COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010577

Amending Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, by repealing therein Sections 76-32, 76-71, 76-103, 76-162, 76-200, 76-201, and 76-236 and enacting in lieu thereof new sections of like number and subject matter.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing therein Sections 76-32, 76-71, 76-103, 76-162 76-200, 76-201 and 76-236 and enacting in lieu thereof new sections, to read as follows:

Sec. 76_32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cruising means a method of soliciting passengers for hire by continuous or repeated operation of any taxicab or other vehicle along a street or other public way for the purpose of obtaining or picking up passengers.

Department means the neighborhood and community services department of the city.

Director means the director of neighborhood and community services or an authorized representative.

Driver's certificate means evidence of authorization to operate vehicles in the services authorized under this article.

Group riding means an arrangement between individuals whereby they pool their private transportation resources, either by using the personal automobile of one member of the group with the others contributing to the cost of operating such automobile, or by rotating the use of their personal automobiles with joint contributions to the cost by the other members of the group, or when any employer provides transportation for his employees, and for none other, for a charge. The term "group riding" shall not be deemed to include the operation of a taxicab, jitney or other vehicles for hire, or the commercial transportation of persons by public or private conveyances, whether on regular routes or special trips, between different localities or otherwise; and all such taxicab, jitney or other commercial operations shall continue to be subject to the existing ordinances applicable thereto.

Jitney means any automobile, motor bus or other self_propelled or human propelled vehicle run, driven or operated upon or along any street, between definite or substantially fixed points or terminals or along a definite or substantially fixed route, whether entirely within the city or partly within and partly without the city, and carrying passengers for compensation, or furnishing passengers transportation for compensation upon or along the streets, from, to and between definite or substantially fixed localities or districts, whether such compensation is payable per trip, weekly, periodically or otherwise, directly or indirectly.

Judgment means a final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including damages for care and loss of services because of bodily injury to or death of any persons, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance or use of any and all motor vehicles operated pursuant to the taxicab permit issued by the city.

Livery vehicle means a public six_passenger or less motor vehicle with driver included, for hire only by written agreement for exclusive use at a charge fixed in advance.

Motor bus means a motor vehicle designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers.

Person means an individual, firm, corporation, association, partnership, or cooperative unless the context requires a contrary interpretation.

Permit means an official document issued by the finance department authorizing operation of a licensed taxicab, livery vehicle or sightseeing vehicle on the streets of the city.

Permit holder means the person to whom a permit has been issued.

Public Way means any street and any public or private driveway or parking area open to the public.

Radio dispatch means a two_way radio system excluding cellular or wireless telephones capable of handling voice and/or data communications for the purpose of dispatching vehicles and receiving calls from the drivers of such vehicles.

Rate card means a card issued by the director for display in each taxicab which contains the rate of fare then in force.

Shared ride means a nonexclusive use of a taxicab by two or more unrelated passengers having either a common point of origin or a common destination point, but traveling in the same general direction.

Sightseeing vehicle means a public passenger vehicle with driver furnished, for hire on regularly routed sightseeing tours, at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sightseeing vehicles are:

(1) Not to be used for point_to_point transportation of passengers or goods;

(2) To be returned to a regular place of garage or point of origin of the regularly scheduled tour between hires; and

(3) Not to cruise in search of patronage.

Taxicab means a public passenger motor vehicle with a passenger carrying capacity of six or less with driver, furnished for hire on a call or demand basis to transport persons, packages or messages, where the route traveled and trip destination are controlled by the passenger, and at a charge or fare based upon time and mileage and recorded and indicated on a taximeter.

Taxicab company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a taxicab service utilizing taxicab permits of which it is the holder.

Taximeter means a meter instrument or device attached to a taxicab which measures the distance driven and the waiting time upon which the fare is based.

Sec. 76_71. Cabs from other cities.

Any taxicab licensed to operate in another city or by another political subdivision or public corporation of this or any other state may carry passengers from another city or state where so licensed to any place or point within the city, but neither the owner nor operator of such vehicle shall be permitted to pick-up any passenger for hire from anywhere within the city, or to otherwise operate within the city without being licensed under the provisions of this article.

Sec. 76_103. Qualifications of applicant.

(a) Every applicant for a driver's certificate shall:

(1) Be 18 years of age or older and be of good moral character.

(2) Be of sound physique, have good eyesight and hearing and not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render him unfit to drive and operate a taxicab safely on the streets of the city.

(3) Be able to read, write, speak and understand the English language.

(4) Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs.

(5) Have a criminal record meeting the following standards:

Have no felony convictions for: first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnaping, first degree robbery, voluntary manslaughter, first degree assault of a law enforcement officer, first degree child molestation.

Have no felony or misdemeanor convictions within five years or have been released from confinement for or completed probation or parole for a felony or misdemeanor conviction within one year involving drugs or narcotics, robbery, burglary, stealing, extortion, bribery, prostitution, any weapons offense, or crime of violence.

Have no ordinance convictions or have been released from confinement for an ordinance conviction, whichever event is later, within two years where such ordinance conviction involved indecent exposure, prostitution, stealing, or possession of controlled substances or illegal drugs or narcotics. Every applicant shall submit with his application a copy of his state criminal record.

(6) Have a municipal and state driving record meeting the following standards:

No convictions within five years for any of the following offenses involving injury or death; no convictions in the last three years for any of the following offenses not involving injury or death:

A. Leaving the scene of a motor vehicle accident;

B. Driving under the influence of alcohol or drugs.

For original permit: No more than four moving violation convictions including operating a defective vehicle within the last three years, and no more than two moving violation convictions including operating a defective vehicle in the last year.

For renewal: No more than five moving violation convictions including operating a defective vehicle within the last three years and no more than two moving violation convictions including operating a defective vehicle in the last year.

The driver's certificate provided for in this division shall not be issued to any person who does not have an A, B or C, CDL license in Kansas or an A, B or C CDL license or an E license in Missouri. The number of the CDL license shall be placed on the application for the driver's certificate under this article. Every applicant shall submit with his application a copy of his state operating record.

(b) The director shall prepare and administer a written and oral test for new applicants that will test the applicants:

(1) Knowledge of taxicab and driver requirements contained in applicable codes and regulations.

(2) Ability to read, write, speak and understand the English language sufficient to satisfy the standards as approved by the director to operate a taxicab.

(3) Knowledge of vehicle safety requirements.

(4) Knowledge of the geography of the city and the area, and knowledge of local public and tourist destinations and attractions.

An applicant who fails the written and/or oral examination is entitled to one free opportunity to retake the examination. A second failure will result in a 60_day wait for another opportunity to take the examination, and another application fee.

The written and oral examination is not required for the renewal of a driver's certificate unless the applicant's certificate has remained expired for more than one year.

(c) The director is authorized to establish a taxicab driver training course pursuant to the terms of this section. The course shall be designed to enhance the proficiency of drivers in all aspects of taxicab driving, and may include topics such as geography of the metropolitan area, traffic laws, vehicle safety, taxicab licensing laws and driver code of conduct, radio communications, cab stand and call procedures, taxicab fares, vehicle cleanliness and maintenance, customer relations, and courtesy.

(d) The course may consist of components taught by department employees, or components taught by an educational institution within the city, or by a combination of such components as approved by the director.

(e) Successful completion of the taxicab driver training course may be a prerequisite for obtaining a driver's certificate.

(f) In addition to the requirements set out in subsection (a) of this section, applicants for a certificate to drive horse_drawn sightseeing vehicles shall present permit holder's written certification of their ability to safely drive horse_drawn vehicles under urban street traffic conditions.

Sec. 76_162. Amount; conditions.

(a) The permit holder or applicant for permits under this article shall maintain liability insurance with liability limits of at least $25,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $50,000.00 for injury to, or death of, more than one person, resulting from a single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $10,000.00 for damage to property, including baggage or other property of a passenger carried in or on the vehicle, resulting from any single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, with a deductible, if any, not to exceed $500.00 and $25,000.00 for uninsured motorist coverage for passengers as that coverage is defined in Section 379.203, RSMo. All claims shall be referred to the insurance company for handling by a claims representative located in the Kansas City metropolitan area.

(b) All insurance coverage must be written by companies that have A.M. Best's rating of B+V or better, and are licensed or approved by the state to do business in the state. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the permit holder and the driver or operator of the vehicle, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy, in excess of any applicable deductible. A certificate of insurance reflecting all endorsements shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.

(c) The liability insurance policy shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon.

(d) The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least ten days prior thereto.

Sec. 76_200. Inspection and sealing of taximeters.

(a) Taxicab permit holders shall be responsible for the accuracy of taximeters installed in taxicabs operated under their permits, within the tolerances established by this code.

(b) No taxicab shall be operated until the taximeter therein has been first inspected, tested, approved and sealed by any agent of the Director. Sealing shall be accomplished as follows:

(1) The meter mechanism shall be sealed within its case;

(2) Driving equipment shall be sealed at the upper end of the meter bracket.

(c) Whenever a taxicabs taximeter has been damaged, or repairs made to the taxicab that might in any way affect the accuracy of its indications have been made, or any of the official security seals have been mutilated, broken or removed, such taxicab shall not be operated thereafter until the taximeter has been inspected, tested, approved and sealed by any agent of the Director.

(d) All taximeters shall be subject to inspection and test by the director and his agents at any time, and any taxicab bearing a taximeter found not to conform to the tolerance established in section 76_201 may be ordered out of service and not returned to service until the taximeter is reinspected by the director and his agents and conforms to the established tolerance values.

Sec. 76_201. Standards for taximeters; test methods.

(a) Test methods for mileage tests. To determine compliance with mileage tolerances, a mileage test of a taximeter shall be conducted utilizing one or more of the following test methods:

(1) Road test. A road test consists of driving the vehicle over a precisely measured road course.

(2) Fifth_wheel test. A fifth_wheel test consists of driving the vehicle over any reasonable road course and determining the distance actually traveled through the use of a mechanism known as a fifth wheel that is attached to the vehicle and that independently measures and indicates the distance.

(3) Simulated road test. A simulated road test involves the use of a special device which provides drums to support the rear wheels of the vehicle and allows the vehicle engine to rotate the drums through the wheels of the vehicle. The distance actually traveled is measured and indicated by the special device.

(b) Test procedure for mileage test. The mileage test of a taximeter, whether a road test, a simulated road test or a fifth_wheel test, shall include at least duplicate runs of a sufficient length to cover at least the third money drop or one mile, whichever is greater, and shall be at a speed approximating the average speed traveled by the vehicle in normal commercial service.

(c) Vehicle loading. During the mileage test of a taximeter, the vehicle shall carry two persons.

(d) Time interval test. If a taximeter is equipped with a mechanism through which charges are made for time intervals, this mechanism shall be tested at least through the first five time intervals.

(e) Interference test. If a taximeter is equipped with a mechanism through which charges are made for time intervals, a test may be conducted to determine whether there is interference between any time and mileage mechanisms. During the interference test, the vehicle is operated at a speed of two or three miles per hour faster than the speed at which the basic mileage_revenue rate equals the basic waiting_time rate.

(f) Tolerance values.

(1) Mileage tests. Maintenance and acceptance tolerances for taximeters shall be as follows:

A. On overregistration: one percent of the interval under test.

B. On underregistration: four percent of the interval under test, with an added tolerance of 100 feet whenever the initial interval is included in the interval under test.

(2) Individual time intervals. Maintenance and acceptance tolerance on individual time intervals shall be as follows:

A. On overregistration: three seconds per minute (five percent).

B. On underregistration: nine seconds per minute (15 percent) on the initial interval, and six seconds per minute (ten percent), on other intervals.

(3) Average time interval computed after excluding initial interval. Maintenance and acceptance tolerances on the average time interval, excluding the initial interval, shall be as follows:

A. On overregistration: no tolerance.

B. On underregistration: three seconds per minute (five percent).

(g) Inflation of vehicle tires. The pressure in the tires on the wheels that actuate the taximeter shall be maintained at not less than the normal operating pressure recommended by the manufacturer of the vehicle.

(h) Position and illumination of taximeter. When mounted upon a vehicle, a taximeter shall be so placed that its face can be seen by any passenger sitting in any of the rear seats. Adequate lighting facilities shall be provided for so illuminating the face of the taximeter that the indications thereof may be conveniently read by the passenger, and the face of the taximeter shall be so illuminated whenever the taximeter is in operation and artificial illumination is necessary for the convenient reading of its indications.

Sec. 76_236. Soliciting passengers; acceptance of passengers.

No person shall solicit passengers for transportation in a livery vehicle on any public way or at any public airport or operate a livery vehicle so as to cruise in search of patronage. No such vehicle shall be parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a call for service, and no passenger shall be accepted for any trip in such vehicle without previous engagement for such trip at a fixed charge through the business office from which the vehicle is operated.

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Approved as to form and legality:

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Assistant City Attorney