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Legislation #: 150203 Introduction Date: 3/19/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 76, Article II, Taxicab Code, by enacting revised and new ordinances which will lessen the regulatory burden and allow transportation network companies and transportation network drivers to continue operating in Kansas City, Missouri while continuing to provide for the public’s safety.

Legislation History
DateMinutesDescription
3/19/2015 Filed by the Clerk's office
3/19/2015 Referred to Transportation & Infrastructure Committee
3/26/2015 Hold On Agenda (4/2/2015)
4/2/2015 Do Pass as a Committee Substitute
4/2/2015 Assigned Third Read Calendar as Substituted
4/9/2015 Councilmember Circo (Second by Johnson) Move to Amend
4/9/2015 Passed as Substituted and Amended

View Attachments
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150203.pdf Authenticated 2642K 150203 Authenticated
150203 Compared Version.pdf Compared Version 474K Compared Version
150203 Fact Sheet.pdf Fact Sheet 131K Fact Sheet
76 - Revised ordinances for transportation network services - 3-18-2015.doc Fact Sheet 104K 76 - Vehicles for Hire

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150203, AS AMENDED

 

Amending Chapter 76, Article II, Taxicab Code, by enacting revised and new ordinances which will lessen the regulatory burden and allow transportation network companies and transportation network drivers to continue operating in Kansas City, Missouri while continuing to provide for the public’s safety.

WHEREAS,   the City wants to insure that the public safety in not compromised by the operation of the new model of transportation commonly called Transportation Network Companies; and

 

WHEREAS, the City recognizes that Transportation Network Companies have recently come into existence but that does not relieve the City of it obligation to protect the public safety that impacts third parties and property; and

 

WHEREAS, the City wants to protect public safety and encourage innovators to use technology to improve the lives of residents and visitors of Kansas City, Missouri; and

 

WHEREAS, the City wants to ensure that safety of the public is not compromised by utilizing the Transportation Network system; and

 

WHEREAS, the goal of the City is to ensure that safety of the public is not compromised by the operation of Transportation Network Companies and the public can rely on the requirements for its protection; and

 

WHEREAS, the City continues to review its ordinances to ensure that the City’s safety oversight reflects the current state of the industry and that ordinances are just and fair for all passenger carriers; and

 

WHEREAS, the City considers the Transportation Network Companies are for-hire passenger carriers and a donation for transportation service is equivalent to direct compensation because the intent is to conduct a for-hire operation; and

 

WHEREAS, the City wants to allow Transportation Networking Companies to grow while ensuring that consumer protection and safety is addressed; and

 

WHEREAS, the City considers Transportation Networking Companies are more than an application on smart phones for arranging transportation. The Transportation Network Companies are essentially performing the same function as a livery dispatch office and does not change the underlying nature of the transportation service being offered; and

 

WHEREAS, passenger transportation left unregulated unnecessarily increases the potential for operation of unsafe vehicles, unqualified drivers and uninsured transportation drivers; and

 

WHEREAS, the City believes that public safety is promoted through the screening of driver, and by ensuring that those who take on the responsibility of transporting passengers can be held accountable for their actions.

 

WHEREAS, all taxi drivers are required to meet all the same requirements for a taxi permit to be issued which should allow permit holders to provide transportation and pickups throughout the City; and

 

WHEREAS, the ordinance changes are being implemented to facilitate more efficient taxicab and livery services and to prevent negative impacts to citizens through an increase in poor customer service by preventing a loss of income to taxicab and livery drivers; and

 

WHEREAS, when taxicab drivers are deprived of equal access to provide taxicab and livery service to hotels and other business establishments, they face financial hardship where the loss of income can encourage drivers to engage in practices that adversely affect the citizens and visitors to our City; and

 

WHEREAS, we need to assure that the necessary steps and measures have been taken to provide the most orderly, efficient and safe taxicab and livery services to all citizens and visitors who use these services within the City of Kansas City, Missouri, including allowing passengers free choice of transportation; and

 

WHEREAS, the current practice of sole agreements imposes financial hardships on drivers of those companies that do not have access to those businesses which may cause drivers to seek other methods for recouping payments from their customers leading to public safety concerns; and

 

WHEREAS, the city has been notified by current commercial vehicle permit holders and taxicab drivers that these arrangements will lead to industry wide contraction and driver mistrust; NOW, THEREFORE,

 

Section 1. The City Council finds and concludes the following:

 

(1)               That the further regulation of taxi and livery services is necessary for the promotion and protection of the public health, safety and welfare of its citizens, the city's interests, and those of its citizens and visitors, in maintaining the quality of transportation the City has to offer to its residents and visitors and the city's interests in maintaining its tax base.

 

(2)               Recognition that a strong, viable, private sector passenger motor carrier industry has a role in efforts to improve transportation mobility.

 

(3)               To assure the continuance of a safe, healthy and efficient passenger transportation system for the citizens and visitors to our City.

 

(4)               Promotion of the safety and welfare of the residents and visitors of the City who use the services of passenger motor carriers to meet their transportation needs.

 

(5)               Prevention of unfair, deceptive or predatory practices.

 

(6)               Improvement of motor vehicle safety.

 

(7) Development and maintenance of a transportation system responsive to the needs of the public that includes allowing passengers to make a choice as to their transportation needs.

 

Section 2. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Article II and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

ARTICLE II. VEHICLES FOR HIRE CODE

 

DIVISION 1. GENERALLY

 

Sec. 76-31. Title of article.

 

This article shall be known as the Vehicles for hire Code, may be cited as such, and will be referred to in this article as "this code."

 

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:

 

Bicycle means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears, and may include an electric assist motor, and has wheels at least 16 inches in diameter and a frame size of at least 13 inches.

 

Charitable non-profit transportation vehicle means a vehicle for hire that is used by a local charitable non-profit transportation organization affiliated with a state or national non-profit charitable organization to solely transport persons who are 65 years of age or older or visually impaired and their required personal care attendants or family members.

 

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.

 

Darkness means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.

 

Department means the neighborhoods and housing services department of the city.

 

Director means the director of the neighborhoods and housing services department 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 vehicles for hire 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 not regulated by any local, state or federal authority which is 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 a vehicle permit issued by the city.

 

Livery company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a livery service utilizing livery vehicles that have vehicle permits.

 

Livery vehicle means a public six-passenger or less motor vehicle with driver included, for hire only by written agreement for exclusive use where the driver expects to receive compensation in the form of a fixed charge or donation.

 

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.

 

Multi-passenger human powered vehicle means a pedicab that is pedal driven by the passengers while the steering and braking is controlled by the driver.

 

Pedicab means a bicycle which is made of a solid frame that has three or more wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is operated by human power, and that is used for transporting passengers for hire.

 

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

 

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 including 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 company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a sightseeing service utilizing sightseeing vehicles that have vehicle permits.

 

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.

 

Software means the object code versions of any applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation in whatever form or media, including the tangible media upon which such applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation are recorded or printed, together with all corrections.

 

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 vehicle 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.

 

Taxicab stand means a place designated only for taxicabs to await passenger pick up where the driver must remain with the vehicle at all times.

 

Taxicab vehicle/livery vehicle/transportation network vehicle zone means a place designated only for taxicabs or a place designated only for livery vehicles or transportation network vehicles to await passenger pick-up or to receive calls for service.

 

Transportation network company driver means an individual who operates a motor vehicle that is:

 

(1)               Owned, leased or otherwise authorized for use by the individual;

 

(2)               Not a taxicab or livery; and

 

(3)               Used to provide transportation network company services.

 

Transportation network company or transportation network company means an entity licensed pursuant to this chapter and operating in Kansas City that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A transportation network company is not deemed to own, control, operate or manage the vehicles used by transportation network company drivers, and is not a taxicab association or a for-hire vehicle owner.

 

Transportation network company services means transportation of a passenger between points chosen by the passenger and prearranged with a transportation network company driver through the use of a transportation network company digital network or software application. transportation network company services shall begin when a transportation network company driver accepts a request for transportation received through the transportation network company’s digital network or software application service, continue while the transportation network company driver transports the passenger in the transportation network company driver’s vehicle, and end when the passenger exits the transportation network company driver’s vehicle. transportation network company service is not a taxicab or street hail service.

 

Transportation network vehicle means any vehicle used to provide a transportation network service including any time when a driver is logged onto the transportation network company's Internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the provider's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is en route to provide transportation network service to a passenger.

 

Vehicle means any taxicab, livery vehicle, sightseeing vehicle, charitable nonprofit transportation vehicle, transportation network vehicle and pedicab as used in this section.

 

Vehicle permit means an official document issued by the neighborhoods and housing services department authorizing operation of a licensed taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab on the streets of the city.

 

Sec. 76-33. Applicability of article generally.

 

Unless specifically indicated otherwise, the provisions of this article shall apply to all taxicabs and other vehicles of every kind, character and description which are being used as taxicabs, cabs, for-hire cars, livery vehicles, sightseeing vehicles, nonprofit transportation vehicles, transportation network vehicles or pedicabs and engaged as such in the carriage of passengers for hire on the streets of the city.

 

Sec. 76-34. Exemption from article for group riding.

 

None of the provisions of this code shall apply to group riding.

 

Sec. 76-35. Exemption from article for airport passenger services operated under

concession from city.

 

(a)    The provisions of this code shall not apply to persons operating a scheduled motor vehicle passenger service for hire between Kansas City Downtown Airport or Kansas City International Airport or any other airport operated by the city and designated points in the city pursuant to a concession agreement with the city, or to drivers of such motor vehicles. The motor vehicles used in the service described in this section shall, with the approval of the director, be so marked as to indicate plainly the special service to which such motor vehicles are limited.

 

(b)   Persons operating a motor vehicle in the special service described in this section shall pay such annual occupation license fee as is required in section 40-156.

 

Sec. 76-36. Other exemptions from article.

 

This code shall not apply to motor vehicles engaged exclusively in the transportation of pupils to and from schools, commonly known as school buses; or to motor buses engaged exclusively in interstate or interurban service under a driver’s certificate of convenience and necessity issued by the Interstate Commerce Commission, the Kansas Corporation Commission or the public service commission of the state; or to motor buses operated by the Kansas City Area Transportation Authority or operated by others pursuant to a franchise or temporary vehicle permit granted under authority of the City Charter; or to vehicles operated by ambulance services; or to vehicles operated by a person or company and used to transport persons who are the employees, patrons, guests, residents or customers of the person or company and where the provision of such transportation is incidental to the business of such person or company.

 

Sec. 76-37. Authority to prescribe additional rules and regulations.

 

The director is hereby authorized to issue such reasonable rules and regulations as may be necessary in the administration and enforcement of the provisions of this code. .

 

Sec. 76-38. Administration and enforcement generally.

 

The director shall be charged with the duty of administration and enforcement of this code.

 

Sec. 76-39. Appointment of investigators.

 

The director is hereby authorized and empowered to appoint investigators. The appointed investigators shall, under the direction and supervision of the director, exercise the power and duty of enforcing this code.

 

Sec. 76-40. Qualifications for vehicle permit.

 

(a)    In order to qualify for a vehicle permit, the vehicle operator must:

 

(1)               Provide proof of current state registration and inspection;

 

(2)               Have current license plates on the vehicle, if applicable.

 

(b)   Taxicab vehicles.

 

(1)               It shall be the duty of the investigators to inspect all taxicabs licensed by the city two times per year to determine whether such vehicles are being maintained at all times in a clean and serviceable condition and in adequate repair. Every taxicab shall be substantially free from damage. The vehicle shall have no loose hanging metal, body molding or chrome stripping. The complete exhaust system shall be intact and in good working order. The taxicab shall not operate with large dents or major body damage, nor shall the taxicab operate with large areas of unpainted or rusted metal. Taxicabs shall have all required fenders, bumpers, doors, door handles, lights and air conditioner, all of which shall be in good working order. Every taxicab shall be equipped with brakes capable of stopping and holding the taxicab under all reasonable conditions, and shall have three doors in addition to the driver's door affording direct entrance and exit to and from the passenger compartment. The passenger compartment of each taxicab shall have an adequate light therein controlled by a switch in the passenger compartment. Failure to meet all above-listed requirements shall cause the taxicab to be found unfit or unsuited for public use. Proof of the most current inspection report shall be provided upon request. The inspection fee shall be $22.00 for each vehicle presented for each inspection.

 

(c)    Livery vehicles, sightseeing vehicles, and transportation network vehicles.

 

(1)               Every livery, sightseeing and transportation network vehicle operated on the streets of the city shall be maintained in clean and serviceable condition and in adequate repair. Every vehicle shall be substantially free from damage. All vehicles shall have no loose hanging metal, body molding or chrome stripping. The complete exhaust system shall be intact and in good working order. No vehicle shall operate with large dents or major body damage, nor shall it operate with large areas of unpainted or rusted metal. All vehicles shall have all required fenders, bumpers, doors, door handles, lights and air conditioner, all of which shall be in good working order. All vehicles shall be equipped with brakes capable of stopping and holding the vehicle under all reasonable conditions, and shall have three doors in addition to the driver's door affording direct entrance and exit to and from the passenger compartment. Failure to meet all above-listed requirements shall cause the vehicle to be found unfit or unsuited for public use, and such vehicle may be ordered off the streets of the city.

 

Sec. 76-41. Notice to correct violation; report of violations.

 

If any taxicab inspector shall discover any violation of this code, he shall notify the permit holder and the owner, operator or driver of the vehicle involved therein by written notice that such violation be terminated and remedied immediately. At the same time, he shall report such violation to the director, who is authorized to suspend, revoke or refuse to renew the vehicle permit or driver’s certificate pursuant to sections 76-77, 76-106, 76-115, 76-141 and 76-142.

 

Sec. 76-42. Examination of records.

 

Every person to whom a vehicle permit or drivers' certificate has been issued under this article agrees, as a condition precedent to the privilege of holding such vehicle permit or driver’s certificate, that the director or his duly appointed inspectors shall have the right and privilege to require such driver or owner to produce, for the purpose of inspection, any and all vehicle permits, driver’s certificates and other records as required by this code for the purpose of ascertaining compliance by such owner or driver with the provisions of this article at any time.

 

Sec. 76-43. Operation of jitneys prohibited.

 

No person shall drive, run or operate any jitney along or upon any street within the city at any time.

 

Sec. 76-44. - Penalty for operation of jitney.

 

Any person who shall violate any of the provisions of section 76-43 shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine of not less than $250.00 and not more than $1,000.00 for each and every offense, and the person guilty of any such violation shall be deemed guilty of a separate and distinct offense for each jitney for each and every day during which such violation shall continue.

 

Sec. 76-45. Penalty for violation of article.

 

Every person, including a vehicle permit holder, transportation network company or an employee or an agent of a vehicle permit holder, and every driver of a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab, who violates any of the provisions of this code, or who neglects or fails to comply with such provisions, shall be deemed guilty of an ordinance violation, and except in cases where another penalty has been fixed and prescribed shall, upon conviction, be fined not less than $100.00 and not more than $1,000.00 for each offense.

 

Sec. 76-46. Transportation network company and transportation network driver.

 

(a)    In order for a transportation network company to offer, utilize and provide transportation network service within the city, they must apply for and receive a transportation network company permit from the director. The application form will be provided by the director and the permit will be good for a period of one year from the date of issuance for which there will be no application fee or cost for the permit. A written application for the permit or the renewal thereof shall be submitted to the director and shall include the following:

 

(1)               The applicant shall be registered in the state of Missouri and will provide their full identification including the residence, business and email address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;

 

(2)               The applicant will identify an individual who will provide their name, address, e-mail address and telephone number, is authorized to represent the company in the capacity of a registered agent, and authorized to accept notices and tickets issued pursuant to this chapter;

(3) Whether or not the applicant, or any person listed in subsection (1) of this section, has been convicted of violating any provision of this code or has ever had a permit issued under this article suspended or revoked;

 

(4) Whether or not the applicant, or any person listed in subsection (1) of this section, has unpaid claims or unsatisfied judgments against them for damages resulting from the negligent operation of the transportation network service;

 

(5) Whether or not any such permit issued to the applicant by any other city has been revoked, and, if so, the circumstances of such revocation;

 

(6) A schedule of proposed fares for the transportation network service;

 

(7) A statement signed by the applicant that they will obey all laws, rules, regulations, policies and procedures that govern transportation network companies, transportation network services, transportation network drivers and transportation network vehicles;

 

(8) A statement signed by the applicant that they will not allow transportation network drivers to utilize their transportation network service until the drivers have met all requirements of this chapter and are in good standing with the director;

 

(9) No transportation network company licensee shall disable, eliminate or otherwise prevent access to the transportation network company’s application by the licensing official or designees of the licensee’s official for purposes of enforcing this chapter.

 

(10) Such further information as the director may reasonably require.

 

(b) To ensure the public safety of all citizens who reside in or visit the city, the provisions of the Vehicles for Hire Code shall apply to all services offered by transportation network companies and transportation network drivers, except to the extent that such services are preempted by 49 USC Section 14501(d). No transportation network company or transportation network driver shall operate in the city unless they comply with all policies and procedures issued by the director and all rules and regulations of the Vehicles for Hire Code, except to the extent that compliance with the Vehicles for Hire Code is preempted by 49 USC Section 14501(d), the Real Interstate Driver's Equity ("Ride") Act.

 

Sec. 76-47. Hearing on transportation network company permit application.

 

(a) The application for a new or the renewal of a transportation network company permit under this article shall be approved or disapproved within 10 days from the date of the director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If an application for a permit is disapproved, the director shall notify the applicant in person or registered or certified or electronic mail at the address provided by the applicant.

(b) If within ten days after the director mails notice to the applicant that the application has been disapproved, the applicant files with the director a written request for a hearing before the director, then the director shall within ten days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the director. The date for the hearing shall not be less than 30 days nor more than 40 days following the filing of the request for a hearing under this section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.

 

(c) The applicant shall have the right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against them. A record shall be made of the proceedings at such hearing, which shall be transcribed at the expense of the party requesting the transcription. In the grant or denial of an application, the director is authorized to determine whether the applicant has met the requirements to conduct the business in accordance with the provisions of this code. This determination shall be based on information provided by the applicant; sworn testimony of witnesses, and official records of any municipal, state or federal government or court. Such determination can result in the denial of the permit or renewal or the unrestricted or restricted grant thereof. If an application for a permit is disapproved, the director shall notify the applicant in person, or by registered or certified mail to the address provided by the applicant, and shall state the basis for the disapproval.

 

Sec. 76-48. Judicial review of grant or denial of transportation network company

permit application.

 

An applicant affected by the action of the director in granting or denying an application for permit under this article may seek judicial review in the manner provided by law.

 

Sec. 76-49. Charitable non-profit transportation vehicle permit.

 

(a)    It shall be unlawful for any person to operate a charitable non-profit transportation vehicle unless a charitable non-profit transportation organization, as defined in this chapter, operating the vehicle shall have first obtained a vehicle permit from the director. Vehicle permits for the operation of charitable non-profit transportation vehicles shall be issued annually and shall expire on December 31 of each year. Vehicle permits in good standing on the date of their expiration shall be eligible for renewal. Such vehicle permits shall be renewed unless it is shown that grounds exist for the revocation of the vehicle permit pursuant to section 76-52. No charitable non-profit transportation vehicle permit shall be issued or renewed under this section until the occupation license tax set forth in section 40-156 has been paid. An application for a vehicle permit or renewal of a vehicle permit shall be made by a charitable non-profit transportation organization on a form furnished by the director.

 

(b)   Any local charitable non-profit transportation organization desiring to operate charitable non-profit transportation vehicles shall submit the following:

 

(1)               A written application for a vehicle permit or the renewal thereof to the director which application shall include the full identification of the applicant including its business and email address;

 

(2)               The past experience, if any, that the applicant has had in rendering such service to the public;

 

(3)               A vehicle in service form, provided by the director, to include the make, model, vehicle identification number and other information for each charitable non-profit transportation vehicle;

 

(4)               Such further information as the director may reasonably require.

 

Sec. 76-50. Charitable non-profit transportation vehicle driver's driver’s certificate.

 

(a)    No person shall operate a charitable non-profit transportation vehicle upon the streets of the city, and no person who owns or controls such vehicle shall give permission for it to be so driven, and no vehicle authorized by the city under this article shall be so driven at any time for hire, unless the driver of the vehicle shall have then in force a driver's certificate issued under the provisions of this section. Every person desiring to operate a charitable non-profit transportation vehicle shall:

 

(1)               Be 18 years of age or older;

 

(2)               Be of good moral character;

 

(3)               Hold an A, B or C license in the State of Kansas or an A, B or C CDL license or an E license in the State of Missouri. The applicant shall include the number of the license on the application for the driver's certificate under this article.

 

(b)   A driver's certificate shall not be issued to any person who:

 

(1)         Has been found guilty of, pleaded guilty to or been convicted of a felony which, if prosecuted pursuant to the laws of the state, would be charged as first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnapping, first degree robbery, voluntary manslaughter, or first degree assault of a law enforcement officer.

 

(2)         Has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor for sexual offenses which, if prosecuted pursuant to the laws of the State of Missouri, would be charged as first degree child molestation, second degree child molestation, sexual misconduct involving a child, first degree sexual misconduct, second degree sexual misconduct, third degree sexual misconduct, or sexual abuse.

 

(3)         Is now or has ever been required to register as a sexual offender pursuant to federal law or with any state, county or local government.

 

(c)    Investigation. After a complete and fully executed application for a driver's certificate has been filed with the director, the director shall cause the application to be investigated. The applicant may ask the director to investigate the application or the applicant can choose a licensed background investigation company to complete the investigation. The criminal background investigation shall include a review of all criminal records available including federal, all states, and the records of all counties in the State of Missouri, and in particular records regarding the registration of persons who have been found guilty of, pleaded guilty to or been convicted of sexual offenses. The criminal background investigation shall, at a minimum, include an investigation of the applicants background of everything listed in this section. If the applicant uses a background investigation company, the applicant must authorize the release of the investigation and require the investigation company to send a copy of the applicant’s background investigation to the director.

 

(d)   Fee. The driver's certificate provided for in this section shall not be issued or renewed until the fee for such driver’s certificate shall have been paid. A non-refundable application fee as determined by the director will be assessed to the applicant to defray the cost of investigation and the application process. The application fee shall fully reimburse the city for the costs associated with the required background check and the issuance of the driver's certificate.

 

(e)    Granting or denial; appeals.

 

(1)               After completing the investigation, the director shall determine whether a driver's certificate shall be granted to the applicant. Such driver’s certificate shall bear the genuine signature of the applicant.

 

(2)               The director's grant or denial of an application for a driver's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, the police department or from the results of the background investigation. In addition to the qualifications set forth, the director shall consider any cause that may exist for suspension or revocation under section 76-52 in his determination on the renewal of a driver's certificate. Within ten days after issuance of notice by the director of his intention to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with section 76-53. Appeal of the director's decision following a hearing shall be pursuant to section 76-78.

 

(f)     Expiration. All driver's certificates shall expire on the last day of the month three years after the date of issuance. A driver's certificate may be renewed by the director upon written application on the form provided by the director.

 

(g)    Driver’s Certificate. An appropriate driver’s certificate shall be furnished to each driver by the director, showing his driver’s certificate number and the year for which the driver’s certificate is issued. Every charitable non-profit transportation vehicle driver, while on duty as such, need not display his driver’s certificate in the vehicle, but must carry it on his person and display it to anyone upon request.

 

Sec. 76-51. Charitable non-profit transportation insurance requirements.

 

(a)    It shall be unlawful for a charitable non-profit transportation organization, as defined in this chapter, to transport persons unless the organization has procured and maintains a commercial general liability insurance policy in the amount of not less than $1,000,000.00 per occurrence, a commercial automobile liability insurance policy in the amount of not less than $1,000,000.00 covering owned, hired, and non-owned vehicles on an "each accident" basis and a physical and sexual abuse policy for $1,000,000.00 in addition to all other requirements set forth in this Code.

 

(b)   Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate taxicabs on the streets of the city. 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 charitable non-profit transportation organization 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 which shall not exceed $500.00. 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.

 

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

 

(2)               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.

 

(3)               Proof of automobile liability insurance in conformance with state law for each charitable non-profit transportation vehicle and a valid certificate of insurance issued by a company providing the insurance coverage required by this section shall be available for inspection at the charitable non-profit transportation organization's principal place of business. The certificate shall include all of the following:

 

a.                   The full name of the insurer;

 

b.                  The name and address of the insured;

 

c.                   The insurance policy number;

 

d.                  The type and limits of coverage;

 

e.                   The effective dates of the insurance policy; and

 

f.                    The certificate issue date.

 

(c) Unlawful claims handling practices. It shall be unlawful for a charitable nonprofit transportation organization under this article, or anyone acting on its behalf, to fail to act at all times in good faith in dealing with claimants or to commit or perform any of the following in handling of claims:

 

(1)               Fail to present to claimants, and those alleging injury or loss at the scene of an accident, proof of insurance at the earliest possible opportunity;

 

(2)               Misrepresent or fail to or refuse to disclose the public liability protection provided by the charitable non-profit transportation organization pursuant to the requirements of this section.

 

(3)               Fail to promptly acknowledge all written and oral communications with respect to claims; and

 

(4)               Fail to adopt and implement standards for the prompt investigation of claims.

 

(d) Claim records. The charitable non-profit transportation organization shall maintain records of all claims for bodily injury or property damage, which shall include:

 

(1)               The name and address of the claimant;

 

(2)               The date the organization was notified of the claim;

 

(3)               The date of the incident giving rise to the claim;

 

(4)               The location of the incident;

 

(5)               The current status of the claim.

 

Such records shall be made available for inspection by the director or his representative during regular business hours in the office of the charitable non-profit transportation organization for a period of one year after final disposition of each claim.

 


 

Sec. 76-52. Suspension and revocation of charitable non-profit vehicle permits and

driver's certificates.

 

(a)    Suspension. The director may suspend the vehicle permit or driver's certificate issued under this article for a period not to exceed 90 days if, following a hearing held in accordance with section 76-53, he finds that:

 

(1)               A vehicle permit holder or the holder of a driver's certificate issued under this article has violated any provision of this Code or any regulation properly issued by the director; or

 

(2)               A vehicle permit holder under this article has failed to satisfy, within 30 days, any final judgment upon which execution has been lawfully issued against such person for damages on account of bodily injury, including death, or damage to property resulting from the ownership, maintenance, use or operation of any charitable non-profit transportation vehicle; or

 

(3) A vehicle permit holder under this article has employed or permitted an agent or employee to hire or employ or contract with any person not holding a valid driver's certificate issued under the provisions of this Code and has permitted such person to operate a charitable non-profit transportation vehicle for hire upon the streets of the city; or

 

(4) The holder of a driver's certificate issued under this article has been convicted of a violation of any municipal ordinance or state law prohibiting hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving, or of any offense whereby his or her acts or omissions caused bodily injury to his or her passengers or the public in the operation of a vehicle pursuant to this Code.

 

(b)   Revocation. The director may revoke any vehicle permit or driver's certificate if, following a hearing held in accordance with section 76-53, he finds that:

 

(1)               A vehicle permit holder or the holder of a driver's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (4) of this section within a 12-month period or has operated or allowed another to operate under his or her suspended vehicle permit or driver’s certificate; or

 

(2)               A driver's certificate or one or more vehicle permits were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in section 76-48 on the application therefor; or

 

(3) The holder of a driver's certificate issued under this article has been convicted of committing a felony or any crime against a passenger of a vehicle operated pursuant to this Code.

 

(c) Issuance of a new vehicle permit or driver's certificate after suspension or revocation. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver’s certificate holder while his vehicle permit or driver's certificate is under suspension. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver’s certificate holder for a 12-month period following revocation of his vehicle permit or driver's certificate.

 

Sec. 76-53. Hearing.

 

(a)    Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any charitable non-profit vehicle permit or driver's certificate issued under this article, or other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the subject vehicle permit or driver's certificate should be suspended or revoked. Not less than ten days prior written notice shall be served on the person holding such vehicle permit or driver's certificate by personal service or mailed by certified or registered mail to the address provided by the applicant, setting out the reason for the hearing and the conditions under which the hearing will be held. The vehicle permit or driver's certificate holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a vehicle permit or driver’s certificate, and such subpoenas may be served by any member of the city police department or any holder of a special officer's commission issued by the board of police commissioners. Such subpoenas shall be served and return thereon shall be made in the same manner provided by law in civil suits in the circuit court of this state.

 

(b)   Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Appeal of the director's decision can be pursued in accordance with the provisions of section 76-78. Description: loading indicator

 


 

DIVISION 2. VEHICLE PERMIT

 

Sec. 76-70. Required.

 

No person shall operate any taxicab without a valid city taxicab vehicle permit issued for the vehicle and displayed in a manner prescribed by the director, in every taxicab being operated on the streets of the city pursuant to the authority of this code. Such vehicle permit shall be required for the operation of any taxicab for which passengers are solicited within the city limits by any means, including but not limited to direct solicitation of passengers by words or actions, occupying taxicab stands or zones, and for every taxicab providing transportation within the city for hire. At the option of the permit holder, a taxicab for which a taxicab permit has been issued can be operated as a livery vehicle if, during such operation, a sign is displayed on both the front and back of the right-hand sun visor stating in characters at least two inches high: "NOT IN TAXICAB SERVICE." A taxicab used as a livery vehicle shall be for hire at a charge fixed by written agreement at a minimum of 24 hours in advance of the trip which shall entitle the party to the exclusive use of the vehicle for the individual or group during the agreed term of the hiring or for transportation to the specified destination, whichever the case may be.

 

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. 76-72. City ownership of vehicle permits.

 

Vehicle permits shall be issued for a period of one calendar year and are subject to the annual renewal provision contained in section 76-74. Such vehicle permits shall remain the title and property of the city. Vehicle permits may only be transferred from person to person if an application is filed and approved by the director and all other provisions of this code are satisfied. Vehicle permit holders in good standing shall have leave to operate during the annual vehicle permit period in compliance with the provisions of this article.

 

Sec. 76-73. Number of taxicab vehicle permits.

 

(a)    The total number of vehicle permits for the operation of taxicabs shall be 500 and no person may directly or indirectly control more than 60 percent of the total number of taxicab vehicle permits. In order to reduce the number of taxicab vehicle permits, any vehicle permit surrendered or forfeited shall not be reissued by the director until the total number of vehicle permits does not exceed 500 vehicle permits. Each vehicle permit holder must have at least 70 percent of the permitted vehicles in operational condition and in use at all times.

 

(b)   All new applicants to operate taxicabs must permit at least ten vehicles.

 

(c)    If the total number of vehicle permits issued at the time this chapter becomes effective exceeds the number authorized, those vehicle permits, if they meet all other requirements, shall be entitled to renewal on an annual basis. If a vehicle permit is not renewed or ceases to fulfill all other requirements of this chapter and is thereafter terminated or canceled or expires, then an application for a new vehicle permit shall be required and the provisions herein limiting the number of vehicle permits shall apply.

Sec. 76-74. Duration; renewal.

 

Vehicle permits for the operation of taxicabs shall be annual permits which expire on October 30 of each year. Vehicle permits in good standing on the date of their expiration shall be eligible for renewal. All vehicles for which new or renewed vehicle permits are sought must be inspected within the preceding 90 days and found to be in compliance with the requirements of this code before the issuance or renewal of such vehicle permits. Pursuant to section 76-73(a) the renewal fee must also be paid for all vehicle permits assigned to the vehicle permit holder but not issued to a vehicle.

 

Sec. 76-75. Fees.

 

(a)    No person or permit holder shall operate a vehicle in any manner as to provide taxicab, livery vehicle, sightseeing vehicle, or transportation network vehicle service upon the streets of the city until all fees have been paid as follows:

 

(1)               Every taxicab company shall have the option of paying an annual fee of $40,000.00. Every taxicab company that pays the $40,000.00 annual fee shall pay $100.00 for every taxicab vehicle permit on an annual basis. Every taxicab company that chooses not to pay an annual fee of $40,000.00 shall pay $250.00 for every taxicab vehicle permit on an annual basis.

 

(2)               Every livery company, transportation network company and sightseeing company shall have the option of paying an annual fee of $40,000.00. For every livery company, transportation network company, and sightseeing company that pays the $40,000.00 annual fee, an annual vehicle permit fee of $100.00 shall be paid by that company or any person that operates a livery, transportation network, or sightseeing vehicle on behalf of that company. For every livery company, transportation network company, and sightseeing company that chooses not to pay an annual fee of $40,000.00, an annual vehicle permit fee of $250.00 shall be paid by that company or any person that operates a livery, transportation network, or sightseeing vehicle on behalf of that company.

 

(3)               The occupation license fee in the amount set forth in section 40-156 shall also be paid.

 

(4)               A vehicle permit replacement fee of $8.00 shall be paid for each replacement vehicle permit.

 

(b)   No transportation network company shall provide access to their transportation network service to any vehicle for hire driver until such driver has paid all fees as outlined in subsection (a) of this section. Permit fees are not subject to proration and shall be in addition to any motor vehicle license tax imposed by the city.

 

(c)    Regulated Industries will review the fee structure within one year from the effective date of this ordinance to determine the balance of costs between the City and permittees and report their finding to the appropriate committee.

 

Sec. 76-76. Contents of application.

 

Any person desiring to operate a taxicab, livery vehicle, sightseeing vehicle or pedicab in the city shall make written application for such vehicle permit or the renewal thereof to the director and shall set forth the following:

 

(1)               A full identification of the applicant and all persons interested in the vehicle permit, if granted, including the residence, business and email address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;

 

(2)               Whether or not the applicant, or any person listed in subsection (1) of this section, has been convicted of the violation of any federal or state felony or, within the previous 12 months, has been convicted of violating any provision of this code or has ever had a driver’s certificate or vehicle permit issued under this article revoked or suspended;

 

(3)               Whether or not the applicant, or any person listed in subsection (1) of this section, has unpaid claims or unsatisfied judgments against him or it for damages resulting from the negligent operation of a vehicle;

 

(4)               The past experience, if any, that the applicant has had in rendering such licensed service in the city, and the period of time that the applicant has rendered such service;

 

(5)               Whether or not any such permit issued to the applicant by any other city has been revoked, and, if so, the circumstances of such revocation;

 

(6)               The number of vehicles proposed to be operated and a complete identification of each, and a description of the proposed operations, including a schedule of proposed fares for livery, transportation network vehicle, sightseeing or pedicab operation;

 

(7)               If the application is for a taxicab vehicle permit, the arrangements to comply with the requirements of section 76-191(b) whereby the public will be able to secure transportation in the applicant's taxicabs and whereby such taxicabs will be dispatched;

 

(8)               If the application is for a taxicab vehicle permit, the color scheme, name and characteristic insignia to be used to designate the taxicabs of the applicant as approved by the director;

 

(9)               Such evidence and information of any kind tending to demonstrate that the vehicle permit being sought will be utilized in the applicant's business conducted in accordance with the provisions of this code; and

 

(10)           Such further information as the director may reasonably require.

 

Sec. 76-77. Hearing on application.

 

(a)    The application for a new vehicle permit or renewal of a vehicle permit under this article shall be approved or disapproved within 50 days from the date of the director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If a vehicle permit application is disapproved, the director shall notify the applicant in person, or by registered or certified mail to the address provided by the applicant.

 

(b)   If within ten days after the director mails notice to the applicant that the application has been disapproved, the applicant files with the director a written request for a hearing before the director, then the director shall within ten days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the director. The date for the hearing shall not be less than 30 days nor more than 40 days following the filing of the request for a hearing under this section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.

 

(c)    The applicant shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. A record shall be made of the proceedings at such hearing, which shall be transcribed at the expense of the party requesting the transcription. In the grant or denial of an application, the director is authorized to determine whether the applicant will conduct the business in accordance with the provisions of this code. This determination shall be based on information provided by the applicant; sworn testimony of witnesses, and official records of any municipal, state or federal government or court. Such determination can result in the denial of the vehicle permit or renewal or the unrestricted or restricted grant thereof. If a vehicle permit application is disapproved, the director shall notify the applicant in person or by registered or certified mail to the address provided by the applicant and shall state the basis for the disapproval.

 

Sec. 76-78. Judicial review of grant or denial of application.

 

An applicant affected by the action of the director in granting or denying an application for a vehicle permit under this article may seek judicial review in the manner provided by law.

 

Sec. 76-79. Duty of vehicle permit and transportation network company permit

holder to enforce compliance by drivers.

 

(a)    Each vehicle permit holder and transportation network company permit holder who provides service under this article shall establish policies and take action to discourage, prevent or correct violations of this code by taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle and pedicab owners and drivers who are employed by or contracting with such vehicle permit holders or transportation network company permit holders.

 

(b)   No vehicle permit holder or transportation network company permit holder who provides service under this article will allow a driver who is employed by or contracting with such a vehicle permit holder to drive a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab if the vehicle permit holder or transportation network company permit holder knows or has reasonable cause to know that the driver has failed to comply with this code or the rules, regulations, and policies and procedures established by the director or other applicable laws.

 

(c)    Each taxicab vehicle permit holder shall insure that all trip sheets received from each taxicab driver are maintained in accordance with section 76-208.

 

(d)   Each vehicle permit holder and transportation network company permit holder who provides service under this article shall insure that no taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab vehicle is operated in an unsafe mechanical condition, or with major body damage, or after being ordered out of service by an investigator.

 

(e)    Each taxicab vehicle permit holder will be responsible to provide overall taxicab service to the public.

 

(f)     Each taxicab vehicle permit holder will institute policies and procedures requiring all drivers to respond to radio dispatch calls.

 

(g)    If a request for service has not been answered within 15 minutes, the taxicab vehicle permit holder dispatcher shall order a taxicab to respond to the request immediately, except when weather or other causes outside the control of the vehicle permit holder prevents the 15-minute response.

 

(h)    Each vehicle permit holder and transportation network company permit holder who provides service under this article will promptly respond to all complaints by passengers and other members of the public.

 

(i)      Each vehicle permit holder and transportation network company permit holder will promptly respond to all requests for information from the director.

 

(j)     Before a vehicle permit holder or transportation network company permit holder shall employ or contract with a person to operate a vehicle for hire regulated under this code, the vehicle permit holder or transportation network company permit holder shall require that person to furnish, in writing, not less than the following information unless such information is provided in an acceptable background check report:

 

(1)               Date of application; full name and all previous names; all addresses where the applicant has permanently or temporarily resided for the previous five years; social security number; telephone number; gender; age; weight; height; hair color; eye color; date of birth; place of birth; whether the applicant is a citizen of the United States; date of last physical examination; the names of all other employers; whether the applicant has previously applied for a driver's certificate; whether the applicant has ever had a driver’s certificate issued by the city, any state, county or other local government suspended or revoked and the reasons therefore; Missouri chauffeur's license number or Kansas A, B or C driver's license number, whether the applicant has ever been a member of a military organization of the United States or any state military, the name of the branch of military service, the date and type of discharge.

 

(2)               A list of all traffic violations in any state for the previous five years; whether the applicant has ever been sentenced to a penal institution; whether the applicant is currently under probation or parole and if so the expiration date; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) that involves any alcohol or drug offense; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) while driving any vehicle, including a taxicab or any other vehicle defined under the vehicles for hire code.

 

(3)               Whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) murder, arson, assault, forcible rape, forcible sodomy, kidnapping, robbery, voluntary manslaughter, assault of a law enforcement officer, sexual offenses (including child molestation, sexual misconduct, and sexual abuse), possession of controlled substances or illegal drugs or narcotics, burglary, stealing, extortion, bribery, prostitution, weapons offense, crime of violence, indecent exposure, violations of state or city traffic laws and regulations involving injury or death, leaving the scene of a motor vehicle accident, driving under the influence of alcohol or drugs, and operating a motor vehicle with defective equipment.

 

(4)               Whether the applicant is now or has ever been registered as a sexual offender with any state, county or local government.

 

DIVISION 3. DRIVERS' CERTIFICATES

 

Sec. 76-101. Required.

 

No person shall drive a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab upon the streets of the city, and no person who owns or controls such vehicle shall give permission for it to be so driven, and no vehicle authorized by the city under this article shall be so driven at any time for hire, unless the driver of the vehicle shall have then in force a driver's certificate issued under the provisions of this code.

 

Sec. 76-102. Application.

 

(a)    Filing. Every person desiring to drive a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab on the streets of the city shall file with the director a written application for a driver's certificate. Any application which is incomplete for a period of 60 days after the date of filing with the director shall be disapproved by the director.

 

(b)   Application form. The application for a driver's certificate shall be made upon a form to be provided by the director and shall request not less than the information specified in section 76-79(j) and such other information as may be deemed proper by the director.

 

(c)    Documents submitted with application form. No application for a driver's certificate to drive horse-drawn sightseeing vehicles shall be complete unless the applicant submits a vehicle permit holder's written certification that the applicant is qualified and able to safely drive horse-drawn vehicles under urban street traffic conditions.

 

(d)   Testing. Each new applicant must pass the written and oral examination administered by the director.

 

Sec. 76-103. Qualifications of applicant.

 

(a)    Every applicant for a driver's certificate under this division 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, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab 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)               Hold an A, B or C, CDL license in the State of Kansas or an A, B or C CDL license or an E license in the State of Missouri. The applicant shall include the number of the CDL license on the application for the driver's certificate under this article, and shall submit a copy of the applicant's state operating record with the application.

 

(b)   A driver's certificate shall not be issued to any person who:

 

(1)               Has been found guilty of, pleaded guilty to or been convicted of a felony (federal or any state) for first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnapping, first degree robbery, voluntary manslaughter, or first degree assault of a law enforcement officer.

 

(2)               Has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor (federal or any state) for sexual offenses including but not limited to first degree child molestation, second degree child molestation, sexual misconduct involving a child, first degree sexual misconduct, second degree sexual misconduct, third degree sexual misconduct, and sexual abuse.

 

(3)               Is now or has ever been registered as a sexual offender with any state, county or local government.

 

(4)               Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor or has been released from confinement for or completed probation or parole for a felony or misdemeanor conviction within one year of the date of application involving drugs or narcotics, robbery (other than first degree robbery), burglary, stealing, extortion, bribery, prostitution, any weapons offense, or crime of violence other than those set forth in (b)(1) and (2).

 

(5)               Has been found guilty of, pleaded guilty to or been convicted of an ordinance violation or has been released from confinement for an ordinance conviction, whichever event is later, within two years where such finding of guilt, plea of guilt or ordinance conviction for indecent exposure, prostitution, stealing, or possession of controlled substances or illegal drugs or narcotics.

 

(6)               Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of a state traffic law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs during which a person was injured or died.

 

(7)               Within three years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of state law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs, but not involving injury or death.

 

(8)               Applies for a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than four moving traffic violations including operating a defective vehicle within three years of the date of application, or has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle within one year of the date of application.

 

(9)               Applies for a renewal of a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than five moving traffic violations including operating a defective vehicle within three years of the date of the renewal application and has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle with any state, county or local government within one year of the date of the renewal application.

 

(c)    Except for transportation network company drivers, the director shall prepare and administer a written and oral test for new applicants that will test the applicant's:

 

(1)               Knowledge of vehicles for hire requirements 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 vehicle for hire.

 

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

 

(d)   An applicant who fails the written and/or oral examination may retake the examination once at no additional charge. If the applicant fails the second test or any test thereafter, the person shall not be permitted to retake the test for 60 days after failure, and for each additional test the applicant shall pay another application fee.

 

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

 

Sec. 76-104. Investigation.

 

(a)    Criminal background investigation. After a complete and fully executed application for a driver's certificate has been filed with the director, the application will be investigated. The applicant may ask the director to conduct the criminal background investigation or the application can choose a licensed background investigation company, approved by the director, to complete the criminal background investigation. The criminal background investigation shall include a review of all criminal records available including federal, all states, and the records of all counties in the State of Missouri, and in particular records regarding the registration of persons who have been found guilty of, pleaded guilty to or been convicted of sexual offenses. The criminal background investigation shall, at a minimum, include an investigation of the applicants background of everything listed under section 76-103 of this division. If the applicant uses a background investigation company, the applicant must authorize the release of the investigation and require the investigation company to send a copy of the applicant’s background investigation to the director.

 

(b)   Physical evaluation. Submit a current physical examination or a written statement on official letterhead from a medical professional who is listed on the National Registry of Certified Medical Examiners stating the applicant is of sound physique, has good eyesight and hearing and is not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render them unfit to drive and operate a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab safely on the streets of the city.

 


 

Sec. 76-105. Fee.

 

The driver's certificate provided for in this division shall not be issued or renewed until the fee for such certificate shall have been paid. A non-refundable application fee as determined by the director will be assessed to the applicant to defray the cost of the investigation and application process.

 

Sec. 76-106. Granting or denial; appeals.

 

(a)    After reviewing the examination and investigation, the director shall determine whether a driver's certificate shall be granted to the applicant. Such certificate shall bear the genuine signature of the applicant.

 

(b)   The director's grant or denial of an application for a driver's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, the police department or from the results of the background investigation. In addition to the qualifications set forth in section 76-103 for new applicants, the director shall consider any cause that may exist for suspension or revocation under section 76-141 in his determination on the renewal of a driver's certificate. Within ten days after issuance of notice by the director of his intention to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with section 76-77. Appeal of the director's decision following a hearing shall be effected pursuant to section 76-78.

 

Sec. 76-107. Expiration.

 

All driver's certificates shall expire on the last day of the month one year after the date of issuance.

 

Sec. 76-108. Renewal.

 

A driver's certificate may be renewed from year to year by the director upon an application form provided by the director and submitted by the applicant. With every third written application, each applicant will provide a current physical examination or a written statement on official letterhead from a medical professional who is listed on the National Registry of Certified Medical Examiners stating the applicant is of sound physique, has good eyesight and hearing and is not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render them unfit to drive and operate a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab safely on the streets of the city..

 

Sec. 76-109. Display of driver’s certificate.

 

An appropriate driver’s certificate shall be furnished to each driver by the director showing his driver’s certificate number and the year for which the driver’s certificate is issued. Every taxicab and pedicab driver, while on duty as such, shall continuously display such driver’s certificate in such manner as to make it easily seen. All other vehicle for hire operators must have the driver’s certificate in their possession and present it upon request. Once technology and equipment becomes available, a digital display of the certificate will be allowed.

 

Sec. 76-110. Submitting false information.

 

Any false statement or misrepresentation of a material fact, made by an applicant for the purpose of securing a driver's certificate, or any renewal thereof, shall be deemed good and sufficient cause for refusal to grant, or, if granted, for revocation of a driver’s certificate.

 

Sec. 76-111. Defacing a driver’s certificate.

 

Any driver who removes, obliterates or defaces any official entry made upon his driver's certificate shall have his driver’s certificate revoked.

 

Sec. 76-112. Forging or altering a driver’s certificate.

 

Any person who falsely or fraudulently shall make, forge, alter or counterfeit any driver's certificate, identification card, stamp, sticker or certificate of registration as required by law, or who shall knowingly have in his possession or shall pass, use or tender any such instrument to any other person, shall be guilty of an ordinance violation, and upon conviction thereof shall be punished as provided by city ordinances.

 

Sec. 76-113. Compliance with applicable laws.

 

Every holder of a driver's certificate issued under this code shall comply with all city, state and federal laws. Failure to do so will justify suspension or revocation of the driver’s certificate by the director.

 

Sec. 76-114. Suspension or revocation.

 

(a)    Any person holding a driver's certificate, if found guilty of a violation of this code, may, in the discretion of the court, in addition to the other punishment provided in this article, have his driver’s certificate suspended for a period not exceeding 90 days, or revoked. The director may, at any time, for good cause shown, after a hearing, suspend for a period not to exceed 90 days, or revoke, any driver's certificate pursuant to sections 76-141 and 76-142.

 

(b)   In case of suspension or revocation of a driver's certificate, the certificate shall be surrendered to the director. A statement of such suspension and revocation, and the reason therefor, shall be noted in the driver's file.

 

(c)    In case of suspension, the driver's certificate shall be returned to him at the expiration of the period for which his driver’s certificate was suspended. In case of the revocation of a driver’s certificate held by a driver, another driver’s certificate shall not be issued to such person within a period of six months immediately following the date of such revocation.

 

Sec. 76-115. Records.

 

Applications. One copy of all applications for drivers' certificates shall be kept on file. The director shall maintain all application records for a period of seven years.

 

Sec. 76-116. Airport taxicab identification card.

 

(a)    No person shall drive a taxicab, livery vehicle, sightseeing vehicle or transportation network vehicle and pick up passengers at Kansas City International Airport unless the driver of the vehicle shall have then in force an airport taxicab identification card.

 

(b)   Every person desiring to drive a taxicab, livery vehicle, sightseeing vehicle or transportation network vehicle and pick up passengers at Kansas City International Airport shall file with the Kansas City International Airport Police Division a written application for an airport taxi/livery driver identification card and successfully complete a security threat assessment fingerprint-based criminal history records check (CHRC).

 

Sec. 76-117. Qualifications of applicant for airport taxicab identification card.

 

(a)    Every applicant for an airport taxicab identification card under this division shall:

 

(1)               Possess a valid driver's certificate issued under the provisions of this division; and

 

(2)               Undergo a fingerprint based criminal history records check.

 

(b)   An airport taxicab identification card shall not be issued to any person who within ten years of the date of application has been found guilty of, pleaded guilty to or been convicted in any jurisdiction of any disqualifying crime listed on the criminal history records check fingerprint application.

 

(c)    All airport taxicab identification cards shall expire on the date of expiration of a person's driver's certificate.Description: loading indicator

 


 

DIVISION 4. SUSPENSION AND REVOCATION OF

PERMITS AND DRIVER’S CERTIFICATES

 

Sec. 76-141. Generally.

 

(a)    Suspension. If the director holds a hearing in accordance with section 76-142 and finds that:

 

(1)               A vehicle permit holder, transportation network company permit holder, or the holder of a driver's certificate issued under this article has violated any provision of this code or any regulation properly issued by the director of this code;

 

(2)               A vehicle permit holder or transportation network company permit holder under this article has failed to satisfy, within 30 days, any final judgment upon which execution has been lawfully issued against such person for damages on account of bodily injury, including death, or damage to property resulting from the ownership, maintenance, use or operation of any vehicle licensed pursuant to chapter 76.

 

(3)               A vehicle permit holder or transportation network company permit holder under this article has employed or permitted an agent or employee to hire or employ or contract with, as a taxicab, livery, sightseeing, transportation network or pedicab vehicle driver any person not holding a valid driver's certificate issued under the provisions of this code, and has permitted such person to operate a taxicab for hire or a livery, sightseeing, transportation network or pedicab vehicle upon the streets of the city;

 

(4)               Someone other than the holder thereof has made use of a vehicle permit or driver’s certificate granted pursuant to the provisions of this code, except for operation under a valid taxicab lease;

 

(5)               The holder of a driver's certificate issued under this article has been convicted of a violation of any municipal ordinance or state law prohibiting hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving, or of any offense whereby his or her acts or omissions caused bodily injury to his or her passengers or the public in the operation of a vehicle pursuant to this code; or

 

(6)               The holder of a driver's certificate issued under this article has knowingly charged, for services provided in accordance with this vehicles for hire code, a fare or charge in excess of that authorized in this article; then the director may suspend the driver’s certificate, transportation network company permit or vehicle permit issued under this article for a period not to exceed 90 days.

 

(b)   Revocation.

 

(1)               The director may revoke a transportation network company permit, or, any or all vehicle permits if following a hearing held in accordance with section 76-142, he finds that:

 

a.                   A transportation network company permit holder, vehicle permit holder or the holder of a driver's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (6) of this section within a 12-month period or has operated or allowed another to operate under his or her suspended permit or driver’s certificate;

 

b.                  A driver's certificate or one or more vehicle permits issued there under were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in section 76-46(a) or section 76-76(2), (3), (4) and (5) on the application therefor; or

 

c.                   The holder of a driver's certificate issued under this article has been convicted of committing a felony or any crime against a passenger of a vehicle operated pursuant to this code, any crime involving moral turpitude, hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving.

 

(2)               Following a hearing held in accordance with section 76-142, the director may revoke any transportation network company permit or vehicle permit under which a vehicle permit holder has discontinued his operations unless such vehicle permit holder has surrendered the vehicle permit within ten days after such discontinuance.

 

(c) Issuance of new vehicle permit after suspension or revocation. No new vehicle permit will be issued to a vehicle permit holder while any of his vehicle permits are under suspension. No new vehicle permits will be issued to a vehicle permit holder for a 12-month period following the revocation of one or more of his vehicle permits.

 

Sec. 76-142. Hearing.

 

(a)    Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any vehicle permit or driver’s certificate issued under this article, or other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the vehicle permit or driver’s certificate should be suspended or revoked. Not less than ten days' prior written notice shall be served on the person holding such vehicle permit or driver’s certificate by personal service or mailed by certified or registered mail to him at the address provided by the applicant, setting out the reason for the hearing and the conditions under which the hearing will be held. The vehicle permit or driver’s certificate holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a vehicle permit or driver’s certificate, and such subpoenas may be served by any member of the city police department or any holder of a special officer's commission issued by the board of police commissioners. Such subpoenas shall be served and return thereon shall be made in the same manner provided by law in civil suits in the circuit court of this state.

 

(b)   Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Anyone affected by the action of the director under this section may seek judicial review in the manner provided by law.

 

DIVISION 5. INSURANCE

 

Sec. 76-161. Required.

 

It shall be unlawful to operate a taxicab, livery vehicle, sightseeing vehicle, transportation network vehicle or pedicab, as defined in this code, or permit such vehicle to be operated, nor shall any vehicle permit be issued under this article, unless and until the applicant for such vehicle permit, in addition to all other requirements set forth in this code, shall file and maintain with the director, for each vehicle to be operated, a policy of liability insurance in accordance with this division.

 

Sec. 76-162. Amount; conditions.

 

(a)    Taxicabs, livery vehicles, pedicabs and sightseeing vehicles.

 

(1)               The vehicle permit holder or applicant for vehicle permits under this article shall maintain liability insurance with liability limits of at least $50,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $100,000.00 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 $25,000.00 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 $50,000.00 for uninsured motorist coverage for passengers as that coverage is defined in RSMo § 379.203. All claims shall be referred to the insurance company for handling by a claims representative located in the Kansas City metropolitan area.

 

(2)               Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate on the streets of the city. 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 vehicle 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.

 

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

 

(4)               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.

 

(5) A valid certificate of insurance issued by a company providing the required insurance policy shall be available for inspection by the vehicle permit holder. The certificate shall include all of the following:

 

A. The full name of the insurer;

 

B. The name and address of the insured;

 

C. The insurance policy number;

 

D. The type and limits of coverage;

 

E.                  The specific vehicles insured;

 

F.                  The effective dates of the insurance policy; and

 

G.                 The certificate issue date.

 

(b) Transportation network companies, drivers and vehicles.

 

(1) The insurance policy must cover all vehicles and drivers that work under a transportation network company.

 

(2) From the time a driver accepts a passenger to the time the passenger exits the vehicle, the commercial insurance policy shall be the primary insurance policy.

 

(3) The Transportation Network Company must provide commercial liability coverage for each vehicle operating under its authority during all times that the vehicle is operating in furtherance of the Transportation network Company’s business. At a minimum, the liability coverage must be provided as follows:

 

A.                 From the time the driver indicated that the vehicle is available to accept a ride request, but before the driver or operator has accepted a particular request, the vehicle must have contingent liability coverage covering liability resulting from any occurrence arising out of or caused by the operation of the vehicle of at least $50,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $100,000.00 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 $25,000.00 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 $50,000.00 for uninsured motorist coverage for passengers as that coverage is defined in RSMo § 379.203. All claims shall be referred to the insurance company for handling by a claims representative located in the Kansas City metropolitan area.

 

B.                 From the time a transportation network driver or operator accepts a ride request to the time the passenger exits the vehicle, the vehicle must have commercial automobile liability coverage with a combined single limit of liability for injury or property damage for each occurrence of $1,000,000.00.

 

C.                 The liability insurance policy shall contain a provision for continuing liability there under 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.

 

E.                  A valid certificate of insurance issued by a transportation network company providing the required insurance policy shall be available for inspection at the transportation network company's principal place of business. The certificate shall include all of the following:

 

1.                  The full name of the insurer;

 

2.                  The insurance policy number;

 

3.                  The type and limits of coverage; and

 

4.                  The effective dates of the insurance policy.

 

(4) Driver must have proof of the transportation network company’s insurance in the vehicle at all times.

 

(5)               Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate on the streets of the city. 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 vehicle 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 driver’s 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.

 

(6)               Other insurance may be accepted but not without written approval by the City of Kansas City, Missouri.

 


 

Sec. 76-163. Unlawful claims handling practices.

 

It shall be unlawful for a vehicle permit holder or transportation network company permit holder under this article, or anyone acting on their behalf, to fail to act at all times in good faith in dealing with claimants or to commit or perform any of the following in handling of claims:

 

(1)               Fail to present insurance information to claimants, and those alleging injury or loss at the scene of an accident, at the earliest possible opportunity;

 

(2)               Misrepresent or fail to refuse to disclose the public liability protection provided by the vehicle permit holder pursuant to the requirements of section 76-161;

 

(3)               Fail to promptly acknowledge all written and oral communications with respect to claims; and

 

(4)               Fail to adopt and implement standards for the prompt investigation of claims.

 

Sec. 76-164. Claim records.

 

The vehicle permit holder and transportation network company permit holder under this article shall maintain records in their local office of all claims for bodily injury or property damage, which shall include:

 

(1) The name and address of the claimant;

 

(2) The date the vehicle permit holder was notified of the claim;

 

(3) The date of the incident giving rise to the claim;

 

(4) The location of the incident;

 

(5) The current status of the claim.

 

Such records shall be provided to the director or his representative upon request during regular business hours for a period of one year after final disposition of each claim. Description: loading indicator

 


 

DIVISION 6. OPERATION OF TAXICABS

 

Sec. 76-191. Required services.

 

(a)    Holders of taxicab vehicle permits issued under this article are required to offer, and to provide upon demand, citywide taxicab services 24 hours per day, seven days per week. Each taxicab vehicle permit holder must have one business telephone number that must be accessible 24 hours a day, seven days per week. Such taxicab services shall include the transportation of passengers, messages and packages. In the case of packages, the driver shall have the right to view the contents of a package he/she finds questionable.

 

(b)   All such holders of taxicab vehicle permits shall render an overall service to the public desiring to use taxicabs. They shall maintain a central non-residential place of business with operating hours from 6:00 a.m. to 6:00 p.m. Monday thru Sunday. During non-operating hours, the holder of a taxicab vehicle permit and/or his/her agent shall arrive at the central non-residential location within 30 minutes upon notification of a request for services. They shall answer all calls received by them for services within the city, within 30 minutes of receiving such call and, if services cannot be rendered within such time, they shall then notify the prospective customer as to how long it will be before the call can be answered and give the reason why. In cases where a number of vehicle permit holders are grouped in an association operating under a common color scheme, it shall not be necessary that every taxicab belonging to members of that association be in service 24 hours a day so long as the association provides adequate overall service.

 

(c)    No driver of a taxicab shall willfully refuse, without cause, to:

 

(1)               Accept a passenger for transportation from any area of trip origin to any area of trip destination within the city; or

 

(2)               Respond to a request for passenger service transmitted to such driver through the taxicab dispatch system.

 

(3)               Accept guide dogs used by a passenger requesting transportation.

 

Sec. 76-192. Passenger fares.

 

(a)    Use of meter required. While in service as a taxicab, each vehicle shall be operated with its meter engaged.

 

(b) Fares. The passenger fares for taxicab service shall be meter-based as established herein and in accordance with the following standards:

 

(1)               Initial drop. The meter charge recorded on the meter at the start of the trip.

 

(2)               Mileage charge. A charge for each one-tenth portion of a mile. The current mileage charge for each one-tenth portion of a mile is $0.21.

 

(3)               Waiting time. A charge for each increment of waiting time. The term "waiting time," as used in this subsection, means the time when the taxicab is not in motion from the time of acceptance to the time of discharge of a passenger, but does not include any time the taxicab is not in motion, if due to any other cause than the request, act or fault of the passenger. The first three minutes elapsing prior to the arrival of a passenger at the beginning of a trip shall not be included in computing waiting time, and in no event shall any time be included as waiting time for any period prior to the time fixed for the arrival of the taxicab by the prospective passenger when calling for a cab.

 

(4)               Traffic delay time. A charge for each increment of delay time. The term "traffic delay time," as used in this subsection, shall be that time as set and determined by the taximeter, provided no traffic delay time shall accrue on the taximeter unless the taxicab is stopped in traffic or proceeding at a speed of less than ten miles per hour.

 

(5)               Airport fee. A charge to off-set the established airport trip fee as determined by the director of aviation.

 

(6)               Fare rate. The meter-based rate of fare shall be $2.50 initial drop fee plus $2.10 per mile. The waiting time/traffic delay time shall be $0.21 every 18 seconds (the twenty-one cent waiting time/traffic delay time charge is one-tenth of the per mile charge). An additional charge of $0.50 per trip shall be charged for each passenger over two passengers.

 

(7)               Fares outside the city limits. Charges for a passenger trip which originates within the City of Kansas City, Missouri shall be made in accordance with the taximeter. Charges for trips which extend beyond the city limits may be made on a flat rate basis for that portion of the trip that extends beyond the city limits.

 

Sec. 76-193. Rate cards.

 

(a)    For taxicabs operating under the authority of this code, the director shall issue rate cards stating all the elements of the schedule of passenger fares prescribed in sections 76-192 and 76-195. Such rate cards shall at all times be displayed in a card frame within the taxicab, so placed as to be in full view of any passenger.

 

(b)   The director shall also issue rate cards to be used by every driver operating a taxicab under the authority of this code. This card shall state the initial charge and rate per mile for the vehicle, estimated charges for at least two representative trips at the meter rates. The card shall also state that, upon request, the driver will estimate the charge to the passenger's destination. The originating passenger shall be offered the opportunity to read this rate card prior to engaging the services of the taxicab and, whenever possible, prior to entering the taxicab and loading any items of property in the taxicab.

 

Sec. 76-194. Acceptance of additional passengers.

 

(a)    Shared riding is permitted when authorized by the originating passenger.

 

(b)   Under emergency conditions affecting vehicle mobility, such as adverse weather or lack of motor fuel availability, when declared by the director, shared riding without passenger consent may be required to maintain essential mobility.

 

(c)    The number of passengers carried in a taxicab operating pursuant to a vehicle permit issued under this article shall not exceed the rated seating capacity of the vehicle, and in no event shall the total number of passengers carried in the vehicle, not counting the driver, exceed five.

 

Sec. 76-195. Prorating fares.

 

The fare among two or more taxicab passengers shall be prorated when the originating passenger requests such proration and all passengers agree to the terms thereof. In no event shall the total fare charged for the entire trip exceed the rate prescribed in section 76-192, regardless of the number of passengers.

 

Sec. 76-196. Contracts for service.

 

It shall be lawful to operate a taxicab service pursuant to a prior contract which provides for subsequent billing so long as the trip charge is in accordance with section 76-192.

 

Sec. 76-197. Dispatch records.

 

(a)    Required; contents. Every taxicab vehicle permit holder shall maintain dispatch records which shall include all dispatched trips made each day, showing the time and place of origin and the start time of each trip.

 

(b) Preservation; examination by enforcement officers. Every holder of a taxicab vehicle permit shall retain and preserve the dispatch records in a safe place for at least the calendar year next succeeding the current calendar year, and the trip sheets shall be available to the director or to his agents and to the police department at all times.

 


 

Sec. 76-198. Taximeters required.

 

All taxicabs operating under authority of this code shall be equipped with a single tariff taximeter of a type approved by the director and inspected by any agent of the director for accuracy.

 

Sec. 76-199. Installation of taximeters.

 

Taximeters shall be connected to the transmission or drive shaft of the taxicab and shall be placed in the driver's compartment on the right-hand side of the vehicle with the face of such taximeter upon which the fare is recorded directed toward the passenger compartment, so positioned as to be wholly visible to and clearly discernible by any passenger sitting in any of the rear seats. The face of the dial of every taximeter shall be illuminated by a suitable light arranged so that the figures may be read by any passenger. The height of the numerals indicating the fare charged shall be not less than one-half inch.

 

Sec. 76-200. Inspection and sealing of taximeters.

 

(a)    Taxicab vehicle permit holders shall be responsible for the accuracy of taximeters installed in taxicabs operated under their vehicle 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 taxicab's 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 over registration: one percent of the interval under test.

 

B.                 On under registration: 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 over registration: three seconds per minute (five percent).

 

B.                 On under registration: 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 over registration: no tolerance.

 

B.                 On under registration: 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. 76-202. Soliciting passengers of other carriers.

 

No owner, driver or any other person shall solicit the patronage of persons assembled at the terminal of any other common carrier, or at any intermediate points along any established route of such carrier, when such persons have assembled for the purpose of using the service of such common carrier. Nothing contained in this section shall be construed to prohibit or interfere with response to any call for a taxicab made by a signal from a pedestrian.

 


 

Sec. 76-203. Driver's conduct.

 

It shall be a violation of this code for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another. Such driver shall not engage in selling intoxicating liquor or solicit or participate in any immoral purpose or illegal act or use the vehicle for any purpose other than the transporting of passengers, messages or packages. Whenever a taxicab is occupying a designated taxicab stand or zone, as defined in section 76-32, the taxicab is considered available for service. Drivers shall not sleep in their vehicles, or play loud music, while their vehicle is occupying a taxicab stand or zone. Drivers shall not permit unauthorized nonpaying passengers to ride in their vehicle. A taxicab driver shall at all times be courteous when dealing with the public. A driver shall in all instances in which it is requested or required assist a passenger to enter the vehicle and to load and unload all luggage, except that a driver shall not be required to lift a passenger or items weighing more than 50 pounds. Every taxicab driver shall operate his or her taxi in accordance with the laws of the state and the city, and with due regard for the safety, convenience and comfort of passengers and the general public. While on duty, taxicab drivers must maintain their personal appearance by being neat and clean in dress and person. The following articles of clothing, when worn as outer garments, are prohibited:

 

(1)               Underwear, tank tops, swimwear, jogging suits, body shirts, shorts, cut-offs, trunks, or similar attire;

 

(2)               Sandals without socks;

 

(3)               Bermuda or post office type shorts may be worn between May 1 and September 30 of each year.

 

Sec. 76-204. Duty to inspect vehicle.

 

Every taxicab driver prior to the beginning of each shift and at the end of each shift shall inspect the taxi vehicle to make sure that all equipment on the vehicle is operating properly and that there is no major body damage to the cab. All equipment defects or body damage shall immediately be reported to the owner and service company. No driver shall operate any taxi vehicle which is unsafe or which has major body damage. Every taxicab driver at the beginning of each shift and during each shift shall see that the cab is at all times free of debris and clean on the inside as well as the outside. All taxicabs shall be washed a minimum of once per week. Every taxicab driver shall inspect their vehicle after the departure of each passenger to ascertain that no article has been left behind. In the event that a passenger does leave an article in a cab, the driver shall immediately attempt to return it. If the driver is unable to immediately return the article, the dispatcher shall be notified and the article shall be turned in to the service company office not later than the end of the driver's shift. The taxicab owner and service company shall make a diligent effort to locate the owner of any lost article and shall retain the article at the service company office for at least 30 days.

 

Sec. 76-205. Duty to accept passengers.

 

No driver shall refuse or neglect to transport any orderly person or persons upon request anywhere in the city unless previously engaged, provided that such person agrees to pay the legal rate of fare. A taxicab driver, when such notice is posted in the cab, may:

 

(1)               Refuse to accept a personal check in payment of the fare;

 

(2)               Refuse to provide more than $10.00 in change in return for payment of a fare. In the event that a fare has accrued and a driver refuses to accept payment under the provisions of this section, the passenger shall be transported to the nearest place where acceptable payment may be obtained. A fare may be charged for all distances traveled in this pursuit, and for returning the passenger to his or her original destination.

 

Sec. 76-206. Receipts for fares.

 

Every driver of a taxicab, when requested by a paying passenger, shall give a receipt showing the driver's name, the name of the taxi company, the vehicle permit number, the fleet number of the taxi, the date and the amount of the fare and a card shall at all times be displayed in the taxicab in full view of any passenger, advising them of the availability of a receipt.

 

Sec. 76-207. Map required.

 

Every taxicab driver shall carry in his or her taxicab at all times a current detailed street map of the metropolitan area and shall contact his or her dispatcher when in doubt of the most direct route.

 

Sec. 76-208. Trip sheets.

 

Every taxicab driver shall keep a trip sheet, current to the last run taken, upon which shall be noted the starting point and time, and the termination point and time of each trip, the place of discharge of each passenger, the amount of the fare charged, the shift beginning and ending times, the date, the name of the taxicab company and the driver's name and driver’s certificate number. Such sheet shall be filed with and as part of the records of the vehicle permit holder, and maintained at the office of the vehicle permit holder. Trip sheets shall be filed not later than 72 hours after the completion of the driver's shift, or immediately on demand of a police officer or license inspector. The trip sheets shall be open to inspection by the chief of police, director, or their representatives at all times, and failure to so make and keep such trip sheets or the falsification of such trip sheets shall constitute a violation of this chapter and shall be cause for the revocation of the driver's certificate or, in the event such failure is by the vehicle permit holder, shall be cause for the revocation of the taxicab vehicle permit of such vehicle permit holder. Each taxicab vehicle permit holder shall preserve trip sheets for a period of one year, and submit upon request of the director or his agents, any information contained in the driver's trip sheets, together with the true and correct information as to the orders or calls for taxicabs and the disposition of same. Vehicle permit holders shall file trip sheets by cab number, chronologically.

 

Sec. 76-209. Prohibited acts.

No taxicab driver shall:

 

(1)               Operate a taxicab in violation of state or local traffic regulations, without proper regard for the traffic, surface, and width of the street or highway and the hazards at intersections and any other conditions then existing, nor in such a manner or condition as to endanger or to be likely to endanger the safety of passengers, pedestrians, vehicles or the persons and property of others;

 

(2)               Threaten, abuse, insult, provoke, interfere with, impede or obstruct any other licensed driver, any passenger, prospective passenger or any other person in connection with operations under this chapter;

 

(3)               Have in his or her possession a lighted cigarette, cigar, pipe, or light or smoke same while driving a taxicab which is occupied by a passenger, unless such passenger shall have first granted such driver permission to do so;

 

(4)               Have in his or her possession while operating a taxicab, any firearm or weapon;

 

(5)               Provide any payment to any doorman, bellhop, taxicab starter, bartender or any other person within the city in return for the referral of passengers;

 

(6)               Knowingly and with intent to disrupt communication on a two-way radio system, manipulate a microphone switch or other jamming device;

 

(7)               Refuse to obey or to comply with any lawful order or direction of any police officer, traffic-control officer, meter monitor or duly appointed inspector of the department, or use profane language or otherwise interfere with such officials while in the performance of their duties;

 

(8)               Report a false location over a two-way radio for purposes of gaining an unfair advantage in bidding to provide service;

 

(9)               Fail to engage the taximeter when the taxicab is in motion and a passenger is present, unless a method of computing the fare without use of the meter is expressly authorized by a provision of this chapter;

 

(10)           Solicit passengers in the city, or lay hands upon the person or baggage of any person without the express consent of that person, or obstruct the movement of any persons, or follow any person for the purpose of soliciting business. Display of a sign on the taxicab to indicate that it is not engaged shall not be considered solicitation;

 

(11)           Deceive any person as to destination, route, authorized taxicab rates, or fare;

 

(12)           Overcharge;

 

(13)           Take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger;

 

(14)           Drop a passenger at a location other than the location requested;

 

(15)           Refuse to convey an orderly passenger;

 

(16)           Report for another driver's order;

 

(17)           Fail to provide a receipt upon request;

 

(18)           Play a radio or tape player if a passenger requests that it be turned off;

 

(19)           Fail to operate the air conditioner when the heat index is 80 degrees or greater unless a passenger requests that it be turned off;

 

(20)           Engage in, or permit the use of a taxicab for, illegal gambling, prostitution, or trafficking in alcoholic beverages or controlled substances;

 

(21)           Be in possession of or consume any alcoholic beverage or controlled substance while on duty; consume any alcoholic beverage or controlled substance within four hours before beginning a shift;

 

(22)           Allow more passengers to occupy the vehicle than is provided for by its normal seating capacity, as indicated on the vehicle application. In no event shall more than two persons in addition to the driver be permitted in the front seat of such vehicle.

 


 

Sec. 76-210. Designation of taxicabs.

 

Each taxicab shall be equipped with a top light on the roof of the cab that shall be lighted when the cab is in service. Such light shall be visible from all directions. Each taxicab shall bear on the outside of each side, in letters not less than two inches or more than six inches in height, the name of the company or association under which the taxicab is being operated, the company or association fleet number, the business telephone number of the company or association and the taximeter rates as required in section 76-192(b)(1). Any other name, legend or design proposed for use on the taxicab shall be submitted to, and approved by, the director before being so used. Taxicabs owned by a person or company other than the holder of the vehicle permits under which such taxicabs operate must be designated by the identifying color scheme, legend or design approved by the director for the holder of the vehicle permits. The taxicab owner must notify the director of any change of company or association affiliation at the time of such change.

 

Sec. 76-211. Vehicles other than taxicabs not to bear taxicab designation.

 

(a)    It shall be unlawful for any vehicle, other than one operating pursuant to a taxicab vehicle permit, to display any sign, banner, label or other designation indicating or suggesting that such vehicle is a taxicab.

 

(b)   When any vehicle that has been operated as a taxicab is retired or removed from taxicab service, it shall be the duty of the person holding the vehicle permit under which such vehicle operated as a taxicab to immediately remove or otherwise completely obliterate all indications that such vehicle is or has been a taxicab.

 

Sec. 76-212. Age of vehicle.

 

(a)    No driver or vehicle permittee shall drive or cause to be driven any taxicab upon the streets of the city that is more than eight years old. For the purposes of this chapter, a taxicab will be considered to be eight years old on the thirty-first day of August of the eighth year following the manufacturer’s model year of the vehicle, regardless of the purchase date or date it was originally placed into service..

 

(b)   The director may grant a waiver of the eight year requirement if a vehicle permittee presents a vehicle more than eight years old for inspection and the director finds that the vehicle is in compliance with 76-213, that the mechanical condition is adequate, and that the vehicle is acceptable for taxicab service. The director may issue reasonable rules to assure that the vehicle's mechanical condition is adequate. The waiver must be renewed at each subsequent inspection.

 

Sec. 76-213. Cleanliness and mechanical condition of taxicabs.

 

Every taxicab operated on the streets of the city shall be maintained in clean and serviceable condition and in adequate repair. Every taxicab shall be substantially free from damage. The vehicle shall have no loose hanging metal, body molding or chrome stripping. The complete exhaust system shall be intact and in good working order. The taxicab shall not operate with large dents or major body damage, nor shall the taxicab operate with large areas of unpainted or rusted metal. Taxicabs shall have all required fenders, bumpers, doors, door handles, lights and air conditioner, all of which shall be in good working order. Every taxicab shall be equipped with brakes capable of stopping and holding the taxicab under all reasonable conditions, and shall have three doors in addition to the driver's door affording direct entrance and exit to and from the passenger compartment. The passenger compartment of each taxicab shall have an adequate light therein controlled by a switch in the passenger compartment. Failure to meet all above-listed requirements shall cause the taxicab to be found unfit or unsuited for public use, and such vehicle may be ordered off the streets of the city.

 

Sec. 76-214. Restriction on routes.

 

No owner or driver of a taxicab shall cause or permit such taxicab to be operated along routes in a manner similar to that of mass transportation vehicles operating along definite routes or between specific terminals. Any owner or driver who operates, or causes or permits to be operated, any taxicab persistently and repeatedly to and from, around, or in the vicinity of any airport, theater, railroad station, hotel or any other place of public gathering, or repeatedly along a street where there is a suitably located taxicab stand nearby, shall be deemed to be operating such taxicab along routes, and such operation is hereby specifically prohibited.

 

Sec. 76-215. Display of required information within the vehicle.

 

The required information to be displayed within the taxicab in full view of all passengers shall include the following:

 

(1)               The taxicab fleet number;

(2)               The driver's certificate;

 

(3)               The rate card;

 

(4)               The availability of a receipt;

 

(5)               Any notice required to refuse to accept a personal check or to provide more than $10.00 in change;

 

(6)               A Bill of Rights which shall be issued by the director.

 


 

Sec. 76-216. Wireless credit card readers required.

 

Holders of taxicab vehicle permits are required to assure each permitted taxicab vehicle is equipped with a functioning wireless credit card reader. Each holder of a taxicab vehicle permit must require the driver of the taxicab to use only a wireless credit card reader when processing credit card transactions. No taxicab driver shall refuse to accept a valid credit and/or debit cards.

 

Section 76-217.  Prohibited arrangements for passenger pickups.

 

(a)     No holder of a permit that has been issued under this article or their representative, including any driver or agent acting on behalf of a permit holder, shall enter into an exclusive or preferential right to pick up passengers or provide for-hire passenger service from any hotel, motel, casino, restaurant, liquor establishment, sporting venue or any other business establishment or public facility excluding not for profit organizations and governmental entities.

 

(b)   It shall be unlawful for any person to accept compensation in any form, either directly or indirectly, from any operator or driver of a vehicle for hire for the right to pick up passengers from any hotel, motel, casino, restaurant, liquor establishment, sporting venue or any other business establishment or public facility excluding not for profit organizations and governmental entities.

 

(c)    The holder of a permit that has been issued under this article or their representative, including any driver or agent acting on behalf of a permit holder, violating this provision will be subject to suspension of their permit up to twelve (12) months for the first violation and shall be subject to revocation of their permit for repeat violations in accordance with the provisions of this chapter.

 

(d)   If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to exclusive or preferential right to pick up passengers is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter.

 

(e)    This section of Chapter 76 will go into effect on November 1, 2015.

 

DIVISION 7. LIVERY VEHICLES, TRANSPORTATION

NETWORK VEHICLES AND SIGHTSEEING VEHICLES

 

Sec. 76-231. Vehicle permit.

 

(a)    A valid vehicle permit shall be displayed, in a manner prescribed by the director, in every livery, transportation network and sightseeing vehicle being operated on the streets of the city. Once technology and equipment is available, a digital display of the permit will be allowed.

 

(b)   Vehicle permits for the operation of livery, transportation network and sightseeing vehicles shall be issued annually and shall expire on December 31 of each year. Vehicle permits in good standing on the date of their expiration shall be eligible for renewal. Such vehicle permits shall be renewed unless it is shown that grounds exist for the revocation of the vehicle permit pursuant to section 76-141(b)(1)A or B.. No vehicle permit shall be issued or renewed under this section until the occupation license tax set forth in section 40-156 has been paid.

 

(c)    Applications for vehicle permits and the renewal thereof shall be made in form similar to that provided in section 76-76. Issuance or renewal of vehicle permits shall be granted or denied in the same manner as provided in section 76-74.

 

Sec. 76-232. Use of taximeter prohibited.

 

Livery, transportation network and sightseeing vehicles shall not be equipped with a taximeter.

 

Sec. 76-233. Condition of vehicles.

 

Every livery, transportation network and sightseeing vehicle shall always be kept in good mechanical and running condition and, if motorized, shall comply with the requirements set forth in 76-213. If a vehicle is not found to be in good mechanical and running condition by the director or his agents, the vehicle permit for its operation shall be suspended until the defects are corrected. For transportation network vehicles, the vehicles must be deactivated from the platform. Once the defects have been corrected, the vehicle will be inspected by the director or his agents and the inspection fee shall be $22.00. If the defects are not corrected after reasonable notice and opportunity, the vehicle permit shall be subject to revocation by the director. No vehicle permit shall be renewed for a livery, transportation network or sightseeing vehicle that is not in good mechanical and running condition.

 

Sec. 76-234. Signs on vehicles.

 

The name of the livery company may be permanently affixed or painted on the exterior of livery vehicles in letters not exceeding two inches in height. No other legend or wording shall be affixed to or painted on such vehicles, except for license plates and stickers. Any other sign or emblem to be placed or affixed on a livery or transportation network vehicle must be approved by the director prior to use. Once a sign or emblem has been approved, it shall be used on all vehicles at all times while any vehicle is being used to provide transportation services. Each livery vehicle, transportation network vehicle and sightseeing vehicle must provide information on how to contact the city to make a complaint.

 

Sec. 76-235. Driver's certificate.

 

No person shall operate or be in control of a livery vehicle, transportation network vehicle or sightseeing vehicle within the city limits unless he has on his person a valid driver's certificate issued by the director in accordance with the procedures and requirements set forth in division 3 of this article for driver's certificates. While operating a livery, transportation network or sightseeing vehicle, the driver need not display his driver’s certificate in the vehicle but must carry it on his person and display it to anyone upon request. Once technology and equipment is available, a digital display of the certificate will be allowed.

 

Sec. 76-236. Soliciting passengers; acceptance of passengers.

 

No person shall solicit passengers for transportation in a livery or transportation network vehicle on any public way or at any public airport or operate a livery or transportation network 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 or donation through the business office or transportation network service from which the vehicle is operated.

 

Sec. 76-237. Use of livery vehicle for sightseeing purposes.

 

A vehicle licensed as a livery vehicle may be used for sightseeing purposes.

 

Sec. 76-238. Prohibited acts.

 

No livery or transportation network driver shall:

 

(1)               Operate a livery or transportation network vehicle in violation of state or local traffic regulations, or in any event without proper regard for the traffic, surface, and width of the street or highway and the hazards at intersections and any other conditions then existing, nor in such a manner or condition as to endanger or to be likely to endanger the safety of passengers, pedestrians, vehicles or the persons and property of others;

 

(2)               Threaten, abuse, insult, provoke, interfere with, impede or obstruct any other licensed driver, any passenger, prospective passenger or any other person in connection with operations under this chapter;

 

(3)               Have in his or her possession a lighted cigarette, cigar, pipe, or light or smoke same while driving a livery or transportation network vehicle which is occupied by a passenger, unless such passenger shall have first granted such driver permission to do so;

 

(4)               Have in his or her possession while operating a livery or transportation network vehicle, any firearm or weapon;

 

(5)               Provide any payment to any doorman, bellhop, taxicab starter, bartender or any other person within the city, in return for the referral of passengers;

 

(6)               Knowingly and with intent to disrupt communication on a two-way radio system, manipulate a microphone switch or other jamming device;

 

(7)               Refuse to obey or to comply with any lawful order or direction of any police officer, traffic-control officer, meter monitor or duly appointed inspector of the department, or use profane language or otherwise interfere with such officials while in the performance of their duties;

 

(8)               Report a false location over a two-way radio for purposes of gaining an unfair advantage in bidding to provide service;

 

(9)               Solicit passengers in the city, or lay hands upon the person or baggage of any person without the express consent of that person, or obstruct the movement of any persons, or follow any person for the purpose of soliciting business;

 

(10)           Deceive any person as to destination, route, or fare;

 

(11)           Overcharge;

 

(12)           Drop a passenger at a location other than the location requested;

 

(13)           Refuse to convey an orderly passenger;

 

(14)           Report for another driver's order;

 

(15)           Fail to provide a receipt upon request;

 

(16)           Play a radio or tape player if a passenger requests that it be turned off;

 

(17)           Fail to operate the air conditioner when the heat index is 80 degrees or greater unless a passenger requests that it be turned off;

 

(18)           Engage in, or permit the use of a livery vehicle for, illegal gambling, prostitution, or trafficking in alcoholic beverages or controlled substances;

 

(19)           Be in possession of or consume any alcoholic beverage or controlled substance while on duty; consume any alcoholic beverage or controlled substance within four hours before beginning a shift;

 

(20)           Allow more passengers to occupy the vehicle than is provided for by its normal seating capacity, as indicated on the vehicle application. In no event shall more than two persons in addition to the driver be permitted in the front seat of such vehicle.

 

(21)           Willfully refuse, without cause, to accept a passenger for transportation from any area of trip origin to any area of trip destination within the city; or

 

(22)           Willfully refuse, without cause, to respond to a request for passenger service transmitted to such driver through the taxicab dispatch system.

 

(23)           Willfully refuse, without cause, to accept guide dogs used by a passenger requesting transportation.

 

(24)           A transportation network company shall not disclose a passenger’s personally identifiable information to a third party unless: the passenger consents, disclosure is required by a legal obligation, or disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a transportation network company shall be permitted to share a passenger’s name and/or telephone number with the transportation network company driver providing transportation network company services to such passenger in order to facilitate correct identification of the passenger by the transportation network company driver, or to facilitate communication between the passenger and the transportation network company driver.

 

Sec. 76-239. Fares.

 

(a) Sightseeing vehicles. Sightseeing vehicles shall be for hire at a charge or fare per passenger or per hour fixed by written agreement where the passenger is provided the rate in advance.

 

(b) Livery and transportation network vehicles. Livery and transportation network vehicles shall be for hire at a charge fixed by written agreement in advance which shall entitle the passenger contracting for livery or transportation network service to the exclusive use of the vehicle for the individual or group during the agreed term of the hiring or for transportation to the specified destination, whichever the case may be. The livery company or transportation network company must provide a passenger with the rate in advance of the ride. Within 24 hours of the conclusion of the trip, a driver shall give the passenger a legible receipt showing:

 

1.                  The rate,

 

2.                  Total fare,

 

3.                  How the fare was calculated,

 

4.                  The mileage,

 

5.                  The time,

 

6.                  The name and phone number of the company,

 

7.                  The name of the driver, and

 

8.                  The vehicle.

 

The receipt may be submitted to the passenger electronically if the passenger is in agreement.

 

(c) Filing; change of rates. Fares established for livery, transportation network and sightseeing vehicles shall be filed with the director at least 2 days before they shall become effective.. It shall be unlawful to charge any fare for livery, transportation network or sightseeing vehicle service other than the fares filed with the director in accordance with this subsection.

 

(d)   Transportation Network Companies shall provide the passenger with a photo of the driver, including the make and model of the vehicle and license plate number that will be picking up the passenger. Further, the Transportation Network Company will provide vehicles with GPS systems that will provide not only directions to the destination but will allow the transportation vehicle to be monitored as to its route.

 

Sec. 76-240. Trip and time records.

 

Each transportation network company or company operating a livery vehicle service or sightseeing tours shall maintain accurate records disclosing the number of trips per vehicle and the hours used. Such records shall be provided to the director upon request.

 

Sec. 76-241. Sightseeing vehicle operations.

 

All vehicle permit holders of animal-drawn sightseeing vehicles must abide by and comply with the following:

 

(1)               A sightseeing vehicle shall not cruise in search of patronage and shall not be used for point-to-point transportation of passengers or goods. All sightseeing vehicles shall be returned to their regular place or garage or point of origin of the regularly scheduled tour between hires.

 

(2)               The routes or areas of operation and hours thereof of nonmotorized sightseeing vehicles must be approved in advance by the director at least ten days prior to the proposed time and date of operation. All vehicle permits issued under this division may be used on all such routes or areas of operation, except that no more than 20 single-horse driven, nonmotorized sightseeing vehicles shall be authorized to operate on routes within the area bounded on 47th Street, Ward Parkway, Jefferson and Nichols Parkway, and except that no more than one horse-driven, nonmotorized sightseeing vehicle shall be authorized to operate on routes within the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152, or an area to be later determined and authorized by the city, which authority shall be granted by temporary vehicle permit .

 

(3)               Vehicle permit holders may operate no more than ten single-animal driven, nonmotorized sightseeing vehicles at any one time on authorized routes except that a vehicle permit holder within the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152 may operate only one horse driven nonmotarized sightseeing vehicle at any one time on authorized routes. Vehicle permit holders must obtain written authorization from the director to leave established routes on a trip-by-trip basis to accommodate special events. A written request, on a form provided by the department, must be filed with the director at least ten days prior to the event date. In addition to the ten single-animal vehicles allowed for operation under this section, each vehicle permit holder may be permitted to operate a team carriage requiring two or more animals to operate during ten, preapproved days of each city fiscal year. In addition to the ten single-animal vehicles allowed for operation under this section, each vehicle permit holder may be permitted to operate up to two team carriages requiring two animals to operate during the following dates: the Wednesday, Thursday, Friday, Saturday and Sunday of the Thanksgiving weekend, each Friday, Saturday and Sunday during the month of December; December 24, December 31, and the first Friday, Saturday and Sunday of the month of January.

 

(4)               Only employees of the vehicle permit holder shall be allowed to sit in the front seat of the vehicle. No one shall be allowed to ride in the area behind the certified siting area of each carriage.

 

(5)               A driver must maintain control of the horse or horses by securely holding the reins in his or her hand at all times while in operation.

 

(6)               Carriage horses shall not be in operation for more than six hours in any continuous 24-hour period and they shall be rested a minimum of 15 minutes for every two hours worked. Water must be made available at the staging area to each animal after every trip.

 

(7)               Horses shall not be worked when the temperature exceeds 95 degrees Fahrenheit or falls below five degrees Fahrenheit. Horses shall be blanketed when the temperature reaches 20 degrees Fahrenheit or less. The blankets used shall be of waterproof turnout type, of 1,000 denier cordura on the outer shell, quilted or fleeced and moisture absorbent on the inner shell.

 

(8)               Whenever any animal identified under provision of section 76-242(a) dies, its death must be reported in writing to the director within 48 hours. Vehicle permit holders shall make the necessary arrangements for an immediate autopsy, including histopathology, of the death animal and shall submit its results to the director.

 

(9)               Any accidents involving the animals or carriages shall be reported in writing to the director on a form provided by the department within ten hours of such accident. Any carriage involved in an accident shall be inspected and approved by the director before it can be placed in service again.

 

(10)           Every vehicle permit holder shall furnish the address and location of its stable to the director. The stabling of horses shall comply with all recommendations outlined in the Carriage Operators of North America Rules of Operation and the care provisions of the Animal Control Code of the city.

 

Sec. 76-242. Care of animals used for nonmotorized sightseeing vehicles.

 

(a)    Identification of animals. Before any animal is brought into service by a vehicle permit holder under this division, the vehicle permit holder shall assign a different number to each such animal which the vehicle permit holder intends to use, and shall affix the number assigned to each such animal by some appropriate method so that the number may not be easily removed or lost to ensure that the assigned number will remain on the animal to which it is assigned at all times as a positive means of identification which may be safely read at a distance of not less than three feet by a person with normal eyesight without touching the animal. Such number shall be used to identify each animal in all reports required by this section.

 

(b)   Examination of animals by veterinarian; certification of suitability. Before any animal is brought into service by the vehicle permit holder, the vehicle permit holder shall have it examined by a licensed veterinarian, to be commissioned by the city for such purposes, and who specializes in equine medicine. After the first examination every animal shall be held from service for 20 days. At the end of the 21-day holding period, the veterinarian shall conduct a second examination and shall certify in writing that the animal is suited for the use intended by the vehicle permit holder. Such certification shall identify the animal by the number provided for in subsection (a) of this section, by name and by physical description, and such certification shall specify the approximate hour of the day for and the specific minimum duration of mandatory rest periods, feeding and watering schedules and workload limits, stated in terms of adult passengers, for each type of carriage the animal will be required to pull, the permissible duration of the workday for each such animal stated in hours, and such other standards and requirements, taking into account such things as temperature extremes and terrain, as shall, in his or her professional judgment, be necessary to ensure the animal's well-being. For the purposes of this section, adult passengers shall include children, except infants carried by their parents, who shall not be counted for the purposes of calculating load limits. Each animal used by the vehicle permit holder shall be reexamined at least every three months by a licensed veterinarian specializing in equine medicine and approved for service in accordance with the standards established for that animal pursuant to this subsection, or in accordance with new standards as may be found necessary upon examination to ensure the animal's well-being. The autumn (pre-holiday season) and spring examinations shall be performed by a veterinarian to be commissioned by the city for such purposes. A copy of all such driver’s certificates, reports and approvals shall be filed with the director by the vehicle permit holder. All costs associated with the examination of animals as required in this subsection, including those performed by veterinarians commissioned by the city, shall be the exclusive responsibility of the respective vehicle permit holder.

 

(c)    Vehicle log. Before the vehicle permit holder shall place any carriage or other horse-drawn conveyance into service, the vehicle permit holder shall identify such vehicle with the initials of the vehicle permit holder's name, followed by a dash and a number which shall not be the same as is used on any other horse-drawn sightseeing vehicle of the vehicle permit holder, with such letters and numbers being similar in size to those used on motor vehicle license plates by the state. Such identification shall be placed on the rear of each such vehicle and shall be of a color which contrasts with the background to ensure legibility from a distance. The driver of each such horse-drawn sightseeing vehicle shall maintain a current log in and for each such vehicle, identifying the vehicle and the animals being driven, periods of work and rest, number of trips per work period, number of passengers on each trip, and duration of each trip, and the load limit set by the vehicle permit holder's veterinarian for such vehicle with the animal being used. This log shall be presented, on request at any time, to the director or the animal health and public safety supervisor, or their investigators or enforcement officers. The driver shall log each entry required on a basis concurrent with the event. The driver shall display in or on the vehicle, in plain view of the passengers, a sign clearly specifying the maximum load limit of the vehicle. The vehicle permit holder shall be responsible to see that the drivers comply with the requirements of this subsection.

 

(d)   Authority of enforcement officers. The director and the animal health and public safety supervisor and their investigators and enforcement officers shall have the right to inspect the records of the vehicle permit holder at all times. They shall also have the right to require the vehicle permit holder or any driver of a horse-drawn sightseeing vehicle to remove from service any animal which is ill, overtired, undernourished, overloaded, injured or lame, in the opinion of a licensed veterinarian who specializes in equine medicine, or in the opinion of any such investigator or enforcement officer when, in the opinion of such investigator or officer, such an emergency exists that the animal's life or health is threatened.

 

(e)    Violations.

 

(1)               It shall be unlawful for any person to violate or to fail, neglect or refuse to comply with any provision, regulation or requirement of this division.

 

(2)               A complaint may be initiated by filing a general ordinance summons in municipal court, based upon the director's own knowledge or information and belief; or upon a complaint signed by the witnessing complainant who shall be subpoenaed to testify.

 

(3)               In addition to other penalties provided in this Code, repeated violations of this section shall constitute evidence of the vehicle permit holder's inability to conduct business in accordance with the requirements of this article for purposes of revocation or renewal of vehicle permits required by this article.

 

(f)     Permitted animals. Certification of animals in accordance with subsection (b) of this section as being suited for the use intended by the vehicle permit holder shall be limited to animals weighing at least 1,000 pounds which are draft horse or draft crossbred-type animals. No stallions or pregnant mares may be used, except those already certified at the time of the passage of this division. Only those animals found by the veterinarian to have appropriate temperament for working with people and in traffic shall be certified.

 

Sec. 76-243. False or misleading information.

 

Any vehicle permit holder or transportation network driver, who knowingly makes any false or misleading statement in any document required by any section of this division, shall be guilty of an ordinance violation punishable by a fine of not less than $250.00 and not more than $1,000.00.

 


 

Sec. 76-244. Authority to prescribe additional rules.

 

The director is authorized to make and promulgate such further regulations necessary to carry out the provisions of this division or to further safeguard the health and humane treatment of any animal used to pull sightseeing vehicles.

 

Sec. 76-245. Insurance.

 

Notwithstanding any other provision in this chapter, all vehicle permit holders of animal drawn sightseeing vehicles shall maintain commercial general liability insurance in the minimum amount of $300,000.00 combined single limit. Evidence of insurance as required by this section shall be filed with the director.

 

Sec. 76-246. Penalties.

 

(a)    Any vehicle permit holder or transportation network driver found guilty of violating any of the provisions of this division shall be punished by a fine of no less than the minimum amount set out in the following schedule:

 

(1)               First offense .....$200.00

 

(2)               Second offense .....300.00

 

(3)               Third and subsequent offense .....1,000.00

(b)   Each day's violation of, or failure, refusal or neglect to comply with, any provision of this division shall constitute a separate and distinct offense.

 

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Approved as to form and legality:

 

 

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Kathy Adams

Assistant City Attorney