ORDINANCE
NO. 150314
Amending Chapter 76, Article II,
Taxicab Code, by repealing Sections 76-42, 76-75, 76-79, 76-102, 76-103,
76-104, 76-106, 76-116, 76-117, 76-162, 76-207, 76-239 and 76-240 and enacting in
lieu thereof new sections of like number and subject matter.
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section
1. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri,
is hereby amended by repealing Sections 76-42, 76-75, 76-79, 76-102,
76-103, 76-104, 76-106, 76-116, 76-117, 76-162, 76-207, 76-239 and 76-240 and enacting in lieu thereof
new sections of like numbers and subject matters, to read as follows:
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. In the case
of transportation network companies and transportation network company drivers,
any documentation beyond the permit or certificate shall be produced by the transportation network company or by the
transportation network driver.
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 $45,000.00. Every taxicab company that pays the $45,000.00 annual fee will
not be required to pay a fee for every taxicab vehicle permit issued on an
annual basis. Every taxicab company that chooses not to pay an annual fee of $45,000.00
shall pay $250.00 for every taxicab vehicle permit issued on an annual basis.
(2)
Every livery company or transportation network company shall
have the option of paying an annual fee of $45,000.00. Every livery company or
transportation network company that pays the $45,000.00 annual fee will not be
required to pay a fee for every vehicle permit issued on an annual basis.
Every livery company or transportation network company that chooses not to pay
an annual fee of $45,000.00 shall pay $250.00 for every vehicle permit issued
on an annual basis.
(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.
(5)
Vehicle permit fees shall be prorated on a monthly basis.
(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 six
months 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.
76-79. 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 to the permit holder information as needed to ensure all requirements
in Section 76-103 have been met. Information that a vehicle permit holder or
transportation network company permit holder may ask from a person to ensure
all requirements to receive a driver’s certificate under this chapter have been
met includes:
(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.
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.
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,
if information available, 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, if information available, 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 declaration of medical fitness, 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.
76-106. 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. A driver who has had
their application disapproved by the director will not be permitted to act as a
driver while awaiting a hearing.
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 comply with the Kansas City International Airport Police Division procedures
for qualification and issuance of an airport taxicab identification card.
Sec.
76-117. Drivers Orientation Program.
At the option of
the transportation network company or vehicle permit holder, a 30-day driver
orientation program may be implemented. Any driver orientation program
implemented prior to June 1, 2015 shall be allowed an initial term of 60-days.
The driver orientation program begins when a driver completes their first
trip. The transportation network company or vehicle permit holder shall
maintain a list of all drivers who have completed their first trip which shall
be submitted to the Director each Monday and Thursday. Such list will include
the following information: driver name; driver’s license number; confirmation
of: health check declaration, background check, personal vehicle registration,
insurance, and driver’s license being submitted; and the exact day of each
driver’s first trip and the end date of the orientation period. Within the
orientation period following the driver’s first trip, the driver must complete all
requirements of this chapter. If the application is not completed within the
orientation program time period, the transportation network company or vehicle
permit holder will suspend the driver from operating. A driver shall be allowed
to continue operating while the Director is making a determination on their
application.
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 required in RSMo § 379.203. All claims shall be referred to
the insurance company for handling by an authorized claims representative.
(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) Transportation network companies and transportation
network company drivers shall comply with the automobile liability requirements
of this section from the time a transportation network company driver indicates
that the transportation network company vehicle is available to accept a ride
request, but before the transportation network company driver is providing
transportation network company services, the transportation network company
shall maintain 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 transportation network company driver, 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 transportation
network company driver, 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 transportation network company driver, with a deductible, if any, not to
exceed $500.00. $50,000.00 for uninsured motorist coverage for passengers as
that coverage is required by RSMo § 379.203. The transportation network
company will name the City of Kansas City, Missouri an additional insured on
all insurance policies for any transportation network driver operating in the
City of Kansas City, Missouri.
A.
While a transportation network company driver is providing
transportation network company services, the transportation network company,
the transportation network company driver or some combination thereof, shall
maintain:
1.
Primary automobile liability insurance that recognizes the
transportation network company driver’s provision of transportation network
services.
2.
Automobile liability coverage with a combined single limit of
liability for injury or property damage for each accident of $1,000,000.00.
3.
Uninsured motorist coverage $50,000.00 for passengers as that
coverage is required by RSMO § 379.203.
B.
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 thirty days
prior thereto.
C.
A valid certificate of insurance issued by a company providing
the required insurance policy shall be on file with the director. 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 written or
digital proof of the insurance required by this Section 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,
including an eligible surplus lines insurer, 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 transportation network company driver, and pay to the claimant all
amounts which the insured becomes legally obligated to pay under the terms of
the policy, in excess of any applicable deductible. A certificate of insurance
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.
76-207. 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. This
requirement may be satisfied by either a GPS device or a smartphone map
application.
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 a means of contacting the company by email, phone,
text or through the transportation network company app,
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.
A provider covered under this ordinance may charge a fare for
the services provided to passengers; provided that, if a fare is collected from
a passenger, the provider shall disclose to the passengers the fare calculation
method on its website and within the software application service. The
provider shall also provide passengers with the applicable rates being charged
and the option to receive an estimated fare before the passenger enters the
vehicle.
If a provider utilizes dynamic pricing through its software
application to incentivize drivers in an effort to maximize the supply of
available vehicles on the network to match the demand for rides and increase
reliability, the software application must:
● provide clear and visible
indication that dynamic pricing is in effect prior to requesting a ride;
● include a feature that
requires riders to confirm that they understand that dynamic pricing will be
applied in order for the ride request to be completed; and
● provide a fare estimator that
enables the user to estimate the cost under dynamic pricing prior to requesting
the ride
(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. If the company labels this
information as “proprietary” the City must notify the company of any request
for such information within 24 hours.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant
City Attorney