ORDINANCE NO. BL2000-324

An ordinance to amend Title 2, Chapter 100 of the Metropolitan Code renaming the Taxicab and Wrecker Licensing Board to the Metropolitan Transportation Licensing Commission and setting-forth the authority of that Commission.

Whereas, there is a need for the Metropolitan Government to ensure the public health, safety and welfare through the regulation of all vehicles for hire; and

Whereas, the adoption, promulgation and enforcement of rules and regulations concerning the licensing and operation of vehicles for hire and of those providing such services will best ensure the public health, safety and welfare.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. Title 2, Chapter 100 of the Metropolitan Code is amended by substituting the words "Metropolitan Transportation Licensing Commission" for the words "Taxicab and Wrecker Licensing Board" wherever those words appear within that Chapter.

Section 2. Section 2.100.020 of the Metropolitan Code is amended by substituting the words "Commission Director" for the words "Metropolitan Clerk" within.

Section 3. Title 2, Chapter 100, Section 2.100.030 of the Metropolitan Code is amended by deleting that section in its entirety and substituting the following in its place:

2.100.030 Jurisdiction--Licensing and rulemaking authority.

The Metropolitan Transportation Licensing Commission shall have exclusive jurisdiction of the licensing and regulation of all vehicles for hire, including, but not limited to, taxicabs, wreckers, sedans, and limousines, and shall constitute the sole administrative agency for the administration of all laws and ordinances relating to the licensing and regulation of vehicles for hire. The Metropolitan Transportation Licensing Commission shall make such bylaws, rules and regulations not inconsistent with law as it deems appropriate for the conduct of its business, copies of which shall be filed with the secretary of the Commission and the metropolitan clerk.

A. There is imposed upon such Commission the authority, power and duty to adopt, promulgate and enforce such rules and regulations to carry out the provisions of Chapters 6.72 and 6.80 of this code, and such chapters concerning vehicles for hire as may be later enacted which the Commission deems necessary for the proper and safe operation of any business providing vehicle for hire services; provided, that such rules and regulations shall not conflict with any laws of the state, the Charter or any ordinance of the metropolitan government, nor shall such rules and regulations exceed the limits of authority granted to such Commission by Chapters 6.72 and 6.80 or any other chapter later enacted.

B. There is imposed upon such Commission the authority, power, and duty to license all persons who may engage in the activity or business of providing vehicle for hire service to the residents and visitors of the metropolitan government area and to require a permit for each vehicle for hire operated by a licensee and individual permits for each driver and/or driver helper of a taxicab, wrecker, limousine, sedan or other vehicle for hire.

C. The Commission shall fix and hold a public hearing with respect to the rules and regulations to be adopted by it as provided in subsection A of this section or any proposed amendments to such rules and regulations. Such rules and regulations or any amendments thereto shall be approved by the metropolitan department of law as to form and legality, and the same shall then be filed with the secretary of the Transportation Licensing Commission and with the metropolitan clerk. After such rules and regulations or any amendments thereto of the Commission have been so adopted in the manner herein provided, such rules and regulations shall have the force and effect of law.

Section 4. Title 2, Chapter 100 of the Metropolitan Code is amended by adding the following new section thereto:

2.100.045 Duties of the police department.

The metropolitan police department, in cooperation with the Transportation Licensing Commission inspectors, shall enforce all laws relating to the licensing and operation of taxicabs, wreckers, limousines, sedans and other vehicles for hire and drivers, and shall report all violations thereof and all accidents involving vehicles for hire to the inspectors.

Section 5. Title 2, Chapter 100, section 2.100.050 of the Metropolitan Code is amended by deleting that section in its entirety and by substituting the following in its place:

2.100.050 Transportation Inspectors.

The Metropolitan Transportation Licensing Commission, subject to the civil service provisions of the Charter, is hereby empowered to employ suitable persons as inspectors, their compensation to be fixed by the general pay plan of the metropolitan government. Such Commission shall prescribe the duties of such inspectors so as to enforce the applicable provisions of this chapter and Chapters 6.72 and 6.80 of this code and such other Chapters of this code relative to vehicles for hire as may later be enacted. Such Commission shall furnish the Civil Service Commission with information pertinent to the classification of inspectors and shall certify the minimum and maximum salary range payable to the persons performing such duties and, upon approval by the Civil Service Commission and the metropolitan council, the same shall become a part of the pay plan for the classified service.

Section 6. Title 2, Chapter 100 of the Metropolitan Code is amended by adding the following new section thereto:

2.100.055 Director.

The Metropolitan Transportation Licensing Commission, subject to the civil service provisions of the Charter, is hereby empowered to employ a director, his or her compensation to be fixed by the general pay plan of the metropolitan government. Such Commission shall prescribe the duties of such director so as to promulgate and enforce the applicable provisions of this chapter and Chapters 6.72 and 6.80 of this code and such other Chapters of this code relative to vehicles for hire as may later be enacted. Such Commission shall furnish the Civil Service Commission with information pertinent to the classification of the Transportation Licensing Commission director and shall certify the minimum and maximum salary range payable to the person performing such duties and, upon approval by the Civil Service Commission and the metropolitan council, the same shall become a part of the pay plan for the classified service.

Section 7. That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County and the people requiring it.

Sponsored by: Jim Shulman, Don Majors & Tony Derryberry

LEGISLATIVE HISTORY
Introduced:	June 20, 2000
Passed First Reading:	June 20, 2000
Referred to:	Budget & Finance Committee Public Safety Committee Transportation & Aviation Committee
Passed Second Reading:	July 18, 2000
Passed Third Reading:	August 1, 2000
Approved:	August 4, 2000
By: