BILL NO. BL2000-325

ORDINANCE NO. BL2000-325

An ordinance to amend Title 6, Chapter 72 of the Metropolitan Code of Laws concerning the licensing and regulation of taxicabs, taxicab companies, drivers and providing for penalties for violations.

Whereas, there is a need to ensure that the citizens and visitors to the Metropolitan Nashville and Davidson County area are provided safe, efficient, and courteous transportation services; and

Whereas, the public health, safety, and welfare may best be ensured through the licensure and regulation of taxicab drivers and those providing taxicab services; and

Whereas, it is deemed in the best interest of the Metropolitan Government to require taxicab drivers and those providing taxicab services to comply with the following requirements and to set forth penalties for the violation of taxicab regulations.

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

Section 1. Chapter 6.72 of the Metropolitan Code of Laws is amended by deleting the Chapter in its entirety and by substituting the following in place thereof:

Chapter 6.72 TAXICABS

6.72.010 Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them by this section:

(a) "Approved mechanic" means a mechanic on a list maintained by the Commission director. The list shall contain the name of each mechanic that has applied to the director for inclusion and who (a) has met all requirements of the National Institute for Automotive Service Excellence, (b) does not own, lease or drive a taxicab, (c) has no financial interest in any taxicab vehicle, company, or taximeter installation/repair service, and (d) is not employed by any taxicab or taximeter business.

(b) "Certificate" means a certificate of public convenience and necessity issued by the Metropolitan Transportation Licensing Commission, authorizing the holder thereof to conduct a taxicab business within the metropolitan government area.

(c) "Cruising" means the driving of a taxicab on the streets, alleys or public places of the metropolitan government area in search of or soliciting prospective passengers for hire.

(d) "Discontinued operations" means any cessation of business, including the operation of taxicabs, carrying of fares, dispatch of calls, receipt of requests for services by telephone, or other provision of services, for more than twenty-four continuous hours.

(e) "Driver's permit" means the permission granted by the Metropolitan Transportation Licensing Commission in accordance with Article II of this chapter authorizing a person to operate a taxicab upon the streets and roads of the metropolitan government area.

(f) "Holder" means a person to whom a certificate of public convenience and necessity has been issued.

(g) "Lease driver" means a taxicab driver who has leased a taxicab from a certificate holder or taxicab owner.

(h) "Manifest" means a daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers and the amount of fare of each trip.

(i) "Metropolitan Transportation Licensing Commission" means the administrative agency of the Metropolitan Government having exclusive jurisdiction of the licensing and regulation of all vehicles for hire as set forth in Chapter 2.100 of the Metropolitan Code of Laws.

(j) "Owner" means the person who holds the legal title of the taxicab.

(k) "Person" means any individual, partnership, corporation, association or public or private organization of any character."

(l) "Rate card" means a card issued by the Metropolitan Transportation Licensing Commission for display in each taxicab, which contains the rates of fare then in force.

(m) "Safety certificate" means a document from an approved mechanic certifying that a particular vehicle meets all vehicle safety standards set forth in this chapter and in regulations adopted pursuant in this chapter.

(n) "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, donation, gratuity or any other form of remuneration, having a seating capacity of less than nine persons and not operated on a fixed route.

(o) "Taxicab stand" means a place alongside a street, or elsewhere, where the Metropolitan Transportation Licensing Commission has authorized a holder of certificate of public convenience to park for picking up or discharging passengers.

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

(q) "Vehicle for hire" means any public conveyance operated to transport 14 or fewer passengers for compensation. Excluded from this definition are vehicles exclusively regulated by the state department of safety.

(r) "Waiting time" means the time when a taxicab is not in motion from the time of acceptance of a passenger to the time of discharge, but such term does not include any time that the taxicab is not in motion if due to any cause other than the request, acts or fault of a passenger.

Article I. Certificate of Public Convenience and Necessity

6.72.020 Required.

No person shall operate or permit a taxicab, as defined in Section 6.72.010, owned or controlled by him or her to operate upon the streets and roads in the area of the metropolitan government without having first obtained a certificate of public convenience and necessity from the Metropolitan Transportation Licensing Commission.

6.72.030 Application--Information and fees required.

A. An application for a certificate of public convenience and necessity shall be filed with the Metropolitan Transportation Licensing Commission upon forms provided by the Commission and upon the payment of a nonrefundable fee in an amount to be established by the Commission based upon the cost of processing the application.

B. Such application shall, at a minimum, require the following information:

1. The name and address of the applicant, which must be in the metropolitan government area;

2. Proof of United States citizenship or residency authorization by the United States Immigration and Naturalization Service;

3. The financial status of the applicant, including any judgments against the applicant, together with information regarding the amount of any such judgment and the nature of the transaction or acts giving rise to such judgments. This information shall be presented in a certified financial statement current within thirty (30) days of the date of application submission;

4. The experience of the applicant in the transportation of passengers;

5. Any facts and information, as listed in 6.72.060(B), which the applicant believes tends to prove that public convenience and necessity require the granting of the certificate;

6. The number of vehicles and their year models to be operated or controlled by the applicant and the location of proposed depots and terminals. A new applicant must have no fewer than twenty vehicles. An applicant for renewal must continually sustain no fewer than fifteen vehicles for renewal;

7. The color scheme and insignia to be used to designate the vehicles of the applicant;

8. Any commitment to deliver services in areas not currently adequately served or service improvements above the level of service generally available from taxicabs currently operating in the metropolitan government area;

9. Procedures for training drivers;

10. Rules and regulations governing driver appearance and conduct;

11. Such further information as the Metropolitan Transportation Licensing Commission may require.

C. An applicant for a certificate of public convenience and necessity will be ineligible for consideration if:

1. Any of the partners, officers or directors are under twenty-one (21) years of age and/or the taxicab business has no separate legal existence beyond a shareholder, owner, or partner who is under eighteen (18) years of age;

2. Any of the partners, officers or directors have been convicted of, forfeited a bond, or pleaded guilty or nolo contendere to a felony or offense involving a controlled substance, prostitution, assignation, obscenity, or any crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of application.

3. Any of the owners, partners, officers or directors have violated any portion of this chapter within five (5) years immediately preceding the date of application.

4. The application or any portion of the application is incomplete or contains incorrect or false information.

D. The Commission shall conduct hearings for the issuance of certificates of public convenience and necessity.

1. The Metropolitan Transportation Licensing Commission shall fix a time and place for a public hearing, to be held annually, to review applications for certificates of public convenience and necessity.

2. Notice of such hearing shall be given to each applicant and to all persons to whom certificates of public convenience and necessity have been previously issued. Due notice shall be given to the general public by posting a notice of such hearing in the morning edition of a newspaper of general circulation in the Metropolitan Government area for at least three days, but not more than five days prior to the public hearing.

3. Any person may file with the Metropolitan Transportation Licensing Commission a memorandum or letter in support of or opposition to the issuance of a certificate of public convenience and necessity.

4. The Metropolitan Transportation Licensing Commission may, in its discretion, call special meetings in addition to the annual meeting for the consideration of new certificates of public convenience and necessity.

5. There shall be a nonrefundable fee, in an amount to be established by the Commission based upon the cost of processing the application, charged for each request for certificates, payable at the time of application. An additional fee of seventy-five dollars shall be charged for the issuance of each approved permit associated with the certificate.

6. The notice provisions set forth in this section shall be followed when special meetings are called.

6.72.035 Annual Renewal.

All certificates of public convenience and necessity shall expire on August 31 of the year following the date on which the certificate was issued. All certificates may be renewed by the director for each successive year between August 1 and August 31 of each year. A renewal fee of seventy-five dollars for each approved permit to operate a taxicab shall be charged at the annual renewal of the certificate of public convenience and necessity. Failure to renew a certificate by August 31 shall result in forfeiture of the certificate.

6.72.040 Request for additional permits.

A. The Metropolitan Transportation Licensing Commission shall fix a time and place for a public hearing, to be held annually, to review applications from current certificate holders for additional taxicab permits.

B. Notice of such hearing shall be given to each applicant and to all persons to whom certificates of public convenience and necessity have been previously issued. Due notice shall be given to the general public by posting a notice of such hearing in the morning edition of a newspaper of daily circulation within the Metropolitan area at least three days, but not more than five days, prior to the public hearing.

C. Any person may file with the Metropolitan Transportation Licensing Commission a memorandum or letter in support of or in opposition to a request for additional taxicab permits.

D. The Metropolitan Transportation Licensing Commission may, in its discretion, call special meetings in addition to the annual meeting for the consideration of applications for new taxicab permits.

E. There shall be a nonrefundable fee, in an amount to be established by the Commission based upon the cost of processing the application, charged for each request for additional permits, payable at the time of application. An additional licensing fee of seventy-five dollars shall be charged for the issuance of each approved permit.

F. The notice provisions enumerated in this section shall be followed when special meetings are called.

6.72.050 Proof of financial responsibility required.

No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect proof of financial responsibility for each vehicle, in an amount that is in compliance with the greater of the minimum limits set by the law of the state of Tennessee for owners and operators of motor vehicles or the minimum amount as is established by the Commission. Such security shall inure to the benefit of any person who is injured or who sustains damage to property proximately caused by the negligence of a holder, his servants or his agents. Proof of financial responsibility shall be filed in the office of the Metropolitan Transportation Licensing Commission and shall have as a surety thereon a surety company authorized to do business in the state of Tennessee.

6.72.060 Findings--Issuance of certificate or additional permits.

A. If the Metropolitan Transportation Licensing Commission finds that further or additional taxicab service in the metropolitan government area is required by the public convenience and necessity and that the applicant is fit, willing and able to provide such public transportation and to conform to the provisions of this chapter and the rules promulgated by the Metropolitan Transportation Licensing Commission, the Metropolitan Transportation Licensing Commission may issue a certificate of public convenience and necessity, stating the name and address of the applicant, the number of vehicles authorized upon such certificate and the date of issuance.

B. In making the above findings, the Metropolitan Transportation Licensing Commission shall, at a minimum, take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need; the character, experience, financial condition and responsibility of the applicant, and such criteria as may be adopted by the Commission in its rules.

6.72.065 Commission notification.

Persons granted certificates of public convenience and necessity under this article shall not change the address, company name, officers, ownership, or otherwise make any material change in the company or its identity from that set forth upon the taxicab company’s original application without prior notification and approval to Commission staff. Any such proposed material changes shall be brought before the Commission for consideration prior to implementation.

6.72.070 Quarterly reporting and fees--Disposition of revenue.

A. Persons granted certificates of public convenience and necessity under this article shall keep the Metropolitan Transportation Licensing Commission advised, quarterly, of the cabs being insured and operated, and shall, quarterly, pay to the Metropolitan Transportation Licensing Commission a fee of forty five dollars for each of its cabs in operation, including those vehicles which as of the reporting date may be temporarily out of commission for repair, etc., as a condition precedent to the operation of such vehicle as a taxicab; and failure to comply herewith shall subject such person to the penalty provided in Section 1.01.030. The time to commence reporting quarterly and paying of the quarterly fee shall be established by rule and regulation of the Metropolitan Transportation Licensing Commission. Appropriate identification, in sticker form, shall be issued to the reporting companies for attachment to the vehicle upon which the required fee has been paid, evidencing compliance with this section. The sticker must be attached to the lower left side of the state license plate or such other place as the Commission may designate. Such stickers shall be identified with the vehicles to which they are issued and shall not be transferable. Failure to display the sticker shall place the taxicab in out-of-service status and may also be cited as a violation.

B. The Metropolitan Transportation Licensing Commission shall turn over to the Metropolitan Treasurer all funds derived from the payment specified, and the Metropolitan Treasurer shall keep a separate account thereof.

6.72.080 Transfers--Fee.

A. No certificate of public convenience and necessity may be sold, leased, assigned, mortgaged or otherwise transferred, nor may there be any modification of ownership as to stock, new or additional partners, etc., by a holder of a certificate of public convenience and necessity without the prior consent of the Metropolitan Transportation Licensing Commission. An application for a transfer shall be filed with the Metropolitan Transportation Licensing Commission upon forms provided by the metropolitan government and upon the payment of a nonrefundable fee, in an amount to be established by the Commission based upon the cost of processing the application by the transferee of a certificate or stock in a company holding a certificate, or any new partner in a business holding a certificate.

B. An applicant for the transfer of a certificate will be ineligible for consideration if:

2. Any of the owners, partners, officers or directors have been convicted of, or had a bond forfeited, or pleaded guilty or nolo contendere to a felony or any crime involving moral turpitude, as defined in TCA, 57-4-203(h)(2), or offense involving a controlled substance, prostitution, assignation, obscenity, or any crime of a sexual nature in any jurisdiction within the five (5) years immediately preceding the date of application.

3. Any of the owners, partners, officers or directors have violated any portion of this chapter within the five (5) years immediately preceding the date of application.

4. Any portion of the application is incomplete or contains incorrect or untruthful information.

C. Upon the filing of an application to transfer a certificate of public convenience and necessity, the Metropolitan Transportation Licensing Commission shall fix a time and place for a public hearing on the application.

6.72.090 Suspension and revocation.

A. A certificate of public convenience and necessity issued under the provisions of this article may be revoked or suspended by the Metropolitan Transportation Licensing Commission if the holder thereof has:

1. Violated any of the provisions of this chapter;

2. Discontinued operations for more than five days;

3. Has violated any provision of this code or other ordinances, laws or regulations of the metropolitan government or the laws of the United States or the state of Tennessee or any other state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.

4. Made a misrepresentation or false statement when applying for a certificate of public convenience and necessity, additional permits, or for the transfer of a certificate.

5. Fails to maintain fifteen or more vehicles in service for a period of more than five days.

B. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and the general basis for the proposed action and shall have an opportunity to be heard.

Article II. Drivers' Permits

6.72.100 Required.

A. All owners of vehicles for hire being operated as taxicabs are required to maintain a current driver's permit and/or owner's permit. The permit shall be applied for and issued in the manner provided by in this chapter and Chapter 2.100 of this code.

B. No person shall operate a taxicab for hire upon the streets and roads of the metropolitan government area, and no person who owns or controls a taxicab shall permit such vehicle to be so driven and no taxicab licensed by the metropolitan government shall be so driven at any time for hire, unless the driver of such taxicab shall first obtain and shall have then in force a taxicab driver's permit issued under the provisions of this article.

6.72.110 Application--Information and fees required.

A. An application for a taxicab driver's permit shall be filed with the Metropolitan Transportation Licensing Commission on forms provided by the Commission.

B. Such application shall at a minimum contain the following information:

1. The name, residential address, telephone number and date of birth of the applicant. No applicant under twenty one years of age will be accepted.

2. The names, addresses, telephone numbers, and signatures of four persons, at least one of whom is a resident of the metropolitan government area, who have known the applicant for a period of at least one year and who will provide information regarding the applicant as specified by the Commission;

3. The experience of the applicant in the transportation of passengers;

4. The educational background of the applicant;

5. A history of the applicant's employment;

6. The residential addresses of the applicant for the last five years;

C. The applicant shall sign the application form and certify, under oath, as to the truth and completeness of the responses provided. The applicant shall provide the following documents in addition to the application form in order to submit a complete application:

1. A valid Tennessee driver’s license with proof of a special chauffeur's license issued by the state (Class D license with an ‘F’ endorsement, TCA Chapter 7, Title 59).

2. If a resident alien, a current work permit or other valid United States Immigration and Naturalization Service documentation;

3. A current federal Department of Transportation (D.O.T.) medical card.

4. A current federal Department of Transportation (D.O.T.) drug and alcohol test result.

D. Each application shall be accompanied by an official driver record issued by the Tennessee Department of Safety, no more than thirty days previous to the date of application.

E. The applicant shall be ineligible to receive a permit if:

1. He or she has been convicted, pled guilty, or pled nolo contendre in the last five (5) years for any of the following offenses involving bodily injury or death and in the last three (3) years for any of the following offenses not involving injury or death:

a. Hit and run;

b. Driving under the influence of an alcoholic beverage or drug;

c. Reckless or careless driving.

2. For an initial permit, no more than three (3) moving violations within the last three (3) years and no more than two (2) moving violations in the last year will be allowed.

3. For renewal permit, no more than four (4) moving violations within the last three (3) years and no more than two (2) moving violations in the last year.

F. At the time the application is filed, the applicant shall pay to the Metropolitan Transportation Licensing Commission a fee of twenty dollars plus the cost of investigation.

6.72.130 Police investigation of applicant.

A. The police department shall conduct an investigation of each applicant for a taxicab driver's permit using all appropriate local, state, and federal databases and/or sources of information. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application and forwarded for the consideration of the Metropolitan Transportation Licensing Commission.

B. Any applicant shall, in addition to any disqualifications listed elsewhere in this chapter, be disqualified if:

1. He/she has been convicted, pled guilty, placed on diversion, probation or parole, or pleaded nolo contendere within a period of five years prior to the date of application for violation of any of the following criminal offenses under the laws of Tennessee, any other state or of the United States: homicide, rape, aggravated assault or battery, kidnapping, robbery, burglary, child molestation, any sex-related offense, leaving the scene of an accident, criminal solicitation, or criminal attempt to commit any of above, perjury or false swearing in making any statement under oath in connection with the application for a driver’s permit, or the felony possession, sale or distribution of narcotic drugs or controlled substances. If, at the time of application, the applicant is charged with any such offenses, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges.

2. He/she has been convicted of two or more felony offenses within the past ten years.

3. He/she has been convicted for a period of two years prior to the date of application of the violation of two or more sections of the Metropolitan Code or other ordinances governing the operation of vehicles for hire. If at the time of application the applicant is charged with any of the offenses listed in this section, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal or other final disposition of the charges.

6.72.135 Test required.

A. At the time of initial application for a driver permit each applicant shall submit to a test administered by the Metropolitan Transportation Licensing Commission staff. The test administered shall:

1. Measure applicant’s knowledge of the geography, street system, and location of major attractions of the metropolitan government area;

2. Measure applicant’s knowledge of the provisions of the taxicab ordinance relating to the conduct of taxicab drivers and the operation of a taxicab;

3. Measure applicant’s ability to read and speak the English language at a level necessary to interact with taxicab passengers;

4. Measure applicant’s ability to read and interpret local maps.

B. Any driver whose taxicab driver’s permit has lapsed for more than three years shall be required to retake the test.

C. The Commission may direct any currently permitted driver to re-take the test upon cause.

6.72.140 Application--Approval or disapproval.

A. The Metropolitan Transportation Licensing Commission or its staff, shall, upon the consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. The applicant must appear in person. Any applicant disapproved by the commission staff may request an appearance within (10) days, before the Commission for consideration of the application.

B. The licensing commission, or its staff, may issue a temporary permit prior to receiving the results of the police investigation. This temporary driver’s permit shall be limited to ninety days from issuance to expiration.

6.72.150 Issuance--Contents.

Upon approval of an application for a taxicab driver's permit, the Metropolitan Transportation Licensing Commission shall issue a permit to the applicant, which shall bear the name, driver’s license number, gender, race, height, weight, date of birth, and photograph of the applicant.

6.72.155 New application after denial.

Upon denial of an application for a taxicab driver’s permit, no new application may be submitted or considered for a period of three months.

6.72.160 Expiration--Issuance and replacement fee.

A. Each taxicab driver's permit shall be issued for a period of one year or any part thereof, with all permits issued pursuant to this chapter expiring on September 30th of each year.

B. A permit for the one-year period or any portion thereof shall be issued to qualified applicants upon the payment of twenty dollars plus the costs of investigation. If the permit for the preceding year has been revoked, no new permit shall be issued without prior Commission approval. Permits may be renewed by the director for each successive year between September 1 and September 30 of each year. A renewal fee of twenty dollars shall be charged for each permit issued. A ten-dollar fee shall be charged for all replacement or temporary taxicab driver permits. Such fees shall be in addition to the cost of any investigation.

6.72.165 Hospitality training program-- Participation required.

A. Every newly licensed limousine and/or sedan driver shall attend an approved hospitality training program within ninety (90) days of receiving a driver’s permit.

B. Every previously licensed limousine and/or sedan driver shall attend an approved ninety (90) minute hospitality training course or refresher course prior to applying for renewal of a driver’s permit each year.

C. Permits issued to new drivers shall expire after ninety (90) days from the date of their issuance unless the endorsement of the Commission Director or staff has been placed upon the permit certifying that the required training has been completed. Upon such expiration of a permit, the driver shall not operate any taxicab until such time as he or she has applied for and been issued a permit.

D. In the event a previously licensed driver fails to satisfactorily complete the required training prior to the expiration of his or her current permit, such driver may not apply for renewal of a permit but shall be treated as a new applicant.

6.72.170 Display of permit.

Every driver to whom a permit is issued under this article shall display his driver's permit in accordance with Commission rules while such driver is operating a taxicab.

6.72.175 Company affiliation.

Every driver granted a permit under this Article shall inform the Commission in writing of a change in company affiliation within one week of the change.

6.72.180 Suspension and revocation.

The Metropolitan Transportation Licensing Commission is authorized to suspend or revoke any driver's permit issued under this article upon a driver's failure or refusal to comply with the provisions of this chapter or the taxicab rules and regulations. However, a permit may not be revoked or suspended until the driver has received notice of the proposed action and the general bases for the proposed action and had an opportunity to present evidence in his behalf except as otherwise specifically provided herein. A driver whose permit is revoked may not reapply for a permit for ninety days and shall be treated as a new applicant.

6.72.185 Revocation of Tennessee driver’s license.

The taxicab driver’s permit of any driver whose Tennessee driver’s license, or a driver’s license issued by any other state, is suspended or revoked shall be invalid during any such period of suspension or revocation.

6.72.190 Compliance with provisions.

Every driver granted a permit under this article shall comply with all local, state and federal laws and regulations. Failure to do so shall constitute cause for the revocation or suspension of his or her permit.

Article III. Equipment and Operation

6.72.200 Vehicle to display company name, color scheme insignia and numbering--Restrictions.

A. Each taxicab shall bear on the outside of each front door, in painted letters not less than three inches in height, the name of the company and may, in addition, bear an identifying design which has been approved by the Metropolitan Transportation Licensing Commission.

B. No vehicle covered by the terms of this chapter shall be licensed which bears a color scheme, identifying design, monogram or insignia which, in the opinion of the Metropolitan Transportation Licensing Commission, conflicts with or imitates any color scheme, identifying design, monogram or insignia used by a vehicle or company in such manner as to be misleading or such that it tends to deceive or defraud the public.

C. If, after a certificate of public convenience and necessity has been issued for a taxicab under this chapter, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Metropolitan Transportation Licensing Commission, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such manner as to be misleading or such that it tends to deceive the public, the certificate of or certificate covering such taxicab shall be suspended or revoked.

D. Each taxicab shall bear on the rear and on each side, in painted numbers not less than three inches in height, an identifying serial number assigned by the Metropolitan Transportation Licensing Commission.

6.72.210 Liability insurance agreement.

A. All taxicab companies shall be required to file a copy of a liability insurance agreement with the Metropolitan Transportation Licensing Commission for each taxicab operated under their certificate in an amount set by the Commission.

B. These agreements shall place the vehicles operated under their certificate in the taxicab company's complete possession and control during all periods during which the vehicles is operated for hire, is available for hire, or is operated in furtherance of the certificate holder’s business. The certificate holder shall assume complete liability for each and every vehicle operated under its certificate during all periods during which the vehicle is operated for hire, is available for hire, or is operated in furtherance of the certificate holder’s business.

6.72.220 Duty to render service--Business requirements.

A. All persons engaged in the taxicab business within the area of the metropolitan government, under the provisions of this chapter shall render service in accordance with the Chapter to any member of the public desiring to use taxicabs.

B. Holders of certificates of public convenience and necessity shall maintain a fixed, central place of business within the metropolitan government area and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs.

C. Holders of certificates of public convenience and necessity shall answer all calls for services within the area of the metropolitan government within a reasonable time. If service cannot be rendered within a reasonable time, the holders of certificates shall then notify the prospective passengers of how long it will be before such call can be answered and give the reason therefore.

D. Any holder of certificates of public convenience and necessity who refuses to accept a call anywhere within the area of the metropolitan government at any time when such holder has available cabs, or who shall fail or refuse to give overall service, shall be deemed in violation of this chapter, and the certificate granted to such holder may be suspended or revoked at the discretion of the Metropolitan Transportation Licensing Commission.

6.72.230 Daily manifests.

A. Every taxicab driver shall maintain a daily manifest upon which is recorded all trips made each day, showing the time and place of origin and destination of each trip and the amount of fare and number of passengers. All such completed manifests shall be returned to the cab owner by the driver at the conclusion of his tour of duty each day. The forms for each manifest shall be furnished to the driver by the cab owner and shall be of a character approved by the Metropolitan Transportation Licensing Commission.

B. Every cab owner shall retain and preserve all drivers' manifests for the previous twelve months in a safe place, and such manifests shall be available to the Metropolitan Transportation Licensing Commission.

6.72.240 Inspection and maintenance of vehicles—Compliance required.

A. Prior to the use and operation of any vehicle under the provisions of this chapter, such vehicle shall be thoroughly examined and inspected by the metropolitan taxicab inspectors and found to comply with such rules and regulations as may be prescribed by the Metropolitan Transportation Licensing Commission. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Metropolitan Transportation Licensing Commission shall deem necessary. When a taxicab inspector finds that a vehicle has met all the standards established by the Metropolitan Transportation Licensing Commission, he shall inform the Commission and authorize operation of such vehicle.

B. Every vehicle operating under this chapter shall be periodically inspected by the taxicab inspectors at such intervals as shall be established by the Metropolitan Transportation Licensing Commission to ensure the continued maintenance of safe operating conditions. A certificate holder, owner or driver shall make a taxicab available for inspection at such place within the Metropolitan area as the inspector may direct. when ordered to do so by the director or inspector. If, upon inspection, the inspector determines that a taxicab is not in compliance with this chapter or the taxicab rules, the inspector shall, based upon the condition noted, order the taxicab be removed from service or that the vehicle be brought into compliance within a reasonable period of time and require it to be re-inspected.

C. Every vehicle operating under this chapter shall be kept in a clean and satisfactory condition according to rules and regulations promulgated by the Metropolitan Transportation Licensing Commission.

D. Every vehicle operating under this chapter shall annually undergo a detailed mechanical inspection conducted by an approved mechanic to determine if the vehicle conforms to the standards set out by the Metropolitan Transportation Licensing Commission. A safety certificate form, when completed by an approved mechanic, shall be provided to the Commission Director within thirty days of the inspection.

6.72.245 Vehicle age limit.

No vehicle operated as a taxicab shall be more than nine years old. By December 31 of each year, automobiles of a model year ten years prior to that year must be taken out of service or replaced. The Commission shall establish, by its rules, a procedure by which an affected vehicle owner may seek a waiver under this rule. The Commission may also, by rule, provide for a waiver of this rule for classic automobiles and provide for a definition for ‘classic automobile’.

6.72.250 Rate schedule and card.

A. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than the rates set below:

1. There is established maximum and minimum rates to be charged for taxicab service. The maximum charge for activating the meter shall be no greater than three dollars and the minimum charge shall be no less than two dollars. A minimum charge for transporting a fare from the metropolitan airport to any destination shall be two dollars and seventy cents. A minimum charge for transporting a fare outside the Briley Parkway/White Bridge Road/Woodmont Avenue/Thompson Lane Circle out to the Davidson County line area shall be two dollars and seventy cents. The maximum charge for each mile thereafter shall be no greater than one dollar and sixty cents through December 31, 2000; no greater than one dollar and seventy cents through December 31, 2001; no greater than one dollar and eighty cents through December 31, 2002; no greater than one dollar and ninety cents through December 31, 2003; and no greater than two dollars thereafter. The minimum charge for each one-fifteenth of a mile shall be no less than ten cents.

2. There will be an additional charge for waiting time, which shall be thirty cents for each one minute of waiting. Waiting time shall be charged only for stops or delays caused or requested by the passenger(s) and shall not apply to stops or delays due to any other cause.

B. The Metropolitan Transportation Licensing Commission shall furnish rate cards to the holders of certificates of public convenience and necessity. The rate cards shall be displayed conspicuously in the rear compartment or interior of the vehicle in such a position that it can be read easily by the occupants of the vehicle. Failure to display the rate card in a conspicuous manner shall be grounds for revocation or suspension of the permit for operation of the taxicab in which the rate card was not properly displayed.

C. The Metropolitan Transportation Licensing Commission may authorize a surcharge for special events in accordance with Commission rules.

D. The Metropolitan Transportation Licensing Commission may authorize flat fares between specific destinations in accordance with Commission rules.

6.72.260 Rate changes--Display in vehicle.

Each taxicab company shall be required to file with the Metropolitan Transportation Licensing Commission a list of their rates thirty days prior to any change and there shall not be more than one rate charged by any one taxicab, with the exception of a senior citizen or handicapped discount or as provided in Section 6.72.450 of this code. The rate charged by each taxicab shall be the same as that on file with the Metropolitan Transportation Licensing Commission and shall be posted conspicuously within the taxicab.

6.72.265 Taximeters.

A. All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night. After sundown, the face of the taximeter shall be illuminated. Such taximeters shall be operated mechanically by a device of standard design and construction, operated either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Each taximeter shall denote when the vehicle is employed and when it is not employed. It shall be the duty of the driver to activate such taximeter into a recording position at the beginning of each trip and to deactivate such taximeter into a non-recording position at the termination of each trip.

B. Taximeters shall be subject to inspection by the taxicab inspectors. Any inspector is authorized, either on complaint of any person or without such complaint, to inspect any meter, and upon discovery of any inaccuracy, to notify the person operating such taxicab to cease operation. Such taxicab shall be kept off the highways until the taximeter is repaired and in required working condition to the satisfaction of the inspector.

C. Taximeters shall be inspected, tested and sealed at least once every year by a taximeter company approved by the Metropolitan Transportation Licensing Commission. The Commission shall establish rules setting forth the criteria by which taximeter companies may apply for approval..

6.72.270 Receipts.

The driver of any taxicab shall, upon request by the passenger, provide a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt, on which shall be the name of the taxicab company, taxicab number and driver name, the amount of meter reading or charges, the points of trip origin and final destination, and the date of transaction.

6.72.280 Operating records and reports.

A. Every holder of a certificate of public convenience and necessity shall keep accurate records of receipts of operation, operating and other expenses, expenditures and such other operating information as may be required by the Metropolitan Transportation Licensing Commission. Every such holder shall, for a period of twelve months, or such period as may otherwise be set by the Commission, maintain the records containing such information and other information required by this chapter at a place readily accessible for examination by the Metropolitan Transportation Licensing Commission.

B. Every holder of a certificate of public convenience and necessity shall keep accurate daily records of the drivers and vehicles on duty, including the times in and out of service. The forms utilized shall include information required by the Metropolitan Transportation Licensing Commission.

6.72.290 Accidents.

A. All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person on or in damage to any vehicle, or to any property in an amount exceeding the sum of four hundred dollars ($400) shall be reported within seventy-two hours from the time of occurrence to the Metropolitan Transportation Licensing Commission on a form to be furnished by the Commission. Any taxicab damaged in an accident may not be returned to service until an approved safety inspection under the provision of Section 6.72.240 has been completed by a taxicab inspector.

B. A taxicab driver operating a taxicab at the time of an accident involving bodily injury or death is required to report for a drug screen, within twenty-four hours from the time of occurrence, at a testing site designated by the Metropolitan Transportation Licensing Commission. Failure to report for such a screen may result in revocation of the taxicab driver’s permit.

C. A taxicab damaged in an accident, but still operable without placing the driver or passengers at risk, must be repaired within two weeks of the accident or removed from operation until repaired.

6.72.300 Taxicab stands--Prohibited vehicles.

Private vehicles, taxicabs not in service or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as taxicab stands.

6.72.310 Taxicab stands--Established--Regulations.

A. The Metropolitan Transportation Licensing Commission is authorized and empowered to and shall establish taxicab stands upon the streets of the metropolitan government in such places as, in its discretion, it deems proper. The Commission is further authorized to eliminate any taxicab stands now in use or later established. The Traffic and Parking Commission shall make an investigation of the traffic conditions at such places and shall thereafter file their written recommendations with the Metropolitan Transportation Licensing Commission.

B. Public or Open Stands. Any taxicab stand established in accordance with subsection A of this section shall be a public or open stand available to all licensed taxicabs. A passenger has the right to select a cab of his choice or preference at any such stand.

C. Prohibited Conduct. It is unlawful for any person to obstruct or interfere with the free use and enjoyment of any public or open taxicab stand by any licensed taxicab.

6.72.320 Passengers--Maximum number.

No driver or certificate holder shall permit more persons to be carried in a taxicab as passengers than the manufacturer’s rated seating capacity of the taxicab.

6.72.330 Passengers—Additional passengers permitted when--Charges.

A. No taxicab driver shall permit any other person, except as otherwise provided in this chapter, to occupy or ride in such taxicab unless the person first employing the taxicab shall consent to the acceptance of additional passengers.

B. A charge for additional passengers, not to exceed one dollar per passenger, when such passengers are accompanying the original passenger and proceeding to the same destination, may be collected. If an additional passenger rides beyond the original passenger's destination, he or she shall be charged only for the additional distance so traveled.

6.72.340 Passengers--Receiving and discharging by drivers.

Drivers of taxicabs shall not receive or discharge passengers upon the roadway, but shall pull to the extreme right-hand side of the road or to the sidewalk and there receive or discharge passengers, except upon one-way streets where passengers may be discharged at either side of the roadway in the absence of a sidewalk. Nothing in this section shall be construed to permit the parking of a vehicle at any place where parking is otherwise restricted or prohibited.

6.72.350 Passengers--Refusal to pay legal fare.

It is unlawful for any person to refuse to pay the legal fare of any for the services mentioned in this chapter after having hired the same, and it is unlawful for any person to hire any such vehicle with intent to defraud the person hired of the value of such service. A taxicab driver shall have the right to demand payment in advance for a fare projected to be twenty dollars or more and may refuse employment unless so paid.

6.72.360 Refusal to carry orderly passengers.

No taxicab driver may refuse or neglect to convey any orderly person or persons, upon request, unless currently employed or unless the taxicab driver has reason to believe that the person is engaged in a violation of federal, state or local laws or has reasonable basis to fear injury to him or herself.

6.72.365 Disposition of disorderly passengers.

Drivers shall act in a reasonable manner in dealing with disorderly passengers.

6.72.370 Soliciting passengers.

No taxicab driver shall solicit passengers for a taxicab, except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent to the curb. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon the public streets; except that, when reasonably necessary, a driver may be absent from his taxicab for not more than ten consecutive minutes; provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle.

6.72.390 Soliciting business.

No driver of a taxicab shall offer any compensation of whatever form to any person or entity in exchange for the direction or recommendation of passengers to that driver’s taxicab.

6.72.400 Prohibited manner of soliciting.

No taxicab driver shall solicit patronage in a loud or annoying tone of voice or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.

6.72.405 Map Requirement.

All taxicabs operated under the authority of this chapter shall carry a current map of Metropolitan Nashville and Davidson County in a place immediately accessible to the driver.

6.72.410 Toplight required.

All taxicabs operated under the authority of this chapter shall be equipped with a toplight of standard design and construction on the roof of the vehicle, visible to potential passengers at all times of day and night. Each toplight shall be illuminated when a taxicab is available for hire, and turned off when a taxicab is in service. It shall be the duty of the driver to activate such toplight at the beginning of each trip and to deactivate such toplight at the termination of each trip.

6.72.415 Driver appearance.

A. Every taxicab driver, while on duty, shall keep a clean and well-groomed appearance, and shall be dressed in compliance with those rules adopted by the Commission.

B. The rules of the Commission shall, at a minimum, prohibit the following articles when worn as outer garments: T-shirts, undergarments, tank tops, swimwear, jogging suits, body shirts, shorts, cut-off pants, trunks, sandals, clogs and other similar attire. Offensive words or symbols on clothing are also prohibited.

6.72.420 Advertising on vehicles.

Subject to the rules and regulations of the Metropolitan Transportation Licensing Commission, it shall be lawful for any person owning or operating a taxicab or other motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. Bumper stickers are prohibited.

6.72.425 Vehicle Safety Devices.

Subject to the rules and regulations of the Metropolitan Transportation Licensing Commission, it shall be lawful for any person owning or operating a taxicab or motor vehicle for hire to permit safety devices, including shields, alarms, cameras, and cash boxes to be affixed to or installed in or on such taxicabs or motor vehicles for hire.

6.72.430 Prohibited acts by driver.

A. No taxicab driver shall engage in illegally selling intoxicating liquors or controlled substances, or soliciting business from any house of ill repute or use his or her vehicle for any purpose other than the transporting of paying passengers.

B. No taxicab driver shall engage in abusive language or conduct, including, but not limited to, cursing, verbal insults or derogatory comments in the presence of passengers.

C. While on duty, no taxicab driver shall be under the influence or engaged in the consumption of any intoxicant, including, but not limited, to alcoholic beverages.

D. No taxicab driver shall work more than sixteen (16) driving hours in the aggregate during any twenty-four (24) hour period, and such driver shall not begin to drive unless he or she has had at least eight (8) consecutive hours of rest immediately prior to doing so. The certificate holder is responsible, in conjunction with the driver, to ensure compliance with this requirement.

E. No taxicab driver shall drive any other than the shortest and most direct route in transporting a passenger from the point of pick-up to the point of destination, unless otherwise requested by the passenger.

F. No driver shall fail to comply with all state, local and federal laws.

6.72.440 Inspectors to observe conduct--Reporting or citing violations.

The taxicab inspectors of the metropolitan government are authorized and shall observe and evaluate the conduct of holders of certificates of public convenience and necessity and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the inspector shall either report the same to the Metropolitan Transportation Licensing Commission, which shall or take appropriate action, or issue a citation as authorized under 6.72.500.

6.72.450 Contract rates.

Nothing contained herein shall prevent a holder of a certificate of public convenience and necessity from making a contractual agreement with a company, agency, or organization to furnish transportation for employees, associates, clients, customers or members at a rate that is based on mileage, number of passengers, number of service hours, number of trips, number of passenger hours, weekly or monthly fees, or any other reasonable and calculable basis, irrespective of the mileage charges, minimum charges, and waiting charges contained in this chapter or the certificate holder’s filed rates for ordinary radio-dispatch, taxicab stand, personal call or hailed service. Such a contractual agreement that provides for rates that differ from the rates ordinarily charged by the taxicab operator must be recorded upon a written document that is legally executed by all parties and kept on file at the certificate holder’s place of business subject to inspection at any reasonable time by the Metropolitan Transportation Licensing Commission.

Article IV. Violations—Civil Penalty Schedules

6.72.500 Violation—Penalties.

A. For any person or persons electing to plead guilty and pay a civil penalty for the violation of the following sections, subsections, or for violation of any section not otherwise specifically addressed within this section, prior to the court date, the civil penalty for the conviction of a first violation of such section or subsection within a twelve-month period shall be twenty-five dollars, and the civil penalty for the conviction of a second violation within twelve months shall be fifty dollars. The penalty for the conviction of a third violation within twelve months shall be set by the court in accordance with Section 1.01.030 of the Metropolitan Code of Laws:

Section 6.72.070 Taxicab sticker—Required;
Section 6.72.100 Driver’s permit—Required;
Section 6.72.170 Display of driver’s permit;
Section 6.72.175 Company affiliation;
Section 6.72.185 Revocation of Tennessee driver’s license;
Section 6.72.240 Inspection and maintenance of vehicles – Required;
Section 6.72.250 Rate schedule card displayed—Required;
Section 6.72.260 Rate changes—Display in vehicle—Required;
Section 6.72.270 Receipts upon request—Required;
Section 6.72.290 Accident reports—required;
Section 6.72.365 Disposition of disorderly passengers;
Section 6.72.405 Map requirement;
Section 6.72.410 Toplight required;
Section 6.72.415 Driver appearance requirements;
Section 6.72.420 Advertising on vehicles--bumper stickers prohibited.

B. The civil penalty for violation of any of the following sections or subsections shall be set by the court in an amount not to exceed five hundred dollars:

Section 6.72.020 Required (Certificate of Public Convenience and Necessity);
Section 6.72.050 Proof of financial responsibility required;
Section 6.72.200 Company name and vehicle number-required;
Section 6.72.210 Liability insurance – required;
Section 6.72.220 Duty to render service – required when;
Section 6.72.230 Daily manifests – required;
Section 6.72-245 Vehicle age limit;
Section 6.72.265 Taximeters – operation and annual inspection –required;
Section 6.72.280 Operating records and receipts maintained – required;
Section 6.72.300 Taxicab stands – prohibited vehicles;
Section 6.72.310 Taxicab stands – prohibited conduct;
Section 6.72.320 Exceeding vehicle passenger capacity;
Section 6.72.340 Improper receipt or discharge of passengers;
Section 6.72.360 Refusal to carry orderly passengers;
Section 6.72.370 Soliciting passengers;
Section 6.72.390 Soliciting business;
Section 6.72.400 Prohibited manner of soliciting;
Section 6.72.430 Prohibited acts by driver.

C. The court may use the aforementioned schedule as a guide in setting penalties in accordance with Section 1.01.030 for any person or persons who appear to contest any violation of this chapter of the code.

Section 2. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	June 20, 2000
Passed First Reading:	June 20, 2000
Referred to:	Budget & Finance Committee Public Safety Committee Transportation & Aviation Committee
Deferred:	July 18, 2000
Amended:	August 1, 2000
Passed Second Reading:	August 1, 2000
Passed Third Reading:	August 15, 2000
Approved:	August 18, 2000
By: