ORDINANCE NO. BL2011-956

An Ordinance amending Chapter 6.74 of the Metropolitan Code relating to operation regulations, vehicle regulations, dispatching regulations, vehicle title regulations, and fare charge amounts for passenger vehicles for hire other than taxicabs.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 6.74.010 of the Metropolitan Code is hereby amended by deleting the following sentence from the definition of “Call or demand”:

“No passenger vehicle for hire, other than a taxicab, may be operated on call or demand.”

Section 2. That Section 6.74.010 of the Metropolitan Code is hereby amended by deleting the following sentence from the definition of “Cruising”:

“No passenger vehicle for hire, other than a taxicab, may engage in cruising.”

Section 3. That Section 6.74.010 of the Metropolitan Code is hereby amended by deleting the following sentence from the definition of “Pre-arrangement”:

“Such registration must have been made by contacting the passenger vehicle for hire service before the vehicle for hire was dispatched to render the transportation service or any service ancillary to the transportation, such as loading luggage.”

Section 4. That Section 6.74.025 of the Metropolitan Code is hereby amended by deleting the following provisions from subsection D.1.c.:

“The fare charged per hour or for flat rate transportation between specific points shall be a minimum of forty-five dollars inclusive of any and all discounts and exclusive of gratuities or other or other added rates, fees or charges. The only exception to this minimum charge shall be fully “comped,” or free trips, provided solely at the expense of the livery service.”

Section 5. That Section 6.74.205 of the Metropolitan Code is hereby amended by deleting the provisions in the section and substituting the following new provisions:

“All vehicles permitted under this chapter must be registered to a certificate holder, except as authorized for special temporary service. This section does not prohibit the use of a leased livery vehicle as a vehicle for hire, provided the leased vehicle is properly permitted. This section does not restrict the use of a properly permitted livery vehicle by a permitted driver or certificate holder, even though the driver or certificate holder may not be the registered user of the vehicle. For any other purpose, the use of rental vehicles as passenger vehicles for hire is prohibited.”

Section 6. That Section 6.74.230 of the Metropolitan Code is hereby amended by deleting the section in its entirety and substituting in lieu thereof the following new section:

“6.74.230 – Mileage limit.

A. Effective January 1, 2012 no vehicle to be operated as a passenger vehicle for hire may exceed the following maximum allowable mileage limits:

1. No limousine may have more than three hundred fifty thousand (350,000) miles on the odometer;

2. No sedan or SUV may have more than three hundred fifty thousand (350,000) miles on the odometer;

3. No passenger van or other passenger vehicle may have more than three hundred fifty thousand (350,000) miles on the odometer;

B. The commission shall establish by its rules a procedure by which an affected holder may seek a waiver under this section.

Section 7. That Section 6.74.320 of the Metropolitan Code is hereby amended by deleting the provisions of the section in their entirety and substituting in lieu thereof the following new provisions:

A. Livery services and any other passenger vehicle for hire services restricted to pre-arranged services must present contracts (trip tickets) for transportation services. Passenger vehicles for hire services operating by pre-arrangement shall obtain written or electronic contracts (trip tickets) for services in advance of the scheduled pickup time. These contracts must include all of the following:

1. Date and time passenger is to be picked up. If the contract is for service originating at the airport, this will include the airline name, flight number, and the scheduled date and time of arrival;

2. Point of origin; and

3. Name of certificate holder to provide the service.

B. The driver of a passenger vehicle for hire limited to pre-arrangement must be able to provide documented proof of such pre-arrangement prior to picking up any passenger.

C. Every certificate holder shall retain and preserve all pre-arrangement contracts in a safe place for at least twelve months.

D. No driver of a livery service or other passenger vehicle for hire service restricted to pre-arranged services shall:

1. Operate a livery vehicle upon the property of any airport except for the purpose of discharging passengers whose trips originated elsewhere or for the purpose of rendering pre-arranged service to deplaning passengers;

2. Park or stand a livery vehicle upon airport property except for the purpose of loading or unloading passengers in accordance with a pre-arrangement contract executed under this section.

3. Remain upon airport property unless the vehicle has permanently affixed a vehicle identification tag in accordance with policies and procedures promulgated by the airport authority.

Section 8. That Section 6.74.370 of the Metropolitan Code is hereby amended by deleting the following provisions from the section and substituting in lieu thereof the word “A”:

“Livery services and any other passenger vehicle for hire services restricted to pre-arranged services shall be dispatched and operate only from the place of business approved in the certificate or public convenience and necessity. The”

Section 9. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sean McGuire