More proposed revisions to local taxicab regulations

I am pretty sure many legislators slept through these discussions when Uber became a problem they simply didn't understand.

Sleepy? Antidote to insomnia provided at no charge. But sometimes, the devil is in the details. I am pretty sure many legislators slept through these discussions when Uber became a problem they simply didn't understand. Or maybe there was a fat campaign check paper-clipped to legislative suggestions. Hey, relax! That's totally legal. Regardless, I am thinking we should take advantage of our opportunity to be the tail that wags the dog and do this right.

I removed some stuff that I thought was unnecessary (you are probably thinking that would be all of it...) but every word of the code can be found here.

Sec. 37-31. Drivers' manifests.

(a) Every 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 amount of fare. All such completed manifests shall be returned to the owner by the driver at the conclusion of his hours of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the city manager.

(b) Every holder of a certificate shall retain and preserve all drivers' manifests in a safe place for at least one year and such manifests shall be subject to inspection by the city manager and by personnel of the division of police. (Tax Code 1959, § 31-19)

Last updated date: 10/23/2006 4:15:21 PM

Proposed revision:

Every driver shall maintain a record of all trips to include time, place of pickup, destination, and fare charged, and the manner of transaction (cash, bank card, electronic transfer). This information shall be retained for at least one year, and shall at any time be inspected by the city manager and/or personnel of the division of police.

Proposal to strike (f), unnecessary. Also proposed: create an application including online version.

Sec. 37-55. Application generally.

An application for a certificate shall be filed in duplicate with the city manager and shall be verified under oath and shall furnish the following information.

(a) The name, and address of the applicant and shall state that the applicant is at least twenty-one (21) y ears of age.

(b) The trade name under which the applicant does or proposes to do business.

(c) If the applicant is a corporation, the officers, directors and principal stockholders of the corporation.

(d) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments.

(e) The experience of the applicant in the transportation of passengers.

(f) [Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.]text-decoration: line-through;

(g) The number of vehicles desired to be operated by the applicant, the location of proposed depots and terminals, and the parking or garage facilities thereat.

(h) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant.

(i) Such further information required by the city manager and which may be relevant and pertinent to the matter of the issuance of a certificate.

(j) In the event two (2) or more persons, not operating as a corporation or partnership and who own or propose to own individually one or more taxicabs, associate together for the purpose of operating taxicabs under one trade name, each such person shall file an application for a certificate with the city manager and shall, in addition to the information required above, give the names and addresses of the other person or persons who are associating together to operate under such trade name, and the number of cabs to be operated by each such person. (Tax Code 1959, § 31-37; Ord. No. O-96-136, 5-14-96)

Last updated date: 10/23/2006 4:15:21 PM

Proposal: strike section 56 (unnecessary):

****Sec. 37-56. Public hearings on applications.

Within sixty (60) days after receipt of an application for a certificate, the city manager shall conduct a public hearing thereon, after giving at least fifteen (15) days' notice thereof, in writing, to the applicant and to holders of outstanding certificates. Such written notice shall be mailed to the applicant and to holders of outstanding certificates at the addresses as shown on the application and outstanding certificates. In addition to such written notice, due notice of such hearing shall be given to the general public by publishing, once each week for two (2) successive weeks immediately preceding the week in which the hearing will be held, in a daily newspaper published in the city, a notice of the time and place of such hearing. All applications filed within the sixty (60) day period and prior to the issuance of the notice fixing the date of such hearing shall be considered at the same time, together with the recommendations of the city manager relative thereto. Any interested person may appear in support of or in opposition to the application for a certificate. (Tax Code 1959, § 31-38)

Last updated date: 10/23/2006 4:15:21 PM

Proposal: strike section 58 (unnecessary):

Sec. 37-58. City manager's recommendations to council as to issuance or denial.

... (Tax Code 1959, § 31-40)

Last updated date: 10/23/2006 4:15:21 PM

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Proposal: strike section 59 (unnecessary):

Sec. 37-59. Factors considered in making findings.

...

Last updated date: 10/23/2006 4:15:21 PM

Proposal: Strike section 61 (driver should not be required to own vehicle):

**Comments: vehicle use by the owner during the duration of serviceability is a continually discussed issue. Most automobiles operate less than 5% of the time they are in service, dramatically increasing the number of required vehicles to serve the community's transportation needs, and dramatically increasing the cost of ownership. Reducing the number of needed vehicles, increasing the amount of work done by each vehicle during it's serviceable lifespan, and decreasing the cost of both vehicle ownership and personal transportation are all benefits of various forms of shared vehicular ownership and use. Striking section 61 would open the market to new, mutually beneficial business models. **

Sec. 37-61. To be granted only to owner.

No certificate shall be granted to any person unless he is the owner of the taxicab or taxicabs proposed to be operated pursuant to the certificate for which application is made. (Tax Code 1959, § 31-43)

Last updated date: 10/23/2006 4:15:21 PM

Proposal: Strike section 64 (beyond maintenance of driver qualification, vehicle certification and proper insurance coverage, no additional restrictions should be leveraged):

Sec. 37-64. Term; expiration for thirty-day failure to operate business.

...

Last updated date: 10/23/2006 4:15:21 PM

Taxicab Driver Requirements, Proposal:

As in Sec. 37-60:

• Current standard: twenty-one (21) years old. This is not a state requirement for taxicabs (it is for TNCs). Are 18 year-olds with clean record suitable drivers? Additional training or demonstration of more substantial experience without incident?
• No Title 4 (alcohol and drugs) convictions in the last five (5) years.
• No "serious" (define) misdemeanors or felony convictions in the last 5 years.

Consider additional stated requirements (discussion needed):

• As per city taxicab permit regulations, fingerprint card obtained a city jail on-file.
• Valid Drivers License (not expressly stated).
• No DUI conviction in last five (5) years. Discussion?
• No reckless driving convictions, excluding those strictly for speed in a non-residential setting (road having >35 mph posted speed limit).

Sec. 37-60. Applicants to whom city manager may not recommend issuance.

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The city manager shall not recommend the issuance of a certificate to any applicant for a certificate under the age of twenty-one (21) years, or who is not of good moral character or personally fit to conduct a taxicab business, or who shall have been convicted within five (5) years prior to the date of the hearing of violating any provision of Code of Virginia, Title 4, relating to transportation of liquors or relating to the sale, transportation, possession or distribution of any other controlled substance, or who shall have been convicted of a serious misdemeanor or felony within a period of five (5) years prior to the date of the hearing provided for in section 37-56. (Tax Code 1959, § 31-42; Ord. No. O-96-136 5-14-96)

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Last updated date: 10/23/2006 4:15:21 PM

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