William S. is the Road Hammer. We had a chat recently, and I learned a bit about the business of driving a taxicab, insofar as rules and regulations govern the undertaking.
If you want a experienced driver with a proper license and insurance, and is permitted to operate in Southern Indiana call me: Road Hammer. My background includes:
- Licensed by the city of New Albany to operate in Southern Indiana.
- Class A CDL, and have traveled all 48 states.
- Driving a cab off and on for years serving Southern Indiana.
- Former safety supervisor with company no longer in the cab business.
- Trained emergency vehicle operator.
- Former trained bodyguard and emergency medical tech.
If you need an experienced and trained driver for your local and long distance transportation, I hope you give me a chance.
Road Hammer
These strike me as excellent qualifications to drive a taxicab.
Until we talked, it hadn’t occurred to me to consider the notion of New Albany taxicab legality versus illegality in the era of Uber and Lyft — and yes, I’m fully aware of the sharing economy (we adore Airbnb) and those arguments on both “sides” of the issue.
A “common-sense solution to the Uber vs. taxi wars” can be viewed here, and yet it remains that in New Albany, we’ve been talking about ordinance enforcement for as long as mayors have refused to undertake it fairly and uniformly.
Below is New Albany’s lengthy, exhaustive taxicab ordinance, verbatim. What do these rules mean in the context of the ride sharing economy?
Thanks to the Road Hammer for asking the question. The answer is anyone’s guess, so perhaps it’s time for a city council conversation?
CHAPTER 119: TAXICABS
Section
General Provisions
119.01 Definitions
119.02 Compliance with taxicab operation license regulations required
119.03 Taxicab operation license required; application
119.04 Taxicab operation license fee
119.05 Issuance of license
119.06 Insurance required
119.07 Reserved
119.08 Taxicabs to have identifying signs
119.09 Taxicab drivers
119.10 Reserved
119.11 Revocation of license; hearing
119.12 Inspections
119.13 Rates
Taxicab Drivers
119.25 Taxicab driver’s license required
119.26 Taxicab driver’s license application
119.27 Refusal to issue; revocation
119.28 Conditional license
119.29 Employment of unlicensed taxicab drivers prohibited
119.99 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TAXICAB. A motor vehicle that:
(1) Is designed and constructed to accommodate and transport not more than six passengers in addition to the driver;
(2) Does not operate over any definite and designated routes within the corporate boundaries of a city or town and the suburban territory of a city or town; and
(3) Transports passengers to the destination designated by the passengers at the time of their transportation.
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011)
No person or persons, firm or corporation shall drive, run or operate any taxicab upon or along any street or other highway within the city’s corporate limits, except in accordance with regulations, terms and conditions established by this chapter. Any person or persons, firm or corporation found to be in violation of the requirements of this chapter shall be subject to the penalties provided in § 119.99(A).
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
(A) Any person or persons, firm or corporation desiring to operate a taxicab or taxicab service upon or along the streets or other highways within the city, shall, before undertaking to do so, file a signed application form in writing for a taxicab operation license, duly sworn to by the applicant or applicants with the Board of Public Works, which application shall show the following:
(1) The name and address of the person, persons, partnership, firm or corporation desiring the business license; if a partnership or firm, the full name and address of each of the members thereof; if a corporation, the name and address of each of the officers thereof;
(2) A certified copy of the certificate of existence and which shows registered agent of the applicant provided by the Secretary of State of Indiana;
(3) The applicant is financially able to render taxicab services as applied for and has the financial backing, including liabilities, as required by any and all city, state, or federal regulation;
(4) The applicant owns and is the sole owner of the taxicabs described in division (A)(5) below in his or her service; and
(5) The make, model, factory number and state license number of each motor vehicle to be driven and operated as a taxicab under the business license.
(B) Any person or persons, firm or corporation found to be in violation of the requirements of this section shall be subject to the penalty provided in § 119.99(A).
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
(A) Upon the filing of an application, the Board of Public Works shall then pass upon the application, taking into consideration the applicant, his or her financial standing, and his or her equipment for rendering taxicab service in the city. If the Board of Public Works finds that it is for the best interests of the city and the citizens thereof that the applicant be issued a license to operate a taxicab service, then the Board of Public Works shall instruct the City Clerk to issue a business license upon the compliance of the applicant with all other provisions of this chapter.
(B) The City Clerk shall issue to the applicant, upon the approval of the Board of Public Works as above, a license upon the payment of a fee set forth in § 158.06(D) for each taxicab to be operated, for any calendar year or fraction thereof the cabs are operated. The taxicab operation license shall continue, subject to inspection, in effect from year to year until revoked by the Board of Public Works. The license must be visible and prominently placed in a window of the taxicab.
(C) The operation of an unlicensed taxicab will be subject to the penalties of § 119.99(A).
(Ord. G-95-228, passed 8-17-1995; Ord. G-96-133, passed 8-15-1996; Ord. G-11-26, passed 8-18-2011)
Upon filing the application, approval thereof by the Board of Public Works, and payment of the required fees as fixed in § 119.04, and provided the other stipulations and conditions hereof have been met, the City Clerk shall issue to the applicant a license permitting the operation of the motor vehicle or motor vehicles described in the application for one year, commencing January 1 and ending December 31 of each year, subject to revocation as hereinafter provided.
(Ord. G-95-228, passed 8-17-1995)
(A) No license shall be issued and no taxicab shall be operated on any street or highway within the city until there is filed with the City Clerk a policy of insurance executed by a company authorized to execute such instruments under the laws of the state, running for the year of the license to be issued to the applicant as provided in § 119.05.
(B) The insurance policy shall provide for the payment of any final judgment that may be rendered against the insured for damages to property, bodily injuries or death of any passenger or passengers or any other person or persons resulting from collision or other accident for which the person, persons, firm or corporation may be found liable while operating the taxicab described in the application, in a sum not less than the state statutory minimums for property damage and for injury or death of any person or persons.
(Ord. G-95-228, passed 8-17-1995) Penalty, see § 119.99
It shall be unlawful for any person, firm or corporation to use any motor vehicle for taxicab services unless that vehicle is designated as a taxicab by two or more colored signs, which signs must be permanently painted of a fast color on the body of the vehicle. The signs must designate the person, persons, firm or corporation to which the vehicle belongs, and must be readable at 150 feet or more by a person of normal vision. Limousines shall be exempt from this requirement.
(Ord. G-95-228, passed 8-17-1995) Penalty, see § 119.99
It shall be the obligation of the owner or operator of any taxicab company which has secured a license to operate in the city to ascertain that each driver employed by that operator has obtained a state-required license to operate for hire passenger-transporting conveyances. Each driver shall present his or her license to the City Police Chief, or his or her designee, prior to entering any employment as a driver for the inspection of the Police Department, and the driver shall be instructed by the Police Chief, or his or her designee, with respect to traffic ordinances of the city.
(Ord. G-95-228, passed 8-17-1995) Penalty, see § 119.99
(A) The Board of Public Works may suspend or revoke the license issued to and for any taxicab or taxicabs for the violation of this chapter, whether or not any criminal prosecution of the licensee is pending, upon proof and hearing thereof.
(B) Any license issued to any owner or owners, operator or operators under the terms and conditions of this chapter may be revoked or indefinitely suspended by the Board of Public Works, upon failure of the owner, owners, operator or operators to operate a taxicab or taxicabs in compliance with the terms of this chapter and the laws of the state. However, the owner or owners, operator or operators of each taxicab shall be given five days’ written notice of the violation, and upon hearing and proof thereof the license for the taxicab or taxicabs may be suspended for a definite period or revoked.
(Ord. G-95-228, passed 8-17-1995) Penalty, see § 119.99
Any vehicle used as a taxicab shall submit, upon request, to a safety inspection by a member of the Police Department or the department’s designee and further shall submit, upon request, to inspection and verification of all meters or rate devices by the Department of Weights and Measures or the Department’s designee.
(Ord. G-95-228, passed 8-17-1995) Penalty, see § 119.99
(A) The rates charged by a taxicab service shall not exceed the following:
(1) A startup fee of $4.10; for each additional mile $1.95;
(2) Thirty cents ($0.30) for each minute of waiting;
(3) An additional charge of $3.00 per passenger beginning with the fifth passenger may be added to the metered fare; and
(4) Maximum hourly rate of $20.75 per hour.
(B) No taxicab service may charge a rate less than 80% of the maximum charges outlined in divisions (A)(1) through (4) above. No additional charge may be made for the following: luggage, grocery bags, laundry, wheelchairs, or seeing-eye dogs or multiple passengers (except for more than four passengers).
(C) The Board of Public Works and Safety is hereby authorized to declare a fuel emergency and to authorize a fuel surcharge, which will be in addition to the surcharges in division (A) of this section, to be added to the taxicab rate when the cost of gasoline exceeds $3.50 per gallon, according to the American Automobile Association’s published gasoline costs for medium grade gasoline for a period of 15 days. The allowable surcharge of 5% rounded to the nearest five cents will be added to the rates of fare authorized in this section. Any taxicab operator or company implementing this surcharge shall reset its taximeters and flat rate schedules to include the 5% surcharge, and the Board of Public Works and Safety shall provide a form notice of the surcharge to each taxicab company, and said company shall cause a copy of the notice to be placed in each licensed taxicab. The Board of Public Works and Safety is further authorized to terminate the surcharge when the cost of gasoline falls below $3.50 per gallon according to the American Automobile Association’s published rates for medium grade gasoline for a period of 15 consecutive days, or to extend the surcharge in 30 day increments if the cost of gasoline remains above $3.50 per gallon based upon gasoline costs for medium grade gasoline as published by the American Automobile Association.
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
TAXICAB DRIVERS
It shall be unlawful for any person to operate a taxicab as a driver within the city without first having secured a taxicab driver’s license to do so from the city. Any person or persons, firm or corporation found to be in violation of the requirements of this section shall be subject to the penalty provided in § 119.99(B).
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
Every person desiring to drive a taxicab in the city shall, before undertaking to do so, file an application in writing for a taxicab driver’s license, duly sworn by the applicant, with the City Clerk, which application shall show the following:
(A) The name and present address of the applicant;
(B) The address of each place of residence of the applicant during the last two years prior to the date of the application;
(C) The place of employment, the kind of employment and the name of each of the employers of the applicant for the last five years immediately preceding the date of the application;
(D) The applicant’s experience in automobile operation;
(E) Whether or not the applicant has ever or does use alcohol or drugs;
(F) Whether or not the applicant has ever been charged or convicted in any court for any crime or misdemeanor and, if so, the facts and details concerning each conviction;
(G) The applicant’s state driver’s license number;
(H) The applicant shall also at the time of filing an application for a taxicab driver’s license, pay to the City Clerk the sum of $15 as fee for an annual taxicab driver’s license. The license shall expire one year after issuance unless it is revoked pursuant to the provisions of this chapter;
(I) The applicant is fingerprinted;
(J) The applicant obtains a local background check and an interstate identification index background check; and
(K) Any additional documentation deemed necessary by the Board of Works or the City Clerk in verifying the responses given by an applicant.
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
No taxicab driver’s license shall be issued to any person who does not meet the requirements set forth in I.C. 9-24-1 et seq. In addition, all applicants for a taxicab driver’s license shall provide all information concerning any violations, past, present or future, of any local, state or federal laws, and shall submit certified results of initial drug testing, and random drug testing at least annually thereafter from a private drug-testing contractor approved by the Board of Public Works. Violation of any local, state or federal laws or failure of any drug test shall be adequate ends for non-issuance, revocation or non-renewal of a taxicab driver’s license.
(Ord. G-95-228, passed 8-17-1995; Ord. G-96-133, passed 8-15-1996)
Notwithstanding any of the express provisions of this chapter, the Board of Public Works may, in its discretion, issue a conditional license which shall, along with the regular license, be subject to immediate revocation for any period the Board may determine, upon the licensee being convicted of driving while under the influence of intoxicating liquor or any charge involving moral turpitude.
(Ord. G-95-228, passed 8-17-1995)
No person, firm or corporation licensed to operate taxicabs under this chapter shall employ any person as a taxicab driver in the city unless that taxicab driver has been duly licensed in accordance with the provisions of this chapter. Any person, firm, or corporation found to have knowingly violated this section shall be subject to the penalty provided in § 119.99(B).
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011) Penalty, see § 119.99
(C) In addition to the penalties above, the Board of Public Works may suspend or revoke the taxicab operation and/or driver’s license of any business or individual who violates the provisions of this chapter. Each day a violation continues shall be deemed a separate violation.
(Ord. G-95-228, passed 8-17-1995; Ord. G-11-26, passed 8-18-2011)
