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Burlington City Code

CHAPTER 127

VEHICLES FOR HIRE DRIVERS

127.01 Definition

127.10 Driving Without a License

127.02 License Required

127.11 Use of Intoxicating Liquor

127.03 Qualifications; Requirements

127.12 Suspension or Revocation of License

127.04 License Fee

127.13 Renewal of License

127.05 Term of License

127.14 Maximum Working Hours

127.06 Records

127.15 Soliciting Business

127.07 Badge

127.16 Number of Passengers Restricted

127.08 Duty To Convey Persons

127.17 Duty To Carry Passengers

127.09 Misrepresentation of Name of Employer

127.18 Penalty

127.01    DEFINITION. As used in this chapter, “vehicle for hire driver” means any person hired to drive any motor vehicle on the streets of the City, for the purpose of carrying passengers for hire, which follows no regular route or time schedule.

127.02    LICENSE REQUIRED. No person shall drive a taxicab, limousine, jitney or van for the purpose of carrying passengers for hire within the City unless such person shall have obtained a vehicle for hire driver’s license as provided by this chapter.

127.03    QUALIFICATIONS; REQUIREMENTS. Each application for a vehicle for hire driver’s license must fulfill the following requirements:

  1. Be of the age of eighteen (18) or over, and possess a valid chauffeur’s license by the State and Federal authorities to operate the particular type vehicle;

  2. Be clean in dress and person and not addicted to the use of intoxicating liquors or habit-forming drugs;

  3. Furnish the City, through the Police Chief, an affidavit of good character, from two reputable persons who have known said applicant personally and observed his or her conduct frequently during one year next preceding the date of the application, and furnish a written statement or testimonial from his or her last employer, unless in the discretion of the City, sufficient reason is given for its omission;

  4. Furnish the City, through the Police Chief, a statement including:

  1. Full name, place of residence and places of residence for three years previous to moving to his or her present address;

  2. Age, height, color of eyes and hair;

  3. Place of birth, length of time he or she has resided in the City, and whether married or single;

  4. Whether he or she has been convicted of a felony or a misdemeanor, whether he or she has been summoned into court on a criminal charge, or a civil charge in damages arising out of an auto accident, and if so, when and by what authority, whether his or her license has been revoked or suspended, and if so, for what cause.

Such statement must be signed, notarized and filed with the City and kept as a permanent record.

Such applications must be endorsed upon the approval or disapproval of the Police Chief. Any false statement made by the applicant for a license shall be promptly reported to the City Attorney.

127.04    LICENSE FEE. Each vehicle for hire driver shall pay a fee for the issuance of a license. The Council shall set the vehicle for hire driver license fee by resolution.

127.05    TERM OF LICENSE. Vehicle for hire driver’s licenses shall be issued as of April 1 of each year and shall be effective for the period of one year from such date.

127.06    RECORDS. The City shall keep a complete record of each license issued to a driver and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for a license.

127.07    BADGE. There shall be delivered by the City to each driver licensed under this chapter a badge, of such form and style as the Council may prescribe, with the City license number thereon, which badge, under the penalty of revocation of the license, must be constantly and conspicuously displayed in full view of any passengers. Any driver loaning his or her badge, or permitting another person to use the same, shall be guilty of a misdemeanor and punished accordingly and shall have his or her license revoked.

127.08    DUTY TO CONVEY PERSONS. Except as provided in subsection 126.14(3) of this Code of Ordinances, no driver of any unengaged vehicle for hire shall refuse or neglect to convey any orderly person upon request anywhere in the City.

127.09    MISREPRESENTATION OF NAME OF EMPLOYER. It is unlawful for any vehicle for hire driver to misrepresent the name of his or her employer. Upon the conviction of a driver of a violation of this section, in addition to suffering the penalties prescribed, such driver shall have his or her license revoked.

127.10    DRIVING WITHOUT A LICENSE. Any person not having been duly licensed as a vehicle for hire driver, or any person whose license as such driver has been revoked or suspended and who, during the time of such suspension, drives for hire a vehicle on the streets of the City, is guilty of a misdemeanor, and in addition to suffering the penalties prescribed, such driver shall have his or her vehicle for hire driver’s license revoked and never again be licensed in the City.

127.11    USE OF INTOXICATING LIQUOR. Any vehicle for hire driver found guilty of operating while under the influence while on duty shall have his or her license revoked and never again be licensed as a vehicle for hire driver in the City. Any vehicle for hire driver while on duty found with a blood alcohol level of .02 - .095 shall be suspended for a period of six (6) months upon conviction of other criminal or traffic offenses.

127.12    SUSPENSION OR REVOCATION OF LICENSE. At the time of initial license being issued to a vehicle for hire driver, said driver shall be notified of the following:

  1. The Police Chief will immediately revoke the vehicle for hire driver’s license if:

  1. The driver is convicted of a serious or aggravated misdemeanor;

  2. The driver is convicted of a felony;

  3. The driver fails to notify the Police Chief when the driver is convicted of any criminal or moving traffic violations;

  4. The driver is convicted of a third moving violation while licensed as a vehicle for hire driver.

  1. The Police Chief will immediately suspend the vehicle for hire driver’s license if:

  1. The driver is convicted of his or her first moving violation while operating and licensed as a vehicle for hire driver. The driver shall be suspended for seven days;

  2. The driver is convicted of his or her second moving violation while operating and licensed as a vehicle for hire driver. The driver shall be suspended for fourteen days.

127.13    RENEWAL OF LICENSE. A vehicle for hire driver’s license may be renewed from year to year upon approval of the Police Chief. A driver in applying for a renewal of license shall make application upon a form furnished by the Council entitled Application for Renewal of Vehicle For Hire Driver’s License, which shall contain the full name and address of the applicant, together with a statement of the date upon which the original license was granted and the number thereon.

127.14    MAXIMUM WORKING HOURS. No person shall drive a vehicle for hire in excess of these maximum periods: not more than twelve (12) consecutive hours in any 24-hour period except that a driver may begin work again after he has been off duty for ten (10) hours.

127.15    SOLICITING BUSINESS. Vehicle for hire drivers shall not stop, park or drive about the City streets or public places to solicit passengers by words, signs, or signals, but they may take on a passenger anywhere in the City at the passenger’s request.

127.16    NUMBER OF PASSENGERS RESTRICTED. Vehicle for hire drivers shall not permit more passengers to be carried in a taxi than the rated seating capacity of the taxi as fixed by the Council and stated in the license; and each passenger must have available and be required to wear an approved seat belt whenever the taxi is in operation.

127.17    DUTY TO CARRY PASSENGERS. No vehicle for hire driver shall refuse to convey an orderly person upon request, unless previously engaged, or unless such driver is unable or forbidden to do so by the provisions of this chapter.

127.18    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances.



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