[HISTORY: Adopted by the City Council of the City of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-2005 (Title 5, Ch. 5.26, of the 1986 Code)]
The purpose of this article is to provide uniform regulations for the number of owners of alternative transportation companies providing transportation to the Springfield school pupils and who may have direct and unmonitored contact with school pupils to ensure the safety of school pupils and to enhance the safety of motor vehicles and the general public on the streets of the City.
For the purpose of this article, the following definitions shall be applicable:
- CERTIFICATE OF INSPECTION
- A serially numbered, adhesive sticker, device, or symbol, as may be prescribed by the Registrar, indicating that a motor vehicle has met the inspection requirements established by the Registrar for issuance of a certificate. The Registrar may prescribe the use of one or more categories of certificates of inspection.
- CERTIFICATE OF REJECTION
- A serially numbered, adhesive sticker, device or symbol, as may be prescribed by the Registrar, indicating that a motor vehicle has failed to meet the inspection requirements as established by the Registrar.
- INSPECTION STATION
- A proprietorship, partnership, or corporation licensed by the Registrar to perform inspections on motor vehicles.
- Any person who operates a motor vehicle or trackless trolley.
- A person, other than a lien holder, having title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security and a bailee of any description; but the term shall include the commonwealth and its political subdivisions for the purpose of registering a vehicle that is on loan from the United States or from a motor vehicle manufacturer or distributor.
- Wherever used in connection with the registration of a motor vehicle, all persons who own or control such vehicles as owners, or for the purpose of sale, or for renting, as agents, salesmen or otherwise.
- REGISTER NUMBER
- The letter or letters, mark or marks, Arabic numeral or numerals, or combinations thereof assigned by the Registrar to a motor vehicle or trailer.
- The Registrar of Motor Vehicles.
- SCHOOL BUS
- Any motor vehicle used for the transportation of school pupils and school personnel to and from school or for the transportation of children enrolled in a camp or recreational program, while so used, but not including any such motor vehicle used for not more than five days in case of emergency or a motor vehicle while also used for the common carriage of the public under a certificate and permit issued under MGL c. 159A, §§ 7 and 8, or a motor vehicle having permanent seating accommodations for and carrying not more than eight persons in addition to the operator, or a motor vehicle used to transport vocational students participating in a work project to and from a work site and having permanent seating accommodations for not more than 14 persons in addition to the operator.
- SCHOOL PUPIL
- Any person enrolled in any school, kindergarten through grade 12, or enrolled in any program for day-care services, or in any program for children with special needs as defined in MGL c. 71B, § 1, or in any organized day or summer camp program or any activity supported by said schools.
Any person doing business for hire and receiving payment for such transportation service of school-aged pupils (three to 21 years of age) to and/or from school, or any person enrolled in any school, kindergarten through grade 12, or enrolled in any program for day-care services, or in any program for children with special needs as defined in MGL c. 71B, § 1, or in any organized day or summer camp program or any activity supported by said schools shall adhere to the following:
An owner of a transportation company doing business for profit in the City of Springfield shall be registered with the Springfield public schools and the City Clerk's office.
No owner of a transportation company doing business for profit in the City of Springfield shall be registered to transport school pupils until it produces to the Springfield public schools and the City Clerk's office a certificate of insurance by a company licensed to do business in the Commonwealth of Massachusetts to ensure the safety of the public and the liability of students transported.
Each operator transporting school-aged pupils, as defined above, shall have on his person a photo identification badge issued by the Springfield public schools at a cost of $1 to the operator. Prior to the identification badge being issued, each operator must produce its 7D or CDL license.
An owner of a transportation company doing business for profit in the City of Springfield shall maintain a CORI (Criminal Offender Record Information) log of all drivers employed by said owner and present this log to a CORI authorized representative of the Springfield public schools upon request.
An owner of a transportation company doing business for profit in the City of Springfield shall have each motor vehicle used to transport school-aged pupils inspected annually by the Springfield Police Department in conjunction with the Springfield public schools inspections. In addition, the owner of the transportation company shall have a certificate of inspection or rejection issued by the Registrar and an inspection sticker issued by the Springfield public schools, which shall be affixed to the right-side window of each vehicle. The City's inspection stickers shall be issued during the month of October by the Springfield Police Department in conjunction with the Springfield School Department at an inspection site to be determined. Any motor vehicles added to a fleet will be inspected upon written request to the Director of Transportation of the Springfield public schools. This inspection must be done within seven calendar days after the motor vehicle is in service.
Each motor vehicle will have affixed clear markings of ownership. These markings will be affixed to both the left and right side of each motor vehicle in letters no smaller than three inches.
Each school bus (Type A or B) dedicated to the transportation of school-aged pupils must be registered as a "school bus" and have school bus plates attached and meet all Massachusetts General Laws Chapter 90 standards. Furthermore, each motor vehicle must have a school bus sign affixed to the roof in accordance with Massachusetts General Laws Chapter 90 as related to 7D vehicles and have pupil plates.
These contracted school transportation regulations shall take effect on September 1, 2005.
Enforcement. The provisions of this article may be enforced by any police officer or any special police officer designated by the Board of Police Commissioners to do so.
Any person who violates the provisions of this article shall be subject to a fine in the amount of $100 for the first offense, $200 for a second offense, and $300 for a third or any subsequent offense. The penalty for each violation set forth above shall apply for each day or part of a day during which the violation is committed, continued, or permitted.
[Adopted as amended 9-12-2007 (Title 5, Ch. 5.28, of the 1986 Code)]
Editor’s Note: Pursuant to an ordinance adopted on 6-19-2017, the title of this Art. II was changed from “Taxicabs and Livery Vehicles” to its current title.
For the purpose of this article, the following definitions shall be applicable:
- CHAUFFEUR LICENSE
- A permit granted by the Taxi and Livery Commission to any person to drive a medallioned taxicab or livery vehicle within the limits of the City of Springfield.
- The driving of a taxicab on the streets, alleys, or public places of the City of Springfield in search of or soliciting prospective passengers for hire. This definition does not apply to livery vehicles.
- DIGITAL NETWORK
- Any online-enabled application, software, website, or system
offered or utilized by a transportation network company that enables
prearranged rides with transportation network drivers.[Added 6-19-2017]
- To stop a taxicab by means of waving, whistling or verbally calling for taxicab to stop for a hire from the curb of any street, square, or public place except where prohibited. This definition does not apply to livery vehicles.
- A. A limousine or other vehicle, primarily garaged or primarily engaged for hire in the City of Springfield, which is designed to carry passengers under prearranged contract for an agreed-upon hourly fare, or a motor vehicle on a schedule along a regular route without the use of a taximeter. "For hire" shall mean a vehicle hired to carry passenger(s) by either a prearranged contract for an agreed-upon hourly fare, an oral agreement for an agreed-upon hourly fare, or a direct-pay agreement with a taximeter. "Livery vehicle" shall not mean a charter, business courtesy, employee shuttle, or customer shuttle of a business that is not primarily engaged in transportation services. "Livery vehicle" shall also not mean any van or wheelchair van vehicle used by any contracted or licensed provider, licensed hospital, or its affiliates, of the Executive Office of Health and Human Services (EOHHS), including but not limited to the Department of Public Health, Human Service Transportation, and the Disability Determination Services; provided, however, that any contracted or licensed provider, licensed hospital, and its affiliates shall share all relevant vehicle safety information on an annual basis, upon request of the Taxi and Livery Commission.[Amended 4-5-2012]
- B. All livery vehicle owners must obtain written approval from the City of Springfield Taxi and Livery Commission prior to operating a livery business within the City. All livery drivers must obtain a livery license before operating a livery motor vehicle from the City of Springfield Taxi and Livery Commission. All livery companies must have a business license issued by the City of Springfield Taxi and Livery Commission before obtaining a livery plate issued by the Registry of Motor Vehicles. All livery vehicle owners and operators shall abide by the City of Springfield Taxi and Livery Commission's ordinances and rules and regulations.[Added 11-16-2015; amended 12-21-2015]
- C. All livery vehicle owners and operators must obtain written approval from the City of Springfield Taxi and Livery Commission prior to operating a livery business within the City. All livery-plated vehicles must have a livery license issued by the Registry of Motor Vehicles after obtaining written approval from the City of Springfield Taxi and Livery Commission. All livery vehicle owners and operators shall abide by the City of Springfield Taxi and Livery Commission's ordinances and rules and regulations.[Added 12-21-2015]
- A permit granted by the Taxi and Livery Commission to operate one specific taxicab or livery vehicle within the City of Springfield.
- A person, firm, partnership or corporation in whose name a Massachusetts registration for a taxicab or livery vehicle is issued pursuant to the Registry of Motor Vehicles of the Commonwealth of Massachusetts.
- TAXI AND LIVERY COMMISSION
- The local permit-granting authority to license taxicabs and livery vehicles in the City of Springfield.
- Every motor vehicle or horse and carriage used or to be used for the conveyance of persons for hire from any point of origin within the City to any other location for a fee, whether hourly or by a taximeter, shall be deemed to be a taxicab within the meaning of this article, except livery vehicles as defined above or a motor vehicle or horse and carriage operated in a manner and for the purposes stated in Massachusetts General Laws Chapter 159A.
- TAXICAB STAND
- Any place designed by the Taxi and Livery Commission along a curb or street or other public way as a place at which only taxicabs may park or stand.
- A meter instrument or device attached to taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.
- TRANSPORTATION NETWORK COMPANY DRIVER or TNC DRIVER
- An individual who is certified by a transportation network
company and provides transportation services between points chosen
by the passenger.[Added 6-19-2017]
- TRANSPORTATION NETWORK COMPANY or TNC
- A corporation, partnership, sole proprietorship, or other
entity that uses a digital network to connect riders to drivers to
prearrange and provide transportation.[Added 6-19-2017]
- TRANSPORTATION NETWORK VEHICLE
- A vehicle that is used by a transportation network driver
to provide transportation network services.[Added 6-19-2017]
- WAITING TIME
- All times during which the taxicab is not in motion, beginning three minutes after its arrival at the place to which is has been called after having been engaged by a passenger or passengers or the place it has been directed to by a passenger or passengers; provided, however, the Commission may establish a fee for such waiting time as part of its rules and regulations for any time that the taxicab is not in motion due to any cause at the request, act or fault of a passenger or passengers.
There shall be established in the City, subject to the provisions of Chapter 95 of the Acts of 1922, to grant licenses under authority of MGL c. 40, § 22, and granted power by Chapter 122 of the Acts of 1930 to grant licenses for the letting out of motor vehicles for hire, however computed or determined, a Taxi and Livery Commission, hereinafter the "Commission," to be the local permit-granting authority for the regulation of taxicabs and livery vehicles doing business in the City of Springfield.
The Commission shall consist of five members, all of whom shall be residents of the City of Springfield, and have the authority to issue regulations pursuant to this article and to hold hearings on violations of this article, orders, rules or regulations issued pursuant thereto. The members shall consist of the following:
The Commission shall make determinations as to the issuance of medallions and the enforcement of this article, orders, rules and regulations as hereinafter promulgated or as amended.
The Commission shall establish two annual inspections, one by a licensed Massachusetts inspection station and by one of the following: City of Springfield Department of Public Works, Massachusetts State Police, Massachusetts Registry of Motor Vehicles or an officer of the Springfield Police Department.
The Commission shall issue chauffeur licenses for all drivers of taxicabs and livery vehicles. The Commission shall from time to time review and set insurance coverage requirements for taxicabs and livery vehicles.
The Traffic Engineer for the Department of Public Works shall continue to serve as an advisor to the Commission for a period not exceeding 12 months from the date of the enactment of this article.
All owners and drivers of taxicabs and livery vehicles shall be subject to such further rules, orders and regulations as may from time to time be promulgated by further ordinances or rules or orders of the Commission relating to the licensing and regulation of taxicabs and livery vehicles.
All TNCs, TNC drivers and TNC vehicles shall be subject to the rules, orders and regulations of the Massachusetts Department of Public Utilities as may be amended from time to time.
The Traffic Engineer and the Police Department, except where otherwise provided, shall have general charge of the enforcement of the provisions of this article, including the inspection of vehicles and the prosecution of violations of the provisions of this article, or of any rule, order or regulation adopted by the Commission relating to such business.
No person driving a taxicab or livery vehicle shall have in his possession a lighted cigarette, cigar or pipe at any time, with or without fares present.
No person driving a taxicab or livery vehicle shall have in his possession a firearm, with or without fares present.
No person driving a taxicab or livery vehicle shall have a scanner, either functional or nonfunctional, in said vehicle. If any taxicab or livery driver is found with a scanner in his possession, he shall be fined $100 for the first offense and shall be fined $300 and be suspended for six months for a second or subsequent offense.
Passengers or designated hotel employees shall be allowed to hail taxicabs from the curb of any street, square or public place, during such hours as may be designated by the Traffic Commission. No taxicab shall be allowed to cruise, stand or wait for passengers in any street, square or public place, except on such portions thereof and during such hours as may be designated by the Taxi and Livery Commission. Livery vehicles shall not at any time be permitted to be hailed by, or cruise, stand or wait for, passengers in any street, square or public place.
The Commission may from time to time designate locations in streets, squares or public places where and the hours during which taxicabs may cruise, stand or wait for passengers, and may cancel or change such locations or hours as and whenever the public interests seem to require such changes.
Any TNC driver who solicits, accepts, arranges or provides transportation network services in any other manner, including street hails, cruising, or street solicitations, shall be deemed to have committed a civil motor vehicle infraction. A citation may be issued by state or local police for any such violation in the manner provided for in MGL c. 90C to the TNC driver, who may be assessed a fine of $500.
No owner or driver of a taxicab shall charge any passenger any higher rate for any service than those that shall from time to time be fixed by ordinance or by rules or orders of the Commission.
A schedule of such rates then in force shall be delivered to every owner and every driver of a taxicab at the time of the delivery to them of their licenses, and new schedules shall be so delivered by the Secretary of the Commission to all licensees whenever such rates may be changed.
The Commission may suspend or revoke any chauffeur's license or medallion/vehicle license issued under this article for the violation of such provisions or of any law or of any rule or order of the Commission relating to the licensing and regulation of taxicabs and livery vehicles.
No person shall be allowed to lease or operate a taxicab or livery vehicle without a valid chauffeur's license. The Commission shall fine any owner who leases a taxicab or livery vehicle to, or who allows operation of a taxicab or livery vehicle by, a person who does not possess a valid chauffeur's license. The fine shall be $100 for the first offense and $200 for the second or subsequent offenses.
Applications for chauffeur's licenses and medallion/vehicle licenses issued under this article shall be made to the Commission on forms furnished by it, and shall set forth, under oath, such information as such Commission may require.
Chauffeur's license application requirements.
All applicants must be 19 years old.
All applicants must have two years' driving experience.
All applicants must have a valid Massachusetts license. The license may not have been revoked, suspended, conditional, probationary, or restricted or have a nonrenewable status. (Consideration may be given for applicants who have been offense-free for a period of three years or who have had a license suspension or revocation due to nonpayment of fines and/or fees.)
All applicants must present an original Social Security card.
No applicant may have any outstanding obligations to the Department of Motor Vehicles, Commonwealth of Massachusetts, or City of Springfield.
All applicants must complete a City of Springfield taxi and livery application.
All applicants must present proof of U.S. citizenship or legal residency in the U.S.
All applicants must present proof of a legal address.
All applicants must have fingerprints and photos taken and on file.
All applicants must have a completed medical certification form.
All applicants must complete a criminal history background request form.
No applicant may hold any prior convictions for driving under the influence.
No applicant may possess any prior convictions for leaving the scene of property damage or personal injury accidents.
No applicant may possess any prior convictions for drug distribution, any crimes of violence specifically, assault and battery by means of a dangerous weapon or sexual assault cases. (Consideration may be taken for applicants who have been offense-free, in combination with his/her driving record, for a period of at least five years.)
All applicants must show a closed status for any prior cases/arraignments.
No applicant may be serving any portion of a court-ordered probation.
All applicants must pay a nonrefundable application fee of $25 at the time of submitting the application, and an additional licensing fee of $25 at the time of issue.
All applicants that are approved and licensed will be responsible for a license replacement fee of $20 for any duplicate license issued.
All applicants must pay a nonrefundable application fee of $50 to operate a livery vehicle in the City.
All applicants must report any address changes within seven days to the licensing authority at the Springfield Police Department. All unreported changes will be subject to suspension.
All applications, once approved, will be held for one month from the approval date and then will be discarded and applicant will have to reapply.
A "complaint" sticker must be in each taxicab and livery vehicle. It is the responsibility of each operator to ensure that such sticker is in place in the taxicab and livery vehicle. "Complaint" stickers are part of the required equipment mandated by the Taxi and Livery Commission. A fine of $25 will be assessed to the driver if he/she is found in violation of this requirement.
The Commission shall have the power to grant and issue medallions/vehicle licenses and chauffeur's licenses referred to in this article, subject to the approval of the Mayor.
Taxicab vehicle licenses shall be numbered in order as granted and shall be at least four inches in height. Numbering of taxicabs shall not apply to livery vehicles.
Every taxicab and livery vehicle chauffeur's license and vehicle license shall be signed by the Secretary of the Commission.
The license shall set forth the name and residence and place of business of the licensee, a description of the motor vehicle or horse and carriage to be operated under it and the current registration number and the engine number of such vehicle and the number of persons, exclusive of the operator, which it may carry, and unless sooner revoked or rendered void shall continue in effect until the first day of January next after the date thereof.
The Commission shall issue to the licensee a medallion for each taxicab and livery vehicle to be operated thereunder, bearing the words:
Such medallion shall be attached to the exterior of each taxicab and livery vehicle. The numbering and exact location of such medallion will be determined by the Commission.
Medallions shall be a permanent taxicab vehicle license number or a permanent livery vehicle license number and be assigned to each licensed taxicab and livery. Medallions shall be issued in conjunction with the taxi license or livery license by the Commission. Under no condition is the medallion/license transferable or may it be sold from one taxi or livery company or operator to another. The numerical sequence, size, material and style shall be determined by the Commission. In the event that the vehicle to which the medallion/license has been issued has been taken off the road either through age, vehicle accident, or mechanical problems, said medallion/license may be assigned to a replacement vehicle only upon the approval of the Commission and for the fee of $50 per transfer.
The fee for a two-year medallion shall be $300.
The fee for a taxicab or livery driver's license shall be $50 for a license that shall not exceed a period of two years.
The licensing agent for the Commission shall deliver to the operator an identification card which serves as a license that consists of his/her photo, date of birth, place of birth, height, weight, eye color, race, issue date, expiration date, and last four digits of his/her social security number. This I.D. must be worn on the outer clothing in full view while operating a taxicab or livery vehicle.
No such licensee shall at any time permit or suffer any other person to wear such badge, nor shall any person at any time wear such badge issued to another.
The licensee shall at all times when driving or in charge of a taxicab or livery vehicle carry such card and the license under which such taxicab or livery vehicle is operated or a copy of such license and shall show the same whenever so requested by a member of the Commission or by any police officer.
The Commission shall issue chauffeur's licenses upon such terms and conditions as it deems proper to ensure the safety of passenger only after a medical certification is signed by a medical practitioner such as a physician, nurse practitioner or a physician's assistant stating that the driver is fit or unfit to safely operate a taxicab or livery vehicle. This certification must include the name, address, signature, license number, and phone number. This certification must be submitted subsequently and in addition to an application with the proper nonrefundable fee.
Two-thirds of a taxicab owner's fleet must have security partitions installed between the operator and fare.
Taxi and livery licenses will be permanently revoked after operator's liable involvement in two hit-and-run accidents.
Operators involved in two accidents for which the operator is liable in a one-year time period will be subject to a six-month license suspension. (Liability will be determined by the Commission after providing the operator due notice and opportunity to be heard.) Any subsequent accident for which the operator is liable, after license reinstatement, will be subject to permanent license revocation. (Liability will be determined by the Commission after proving the operator due notice and opportunity to be heard.)
Failure to report any accident (major/minor) to the owner, the Springfield Police Department, or the police department of the city or town having jurisdiction in which the accident occurred will be subject to permanent license revocation.
Horn use is not allowed for the purpose of announcing presence and/or to call upon a fare and is prohibited and subject to fines of $25 per violation. Horns are to be used only in an emergency situation.
Fines for vehicle appearance violations shall be as follows:
The following violations will be punishable as follows: first violation, $25; second violation, $50; third and subsequent violation, twenty-one-day license suspension:
If any taxi and/or livery vehicle has been conducting business within the City of Springfield without a valid license or medallion issued by the Taxi and Livery Commission, a fine of $300 shall be imposed for each violation.
If any taxi and/or livery vehicle has been suspended from operating in the City of Springfield by the Taxi and Livery Commission and is then found to be in violation of any order, ruling or decision of the Commission by unlawfully conducting business within the City, a fine of $300 shall be imposed for each violation.
A TNC driver shall produce proof of a transportation network driver certificate and a background check clearance certificate upon request by law enforcement. Failure to produce such documents shall result in a fine of not more than $100 for a first offense, not more than $500 for a second offense and not more than $1,000 for a third or subsequent offense.