[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:
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.
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.
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.
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.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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)]
[Amended 6-10-2010]
For the purpose of this article, the following definitions shall
be applicable:
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.
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 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]
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]
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.
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.
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.
An individual who is certified by a transportation network
company and provides transportation services between points chosen
by the passenger.
[Added 6-19-2017]
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]
A vehicle that is used by a transportation network driver
to provide transportation network services.
[Added 6-19-2017]
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.
A.
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.
B.
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:
C.
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.
D.
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.
E.
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.
F.
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.
[Amended 6-19-2017]
A.
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.
B.
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.
[Amended 4-30-2008]
A.
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.
B.
No person driving a taxicab or livery vehicle shall have in his possession
a firearm, with or without fares present.
C.
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.
A.
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.
B.
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.
C.
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.
[Added 6-19-2017[1]]
A.
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.
B.
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.
[Added 4-30-2008]
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.
[Amended 4-30-2008]
A.
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.
B.
Chauffeur's license application requirements.
(1)
All applicants must be 19 years old.
(2)
All applicants must have two years' driving experience.
(3)
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.)
[Amended 6-19-2017]
(4)
All applicants must present an original Social Security card.
(5)
No applicant may have any outstanding obligations to the Department
of Motor Vehicles, Commonwealth of Massachusetts, or City of Springfield.
(6)
All applicants must complete a City of Springfield taxi and livery
application.
(7)
All applicants must present proof of U.S. citizenship or legal residency
in the U.S.
(8)
All applicants must present proof of a legal address.
(9)
All applicants must have fingerprints and photos taken and on file.
(10)
All applicants must have a completed medical certification form.
(11)
All applicants must complete a criminal history background request
form.
(12)
No applicant may hold any prior convictions for driving under
the influence.
(13)
No applicant may possess any prior convictions for leaving the
scene of property damage or personal injury accidents.
(14)
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.)
(15)
All applicants must show a closed status for any prior cases/arraignments.
(16)
No applicant may be serving any portion of a court-ordered probation.
(17)
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.
(18)
All applicants that are approved and licensed will be responsible
for a license replacement fee of $20 for any duplicate license issued.
(19)
All applicants must pay a nonrefundable application fee of $50
to operate a livery vehicle in the City.
C.
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.
D.
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.
E.
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.
A.
Every taxicab and livery vehicle chauffeur's license and vehicle
license shall be signed by the Secretary of the Commission.
B.
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.
[Amended 4-30-2008]
A.
The Commission shall issue to the licensee a medallion for each taxicab
and livery vehicle to be operated thereunder, bearing the words:
|
Taxi/Livery Vehicle License No. _____
Springfield, Mass
|
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
Taxi and livery licenses will be permanently revoked after operator's
liable involvement in two hit-and-run accidents.
B.
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.)
C.
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:
[Amended 6-24-2010]
A.
The following violations will be punishable as follows: first violation,
$25; second violation, $50; third and subsequent violation, twenty-one-day
license suspension:
B.
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.
C.
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.
D.
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.
[Added 6-19-2017]
