[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.
OPERATOR
Any person who operates a motor vehicle or trackless trolley.
OWNER
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.
PERSONS
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.
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:
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.
H. Fees related to certification for an owner of a transportation company
doing business for profit in the City of Springfield are as follows:
(1) Registration of a bus company with the City Clerk's office $10.
(2) Photo identification obtained from the Springfield School Department:
$1.
These contracted school transportation regulations shall take
effect on September 1, 2005.
[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:
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.
CRUISE
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]
HAIL
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.
LIVERY VEHICLE
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]
MEDALLION
A permit granted by the Taxi and Livery Commission to operate
one specific taxicab or livery vehicle within the City of Springfield.
OWNER
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.
TAXICAB
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.
TAXIMETER
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 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]
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.
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.
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.
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.
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 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.
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:
A. Unhygienic, unclean interior: $15.
B. Exterior soiled; unclean windows that hinder vision: $15.