[HISTORY: Adopted by the Town Board of the Town of Thompson 2-7-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them by this section:
- MEDICAL TRANSPORTATION SERVICE PROVIDER
- A legally authorized provider of transportation services who is either enrolled in the Medicaid Assistance Program pursuant to 18 NYCRR Part 504 or is authorized to receive payment for transportation services directly from the social services district or other agent designated by the New York State Department of Health and who operates vehicles for transportation exclusively pursuant to the Medicaid Assistance Program and such vehicles are subject to local regulation. For the purposes of New York State General Municipal Law § 181, such vehicles are deemed to be livery vehicles, but shall not be subject to Chapter 221 of this Code. A vehicle that does not operate exclusively as a medical transportation service provider shall not be subject to this chapter, but shall be required to comply with Chapter 221 of this Code.
- MEDICAL TRANSPORTATION VEHICLE DRIVER
- Any person who drives a medical transportation vehicle.
- MEDICAL TRANSPORTATION VEHICLE DRIVER'S LICENSE
- Includes written permission by the Town of Thompson to drive a licensed medical transportation vehicle upon the streets of said Town.
- MEDICAL TRANSPORTATION VEHICLE LICENSE
- Includes written permission granted by the Town of Thompson to operate a specified medical transportation vehicle upon the streets of said Town.
- Includes any person owning or having control of the use of one or more medical transportation vehicles.
- Includes any street, highway, alley, avenue, court, bridge, lane or public place in the Town of Thompson outside of the corporate limits of any village in said Town.
It shall be unlawful for any person to keep any medical transportation vehicle for hire within the Town of Thompson, outside the corporate limits of any village in said Town, without first having obtained under the provisions of this chapter a medical transportation vehicle license in full force and effect and for any person to drive or operate such medical transportation vehicle without first having obtained a medical transportation vehicle driver's license in full force and effect.
Except in the year in which this chapter shall be enacted, such medical transportation vehicle driver's licenses shall be issued as of the first of May each year and shall expire on the following April 30, unless sooner suspended or revoked.
In addition to the requirements of this chapter, such vehicle must be currently authorized by the New York State Department of Health as an enrolled provider of such services.
Application. Application for a medical transportation vehicle license shall be made by the owner of the vehicle upon forms furnished by the Town Clerk. Any false statement of a material fact in the application shall be sufficient cause for the immediate suspension and/or revocation of the license.
Such application shall contain:
The name, age, residence, and business address of the person applying for the licenses and what, if any, previous experience he/she has had in the medical transportation service business. If the applicant is a corporation, the names and addresses of the officers of said corporation and the stockholders, together with the names and addresses of the person(s) who will actually manage the business, and whether previously convicted of a felony or misdemeanor.
The type of vehicle to be used, the factor number, the state license number, the number of years the vehicle has been driven, and the seating capacity according to its trade rating.
Whether previously licensed to operate as a medical transportation vehicle and, if so, where.
Whether a license to operate a medical transportation vehicle has ever been suspended or revoked and, if so, for what cause.
Such other information as the Town Clerk may deem necessary.
Inspection. No vehicle shall be licensed until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe, clean, fit condition. The Town Board, or someone designated by it, shall make such examination and inspection and file a report thereof with the Town Clerk before a license is issued. Such vehicle to be licensed shall be inspected at least once each year thereafter before a license is issued. Should any vehicle proposed to be licensed hereunder be previously inspected and passed by any incorporated village in said Town, the above provisions will be dispensed with, and such vehicle may be licensed without further inspection. A certificate of compliance with the provisions hereof, signed by such inspector, shall be filed with the Town Clerk with the application for original license for any such vehicle on or before May 1 and each year thereafter during which such vehicle continues to be so licensed. All vehicles licensed for operation in said Town that become involved in an accident which results in injury to any person or which results in damage to property of $250 or more shall be reinspected prior to returning to operation as a medical transportation vehicle for hire.
License card. If, upon inspection, a medical transportation vehicle is found to be of lawful construction and in proper condition, in accordance with the provisions of this chapter, and upon the approval of the application and the payment of the fee hereinafter set forth, the same shall be licensed, and the Town Clerk shall provide a sticker which may be affixed to the side window thereof, which sticker shall contain the official license number of the medical transportation vehicle, together with the date of issuance thereof. The license number assigned shall, wherever practicable, be the same as the registration number assigned to the vehicle for that year by the Department of Motor Vehicles. Such sticker shall not be defaced, obliterated or changed in any manner and shall be removed when such vehicle is sold to disqualify it for service or otherwise disposed of. In the event that a licensed medical transportation vehicle is replaced by a new or different vehicle, the Town Clerk may, upon payment of a fee as set from time to time by resolution of the Town Board, transfer the license to the new medical transportation vehicle upon proof submitted by the owner in proper form that such licensed medical transportation vehicle has been taken out of service and has been replaced. A new sticker may thereupon be issued.
License fee. The license fee for each medical transportation vehicle license shall be $150, or as set from time to time by resolution of the Town Board.
Every license issued as herein provided shall expire on the first day of May following the granting and issuing thereof. Prior to such date in each year, any applicant may make application for renewal of such license for the ensuing year upon a form provided by the Town Clerk and upon payment of the proper license fee. In the event that any holder of a medical transportation license fails to make application for renewal of the same by the 15th day of May following the granting and issuing thereof, such license shall thereupon become null and void and has no effect. In no event shall a renewal application be submitted to said Town Board earlier than the first day of March or later than the 15th day of May in any year.
Application. Each applicant for a medical transportation driver's license must comply with the following to the satisfaction of the Town Board. Any false statement of a material fact in the application shall be sufficient cause for the immediate suspension and/or revocation of the license. He/she must:
First have obtained a New York State chauffeur's license which is currently valid to operate a motor vehicle in the State of New York as can be confirmed by a New York State DMV driver's abstract.
Be over the age of 18 years.
Be of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him/her unfit for the safe operation of a public vehicle.
Be clean in dress and person and not addicted to the use of intoxicating liquor or drugs.
Be of good moral character.
Fill out, upon a blank form to be provided by the Town Clerk, a statement giving his/her full name, residence, places of residence for five years previous to moving to his/her present address, age, height, color of eyes and hair, place of birth, whether a citizen of the United States, places of previous employment for the last five years, whether married or single, whether applicant has ever been arrested or convicted of a felony or misdemeanor, has been previously licensed as a driver and, if so, whether his/her license has ever been suspended or revoked and for what cause, and the number of the driver's license issued by the state, which statement shall be signed and sworn to by the applicant and filed with the Town Clerk as a permanent record. The Town Clerk may require such additional information as she may deem necessary.
Any driver duly licensed by an incorporated village in said Town may be issued a license upon making the proper application therefor and without order or further qualifications.
Upon satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license which shall be in such form as to contain the signature of the licensee and blank spaces upon which a record may be made of any convictions, arrests, serious complaints or reprimands against him/her. Each license shall be stamped with the Seal of the Town. All licenses shall be numbered in the order in which they are issued and shall contain the name and place of residence of the licensee and the dates of issuance and expiration of the license. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of his/her license.
Every license issued as herein provided shall expire upon the 30th day of April following the granting and issuing thereof. The Town Clerk may renew a driver's license from year to year by appropriate endorsement thereon. A driver, in applying for a renewal of his/her license, shall make such application not less than 30 days next preceding its expiration upon a form to be furnished by the Town Clerk and may make such application any time after the expiration of said license, upon a form to be furnished by the Town Clerk titled "Application for Renewal of License" which shall be filled out with 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 thereof and such other information as the Town Clerk may deem necessary.
A fee shall be paid for the original license issued and a similar fee for each renewal thereof. Such fees shall be set from time to time by resolution of the Town Board.
A medical transportation vehicle driver's license may at any time be suspended or revoked for cause after a hearing by the Town Board of the Town of Thompson. Any such suspension or revocation shall be noted on the license, together with a statement of the reason therefor, and the driver shall be deprived of his/her license by the Town Board. When the license is suspended or revoked, such license shall forthwith be sent to the Town Clerk. A second suspension for the same reason may, or in any case a third suspension of a driver's license shall, revoke the license. No driver whose license has been revoked shall be again licensed as a medical transportation driver in the Town unless upon the presentation of reasons satisfactory to the Town Board.
There shall be kept in the office of the Town Clerk 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.
A Town of Thompson medical transportation license issued hereunder shall be valid to operate a vehicle licensed to a medical transportation service provider as well as a vehicle operated as a taxi under Chapter 221 of this Code.
The Town Board may grant or deny a Town of Thompson medical transportation license at any time, in its discretion.
Cruising. No cruising shall be permitted. No medical transportation vehicle while awaiting employment by passengers shall stand on any public street, with the exception of dropping off and picking up of scheduled medical transportation passengers from facilities that do not have independent parking facilities.
Every person to whom a badge, card or license has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the operation or driving of such a medical transportation vehicle, return such card or license to the Town Clerk. Such card or license shall not be or may not be assigned or transferred to any other person or be applied to any other vehicle other than the one specified therein. Whenever a license badge or card shall be lost, stolen or destroyed, a duplicate thereof may be issued by the Town Clerk upon the filing of an affidavit containing the facts or theft and upon the payment of the cost of such duplicate license.
The drivers of all vehicles licensed to operate in said Town shall exhibit their license and their picture within the vehicle which they operate in said Town so that it can be plainly seen by any and all passengers.
Every holder of a medical transportation vehicle license shall at all times keep the inside of the vehicle in a clean and sanitary condition and shall at least once each day thoroughly clean the inside of such vehicle.
Each medical transportation vehicle shall be clearly and plainly indicated as such by letters at least three inches in height affixed to both sides of said vehicle indicating the name of the company or individual operating said vehicle and designating the same as a medical transportation vehicle.
Owners. Any owner or driver of a medical transportation vehicle not licensed or equipped in accordance with the provisions of this chapter, or of a medical transportation vehicle the license of which has been suspended or revoked, who engages in the business of a medical transportation vehicle as defined herein or attempts to engage in such business or solicits passengers for hire shall:
Upon first conviction, be punished by a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment;
Upon second conviction, be punished by a fine of not more than $750 or imprisonment not exceeding 15 days, or by both such fine and imprisonment;
Upon third conviction within five years, shall be guilty of an unclassified misdemeanor pursuant to Town Law § 135(1), Shall be punished by fines of not more than $1,000 or imprisonment not exceeding 180 days, or by both such fine and imprisonment, and/or any other allowable sentence for unclassified misdemeanors, as proscribed in New York State Penal Law, Articles 55 through 85.
Drivers. Any person not having been duly licensed as a medical transportation driver, or not having a medical transportation driver license in full force and effect, who drives for hire a medical transportation vehicle upon the streets of said Town shall:
Upon first conviction, be punished by a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment;
Upon second conviction, be punished by a fine of not more than $750 or imprisonment not exceeding 15 days, or by other such fine and imprisonment;
Upon third conviction within five years, shall be guilty of an unclassified misdemeanor pursuant to Town Law § 135(1), shall be punished by fines of not more than $1,000 or imprisonment not exceeding 180 days, or by both such fine and imprisonment, and/or any other allowable sentence for unclassified misdemeanors, as proscribed in New York State Penal Law, Articles 55 through 85.
In addition to the fine, imprisonment or both authorized by this chapter, any license shall be subject to the suspension or revocation of his/her license upon conviction for any violation of this chapter.
An appearance ticket, or simplified traffic information, as defined in Article 100 of the Criminal Procedure Law of the State of New York shall be issued for a violation of any section of this chapter and shall be returnable before a Justice of the Town of Thompson Justice Court. Appearance tickets or simplified traffic informations may be issued by authorized employees of the Town or members of the Sullivan County Sheriff's Department or New York State Police.
Medical transportation vehicle owners and drivers shall have 30 days from the effective date of this chapter to comply with the terms of this chapter.
This chapter shall in no way apply to the running or operation of medical transportation vehicles for hire upon the streets of any incorporated village in said Town.