[HISTORY: Adopted by the City Council of
the City of Bangor 4-11-2016 by Ord. No. 16-124.[1] Amendments noted where applicable.]
For the purposes of this chapter, the following terms are to
be deemed and construed to have the meanings indicated in this section:
An unmetered commercial passenger vehicle which carries more
than 15 persons, including the driver, and operates on a fixed route
for a fare.
The period of time commencing on the 16th day of May of one
year and expiring on the 15th day of May of the following year.
The City of Bangor.
The City Council of the City of Bangor as established by
Article II of the Charter of the City of Bangor.
A commercial vehicle service that carries passengers over
a short distance to or from a fixed destination (e.g., the airport)
at no charge to the customer.
Any person, firm, association, partnership or corporation
that provides dispatching services, including any form of electronic
dispatch, to owners of taxicabs or liveries, in the City of Bangor.
Any person who is engaged in the driving of a taxicab or
livery for hire.
Includes, but is not limited to, any employee, independent
contractor, lessee or person permitted to drive a taxicab or livery
of the business licensee.
The transportation of passengers for compensation.
Any unmetered luxury vehicle designed to carry no fewer than
five and not more than 14 passengers behind the driver's seat, which
is of a type built or modified for use as a luxury "stretch limousine"
and is used for the transportation of passengers for-hire, solely
by prearrangement, on a reserved hourly or flat-rate basis.
A motor vehicle used for the transportation of passengers
for hire, having the following characteristics:
A seating capacity of at least three and no more than 15 passengers
behind the driver's seat;
Hired by means of a request or contract arranged in advance
of the time transportation is needed;
Charge is by flat fee or by the minute;
A price estimate is provided to the customer in advance of pickup;
and
Does not operate on a fixed route.
The act of driving, attempting to drive, or exercising control
over a vehicle.
The person, firm, association, partnership or corporation
to whom or to which a taxicab or livery business license has been
issued.
A motor vehicle used for the transportation of passengers
for hire, having the following characteristics:
A seating capacity of nine passengers or fewer, including the
driver;
Operated on call and demand;
Operated without fixed routes or terminuses;
The destination and route of which are under the control of
the passenger or passengers being carried therein; and
The fares for which are at rates per mile, or fraction thereof,
or wait time, or both.
A mechanical instrument or device by which the fare for hire
of the taxicab is automatically calculated, either for distance traveled
or waiting time or both, and plainly and accurately indicated in figures
that are illuminated and clearly visible to the passenger.
A.
The provisions of this chapter shall apply to taxicabs and liveries
which operate within Bangor City limits.
B.
The following vehicles are exempt from the provisions of this chapter
except as otherwise indicated herein.
(1)
Limousines.
(2)
Buses.
(3)
Courtesy vehicles.
(4)
Livery operators which hold a current interstate operating authority
from the Federal Motor Carrier Safety Administration and the liveries
covered by such interstate operating authority.
(5)
Vehicles used solely in connection with transportation for funerals.
(6)
Vehicles being used to conduct prearranged rides on behalf of a transportation
network company by a transportation network company driver, as defined
in 24-A M.R.S.A. § 7302.
C.
No livery or limousine shall operate as a taxicab nor accept passengers
on a "hail" or walk-up basis.
No person shall operate or cause to be operated any vehicle transporting passengers for hire unless the person is operating a licensed taxicab or livery, or a vehicle qualifying as exempt under § 278-2B.
A.
It shall be unlawful for any person to operate or cause to be operated in the City of Bangor any taxicab or livery unless such taxicab or livery is covered by a business license provided for by § 278-5 of this chapter; provided, nevertheless, that it shall not be deemed to be the operation of a taxicab or livery or the causing of a taxicab or livery to be operated within the meaning of this chapter if an owner licensed to operate a taxicab or livery in any municipality which grants the same rights as are granted herein to taxicabs and liveries licensed in the City of Bangor shall, upon previous call therefor, take a passenger or passengers from Bangor to the City in which such taxicab or livery is licensed or to Bangor from the City in which such taxicab or livery is licensed.
B.
Business license. Each taxicab or livery business, whether an individual, corporation, d/b/a, limited-liability corporation, partnership, or other legal entity, shall obtain a taxicab or livery license from the City Clerk's office prior to permitting the operation of any taxicab or livery vehicles in the City. A taxicab or livery business license shall be obtained which covers all vehicles which will be used under the license. There shall be a fee for each vehicle listed on the business license in accordance with Chapter 109, Fees, of this Code. Only those vehicles listed on the business license may be used by the licensee as a taxicab or livery in the City. Vehicles can only be used for one purpose, i.e., either a taxicab or livery, and can only be listed on one license, either a taxicab business license or a livery business license.
C.
Driver's license. No person shall operate a taxicab or livery, whether
or not carrying passengers, within the City unless such taxicab or
livery is covered by a taxicab or livery business license and the
driver thereof is currently licensed by the City to operate a taxicab
or livery; except, when a taxicab or livery is clearly marked on at
least one door per side of the vehicle with a magnetic "out of service"
sign with letters no less than 2.5 inches in height, an unlicensed
driver may operate the taxicab or livery for the following purposes:
D.
Licenses nontransferable. Licenses issued hereunder are not transferable.
A.
A taxicab or livery business license shall be issued upon compliance
with the following:
(1)
Applicants shall obtain and complete application forms from the City
Clerk's office.
(2)
Every application shall be signed and verified by each of the principal
officers of the applicant if the applicant is a corporation, and in
all other cases by all persons having an actual ownership interest
in the applicant. All applications shall state the name, address,
and phone number of every person having management authority in the
business of the applicant.
(3)
Applicants shall provide a comprehensive list including the make,
model, passenger capacity, year, vehicle identification number (VIN),
taxicab or livery identification number and license plate number of
each vehicle which is to be covered by the taxicab or livery business
license.
(4)
Applicants for a taxicab business license shall obtain from the Sealer of Weights and Measures, at their own cost, a written statement that the taximeter installed in each taxicab for which the taxicab business license is sought complies with the requirements of Subsection B, below.
(5)
Applicants shall obtain from the Chief of Police, or their designee, a written statement that an inspection has been made of each taxicab or livery for which the taxicab or livery business license is sought and each taxicab or livery has been found to be safe and suitable for taxicab or livery service in accordance with Subsection D, below.
(6)
Applicants shall submit to the City Clerk the applicable items listed in Subsection A(1) through (5) above, the nonrefundable annual fee for a taxicab or livery business license as provided for in § 278-4B, a valid State of Maine motor vehicle registration certificate for each vehicle listed in Subsection A(3), and certificate(s) of insurance from a reputable insurance agency stating that the vehicles for which the taxicab or livery business license is sought are insured in accordance with Subsection E, below, and listing the City of Bangor as an additional insured.
(7)
A person or business may obtain both a livery and taxicab business
license, but there must be a separate application form and fee for
each such license. A vehicle may not be licensed nor used as both
a taxicab and a livery.
B.
Taximeters. Every taxicab shall be equipped with a taximeter tested,
approved and sealed by the Sealer of Weights and Measures which accurately
calculates no more than the maximum rates of fare hereinafter set
forth and mileage by means of clear and distinct figures which are
electronically illuminated during the period between sunset and sunrise,
and which clearly indicates the type of fare being charged, mileage
and/or time. The taximeter shall be placed so that the figures are
in plain view of all passengers. The taximeter shall be permanently
affixed to the taxicab and sealed by the Sealer of Weights and Measures.
It shall be the responsibility of the owner to submit their taxicab
or taxicabs for inspection to the Sealer of Weights and Measures.
If, upon inspection of the taximeter, the Sealer of Weights and Measures
determines that the taximeter meets the requirements of this section,
they shall issue a statement stating that the taximeter complies with
the requirements of this section.
C.
Updates. It is the responsibility of the applicant to update, in the City Clerk's office, the list of vehicles covered by the taxicab or livery business license throughout the year if any vehicles are removed from or added to the taxicab or livery business fleet. A fee will be charged for each vehicle added in accordance with Chapter 109, Fees, of this Code. The City Clerk must be notified of a vehicle being added to the fleet within 15 days of completing the taxicab or livery inspection, and before the vehicle is put in service. It is also the responsibility of the applicant to update, in the City Clerk's office, the list of licensed drivers operating their taxicabs or liveries throughout the year if drivers are hired or no longer employed by the taxicab or livery business licensee; notification must be provided within 15 days of the driver being hired or employment terminating and before the driver begins operating a taxicab or livery, and must include the driver's current address and telephone number. Failure to update the list shall result in the automatic suspension of the taxicab or livery business license until the list is updated and a reinstatement fee as set out in Chapter 109 of this Code is paid.
D.
Inspection of taxicabs and livery.
(1)
Frequency. The Chief of Police, or their authorized agent, shall
have the authority to inspect, or cause to be inspected, any and all
taxicabs and liveries so as to ensure that any taxicab or livery is
safe and suitable for taxicab or livery service as follows:
(a)
Prior to issuance of any new taxicab or livery business license;
(b)
Once each calendar year prior to the renewal of any existing
taxicab or livery business license;
(c)
Prior to adding a taxicab or livery to a taxicab or livery business
license; and
(d)
At any other time, at the discretion of the Chief of Police
or their authorized agent.
(2)
Scope. During any taxicab or livery inspection, the Chief of Police
or their authorized agent shall inspect each taxicab or livery and
find that such vehicle:
(a)
Has a valid State of Maine motor vehicle registration certificate.
(b)
Has a valid State of Maine inspection sticker placed on the
windshield in accordance with state law issued the same month or the
month immediately preceding the inspection by the Chief of Police,
or their designee.
(c)
In the case of a taxicab, is equipped with a sealed taximeter placed in accordance with Subsection B of this section.
(f)
Has a "no smoking" sign clearly visible on all passenger windows
inside the taxicab or livery.
(g)
Is in a clean and sanitary condition, inside and out, with no
unsightly soil spots.
(h)
In all other respects is safe and suitable for taxicab or livery
service.
(i)
Complies with the following standards:
[1]
No dents larger than six inches in diameter.
[2]
No missing or hanging mirrors, trim or body work.
[3]
No cracks in the windshield or windows.
[4]
No missing hubcaps.
[5]
No visible primer paint.
[6]
All original and replacement parts and components of the vehicle
are similar in appearance and are of the same color or design.
[7]
No rust greater than one inch in diameter.
[8]
No loose trash or large amounts of dirt or sand in the interior
passenger area, whether or not the area is currently occupied by a
passenger.
[9]
No visible tears in carpeting or seat upholstery.
[10]
No unpleasant odors or strong fragrances inside.
[11]
Seat belts for all passenger seats visible and in working order.
[12]
Two operating doors affording direct entrance and exit to and
from the passenger compartment.
(j)
A taxicab or livery shall at all times be maintained in compliance
with the laws of the State of Maine relating to passenger vehicles
and the rules and regulations of the State Commissioner of Transportation
enacted pursuant thereto.
(3)
The City Clerk shall issue a nontransferable Bangor taxicab or Bangor livery inspection sticker to each taxicab or livery inspected under this section, valid for one year from the date of issue, unless the vehicle is added to a taxicab or livery business license after the initial date of issuance of said license, in which case the vehicle inspection sticker will expire upon expiration of the taxicab or livery business license. All taxicabs and liveries operating in the City of Bangor shall display said stickers in accordance with § 278-8.
E.
Insurance. Each taxicab or livery shall be insured for the period
over which the taxicab or livery business license is to remain in
force, insuring persons and property from liability for injuries and
damages resulting from the use and operation of such taxicab or livery.
Such insurance policy or coverage shall be issued in an amount or
amounts sufficient to meet state law requirements.
F.
Termination and expiration of taxicab or livery business license. Unless revoked or suspended under § 278-15 or 278-16 of this chapter, each taxicab and livery business license shall expire on the 15th day of May next after the date of issuance; provided, however, that any new application filed between May 1 and May 15 and approved shall be valid until May 15 of the following year.
G.
It shall be a violation of this chapter for any taxicab or livery business, or the owner thereof, to allow any person not holding a valid City of Bangor taxicab or livery driver's license to operate a taxicab or livery licensed as part of their fleet, unless under the conditions specified in § 278-4C.
A.
Every dispatch center shall, on the first day of January and July
of each year, file with the City Clerk a current list of all taxicab
and livery companies and owners for whom the dispatch center provides
dispatching services.
B.
Every taxicab or livery company or owner shall, on the first day
of January and July of each year, file with the City Clerk a current
list of its taxicab and livery drivers.
C.
Every taxicab or livery company or owner shall, on the first day of January and July of each year, file with the City Clerk a current list of its taxicabs or liveries, including the make, model, passenger capacity, year, vehicle identification number (VIN), taxicab or livery identification number as required by § 278-8D and license plate number of each vehicle which is covered by the taxicab or livery business license.
It shall be unlawful for any person to operate any taxicab or
livery for hire without first obtaining a taxicab or livery driver's
license.
A.
Fees. If a person has not previously held a City of Bangor taxicab or livery driver's license or if a person is renewing an existing license after the 15th of the month in which such license shall expire, the nonrefundable new/late licensing fee shall be as set forth in Chapter 109, Fees, of this Code. Any person renewing an existing taxicab or livery driver's license between the first and 15th of the month in which such license shall expire shall be charged a nonrefundable renewal fee as set forth in Chapter 109 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Application and issuance.
(1)
An application for a taxicab or livery driver's license shall be
made upon forms furnished by the City Clerk and shall be signed in
front of the City Clerk by the applicant. The application shall require
the applicant to set out the following information:
(a)
That the applicant is 18 years of age or older.
(b)
That the applicant has held a valid driver's license for more
than two years.
(c)
Current contact information, including home and work address,
and home, work and cell telephone numbers, and email address if available.
(d)
Maine driver's license number.
(e)
List of all states in which the applicant has resided over the
past seven years.
(f)
List of all criminal convictions from any and all jurisdictions,
not including convictions for crimes committed as a juvenile.
(g)
Whether any driver's license held by the applicant is presently
revoked or has been revoked during the three years preceding the application
and the reasons for such revocation(s).
(h)
The applicant's signature certifying that all information provided
is complete and accurate and that the applicant understands the taxicab
and livery driver rules.
(i)
Any other information requested by the City Clerk, Chief of
Police, or City Council.
(2)
Before such license shall be issued by the City Clerk, the application
must be approved by the Chief of Police, or their designee, and the
applicant must:
(a)
Present a valid State of Maine driver's license;
(b)
Demonstrate to the City Clerk that they can read, write and
speak the English language;
(c)
Present the taxicab or livery driver's license to be renewed,
if renewal is sought;
(d)
Pay the nonrefundable annual fee for a taxicab driver's license as required under § 278-7A above;
(e)
In the case of a new application, have their photograph taken at a place, time and date designated by the Chief of Police, or their designee, for City photo identification to be displayed as provided in Subsection C, below. In the case of a renewal application, the applicant must present their City photo identification;
(f)
Demonstrate to the Chief of Police, or their designee, that
the applicant is competent to operate a motor vehicle safely and in
accordance with all applicable traffic laws and ordinances. In determining
whether the applicant is competent to operate a motor vehicle safely
and in accordance with law, the Chief of Police, or their designee,
shall consider factors including but not limited to whether the applicant
has any of the following:
(g)
Satisfy the Chief of Police, or their designee, that the applicant
is at present of such good moral character that the applicant can
be trusted with the safe care and custody of taxicab passengers. In
determining whether the applicant is of "good moral character," the
Chief of Police, or their designee, shall consider factors, including,
but not limited to, the following:
[1]
Whether the applicant has been convicted at any time of murder,
manslaughter, or a Class A, B, or C crime against a person;
[2]
Whether the applicant has been convicted within the past seven
years of operating under the influence of drugs or alcohol, fraud,
a sexual offense, use of a motor vehicle to commit a felony, a crime
involving property damage or theft, an act of violence or an act of
terror, a drug-related crime, criminal threatening, or harassment;
and
[3]
Whether the applicant made any false statement or omission on
the application or in the course of the application process;
(h)
No license will be issued until the results of the State Bureau
of Investigation (SBI) criminal background check are received and
found to be acceptable by the Chief of Police, or their designee;
(i)
Have no outstanding warrants of arrest in Maine or any other
jurisdiction; and
(j)
Not be a convicted sex offender who is required to register
as a sex offender within the State of Maine or is on the national
sex offender registry.
C.
Identification tag. Upon the issuance of the taxicab or livery driver's
license, the Chief of Police, or their designee, shall also deliver
to the licensee an identification tag containing the applicant's photograph.
The identification tag shall be worn in a conspicuous place on the
licensee's uniform at all times while operating a taxicab within the
City of Bangor. Failure to display the identification tag in a conspicuous
place at all times constitutes ground for license revocation.
D.
Expiration of taxicab or livery driver's license. Unless suspended
or revoked under this chapter, all taxicab and livery driver's licenses
shall expire annually on the last day of the month in which the license
was issued. Any license renewed within three months following the
expiration of the license will expire the following year on the last
day of the month in which the license was originally issued. Any license
renewed more than three months after its expiration will be treated
as a first-time license.
E.
Record of denial. The City Clerk shall make and keep a written record
of every decision to deny an application for a taxicab driver's license.
Records of denial shall be kept for three years from the date of denial.
A.
Name and logo. Every taxicab and livery shall have the name of the
owner or the owner's dispatch center or trade name and, in the case
of a taxicab, the word "taxicab" or "taxi" or "cab," or, in the case
of a livery, the word "livery" permanently placed on the exterior
of one door on each side of the vehicle, or, in the case of livery
said doors or each rear fender of the vehicle, in letters at least
two inches high. In lieu thereof, a logo or monogram, approved by
the Chief of Police, or their designee, containing the same information
and being not less than eight inches in diameter, shall be permanently
placed on one door on each side of the taxicab or livery.
B.
Lights. In addition to the outside lights required by law, all taxicabs
shall be equipped with an identifying light attached to the top of
each taxicab. Such identifying light shall be constructed in one unit
consisting of an illuminated plate or cylinder upon which is printed
the word "taxicab" or "taxi" or "cab" or the name of the taxicab business.
The overall dimensions of such identifying light shall not exceed
eight inches in height and 23 inches in length. Other than the outside
lights required by law, a livery vehicle is prohibited from having
an exterior light.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Identification sticker. Every taxicab or livery inspected to operate
in the City of Bangor shall display a valid Bangor taxicab or livery
sticker on the front windshield adjacent to the state inspection sticker.
D.
Identification number. Every taxicab or livery licensed to operate
in the City of Bangor shall display their taxicab or livery identification
number, on the rear of the vehicle and on the exterior by the door
handles in letters and numbers at least two inches high. Identification
numbers must be in numerical order starting with "1" and must be filed
and updated with the City Clerk.
E.
Taxicab contact number. Every taxicab licensed to operate in the
City of Bangor shall display a telephone number for the taxicab business
or dispatch center on the rear and each side of the vehicle in numbers
at least two inches high.
F.
Notice to the public. Every taxicab and livery shall display a card,
provided by the City Clerk's office, in clear view of all passengers,
in the passenger compartment, illuminated between the hours of sunset
and sunrise, displaying the following rules and information:
(1)
For taxicabs only, maximum fare schedule;
(2)
Smoking is prohibited in any taxicab or livery vehicle and failure
to comply will result in a fine;
(3)
Taxicab or livery identification number; and
(4)
Contact information passengers can use for reporting any violations
or misconduct observed during taxicab or livery transportation.
A.
Fares to be collected from any taxicab passenger or passengers shall
be no greater than that shown on the taximeter, and no owner or driver
shall charge rates to such passenger or passengers for taxicab services
within the limits of the City of Bangor greater than the following:
[Amended 6-13-2022 by Ord. No. 22-198]
B.
Provided, however, that in addition to the rates of fare permitted under Subsection A(1) and (2) above, a fare of not more than $0.35 per minute may be charged in the event that any taxicab is forced, by reason of traffic conditions or other circumstances beyond the driver's control, to stop or travel at a speed of less than 10 miles per hour.
[Amended 4-9-2019 by Ord.
No. 19-122]
C.
All taxicabs operated under a license granted by the City of Bangor must display the notice to the public card provided by the City of Bangor, which sets forth the maximum rates permitted under this chapter, as outlined in § 278-8. Maximum rates, including for the initial 1/6 mile, for each additional 1/6 mile, and for wait time, shall also be permanently placed on the exterior of one door or fender on each side of the taxicab in letters at least one inch high.
D.
Additional passengers. If there is more than one passenger having
the same origin and destination, each passenger may be charged not
more than an equal proportionate part of the charges shown on the
taximeter. At the option of the owner of such taxicab, an additional
charge of not more than $0.25 may be made for each additional passenger
having the same origin and destination as the first passenger. If
there is more than one passenger and the destinations are different,
each passenger may be charged not more than their equal proportionate
part of the difference between the amount then shown on the taximeter
and the amount shown by the taximeter at the next preceding stop.
E.
Waiting time. If the taxicab waits for the passenger after the taxicab
has arrived at the place of origin, at the expiration of five minutes
after such taxicab has arrived or after being requested to wait by
the passenger, whichever comes sooner, the passenger may be charged
not more than a maximum rate of $21 per hour, or any such fraction
thereof, as the actual waiting time bears to one hour. No charge shall
be made for waiting time in advance of the time at which the taxicab
is required in the request for the taxicab service, nor for the delay
due to the inefficiency of the taxicab or its operation, nor for mileage
or time other than proceeding in the most direct way to the destination.
[Amended 5-23-2016 by Ord. No. 16-184]
F.
Hand luggage. Hand luggage shall be carried free of charge.
G.
Surcharge. The Bangor City Council may, by order, authorize the levy
of a surcharge per trip in addition to the fare authorized by this
section where it determines that such surcharge is warranted by conditions
beyond the control of taxicab drivers and companies and where such
conditions affect the cost of providing taxicab services.
H.
No taxicab or livery driver shall engage in barter with a passenger
in lieu of the arranged compensation.
The owner or licensed operator of a taxicab or livery shall
keep daily records of all trips made by such vehicle, the beginning
and end time and place of each trip, and the amount of payment received,
not including any tip or gratuity given voluntarily by the customer.
Such records, upon demand, shall be open to inspection by the City
Clerk or any police officer. Said records shall be kept for a period
of not less than three years.
A.
Taxi stands. The Chief of Police, or their designee, by and with
the consent of the City Manager, is hereby empowered to assign, to
each and every licensed taxicab owner, suitable taxi stand space on
public streets and ways.
B.
Passenger soliciting. No driver of a taxicab shall solicit any passenger
or passengers within 50 feet of an established taxicab stand except
while parked in said stand.
To facilitate the safe, orderly and professional provision of
taxicab and livery services, taxicab and livery drivers are required
to follow these guidelines:
A.
Cell phones. Taxicab and livery drivers shall not use their cell
phone while transporting a passenger unless it is an emergency or
to receive calls from dispatch or customers.
B.
Appearance. Every taxicab or livery driver operating a taxicab or
livery that is in service shall be suitably and professionally dressed,
and neat and clean in appearance. No clothing which is ripped or torn
or has a large or unsightly stain is permitted. Gym or workout shorts
or pajama pants are not permitted. Footwear must be closed-toe and
clean.
C.
Personal hygiene: Taxicab and livery drivers will maintain good personal
hygiene.
A.
No person, including but not limited to taxicab and livery operators
and passengers, may smoke in a taxicab or livery at any time, including
times when there are no passengers in the vehicle or when the vehicle
is not in operation as a taxicab or livery.
B.
Notwithstanding § 278-13A above, if allowed under state law, an owner of a taxicab or livery who is also the sole operator of the taxicab may smoke in the taxicab or livery as long as they do not do so while the vehicle is in operation as a taxicab or livery or less than an hour before or after the vehicle is in operation as a taxicab or livery.
A copy of the taxicab or livery business license issued for
a taxicab or livery must be kept inside the vehicle. The taxicab or
livery driver's license issued to the driver of that taxicab or livery
shall be conspicuously displayed on their person.
A.
Automatic revocation.
(1)
Conviction of a crime. No taxicab or livery driver's license shall
be valid for purposes of this chapter upon the licensee's conviction
of a crime listed in § 278-7(B)(2)(g). It is the responsibility
of the driver and business owner employing said driver to notify the
City Clerk of any such conviction.
(2)
Conviction of motor vehicle violations. No taxicab or livery driver's
license shall be valid for the purposes of this chapter upon conviction
of three or more motor vehicle violations during a license year, or
one major moving violation as defined in § 278-7(B)(2)(f)[2].
It is the responsibility of the driver and business owner to notify
the City Clerk of any such convictions.
B.
Automatic suspension. No taxicab or livery driver's license shall
be valid for the purposes of this chapter during any period in which
the state driver's license of the licensee is suspended or revoked.
It is a violation of this chapter for a licensee to continue to operate
a taxicab or livery vehicle after suspension or revocation of their
state driver's license. It is the responsibility of the driver and
business owner employing said driver to notify the City Clerk of any
such suspension or revocation.
C.
Grounds for suspension or revocation of driver's license. In addition to the grounds for denial of a taxicab driver's license set forth in § 278-7B, which are also grounds for suspension or revocation of a license, a taxicab or livery driver's license shall be subject to suspension or revocation upon a determination that the licensee:
(1)
Knowingly took a longer route to their destination than was necessary
unless so requested by the passenger, provided that longer routes
may be necessary due to traffic, construction, detours, accidents,
weather, road conditions, and other reasonable factors;
(2)
Knowingly conveyed any passenger to a place other than that which
the passenger or paying party specified;
(4)
In the case of a livery driver, picked up or attempted to pick up
a passenger on the street or in a public place, without an agreement
arranged in advance for such pickup, the burden shall be on the livery
business or driver licensee to show the existence of such a prearranged
agreement;
(5)
Transported any person in addition to or other than the passenger
first engaging the taxicab or livery without the express consent of
the original passenger;
(6)
Drove a taxicab or livery when the licensee was not clean and neat
in appearance;
(7)
Drove a taxicab or livery that was out of compliance with any of
the provisions of this chapter when the licensee knew or should have
known it was out of compliance;
(8)
Refused to transport any orderly person upon request, unless the
taxicab or livery was already engaged, or unless, three or more times
in the previous six months, a person has failed to appear to be transported
from the requested address or when the call for transport was made
from the same phone number. Examples of a person who is not orderly
may include someone who is aggressive, or excessively dirty or unhygienic.
Drivers are not required to assist passengers in entering or exiting
their vehicle;
(9)
In the case of a taxicab driver, charged more than the maximum fare
specified in this chapter;
(10)
Failed to carry change sufficient to make change for a twenty-dollar
bill;
(11)
Violated the no-smoking section of this chapter more than two
times within a twelve-month period;
(12)
Removed or obscured any notice or decal required to be posted
in the taxicab or livery by this chapter;
(13)
Was convicted of a crime in any jurisdiction; or
(14)
Acted in an aggressive, threatening, verbally abusive or disorderly
manner while engaged in taxicab or livery services.
D.
Grounds for suspension or revocation of business license. In addition to the grounds for denial set forth in § 278-5, which shall also be grounds for suspension or revocation of a license, a taxicab or livery business license shall be subject to suspension or revocation upon a determination that the owner or manager of the taxicab or livery business:
(1)
Caused another person to transport any person in addition to or other
than the passenger first engaging the taxicab or livery without the
express consent of the original passenger;
(2)
Caused another person to refuse to transport any orderly person upon
request unless, in the case of business operating a single taxicab
or livery, the taxicab or livery is engaged, or, in the case of a
business operating more than one taxicab or livery, all vehicles were
then engaged; or unless, three or more times in the previous six months,
a person has failed to appear to be transported from the requested
address or when the call for transport was made from the same phone
number. Examples of a person who is not orderly may include someone
who is aggressive, or excessively dirty or unhygienic. Drivers are
not required to assist passengers in entering or exiting their vehicle;
(3)
In the case of a taxicab business, caused or allowed a passenger
to be charged more than the maximum fare specified in this chapter;
(4)
Removed, or obscured, or caused to be removed or obscured from a
taxicab or livery the notice or decal required to be posted in the
vehicle by this chapter;
(6)
Operated, or any person employed by such licensee operated, a taxicab
or livery without a current and valid taxicab or livery driver's license;
(7)
Operated, or any person employed by such licensee operated, a taxicab
or livery which is not covered by a current and valid taxicab or livery
business license;
(8)
Operated, or any person employed by such licensee operated, a taxicab for which the telephone number required under § 278-8E at any time did not ring through to a person capable of dispatching a taxicab; provided that the number may ring through to an answering machine or voice mail if the caller is then directed to call a number that does ring through to a person capable of dispatching a taxicab. This § 278-15D(8) shall not be grounds for suspension or revocation of a taxicab or livery business license if the failure to ring through to a person capable of dispatching a taxicab is due to severe weather conditions or unexpected illness or injury;
(9)
Operated a taxicab or livery business after there had been repeated
violations by the driver(s) employed by the licensee which resulted
in three or more suspensions of the same driver, or five or more suspensions
of employees of the licensee, within any three year period; or
The Board of Appeals may suspend or revoke a taxicab or livery driver's license or taxicab or livery business license for the grounds listed in § 278-15C or D according to the following procedure:
A.
The Chief of Police, or their designee, shall give notice in writing
of the grounds for suspension or revocation of the license. Said notice
shall be directed to the licensee and the City Clerk.
B.
Upon receipt of the notice, the City Clerk shall notify the Chair
of the Board of Appeals, who shall take action to have the matter
heard at a regular or special meeting of the Board of Appeals within
40 days of the City Clerk's receipt of the notice. Before the hearing,
the City Clerk shall notify the licensee, the Board of Appeals members,
the Chief of Police or their designee, and any appropriate members
of City staff of the time and place of the hearing.
C.
The hearing shall be conducted in accordance with the following:
(1)
The Chief of Police, or their designee, shall be heard first to present
the grounds for suspension or revocation of the license. The licensee
shall then present their position in response.
(2)
All parties shall be given the opportunity to be represented by an
attorney or other spokesperson.
(3)
Evidentiary and presentation standards shall be as set in 30-A M.R.S.A.
§ 2691, Subdivision 3D.
(4)
A hearing shall not be continued to another time except for good
cause.
D.
After the hearing, the Board of Appeals may suspend a taxicab or livery driver's license or taxicab or livery business license for a period of up to one year or revoke said license if it finds that the grounds for suspension or revocation presented by the Chief of Police, or their designee, were sufficient to warrant suspension or revocation and were consistent with this chapter, including but not limited to § 278-15. Notice of suspension or revocation of a taxicab or livery driver's license shall be sent to the driver and to the business for which the driver works. Notice of suspension of revocation of a taxicab or livery business license shall be sent to the business.
A.
If a law enforcement officer determines that there is a violation
of this chapter which poses a threat to the health or safety of passengers, they
may order the taxicab or livery to be removed from service immediately
and may remove or order removed from the vehicle the taxicab or livery
inspection sticker. The Chief of Police or their authorized agent
shall make themselves available for a reinspection of the vehicle
no more than three business days thereafter. If, upon appeal of the
law enforcement officer's determination that there was a threat to
the health or safety of passengers, it is found that there was no
such threat, the inspection sticker shall be replaced at no cost.
B.
If a law enforcement officer determines that there is a violation of this chapter that is not directly linked to the health or safety of passengers, then the officer may issue a written order to correct the violation within 30 days; if, after 30 days, the taxicab or livery does not pass reinspection, an officer may order the vehicle to be removed from service. There shall be a fee as set in Chapter 109, Fees, of this Code for each reinspection of any taxicab or livery ordered removed from service hereunder.
C.
A law enforcement officer may immediately order any taxicab or livery that fails to display the decal required by § 278-8C be removed from service until said decal is displayed.
D.
The Chief of Police or their authorized agent, at their discretion,
may require a licensee to present a taxicab or livery for inspection.
The driver of any taxicab or livery shall, upon demand by the
passenger, render to such passenger a receipt for the amount paid.
Such receipt shall bear the name of the owner, the name of the driver,
the date of transaction and the amount paid.
The refusal of any passenger to pay the legal fare as shown on the taximeter of a taxicab shall be unlawful, and, upon conviction therefor, shall be subject to such penalties provided for in § 278-20 of this chapter.
Violations of this chapter shall be subject to the penalties
of 30-A M.R.S.A. § 4452. Any such fine may be in addition
to the provisions of this chapter providing for the suspension or
revocation of the taxicab or livery business license and the taxicab
or livery driver's license. In the case of a suspension or revocation,
both the license and the right of the licensee to apply for or renew
a license are suspended or revoked. A licensee whose license is revoked
cannot apply for a new/renewal license for one year. If a license
is denied, the applicant may not reapply for six months thereafter.
Suspensions and revocations issued by the Board of Appeals may last
up to one year from the date of suspension or revocation.
A.
Any person aggrieved by a denial by the City Clerk of an application for a taxicab or livery business license or a taxicab or livery driver's license filed under § 278-5 or 278-7 of this chapter, or removal of a vehicle from service or a violation notice under § 278-17, may appeal said denial, removal or violation notice to the Board of Appeals, subject to the following:
(1)
Notice of said appeal shall be in writing, shall state briefly the
grounds therefor, shall be directed to the Board of Appeals, and shall
be filed with the City Clerk not more than 15 days after notice of
said denial has been received by the applicant. No fee shall be required
for the appeal.
(2)
Upon receipt of a notice of appeal, the City Clerk shall immediately
notify the Chair of the Board of Appeals, who shall take action to
have it heard at a regular or special meeting of the Board of Appeals
within 40 days of receipt of the notice. Before the hearing, the City
Clerk shall notify the applicant, the Board of Appeals members, and
any appropriate members of City staff of the time and place of the
hearing.
(3)
The hearing shall be conducted in accordance with the following:
(a)
The appellant's case shall be heard first. The City Clerk or
other City representative shall then present the position of the City.
(b)
All parties shall be given the opportunity to be represented
by an attorney or other spokesperson.
(c)
Evidentiary and presentation standards shall be as set in 30-A
M.R.S.A. § 2691, Subdivision 3D.
(d)
A hearing shall not be continued to another time except for
good cause.
(4)
Decisions and notices of decisions shall be rendered in public in
accordance with 30-A M.R.S.A. § 2691, Subdivision 3E. This
decision must be based solely on evidence presented at the hearing.
