[HISTORY: Adopted by the City Council of the City of Lebanon 4-19-2017 by Ord. No. 2017-01; effective 4-19-2017. Amendments noted where applicable.]
The following rules and regulations constitute a chapter for the proper regulation and control of passenger vehicles for hire operating within the governmental jurisdiction of the City of Lebanon as it is in the public interest and necessary to protect the public safety and welfare and to assure that operators and drivers be properly regulated, licensed, inspected and insured regarding the operations of public conveyances in the City of Lebanon.
The rules and regulations contained herein pertain to the operations of all passenger vehicles for hire operating within the City of Lebanon and shall apply to any person, firm, corporation or association engaged in such activity or business.
As used in this chapter, the following terms shall have the meanings indicated:
- DESIGNATED CITY DEPARTMENT
- The City Manager shall, at his/her discretion, assign any City department to administer the provisions of the Lebanon City Code Chapter 117 (Passenger Vehicles for Hire) which provide any responsibilities to said designated City department. The City Manager shall provide notice to all registered operators and City departments if the City Manager decides to change the assignment of these responsibilities under the City's Code to another City department.
- The person in actual control of a passenger vehicle for hire.
- Any person owning, in charge of or managing a passenger vehicle for hire business or company in the City.
- OTHER VEHICLES FOR HIRE
- Any nonmotorized wheeled device similar to, but not limited to, wagons, carriages, carts, rickshaws, or similar devices, pulled or propelled by human, horse, or other animal(s) for the transportation of passengers and to be driven for hire.
- PASSENGER VEHICLE FOR HIRE
- Any taxicab or other vehicle for hire.
- Any rubber-tired motor vehicle, having a manufacturer's rated capacity of not more than seven passengers, used in the call and demand transportation of passengers for compensation to or from points chosen or designated by the passengers and not operated on a fixed schedule, between fixed termini, or any such vehicle leased or rented, or held for leasing or renting, with or without driver or operator.
All passenger vehicles for hire conducting business within the City of Lebanon shall obtain an annual permit and permit sticker from the City of Lebanon. Every person engaged in the business of operating passenger vehicles for hire shall pay an annual permit fee per vehicle and a permit sticker fee per vehicle as dictated in Subsection C. Annual permit and sticker fees must be paid on or before the expiration date of July 31 of the calendar year. Anyone renewing after July 31 will be responsible for an additional new applicant fee as dictated in Subsection C.
All new applicants approved for a permit shall pay an applicant fee as dictated in Subsection C. This fee will be paid one-time only, unless the licensee's permit is allowed to expire or is revoked.
Every person engaged in driving passenger vehicles for hire shall be at least 18 years of age and hold a valid driver's license in their state of residence for the class of vehicle they are driving. In addition, all drivers shall have an identification plate issued by the respective operator, including photograph, which shall be displayed and available for review in the vehicle at all times.
No person shall operate passenger vehicles for hire, or cause them to be driven for the transportation of persons within the City unless the person shall have first presented and deposited to the designated City department an insurance policy certificate covering each vehicle to be operated by the licensee for the duration of the license. The limits of such policy shall be not less than $100,000 for any one person and $300,000 for any one accident in respect to public liability and $100,000 for property damage. It is the responsibility of the operator to ensure notification of renewal is provided to the designated City department prior to the expiration of the current yearly policy. It shall be the obligation of the insurance company or its agent to notify the designated City department immediately, in writing, of any cancellation or lapse of any policy. A letter of renewal in progress from a licensed insurance agent shall be accepted as proof of insurance in the interim between expiration of policy and provision of policy.
Applications for a passenger vehicle for hire permit shall be made to the designated City department upon forms provided for this purpose by the City and shall set forth the name and address of the applicant, the company trade name, type and make of the vehicle, state registration number, vehicle identification number (VIN), and any other information which may be required or applicable.
All operators of passenger vehicles for hire shall conduct criminal background and motor vehicle record checks, if applicable, for all drivers to determine each individual's legal ability to drive such passenger vehicles for hire. Such records shall be kept on file by the operator.
Inspection of a vehicle proposed for permit is required to meet the standards of the State of New Hampshire inspection guidelines. A form will be supplied by the City and must be signed by an authorized New Hampshire inspection agent prior to the issuance of a permit.
Permits for the operation of passenger vehicles for hire within the City shall be nontransferable but in such case as a permitted passenger vehicle for hire must be replaced temporarily, a temporary permit may be issued by the designated City department. This temporary permit will be valid for 30 days from issuance and may be renewed no more than one time. A temporary permit fee as dictated in § 117-4C shall be required. The replacement vehicle shall have to meet the same standards of inspection as the original.
The operation of passenger vehicles for hire and maintenance of stands at the Lebanon Airport shall be subject to such additional rules, regulations, and fees as may be imposed by the Airport Manager. However, operators maintaining passenger vehicles for hire and stands at the Airport shall, in the first instance, meet the specific requirements of this chapter. See also Chapter 8, Airport Operations.
Revocation. The permit of any operator violating the provisions of this chapter, or permitting the same to be violated, or who falsifies any application willfully shall be subject to permit revocation by the Chief of Police. Permit revocation shall only take effect after an administrative hearing is held by the City Manager. A written notice sent by certified mail to the operator shall be given at least five days prior to such hearing.
Suspension. Any permit issued by the City may be suspended by the Chief of Police. Causes for such suspension are as follows: violating the provisions of this chapter, or permitting the same to be violated, or falsifying any application willfully, or allowing a driver to continue to operate a passenger vehicle for hire after that driver has been arrested for a criminal charge arising out of or associated with the motor vehicle laws of the State of New Hampshire, and such alleged offense may pose a danger to the public at large. A notice of suspension shall be sent to the operator by certified mail, return receipt requested, or delivered in hand, stating the reasons for suspension. The notice shall provide for an appeal of this suspension, upon written request by the driver or operator, to occur by an administrative hearing conducted by the City Manager. The suspension period shall not exceed 30 days, within which time the conditions causing the suspension must be corrected. Failure to effect corrections shall be cause for revocation.
Upon showing good faith and compliance with the conditions for correction to the Lebanon Police Department as requested within the time specified in the notice of suspension, the permit may be restored to the operator by the Chief of Police at any time.
No operator or driver whose permit has been suspended or revoked shall fail, refuse or neglect to surrender the permit certificate to any police officer demanding it nor shall any person conceal or destroy any permit certificate.
No operator or driver shall conduct any passenger vehicle for hire business during any period in which the permit therefore is suspended or revoked until such permit is restored. A Lebanon police officer may issue a violation for each occurrence of this type of activity. Penalty amounts may be found in § 117-4D.
It shall be the duty of operators of passenger vehicles for hire to display the permit decal in a conspicuous place upon the rear of each vehicle and have permit certificates readily available for inspection upon demand by authorized enforcement officials at all times. A copy of such certificate will suffice in the vehicle; the original may be kept in a safe place by the operator. If a vehicle is found to be in violation of this provision, a Lebanon police officer may issue a violation for each occurrence of this noncompliance. Penalty amounts may be found in § 117-4D.
Any trade name, design, scheme, or method of painting or lettering (identification) on vehicles operating as passenger vehicles for hire must be prominently displayed on each operating vehicle. "Prominently displayed" means the identification is plainly visible and legible from either side of the vehicle and from a distance of 50 feet during daylight hours while stationary. The identification (doing business as company name) shall be the same as indicated on the City of Lebanon permit.
Passenger vehicles for hire operating within the City of Lebanon shall be kept in safe and sanitary operating condition at all times and shall at all times meet the standards established for the inspection of motor vehicles by the laws of the State of New Hampshire. Any passenger vehicle for hire found in service within the City of Lebanon in violation of this section may be immediately suspended from operation as a passenger vehicle for hire, or grounded if unsafe, by a Lebanon police officer until such violations are repaired/corrected to the State of New Hampshire's standards. Once shown that such vehicle meets all requirements, the passenger vehicle for hire shall be reinstated by the Lebanon Police Department.
The Chief of Police may, upon an official complaint filed with the Lebanon Police Department and sufficient cause, call for the inspection of any passenger vehicle for hire operating within the City of Lebanon. The purpose of the inspection shall be for the maintenance of safety and sanitary conditions of vehicles. Failure to present a passenger vehicle for hire for periodic inspection at the Chief's request shall be cause for suspension or revocation of the permit.
No operator or driver of any passenger vehicle for hire shall, in any case, pick up additional, nonassociated adult passengers when the passenger vehicle for hire is already engaged in transporting children under 16 years of age unattended by an adult in the vehicle.
Per RSA 155:66 VII, smoking is prohibited in public conveyances (including, but not limited to, airplanes, trains, buses, boats, vans, or taxis.) An exception to this is public conveyances rented for private purposes (RSA 155:67 I). Violation of this section constitutes a violation and is subject to a fine of not less than $100.
No driver of a passenger vehicle for hire shall refuse to provide transportation to any individual based upon race, color, national origin, religion, gender, sexual affiliation, age or creed.
The drivers of passenger vehicles for hire shall not carry more passengers in their vehicles than the seating capacity as listed in the manufacturer's vehicle specifications.
It shall be the responsibility of the passenger vehicle for hire companies to establish a policy for the return of lost or mislaid property left in vehicles for hire. Said policy shall endeavor to return such property to its owner as soon as possible.
All passenger vehicle for hire operators or drivers shall keep records of trips, fares and destinations and such records shall be kept for a period of six months.
It shall be the duty of the Chief of Police of the City of Lebanon to enforce or cause to be enforced any and all provisions of this chapter. Whoever violates any of the provisions of this chapter may be subject to a violation being issued by a Lebanon police officer in accordance with § 117-4D.