The general power to license and prescribe license fees
is contained in R.S. 40:52-1, et seq. Licensing is also part of the
general police power granted by R.S. 40:48-1, et seq. Taxicabs must
also comply with the requirements of R.S. 48:16-1, et seq.
As used in this chapter:
shall mean and include any automobile or motor car, commonly
called taxi, engaged in the business of carrying passengers for hire
which is held out, announced or advertised to operate or run over
any of the streets within the borough and which particularly accepts
and discharges such persons as may offer themselves for transportation
from points or places to points or places within or without the borough.
shall mean any person who drives a taxicab within the borough.
shall mean any person in whose name title to any taxicab
is registered with the New Jersey Department of Motor Vehicles, or
who appears in such record to be the conditional vendee or lessee.
shall consist of transporting in a taxicab one or more persons
for hire along any of the streets of the borough. Accepting a passenger
to be transported for hire within the borough or from a point within
the borough to a point outside the borough or discharging a passenger
transported for hire from a point outside the borough limits to a
point within the borough shall be deemed to be operation of a taxicab
within the meaning thereof. The operation of a taxicab as above described
by one other than the owner shall be deemed operation by the owner
as well as by the person actually driving the same. The transportation
of any person other than the owner or driver in any motor vehicle
bearing a sign using the words "taxi," "taxicab," "cab" or "hack"
shall be prima facie evidence of operation.
shall mean the practice of driving about the streets of the
borough with a taxicab so as to solicit passengers or to bring the
presence of the taxicab to the attention of prospective passengers.
A taxicab driving along the streets of the borough for any purpose
other than while transporting a passenger, going to a definite destination
by the most direct route in response to a call for a taxicab by a
prospective passenger or returning by the most direct route to the
taxicab's home terminus after discharging a passenger or going
to or from the terminus to the driver's home by the most direct
route, shall be prima facie evidence of cruising.
shall mean licensed in accordance with this chapter unless
otherwise stated herein.
No person shall operate any taxicab within the borough unless
both the taxicab and the driver are licensed pursuant to this chapter
and conform to all the provisions herein.
There are hereby established two classes of taxicab licenses
to be known as "Taxicab Driver's License" and "Taxicab Owner's
License."
A taxicab driver's license shall entitle the person named
therein to operate within the borough any taxicab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked
and shall not be transferable.
A taxicab owner's license shall entitle a taxicab to be
operated in the borough by a driver duly licensed hereunder until
the license either expires or is surrendered, suspended or revoked
and shall not be transferable.
Any license issued pursuant to the terms of this chapter shall
expire at 12:00 midnight on December 31 of the year in which it is
issued unless sooner surrendered, suspended or revoked.
The number of licenses of either class issued and outstanding
at any one time shall not exceed such number as the borough council
deems sufficient to serve public necessity and convenience.
Application for the issuance or renewal of a license of either
class shall be made to the borough council on forms adopted by the
council and obtained from the borough clerk. Such form shall be designed
to elicit information respecting the identification, responsibility
and law-abiding habits of the applicant.
Each applicant for a license of any class shall supply in full
the information requested on the application and verify its correctness
by his oath or affirmation and thereafter file the completed application
with the borough clerk together with the full amount of the required
fee.
Each applicant for a taxicab driver's license shall file
with the application two photographs, each 3 1/2 inches in size,
clearly depicting the facial features of the applicant. The photographs
shall become the property of the borough and be retained with the
application form unless the license shall be issued, in which event
one of the photographs shall be permanently affixed to the license
card in the space provided.
Every applicant for a taxicab driver's license shall at
the time of filing his application be fingerprinted at such place
and by such agency as the borough council directs. An impression of
the applicant's fingerprints shall be forwarded by the borough
clerk to the Bureau of Identification of the New Jersey State Police
for a report of any criminal record, which report when received shall
be permanently affixed to the application before consideration by
the borough council.
Each applicant for a taxicab owner's license shall have
a registered business office within a radius of five miles from the
borough hall and shall have a telephone operating therein.
Every applicant for a taxicab owner's license shall submit
an insurance policy or bond as required by R.S. 48:16-3, 4 covering
the taxicab to be licensed, and shall execute and deliver to the borough
clerk concurrently with the filing of the policy or bond a power of
attorney, wherein and whereby the owner shall appoint the borough
treasurer his true and lawful attorney for the purpose of acknowledging
service of any process out of a court of competent jurisdiction to
be served against the insured by virtue of the indemnity granted under
the insurance policy or bond filed, in accordance with R.S. 48:16-5.
Upon filing of the required insurance policy or bond, the borough
clerk shall issue a certificate in duplicate showing that the owner
of the taxicab has complied with the terms of the above laws, which
certificate shall recite the name of the insurance company, the number
and date of expiration of the policy or bond, a description of the
taxicab insured and the registration number of the same. The duplicate
certificate shall be filed with the Department of Motor Vehicles before
any car is licensed as a taxicab. The original certificate shall be
posted in a conspicuous place within the taxicab.
The fee for each taxicab driver's license or any renewal
thereof shall be twenty ($20.00) dollars for each year or portion
of a year in which the license is issued or renewed. The fee for each
taxicab owner's license issued or renewed shall be one hundred
($100.00) dollars for each taxicab for each year or portion of a year
for which the license is issued or renewed, and all licenses shall
be under the charge and control of the person applying therefor and
he shall be responsible for the operation of all cars licensed to
him. The fees shall not be prorated nor any part thereof refunded
for any reason except that upon denial of an application for issuance
or renewal of a license by the borough council 50 percent of the fee
deposited shall be returned to the applicant and 50 percent shall
be retained by the borough as compensation for investigation of the
application.
The borough council may, in its discretion, refuse to issue
or renew or may, after notice and hearing, revoke or suspend a license
of either class if the applicant or licensee has once been convicted
of a crime in this or any other jurisdiction or convicted of being
a disorderly person, or of a violation of Title 39 of the Revised
Statutes of New Jersey, or who violates any provision of this chapter
or has any judgment unsatisfied of record against him arising out
of an automobile accident, or is an alien citizen of any nation at
war with the United States, or who has made false answers in his application
for such license or any renewal thereof, or who has failed to render
reasonably prompt, safe and adequate taxicab service, or who has not
complied fully with all requirements of this chapter for such class
of license.
A taxicab driver's license may be suspended or revoked
if the licensee or applicant has in any degree contributed to any
injury to person or damage to property arising out of negligent operation
of a motor vehicle, or has any communicable or contagious disease.
A taxicab owner's license may be suspended or revoked if
the motor vehicle licensed or to be licensed is by reason of unsafe
or unsanitary conditions dangerous to the safety or health of the
occupants or others, or if the insurance policy, bond or power of
attorney required by this chapter has not been furnished or kept in
force, or if the owner fails to comply with any terms or conditions
imposed by the borough council, or any law of this state.
Each applicant granted a taxicab driver's license shall
be issued a license card in a form approved by the borough council
and signed by the borough clerk. Such license card shall at all times
be prominently displayed and adequately protected in the interior
of any taxicab operated by the licensee so that the face of it is
in full view and plainly legible to any passenger seated in the rear
of the taxicab. The license card shall remain the property of the
borough and on direction of the borough council shall be surrendered
to the borough clerk. No taxicab driver's license card other
than that of the licensee actually operating the taxicab at the time
shall be displayed therein.
At the time the borough council acts on an application the borough
clerk shall pay the fee received therefor to the borough treasurer.
No taxicab shall be operated in the borough unless there is
prominently displayed in the interior thereof within full view and
access of any passengers therein, a complete list of fares, charges
or tariff rates charged for transportation of passengers, which fares,
charges or tariff rates so displayed, and no other, shall be charged
any passenger so transported.
No fares, charges or tariff rates shall be charged for transportation
of passengers within the borough in excess of the following:
No person shall park or place a taxicab on any of the streets
of the borough at any time except at such place or places as the borough
council may designate from time to time as municipal taxi stands.
No person shall cruise on the street of the borough in a taxicab
at any time for the purpose of soliciting passengers.
No taxicab or other vehicle for hire shall be parked or stopped,
nor shall the drivers thereof solicit, attempt to solicit or otherwise
seek to engage a passenger, whether the driver is in or out of the
taxicab or other vehicle, within 50 feet of a regularly operated taxicab
office or terminus, except the owner or lessee of the taxicab office
or terminus and his licensed drivers. This section is not intended
to apply nor shall it be construed to apply where the solicitation
or acts herein referred to occur at any railroad depot or railroad
station property within the borough.
No person licensed hereunder shall refuse to carry local fares
or passengers.
Every licensed taxicab shall have an illuminated sigh permanently
affixed to the roof at least 6" by 18" on both sides of which are
the words "Taxi", "Taxicab" or "Cab" in letters at least 3 1/2
inches high.
Owners and drivers of taxicabs licensed outside the borough,
or who have their principal office or place of business out of the
jurisdiction of the borough, may be allowed to drive their taxicabs
into the borough, but on specific call only, whether transporting
a passenger within the borough or from a point within the borough
to a point outside the borough, or discharging a passenger transported
from a point outside the borough to a point within the borough. The
name of the passenger so calling shall be given by the owner or driver
when requested by the borough police or other person authorized by
law. Such taxicabs shall not be parked in the borough nor shall the
drivers cruise on the streets of the borough at any time for the purpose
of soliciting passengers, nor shall they during the night or other
periods of darkness, when in the borough, permit any advertising lights
on the taxicab to remain lighted, provided that the same or similar
substantial reciprocal rights are granted to owners and drivers of
taxicabs licensed in the borough by the municipalities in which the
aforesaid owners or drivers are licensed.
Owners, operators or drivers of vehicles for hire other than
taxicabs, commonly known as "OH" cars, shall not display the word
"taxicab" or other signs which would tend to lead the public to believe
the vehicle is a taxicab as herein defined. If a "for hire" sign is
used on such vehicle, the sign or other device shall be displayed
only when the vehicle is actually engaged in transporting a passenger
for hire.
Before any vehicle is used as a taxicab within the borough,
it shall be inspected by the chief of police or a police officer designated
by him to ascertain that it is in a safe, clean and sanitary condition
and contains all safety devices required by law.
All taxicabs shall be reinspected annually. In addition, a police
officer may inspect a taxicab at any reasonable time to determine
if it is clean, sanitary and in a safe and proper operating condition.
Any taxicab which fails to pass inspection shall be immediately
taken out of service and shall not be operated again within the borough
until the defects which led to its rejection are corrected. In the
case of minor defects which do not constitute an immediate danger
to the health or safety of the public, the taxicab may continue to
operate for a period of one week, at the end of which time it shall
be reinspected. If the defect has not by then been corrected, the
vehicle shall immediately be taken out of service and shall remain
out of service until the defect is corrected.
No vehicle covered by the terms of this chapter shall be licensed
until proof has been presented that the vehicle has been inspected
and approved as required under Title 39 of Statutes of the State of
New Jersey.
The owner of each taxicab shall keep or cause to be kept a written
daily record of each trip made by the taxicab showing the date, time
and place the cab was engaged, the place and time of the discharge
of the passenger, the number of passengers carried, the fare received,
distance traveled and the driver's license number of the person
driving the cab on the trip. The records shall be kept in a place
that is convenient for a proper authorized representative of the borough
to inspect the same and the owner shall give his full cooperation
in expediting any inspection.
