[HISTORY: 1988 Code §§ 190-1 — 190-19
adopted as amended through December 31, 2013. Amendments noted where
applicable.]
The Township Council has determined not to issue any autobus/taxi
licenses as they are defined in N.J.S.A. 48:16-1.
It is the purpose of this chapter to establish rules and regulations
regarding the licensing and requirements that are applicable to limousine/livery
services. The scope of this chapter is limited to limousine/livery
services and the Township Council has determined not to issue any
autobus/taxi licenses as they are defined in N.J.S.A.48:16-1.
As used in this chapter, the following terms shall have the
meanings indicated:
Means and includes any automobile or motor car used in the
business of carrying passengers for hire to provide prearranged passenger
transportation at a premium fare on a dedicated, nonscheduled, charter
basis that is not conducted on a regular route and with a seating
capacity of no more than 14 passengers, not including the driver,
provided, that such a vehicle is certified by the manufacturer of
the original vehicle and second-stage manufacturer, if applicable,
to conform to all applicable Federal Motor Vehicle Safety Standards
promulgated by the United States Department of Transportation pursuant
to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49
CFR 567.1 et seq.). In addition, a "Vehicle Emission Control Information"
label, which contains the name and trademark of the manufacturer and
an unconditional statement of compliance with the emission requirements
of the Environmental Protection Agency, shall be present on the vehicle.
Nothing in this chapter contained shall be construed to include taxicabs,
hotel buses, buses employed solely in transporting school children
or teachers, vehicles owned and operated directly or indirectly by
businesses engaged in the practice of mortuary science when those
vehicles are used exclusively for providing transportation related
to the provision of funeral services, autobuses which are subject
to the jurisdiction of the Department of Transportation, or interstate
autobuses required by federal or State law or regulations of the Department
of Transportation to carry insurance against loss from liability imposed
by law on account of bodily injury or death.
Means and includes the business of carrying passengers for
hire by limousines.
Means and includes any individual, copartnership, association,
corporation or joint stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
Means, in reference to a municipality, the location of the
main place of business of the limousine service in the municipality
where limousine service is conducted, where limousines are dispatched,
or where limousine drivers reports for duty.
Means and includes any street, avenue, park, parkway, highway,
or other public place.
A limousine/livery service license, as authorized by this chapter,
shall entitle the holder of said license to operate one limousine/livery
service. More than one license may be issued to one applicant, provided
that each limousine/livery service will be in actual use during the
licensed year.
No owner of a limousine/livery service or other person having
direction or control of a limousine/livery service shall operate it
or permit it to be operated as a vehicle for hire or for transporting
passengers for compensation upon the streets of the Township of Wayne
unless a limousine/livery service license has first been issued for
said vehicle by the Township of Wayne. The requirements of this section
shall not apply to a limousine/livery service duly licensed by another
municipality while such limousine/livery service is being operated
in the Township of Wayne solely in response to a call to pick up a
passenger or passengers or for the purpose of delivering to a destination
or destinations within the township. No limousine/livery service shall
be permitted to cruise in the municipality for the purpose of engaging
passengers.
Every person applying for a limousine/livery service license
or a renewal or transfer thereof must be at least 21 years of age.
If a corporation, such corporation must be organized and existing
under the laws of the State of New Jersey and shall maintain a principal
place of business in the Township of Wayne. In the event the corporation
is not incorporated under the State of New Jersey then said corporation
must submit proof that it is authorized to transact business in the
State of New Jersey. The application for a license shall be filed
with the Township Clerk upon forms provided by the Township Clerk.
It shall be verified under oath and shall include, but not limited
to the following information:
A.
Name, address and age of the applicant. If the applicant is a partnership,
the names and addresses of the partners and their respective interests
in the partnership shall be given, and if a corporation, the names
and addresses of all officers, directors and stockholders shall be
given.
B.
The year, vehicle identification number, make, model and color of
the vehicle or vehicles to be licensed.
C.
The passenger capacity of the vehicle or vehicles (not including
the driver's seat).
D.
A description of the applicant's experience in the transportation
of passengers.
E.
The number of vehicles to be operated or controlled by the applicant
and the location of proposed depots and terminal points.
F.
The criminal record, if any, of the applicant; and if the applicant
is a corporation, partnership or incorporated association, the criminal
record, if any, of each person participating in the ownership or management
of the applicant as stockholder, partner, officer, manager or otherwise.
G.
Trade name, address and phone number of principal place of business
and email address.
H.
A schedule of rates to be charged by the applicant.
A.
No limousine/livery service shall be operated wholly or partly along
any street in the Township of Wayne until the owner of the limousine/livery
service shall have filed with the Clerk of the Township of Wayne an
insurance policy of a company duly licensed to transact business under
the insurance laws of this state in the sum of $1,500,000 against
loss by reason of the liability imposed by law upon every limousine/livery
service owner for damages on account of bodily injury or death suffered
by any person as the result of an accident occurring by reason of
the ownership, maintenance or use of the limousine/livery service
upon any public street.
B.
Such operation shall be permitted only so long as the insurance policy
shall remain in force to the full and collectible amount of $1,500,000.
C.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance and
use of such limousine/livery service or any fault in respect thereto
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
Limousine/livery service applicants shall comply with the provisions
of N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.7. After a limousine/livery
service license is issued, the holder thereof shall be required to
continue to comply with said statutory provisions of the State of
New Jersey.
A.
All limousine/livery service vehicles shall have/be:
(1)
A minimum of four doors, two leading into the passenger's compartment
and two leading into the driver's compartment, so constructed
that they may be opened from the inside and the outside. Each door
shall be constructed with an approved safety lock.
(2)
Upholstery covering and/or interior lining constructed of leather
or other nonabsorbent and washable material, except the roof lining.
(3)
Floor mats constructed of removable rubber or other nonabsorbent
material.
(4)
A passenger compartment light adequate to illuminate the interior
of the passenger's compartment and having a switch easily accessible
to the passenger.
(5)
Maintained clean and sanitary.
B.
No limousine/livery service license shall be issued, renewed or transferred
until the following items have been submitted:
(1)
Copy of driver's license of all persons employed by the applicant,
including the applicant.
(2)
Copy of vehicle registration for all vehicles listed on the application.
(3)
Copy of Corporation Code (corpcode) letter from N.J. Motor Vehicle
Commission.
(4)
Copy of letter of qualification from N.J. Motor Vehicle Commission
for all drivers, (if applicable).
(5)
Copy of N.J. Business Registration Certificate.
(6)
Copy of most recent inspection check list (daily log) as per N.J.S.A.
48:16-22.2.
(7)
A certification from the Zoning Officer of the Township of Wayne
that the holder of said license may maintain a limousine/livery service
depot conforming to zoning regulations of the Township.
(8)
A notarized statement from the owner of the property authorizing
the applicant to depot cars on said property.
(9)
If the principal place of business is in Wayne, but the depot for
vehicle(s) is in another municipality, then a copy of the zoning permit
or letter from that municipality indicating that said vehicles are
permitted to be in depot in their municipality is required.
No limousine/livery service license shall be transferred without
the consent of the Township Council given in writing. With such consent,
which shall be granted only upon the filing of an application by the
prospective transferee and a finding that he/she would be qualified
to receive a license in accordance with the provisions of this chapter,
the license may be transferred, provided it is to be used by the transferee
in a bona fide operation of a limousine/livery service business. No
limousine/livery service license shall be assigned, mortgaged, pledged
or otherwise transferred to secure a debt, loan, advance or other
financing transaction.
The Township Council of the Township of Wayne shall consider
all applications for limousine/livery service licenses. If it finds
that the limousine/livery service applicant meets all the requirements
of this chapter, then the Council shall direct the Township Clerk
to issue a license, which shall be numbered, stating the name and
address of the principal place of business of the licensee, identifying
the vehicle for which the limousine/livery service license is issued
and the date of issuance; and any other information as may be required
by State law and/or the Township of Wayne.
A.
A limousine/livery service license shall entitle the limousine/livery
service therein described to be operated in the Township of Wayne
until the said license either expires or is surrendered, suspended,
revoked or vehicle insurance expires, and it shall be transferable
only with the approval of the Township Council.
B.
Any license issued pursuant to the terms of this chapter shall expire
at 12:00 midnight of the 31st day of March of the year next succeeding
the year in which it was issued, unless sooner surrendered, suspended,
revoked or due to expiration of insurance.
A license under this Chapter is subject to suspension or revocation
for violating any applicable provision of the laws of the State of
New Jersey and of this Chapter or where the operation of the licensed
limousine/livery service is otherwise detrimental to the preservation
of the health, safety and welfare of the public. The licensee shall
be served with a written complaint from the Township Clerk's
Office along with a notice to appear before the Township Council for
a hearing. Such service shall be made by personal service or certified
and regular mail at least 10 days before the hearing date. The Township
Council after such hearing may suspend or revoke license.
Owners of limousines/livery services, their agents and employees
and drivers engaging in the limousine/livery service business shall
render courteous and undiscriminatory service to the public. They
shall answer all telephone calls received by them for transportation
service within the limits of the Township of Wayne as soon as they
can do so, and if such service cannot be rendered within a reasonable
time, they shall notify the prospective passenger when a limousine/livery
service vehicle will be available to serve him. Limousine/livery service
owners must post in the limousine/livery service vehicle a schedule
of rates to be charged, and upon inquiry the limousine/livery service
driver shall be required to state the rates.
No limousine/livery service vehicle covered by the terms of
this chapter shall be operated at any time in the Township of Wayne
unless it is in good repair and in sound condition to provide safe
and dependable transportation.
No driver of any limousine/livery service vehicle shall permit
persons to be carried in a limousine/livery service vehicle as passengers
in excess of the seating capacity of the limousine/livery service
vehicle as stated in the license application.
A.
Fees as provided in Chapter 75, Fees, shall be paid to the Township of Wayne at the time any license required by this chapter is applied for.
B.
No fee shall be refunded because the license applied for is denied,
suspended or revoked.
C.
Applications for renewal licenses shall be filed not later than March
1.
All licenses issued under this Chapter are subject to a $25.00
late fee if the license is not renewed by the expiration date of the
current license.
