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. 40:69 A-29, 30. Taxicabs must
also comply with the requirements of R.S. 48:16-1, et seq.
As used in this chapter, the following words shall have the
meanings indicated:
Is the practice of driving about the roads or highways of
the township 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 roads or highways of this township 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.
Of a taxicab consists of transporting in a taxicab one or
more persons for hire. Accepting a passenger to be transported for
hire from a point of departure within the township to a destination
within or without the township shall be considered operation of a
taxicab within the township. The operation of a taxicab by one other
than the owner shall be deemed operation by the owner as well as by
the person actually driving the taxi. 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 any person in whose name title to any taxicab
is registered with the New Jersey Division of Motor Vehicles, or who
appears in the Division's records to be a conditional vendee
or lessee or has any other proprietory interest in a taxicab.
Shall mean a motor vehicle used to transport passengers for
hire which does not operate over a fixed route and is not hired by
the day or hour.
No person shall operate a taxicab within the township unless
both the owner and driver of the taxicab are licensed under this chapter.
The holder of a taxicab driver's license shall be entitled
to operate within the township any taxicab whose owner has been licensed
under this chapter.
The holder of a taxicab owner's license shall be entitled
to operate a taxicab owned by him within the township provided that
the person driving the cab holds a valid taxicab driver's license.
Application for a taxicab owner's license shall be made
to the chief of police on forms provided by him. The forms and the
information required thereon shall be established by the township
manager.
Applications shall be verified by oath or affirmation. Applications
by a partnership shall give the information required for each partner,
and shall be verified by all partners. Applications by a corporation
shall give the information required for and be verified by all officers
and directors and all persons holding more than 10% of the corporation's
common stock, as well as the corporation itself.
The chief of police shall advise the township council of the
filing of an application. The township council shall set a date for
a hearing on the application and shall notify the applicant. The date
set shall be within a reasonable time after the filing of an application.
The chief of police or a police officer designated by him shall
investigate the application. A report containing the results of the
investigation shall be forwarded to the township council at least
three days before the date set for the hearing. A copy of the report
shall also be sent to the applicant.
At the hearing any person who is a resident or taxpayer of the
township may appear in person and make a brief statement or submit
a written statement in support of or opposition to the granting of
a license. In addition, the applicant and any other person who will
be affected by the granting or denial of the license other than as
a township resident or taxpayer shall have the right to be represented
by an attorney, to testify himself or to present witnesses in support
of his position, to cross-examine opposing witnesses and, at his own
expense, to have a stenographic record made of the proceeding.
In determining whether to grant or deny the license, the township
council shall take into consideration the following factors:
a.
The character, business and financial responsibility and experience
of the applicant, and the probability that if granted a license, the
applicant will operate his taxicab in accordance with the provisions
of this chapter.
b.
Any other factors directly related to the granting or denial of the
license which would substantially affect the public safety or convenience.
The township council shall, by resolution, grant or deny the
license. If the application is approved, the clerk shall issue the
license upon forms established by the township manager.
A taxicab owner's license shall expire on December 31 of
the year in which it was issued. The license fee shall be $200 per
vehicle per year payable upon the filing of the initial application
for the issuance of the license.
A taxicab owner's license may be renewed by the township
council without a hearing upon the licensee's filing with the
township clerk a sworn statement that there have been no changes in
the information contained in the initial application. The license
fee for renewal of a taxicab owner's license shall be $150 per
existing vehicle and/or $200 per vehicle for new or substituted vehicles.
Applications for a taxicab driver's license shall be made
to the chief of police upon forms provided by him. The forms and the
information required thereon shall be established by the township
manager.
The chief of police or a police officer designated by him shall
investigate the application and shall report the results to the township
council within a reasonable time.
Upon approval of the application by the township council, the
building inspector shall immediately issue the applicant a taxicab
driver's license. The license shall contain the licensee's
name and address, physical descriptions, signature and photograph.
The license shall be displayed in the taxi in full view of any passengers.
An initial license to drive a taxicab shall expire on December
31 of the year in which it was issued. The initial fee shall be $200
per driver.
A taxicab driver's license may be renewed annually, unless
it has been revoked or suspended, upon the payment of a fee of $150.
Before any vehicle is issued as a taxicab within the township,
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 or more often if
the township council so requires by resolution. In addition, any police
officer may inspect any 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 township
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.
Each taxicab operated in the township shall have a sign painted
on each rear door. The sign shall contain the owner's name and
the words "Taxicab" or "Taxi" in letters which shall not be less than
four nor more than eight inches in height.
The fare that may be charged by the driver or owner of a taxicab
for a trip wholly within the limits of the township shall not exceed
the rates approved by the township council by resolution. A schedule
of the approved rates shall be displayed in the taxicab in a manner
so as to be easily read by all passengers.
The driver of a taxicab upon request shall give the passenger
a receipt for the amount charged. The receipt shall show the name
of the owner, the license number of the taxicab, the amount of the
fare, and the date of the transaction.
No person after hiring a taxicab shall refuse to pay the legal
fare, nor shall any person hire a taxicab with the intent not to pay
the legal fare.
All disputes as to the rate of fare shall upon request of the
driver or passenger, be determined by the police officer in charge
of the township police station. Failure to comply with the officer's
determination shall be a violation of this chapter.
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof, and power of attorney, executed, shall have been
filed with the township clerk as provided for taxicabs and autocabs
pursuant to the provisions of R.S. 48:16-1 to 48:16-22 inclusive,
together with any amendments or supplements adopted or hereafter adopted
relative thereto except, that such insurance policy shall be in an
amount not less than $300,000 to satisfy all claims for damages by
reason of bodily injuries to or the death of any one person resulting
from an accident, and a sum of not less than $500,000 to satisfy all
claims for damages by reason of the bodily injuries to or the death
of all persons on account of any such accident by reason of ownership,
operation, maintenance or use of such taxicab upon any public street;
and conditioned for the payment of a sum of not less than $25,000
to satisfy all claims for damages to property of all persons on account
of any such accident by reason of ownership, operation, maintenance,
or use of such taxicab upon any public street.
The owner of each taxicab so licensed shall keep or require
to be kept a written record of each trip made by the taxicab showing
the number of daily trips, the date and the time when the trip begins
and ends. Such records shall not be destroyed for one year from the
date of the trip and shall be kept within the township in readily
accessible form and shall be accessible at all reasonable hours for
inspection by the township council or by local, state, federal or
military law enforcement agencies.
No person shall cruise on the roads or highways of the township
with any taxicab at any time for the purpose of soliciting passengers.
The township council may establish, by resolution, rules and
regulations relating to the operating of taxicabs and the conduct
of licensees. A copy of the rules and regulations shall be furnished
to each licensee.
In addition to the causes for revocation of a license set forth in section 24-7, any license issued under this chapter may be revoked or suspended, or any application for the issuance or renewal of a license denied, for any of the following reasons:
a.
Failure to render reasonable, prompt, safe and adequate taxicab service.
b.
The existence of a judgment unsatisfied of record against the licensee
or applicant in any suit arising over the operation of a motor vehicle.
c.
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary or dirty.
d.
Failure to comply with all applicable laws of the State of New Jersey,
the ordinances of the township or the rules and regulations adopted
in accordance with this chapter.
If the licensee is a driver, his license may also be revoked
or suspended for the following reasons:
