[Ord. 6 S+FA, 10-19-1994 § 24:3-1]
a.
Notwithstanding any inconsistent provision of law, any person using an autocab in the City of Newark who meets the requirements set forth to obtain an autocab permit pursuant to the Municipal Code of the City of Newark, and the rules promulgated pursuant thereto, as if he/she were a City resident, shall, in lieu of such permit, be issued an Out-of-City vehicle permit; provided however that this person satisfies all the conditions for the issuance of the Out-of-City autocab permit and the transportation provided by such person complies with Section 34:3-3 of this chapter.
b.
The effect of an Out-of-City vehicle permit shall be:
1.
An Out-of-City vehicle permit shall authorize a person using an autocab in the City of Newark, pursuant to this section, to use such vehicle to pick up passengers in the City for hire on a prearranged basis only, to go solely to destinations outside the City of Newark, in accordance with Section 34:3-3 of this chapter.
2.
The annual fee for such an Out-of-City vehicle permit shall be $250.
However, the fee for any permit issued after the first day of September,
and expiring on the last day of February of the same fiscal year,
shall be $125. Such permit fee shall be in addition to any other fee(s)
or charge(s) established by the proper authorities and applicable
to the holder for any vehicles under his/her operation and control.
c.
An applicant for any Out-of-City vehicle permit must satisfy all
of the following requirements:
1.
A valid State of New Jersey for-hire vehicle registration, or a valid
vehicle registration issued by the State of residence, or for the
business operation of a nonresident of this State which is valid for
the transportation of persons for hire within that State;
2.
That neither the applicant, nor any person or business entity engaged
in transporting passengers by motor vehicle for hire, affiliated with
such applicant, has either a place of business within the City of
Newark, a telephone number with the City of Newark, or solicits any
business or specifically advertises within the City of Newark, except
for broadcast media or newspaper advertisements which indicate the
place of business as being outside the City of Newark;
3.
That the applicant has not had a Newark vehicle permit or its equivalent revoked, or has not been refused renewal of such vehicle permit pursuant to Section 34:3-10 of this chapter; and
4.
The applicant has been granted a license of permit to operate as
an autocab by a political subdivision of the State of New Jersey or
any other State of the United States.
d.
If the Commission, after reviewing an application for an Out-of-City
vehicle permit, and after an appropriate investigation and hearing,
affording the applicant opportunity to be heard, finds that the applicant
has made any false statement(s) or concealed any material fact(s)
in connection with such application, the Commission may deny issuance
of the permit, or may refuse to renew, or suspend or revoke any such
permit, as may be appropriate, in its sole discretion.
[Ord. 6 S+FA, 10-19-1994 § 24:3-2]
a.
A vehicle owner shall ensure that a valid Newark Taxi Commission
decal, evidencing an Out-of-City vehicle permit, is affixed to the
right side of the rear bumper of the vehicle in a plainly visible
manner.
b.
No unauthorized entries shall be made on an Out-of-City vehicle permit
or decal, nor shall they be altered or defaced in any manner whatsoever.
c.
An unreadable, altered or defaced Out-of-City vehicle permit or decal
shall immediately be surrendered by its holder to the Commission,
with an affidavit or certification, or such information as may be
required; and the owner shall immediately replace such permit or decal,
as appropriate.
[Ord. 6 S+FA, 10-19-1994 § 24:3-3]
a.
A vehicle owner who holds an Out-of-City vehicle permit shall pick
up passengers on a pre-arranged basis only. Street hails shall not
be permitted. Further:
1.
The vehicle shall be driven only by the holder of a driver's license
which is valid for autocab operation of the vehicle in the State of
New Jersey or in any other State.
2.
The vehicle shall be driven only by the holder of an autocab vehicle
driver's license where such license is required by the City of Newark
unless such driver has submitted proof satisfactory to the Commission
that the driver possesses any license or permit which was granted
by another State or political subdivision and for which such driver
has been fingerprinted for the purpose of securing and reviewing his
or her criminal history records.
b.
A vehicle owner who holds an Out-of-City vehicle permit shall not
both pick up and discharge the same passenger within the City of Newark,
unless:
1.
As part of the prearranged transportation, which begins with the
pick up of a passenger in the City of Newark and ends with the discharge
of a passenger outside of the City, any temporary discharge and subsequent
pick up of such passenger within the City during the course of performing
such prearranged transportation; and
2.
There is no unauthorized intra-municipal transportation provided
to any other person who is not covered by the prearranged transportation
agreement during any period of discharge; and
3.
The applicant has entered into an agreement with the appropriate
person or entity or a political subdivision of this State to rent
space at either Pennsylvania Station in Newark, New Jersey or at Newark
International Airport, as the case may be, if such an agreement is
required by such person, entity or political subdivision.
[Ord. 6 S+FA, 10-19-1994 § 24:3-4]
a.
A vehicle owner shall ensure that a record of each transport authorized solely by an Out-of-City vehicle permit issued pursuant to Section 34:3-1 be entered prior to the commencement of the transport in a logbook carried in the vehicle. Such record shall be kept for a period of one year after such transport. The record of each such transport shall be written legibly in ink and shall include the following information:
b.
The log required in paragraph a of this section shall be kept in
the vehicle during intermunicipal transport and shall be subject to
inspection by any Police Officer or peace officer acting pursuant
to his/her special duties or other person authorized by the Commission.
Failure to present such a log maintained in the manner prescribed
in paragraph a of this section, when requested by any such authorized
person, shall be presumptive evidence of violation of this chapter.
[Ord. 6 S+FA, 10-19-1994 § 24:3-5]
a.
A vehicle owner who has been issued an Out-of-City vehicle permit pursuant to Section 34:3-1 for a vehicle registered in a State other than the State of New Jersey shall be responsible for having the vehicle inspected at least once every year at an official inspection station which is licensed by the State issuing the registration. All vehicles shall meet inspection requirements provided by the State of registration. Authorized personnel of the Commission may conduct on street inspections of such vehicles. The Commission may order vehicle owner to remove the decal or order the vehicle owner to repair or replace such vehicle where it appears that it no longer meets the safety requirements prescribed by this chapter and the applicable State law or the safety requirements of the State of registration, as applicable.
b.
A vehicle owner who holds an Out-of-City vehicle permit shall not
permit such vehicle to be operated without daily personal inspection
and reasonable determination that all equipment, including but not
limited to, brakes, lights and signals are in good working order and
meet all the requirements of the applicable New Jersey State law,
and this chapter, or the safety requirements of the State of registration,
as applicable.
c.
A vehicle owner who holds an Out-of-City vehicle permit shall not
permit such vehicle to be operated when the Commission, or the State
where the vehicle is registered, has determined that the vehicle is
unsafe or unfit for use as an autocab vehicle and the vehicle owner
has been directed to remove such vehicle from service.
d.
A vehicle owner who holds an Out-of-City vehicle permit shall ensure
that he or she promptly complies with all Commission notices and directives
to correct observable defects in a vehicle which would result in the
inability of the vehicle to pass an applicable State inspection or
an inspection in the State of registration, as may be applicable.
e.
A vehicle owner who holds an Out-of-City vehicle permit must maintain
a statutory vehicle insurance policy in full force to the full and
collectible amount as required by the law of the State such vehicle
is registered in, or in the amount required by New Jersey law if that
State has no mandatory insurance for motor vehicles. An insurance
identification card must be carried in the insured vehicle for production
upon demand by an employee of the Commission.
[Ord. 6 S+FA, 10-19-1994 § 24:3-6]
a.
A vehicle owner who holds an Out-of-City vehicle permit shall be
deemed to have designated each and every driver who operates such
vehicle as his or her agent for accepting service by Commission personnel
of summonses or notices to correct defects in the vehicle. Delivery
of such summons or notice to a driver shall be deemed proper service
of the summons or notice on the vehicle owner. The Commission shall,
in addition, send a copy of any summons or notice to correct to the
vehicle owner, at his/her last known business address, by ordinary
mail.
[Ord. 6 S+FA, 10-19-1994 § 24:3-7]
a.
A driver of a vehicle for which an Out-of-City vehicle permit has
been obtained must be licensed by the Commission unless such driver
has been issued a certificate by the Commission indicating that the
driver possesses any license or permit that was granted by this or
another State or political subdivision, and for which such driver
has been fingerprinted for the purpose of securing and reviewing his/her
criminal records.
b.
A driver of a vehicle for which an Out-of-City vehicle permit has
been requested, who is applying for a Commission drivers' license
may request that the Commission mail a form and be fingerprinted at
a local Police Station or government office, and have such Police
or other government office send the fingerprints directly to the Commission.
[Ord. 6 S+FA, 10-19-1994 § 24:3-8]
A fee of $30 shall be paid for each Out-of-City vehicle permit
issued to replace a lost or defaced permit, or a lost or defaced decal.
[Ord. 6 S+FA, 10-19-1994 § 24:3-9]
No license is required for bases that dispatch vehicles for
which an Out-of-City vehicle permit is necessary in order to operate
within the City of Newark. Such bases may not have a place of business
in the City, a telephone number in the City, or solicit business or
specifically advertise in the City, except for broadcast media or
by newspaper advertisements.
[Ord. 6 S+FA, 10-19-1994 § 24:3-10]
a.
All autocab permits issued under this chapter, after a hearing before
the Commission, may be revoked or suspended and/or a monetary penalty
imposed, not to exceed:
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$25
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for the first offense,
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$500
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for the second offense,
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$1,000
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for the third or subsequent offenses.
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Upon a failure of the owner to comply with any notice to correct
within 10 days after service thereof, the approved Out-of-City vehicle
permit shall be suspended. Upon a failure of the owner to comply with
any such order within 120 days after service thereof, the Out-of-State
vehicle permit shall be deemed to have been abandoned by such owner,
and shall be void for all purposes.
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b.
Where the holder of an Out-of-State vehicle permit issued pursuant to Section 34:3-1 of these Revised General Ordinances has been found to have committed two or more violations of any of the provisions of these rules with respect to a particular motor vehicle within a twelve-month period, the Commission may revoke or refuse to renew the permit for such motor vehicle, as well as any permit or permits issued pursuant to Section 34:3-1, for any other motor vehicle(s) owned or operated by such holder.
[Ord. 6 S+FA, 10-19-1994 § 24:3-11]
[Ord. 6 S+FA, 10-19-1994 § 24:3-12]
a.
Any person who violates or permits, aids or abets the violation of
any provision of this chapter shall, upon conviction thereof, be punished
by a fine not less than $100 nor exceeding $1,000 or by imprisonment
for a term not to exceed 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
