[1]
Editor’s note–See corresponding note located in Appendix A of this code.
The regulations of this chapter are adopted for the purposes of protecting the public health and safety, promoting public convenience and necessity, and supporting consumer protection in the transportation-for-hire and transportation network company service industries.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
For the purposes of this chapter the following words and terms shall have the scope and meaning hereinafter defined and set out in connection with each:
Airport.
The Lubbock Preston Smith International Airport.
Bus.
A motor vehicle that has a manufacturer’s rated seating capacity of more than fifteen (15) passengers.
Carpooling.
Any voluntary sharing of transportation without compensation.
Chief of police.
The chief of police of the City of Lubbock or the chief of police’s designee.
City manager.
The city manager of the City of Lubbock or the city manager’s designee.
City secretary.
The city secretary of the City of Lubbock or the city secretary’s designee.
Compensation.
Any money, service, or other thing of value that is received, or is to be received, in return for transportation-for-hire or transportation network company services.
Contingent primary liability coverage.
A liability insurance policy that will act as a primary liability policy in the event that no other applicable primary liability policy exists or a policy exists but denies coverage.
Courtesy vehicle.
A vehicle that is not for-hire, is not used to transport passengers for compensation, and is operated by or for a business that provides free transportation to customers as an accessory to the main business activity.
Dispatch.
Any communication system that conveys passenger ride requests to drivers.
Drive.
To control the physical movements of a vehicle.
Driver.
An individual who drives or otherwise controls the physical movements of a vehicle.
Entity.
An individual; corporation; government or governmental subdivision; or, agency, trust, partnership, or two (2) or more persons having a joint or common economic interest.
Ground transportation service.
Any courtesy, transportation-for-hire, or transportation network company service or vehicle that operates at the airport.
Hail.
To physically or audibly signal for the use of a transportation-for-hire vehicle.
Hailable vehicle.
A transportation-for-hire vehicle that can be hailed by a passenger.
Horse.
Any member of the species Equus Caballus.
Horse-drawn carriage.
A nonmotorized vehicle designed to carry passengers while being pulled by one or more horses.
Nonmotorized passenger transport vehicle.
Any vehicle designed to transport passengers that is not powered by a motor, including, but not limited to, a horse-drawn carriage, or pedicab.
Operating authority.
An entity providing transportation-for-hire services.
Operating authority permit.
The permit required for an entity to provide transportation-for-hire services.
Payor.
The person paying transportation-for-hire or transportation network company services.
Pedicab.
A device with two (2) or more wheels designed to carry passengers while being propelled by human power.
Queue.
A line or sequence of vehicles awaiting their turn to be attended to or to proceed.
Shuttle vehicle.
A motor vehicle that has a manufacturer’s rated seating capacity of not less than seven (7) passengers and not more than fifteen (15) passengers.
Street or streets.
Any street, alley, avenue, boulevard, thoroughfare, roadway, drive, public way, or highway commonly used for the purpose of public travel within the city limits.
Trade dress.
Any distinctive signage or display on a transportation-for-hire vehicle when providing services that is sufficient to allow a person of normal sensibilities to associate the vehicle with a particular transportation-for-hire service. Acceptable forms of trade dress include, but are not limited to, magnetic or removable symbols or signs on vehicle doors, roofs, or grills.
Transportation-for-hire service.
The transportation of passengers for compensation within the city, with the coordination and payment of such transportation not being provided through a digital network or website. This term is not applicable to ambulance transportation, emergency medical transportation, nonemergency medical transportation, transfer medical transportation, transportation network company service, or tow truck service in the city.
Transportation-for-hire vehicle.
Any vehicle used to offer or provide transportation-for-hire services.
Transportation network company.
Any entity that uses a digital network or website as the primary means through which it connects a passenger to a driver for the transportation of the passenger for compensation. This term is not applicable to ambulance transportation, emergency medical transportation, nonemergency medical transportation, transfer medical transportation, operating authority service, or tow truck service in the city.
Transportation network company permit.
The permit required for an entity to provide transportation network company services.
Vehicle.
A motorized device in, upon, or by which any person is or may be transported upon a public way.
Website.
A publicly remotely-accessible data site, digital platform, or mobile application that provides content in a manner that is accessible to the public through a digital network.
Wheelchair accessible vehicle.
A vehicle designed or modified to transport passengers in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act, as amended.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016; Ordinance 2018-O0117, sec. 4, adopted 9/27/2018)
(a) 
This chapter does not apply to the operation of:
(1) 
City transportation vehicles or those contracted to perform transportation services for the city;
(2) 
Courtesy vehicles;
(3) 
Carpooling;
(4) 
A rented vehicle without a driver;
(5) 
The transportation of a person by a vehicle licensed by another governmental entity from a point outside of the city to a destination inside the city, if the vehicle leaves the city without receiving a passenger inside the city; or
(6) 
A vehicle that is:
(A) 
Operated for a funeral home in the performance of funeral services;
(B) 
Provided by an employer or employee association for use in transporting an employee between the employee’s home and the employer’s place of business or between workstations, with the employee reimbursing the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicle;
(C) 
Owned and operated by the federal or state government, by a political subdivision of the state, or by a person under contract with the city for operation of the vehicle;
(D) 
Used to transport children to or from school;
(E) 
Operated under state or federal authority unless subject to the city’s regulatory authority;
(F) 
Owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers.
(b) 
Articles 24.07 [sic] and 24.08 of this chapter are excluded from the regulations of articles 24.01, 24.02, and 24.03 of this chapter.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a) 
The city secretary shall enforce this chapter with assistance from the chief of police.
(b) 
The city secretary may adopt procedures to administer this chapter.
(c) 
The chief of police may inspect any vehicle providing services under this chapter to determine whether the vehicle complies with this chapter and all other applicable law.
(d) 
The city manager may adopt procedures to administer and enforce all aspects of ground transportation service rules and regulations at the airport.
(e) 
The city secretary, with assistance from the chief of police, may conduct investigations into the operations of ground transportation services at the airport to determine whether such services comply with this chapter and other applicable laws.
(f) 
The chief of police may perform an audit on the records of any operating authority or transportation network company to ensure that the provisions of this chapter are met.
(g) 
Upon the receipt of a complaint about any driver providing service for an operating authority or transportation network company, the chief of police shall have access to the records held by any operating authority or transportation network company concerning the driver that is the source of the complaint.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a) 
It is the policy of the city to provide and promote adequate and efficient ground transportation service at the airport for the convenience of the public. The city manager may promulgate and enforce written rules and regulations, not inconsistent with this chapter, governing ground transportation service at the airport as the city manager determines necessary to manage and provide for the orderly, efficient, and convenient flow of traffic at the airport.
(b) 
All ground transportation service at the airport shall be subject to all rules and regulations promulgated by the city manager or the director of the airport.
(c) 
An entity commits an offense if it operates a ground transportation service at the airport without a valid operating authority or transportation network company permit.
(d) 
An entity commits an offense if it operates a ground transportation service at the airport in such a way that violates this chapter or any other applicable local, state, or federal law, rule, or regulation.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
All permit fees required under this chapter are nonrefundable and shall be set forth and established annually in the city’s budget ordinance. A permit fee shall be tendered to the city secretary when an application for a permit is made with the city secretary.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a) 
Any entity may file with the city secretary a complaint or protest concerning any operating authority, transportation network company, or any transportation-for-hire or transportation network company driver or vehicle operating in the city.
(b) 
Any complaint or protest submitted to the city secretary under this chapter shall be in writing and shall be signed by the complainant. The city secretary shall then notify the chief of police and the named operating authority, transportation network company, or transportation-for-hire or transportation network company driver or vehicle of the complaint.
(c) 
If, after a complaint or protest is investigated by the city secretary, with the assistance of the chief of police, the investigation reveals a violation of this chapter, any city ordinance, or state or federal law or regulation, then the city secretary shall issue a notice in the form of a correction order to the operating authority or transportation network company. Such correction order shall identify the violation, the date of issuance of the notice, the time period within which the violation must be corrected, a warning that failure to comply with the order may result in a penalty, and a statement indicating that the order may be appealed.
(d) 
If the city secretary determines that a violation constitutes an imminent and serious threat to the public health or safety, the city secretary shall order the operating authority or driver to correct the violation immediately, and, if the operating authority or driver fails to comply, the city secretary shall promptly take or cause to be taken such action as the city secretary considers necessary to enforce the order immediately.
(e) 
If the operating authority or transportation network company does not comply with the terms of the correction order, then it may be subject to the suspension or revocation of its permit and may be subject to a fine.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
The holder of a permit issued under this chapter may file an appeal with the permit and license appeal board in accordance with this code.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
Whenever a permit required under this chapter is suspended, revoked, or denied, the city secretary may require the surrender by the permit holder of all evidence of authorization to perform the services allowed by the permit.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
A vehicle providing services under this chapter may be towed and impounded if the city secretary or the chief of police determines that the vehicle is not operating:
(1) 
Under an operating authority or transportation network company permit required by this chapter; or
(2) 
With the insurance required by this chapter.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a) 
An entity commits an offense if it violates or attempts to violate a provision of this chapter, or a rule or regulation established by the city secretary or city manager under this chapter, which is applicable to the entity. An offense of this chapter shall be a class C misdemeanor punishable by a fine not exceeding such amount as is provided by the general laws of the state for such offenses. A separate offense is committed each day in which an offense occurs. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state.
(b) 
Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the entity charged with or the conduct involved in the offense.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a) 
An operating authority, transportation network company, or driver covered under this chapter shall designate and maintain a representative to receive service of notice required under this chapter.
(b) 
Notice required under this chapter:
(1) 
May be personally served by the city secretary on an operating authority, transportation network company, or its designated representative;
(2) 
May be personally served or sent by United States Certified Mail, return receipt requested, to the address, last known to the city secretary, of the operating authority, transportation network company, driver, or its designated representative; or
(3) 
May be sent by electronic mail, to the electronic mail address, last known to the city secretary, of the operating authority, transportation network company, driver, or its designated representative.
(c) 
Notice required under this chapter to be given to a person other than an operating authority, transportation network company, driver, or its designated representative, may be served in the manner prescribed by subsection (b).
(d) 
Service executed in accordance with this subsection constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is three (3) days after the date of mailing.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)