It is the policy of the City to promote the provision of adequate
and efficient taxicab service in the City. To this end, this article
provides for the regulation of taxicab rates and services.
The provisions of this article shall not apply to the following,
and the following shall constitute an affirmative defense to a prosecution
under this article:
(3) Automobile
or truck leasing operations in which the leased or rented vehicle
is driven by the customer or an agent or employee of the customer.
(4) Vehicles
operating under a permit or certificate of the railroad commission
of the state or the interstate commerce commission.
(5) Vehicles
operated by or under contract with Dallas Area Rapid Transit Authority
(DART) or other buses operated within the City under a written franchise
from the City over a fixed or defined route.
(6) Vehicles
operated by or under contract with Dallas Area Rapid Transit Authority
(DART) while providing DART-subsidized curb-to-curb transportation.
Unless otherwise licensed under this article, however, such vehicles
shall not pick up passengers within the City for non-DART-subsidized
trips.
(7) Vehicles
licensed by another governmental entity transporting persons outside
the City limits to a destination inside the City limits if the vehicle
leaves without receiving a passenger inside the City.
(8) Limousine service except as provided by section
33.81.
(10) Car
pools and other personal, noncommercial transportation not generally
available to the public.
No person shall offer, provide, or cause to be offered or provided
a vehicle for hire service within the City except under a license
issued as provided in this article.
Before the Director of Transportation shall issue a taxicab
license under the provisions of this article, a certificate declaring
that the public convenience and necessity require the issuance of
such license shall first be obtained from the City Council.
An application for a taxicab license shall be made to the Director
of Transportation or other person designated by the City Manager.
The application shall be made on the form prescribed by the director
and shall include:
(1) Name,
address and form of business under which the taxicab will be operated.
(2) Number
of vehicles to be used in service to City.
(3) Vehicle
inventory showing model, type and ownership of vehicle to be put into
operation.
(4) The
nature and character of the service that the applicant proposes to
render, the facts showing the demand for such service, the experience
that the applicant has had in rendering such services, and the period
of time that he has rendered such service.
(5) A financial
statement showing assets, properties and capital of the applicant.
The City Council shall make or cause to be made investigations, including any hearings deemed desirable as to any application for a certificate of public convenience and necessity and shall determine whether or not the public convenience and necessity require the application to be granted and a certificate of service to be issued. In determining whether or not a certificate should be issued, the City Council may consider, among other things, the probable permanence and apparent quality of the service offered by the applicant; the financial ability and responsibility of the applicant; the character of the vehicle or vehicles to be used; the character and location of any depot or terminus proposed to be used; the experience of the applicant in the transportation of passengers; and the history and record of service of the applicant in providing a vehicle for hire service if any. If the City Council grants the applicant a certificate of public convenience and necessity, the Director of Transportation shall promptly issue a license to the applicant upon the furnishing, by the applicant, of proof of insurance as required by section
33.88.
A taxicab license shall not be transferable without the consent
and approval of the City Council, but the holder of a license may,
by appropriate endorsement made thereon and under direction of the
City Council, substitute another vehicle in place of that for which
the license was required.
Prior to issuance of a taxicab license, the applicant shall
furnish evidence of liability insurance currently in effect. Evidence
shall be in the form of a properly executed certificate of insurance
(or certified copy of the insurance policy) and shall be written through
an insurance company approved by the board of insurance. The insurance
shall clearly evidence coverage for each and every vehicle to be operated
by the holder of the taxicab license and shall provide coverage for
personal injury and property damage. The policy shall include a requirement
that thirty (30) days advance written notice of cancellation or material
change be provided to the Director of Transportation. The minimum
required amount of such insurance shall not be less than that specified
by the state railroad commission for vehicle of comparable size. The
licensee shall continuously maintain insurance coverage during the
term of the license granted as provided in this section.
Each taxicab license issued under this article shall be subject
to revocation by City Council for any of the following reasons:
(1) The
license was obtained by an application of which any material fact
was omitted or stated falsely.
(2) The
licensee has on more than two (2) occasions knowingly permitted or
allowed a vehicle to be operated in violation of any law.
(3) The
licensee has failed to pay City ad valorem taxes on any property the
licensee uses in connection with taxicab service.
(4) The
licensee has failed to comply with any of the provisions of this article.
Prior to the revocation of a taxicab license, the licensee shall
be notified of the proposed revocation, in writing, by certified mail,
which notice shall contain a statement of the reasons for the proposed
revocation and a statement that the licensee has a right to be heard
before the City Council on the proposed revocation. The revocation
shall become final ten (10) days after receipt of notification unless
the licensee files a written notice of appeal within ten (10) days
after receipt of notification.
The term of a taxicab license shall be three (3) years unless
sooner revoked pursuant to this article.
Within sixty days after commencing operation and each year thereafter
during the month of January, each taxicab licensee shall submit to
the Director of Transportation a report providing the following information:
(1) A current
roster of vehicles giving the make, model, model year, state license
plate number and vehicle identification number.
(2) A current
roster of all drivers operating vehicles for the licensee together
with a current address and state driver’s license number for
each driver.
(3) A statement
as to the average number of vehicles that are actually being operated
in revenue service during various time periods of the day as specified
by the director.
It shall be the duty of the taxicab licensee to screen the qualifications of all driver applicants and to insure that all drivers operating vehicles for the licensee meet the qualifications set forth in section
33.93. It shall be unlawful for a taxicab licensee to employ or contract with a driver who does not meet all of the qualifications set forth in section
33.93.
The following shall be the only lawful and applicable rates
for taxicab service:
No. of passengers
|
1
|
Beginning rate
|
$1.30
|
Rate for each additional mile
|
$1.00
|
Waiting time per hour
|
$10.00
|
Each additional passenger:
Trips within the City and 7:00 a.m. to 7:00 p.m.: $0.50.
|
Trips outside of the City or 7:00 p.m. to 7:00 a.m.: $1.00.
|
A copy of the lawful rates shall be posted in each taxicab in
view of the passenger at any time the taxicab is in service.
Limousine service is not regulated by this article except to
the following extent:
(1) The
operator of the limousine service shall maintain insurance of the
same type and in the same minimum amounts as that required of taxicab
licenses; and
(2) All limousine drivers shall meet the minimum qualifications set forth in section
33.93.