An Article providing for the regulation and control of taxicab drivers, establishing taxicab rates and fares, and providing penalties for the violation thereof. The Director of Finance is authorized to promulgate any rules or regulations not inconsistent with this Chapter, having the force and effect of law, as provided for in Chapter 91, HRS, in the administration and enforcement of this Chapter.
(Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.1, R.C.O. 1976; Ord. No. 556, September 14, 1989; Ord. No. 814, February 18, 2004)
"Designated service area"
means the area that the owner of the taxi company has designated as his or her main operation area.
"Director of Finance"
means the Director of Finance of the County of Kaua'i, or the Director's duly authorized subordinate in the Driver License Section of the Finance Department.
"Passenger"
means one (1) or more persons employing, engaging, or utilizing a taxicab for hire. The term "passenger," however, shall not include the operator of the taxicab nor any child under the age of five (5) years not occupying seating space.
"Person with a disability"
means a person with physical impairment which substantially limits one (1) or more of a person's major life activities as defined under HRS Section 515-2 and the American Disabilities Act, Pub. L. 101-336.
"Senior citizen"
means a person who has attained the age of sixty-two (62) years, bearing proof of age.
"Student"
means a resident of Kaua'i who bears a current student identification card.
"Taxicab"
means and includes any motor vehicle equipped with a taximeter and designed by the manufacturer to carry eight (8) passengers or less, operating for hire within the geographical limits of the County of Kaua'i and accepting a passenger with or without baggage for transportation between points as may be directed by the passenger the charges for service being based upon the distance traveled, plus waiting time. The term "taxicab" shall not include:
(1) 
Sightseeing buses;
(2) 
Buses employed solely for the transportation of school children or teachers;
(3) 
Hotel buses operated solely between piers, airplane terminals or hotels;
(4) 
Chartered motor vehicles;
(5) 
Motor vehicles rented or hired on a "U-drive" or "drive-yourself" basis; or
(6) 
Motor vehicles operated under a certificate of public convenience and necessity by the P.U.C.
"Waiting time"
means the time during which a taxicab is standing by at the direction of a passenger or traffic waiting time.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.2, R.C.O. 1976; Ord. No. B-270-85, June 12, 1985; Ord. No. 532, December 9, 1987; Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004)
(a) 
It shall be unlawful for any person to drive a taxicab for purpose of hire without a valid taxicab driver's permit from the Director of Finance. Such permit shall be placed in a visible place, within the taxicab being driven by the person to whom it was issued. The permit shall bear a serial number, the name, address and driver's license number of the holder of the permit, a recent photograph of the holder of the permit, the photograph to be not less than three (3) inches in height and two (2) inches in width, and other information as specified by the Director of Finance. The photograph shall be supplied by the applicant for the permit. It shall be a violation of this Section for any person to alter such taxicab driver's certificate.
(b) 
There shall be a fee of twenty dollars ($20.00) for each taxicab driver's permit. In addition, there shall be established a test fee of one dollar ($1.00) for each written exam taken by applicants.
(c) 
No permit shall be issued to any person unless that person has/is:
(1) 
A valid State of Hawai'i driver's license.
(2) 
Eighteen (18) years of age or older at the time of application and has no less than two (2) years driving experience prior to operating a taxicab.
(3) 
Satisfactorily passed an examination showing:
(A) 
A sufficient knowledge of the traffic laws of the County of Kaua'i, and this Article, and the rules and regulations of the Director of Finance relating to taxicabs;
(B) 
A sufficient knowledge of the locations of streets, roads, and highways and of important County and State buildings and places within the County of Kaua'i;
(C) 
Be able to speak and understand the English language well enough to comprehend and communicate safety and regulatory requirements applicable to taxicabs and satisfactorily to passenger inquiries;
(D) 
Complied with the standards promulgated by the Director of Finance relating to moral character and driving history of the applicant based on prior records or certified documents relative thereto.
(d) 
Every permit issued under this Section shall expire, unless otherwise revoked or cancelled, one (1) year after the issuance thereof and shall be renewed by the Director of Finance on or before its expiration date upon the applicant's meeting the standards set forth in Subsection (c) of this Section. The Director of Finance may accept an application for permit renewal not more than one (1) month prior to the date of expiration. A new set of photographs shall be furnished with each application for renewal.
(e) 
The issued permit shall not be transferable.
(f) 
Upon payment of fees required by this Section, the Director of Finance shall issue a permit to be placed in the taxicab. When a permit is lost, stolen, or mutilated, a replacement shall be issued upon collection of a fee of five dollars ($5.00).
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.3, R.C.O. 1976; Ord. No. B-270-85, June 12, 1985; Ord. No. 488, May 12, 1986; Ord. No. 532, December 9, 1987; Ord. No. 556, September 14, 1989; Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004)
Any permit issued pursuant to the provisions of this Article may be suspended or revoked by the Director of Finance, upon compliance with administrative due process, whenever:
(a) 
The holder of a permit is found to be disqualified by any provision of this Article;
(b) 
The holder of a permit has been convicted for a violation of the provisions of this Article or violates any of the standards of moral character and driving history set forth in the rules and regulations of the Director of Finance;
(c) 
The holder of a permit has been convicted of driving while intoxicated or of violating the provisions of Chapter 329, H.R.S., as amended, or the provisions of the Federal narcotics laws.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.4, R.C.O. 1976; Ord. No. B-270-85, June 12, 1985; Ord. No. 532, December 9, 1987; Ord. No. 556, September 14, 1989; Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004)
Any applicant who has been refused a taxicab driver's permit after at least three (3) examinations or who has been refused any examination, may appeal from the refusal to the Director of Finance by filing his or her petition within thirty (30) days of the date of the third refusal, provided that the appeal shall not operate as a stay to the order or decision appealed from.
(Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.5, R.C.O. 1976; Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004)
(a) 
Installation. Every taxicab while operating within the County of Kaua'i shall be equipped with a taximeter so mounted in the taxicab that the reading indicator showing the amount of fare to be charged shall at all times be plainly visible to the passenger. Between the hours of sunset and sunrise, the reading indicator showing the amount of the fare shall be well lighted and readily discernible by the passenger riding in the taxicab. A taximeter shall be equipped with a primary indicating element. Except when a taximeter is being cleared, the primary indicating elements shall be susceptible of advancement only by the rotation of the vehicle wheels or by the time mechanism. The figures of the reading indicator showing the amount of the fare shall be of a size that shall be plainly visible to the passenger. The taximeter shall have a position recording mileage only and another recording waiting time. The taximeter shall have a clearly visible fare-indicating mechanism to denote when the taxicab is employed and when it is not employed. It shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording.
(b) 
Operation. When a taxicab is employed, it shall be the duty of the driver to place the taximeter into the appropriate employed position so as to record mileage while the taxicab is in motion and to record waiting time. The taximeter shall be kept in the appropriate employed position until the termination of the trip. At the termination of the trip, it shall be the duty of the driver to place the taximeter into the nonemployed position.
(c) 
Registration, Inspection and Fees.
(1) 
No driver or owner of a taxicab shall offer or let the taxicab for hire unless the taximeter installed therein or adjusted for any change in mileage rate shall have been first registered with and inspected by the Division of Weights and Measures of the State of Hawai'i and found to calculate and register fares correctly in conformity with the rates as set forth in this Article and a seal attesting thereto shall have been placed on the taximeter. It shall be the duty of the owner or driver of any taxicab equipped with a taximeter to submit the taximeter to the Division of Weights and Measures of the State of Hawai'i for inspection, as required, testing and sealing before the date as may be established by the Division of Weights and Measures of the State of Hawai'i. Every inspection shall include the examination and inspection of the taximeter affixed in the taxicab and every wheel, tire, gear shaft or any other part of the taxicab, which may affect or control the operation of the taximeter.
(2) 
If upon periodic inspection, the Division of Weights and Measures of the State of Hawai'i shall find that a taximeter is not calculating the rates as set forth in this Article, it shall be unlawful to operate the taxicab or to permit the taxicab to be operated until its taximeter shall have been repaired, inspected, tested and found to be calculating and registering in conformity with the rates as set forth in this Article and a seal shall have been placed thereon. Nothing contained in this Section shall prohibit the replacement of a taximeter with another that conforms with the provisions of this Article.
(3) 
The taxicab driver or owner shall pay fees as may be established by the Division of Weights and Measures of the State of Hawai'i for each taximeter inspection.
(Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.6, R.C.O. 1976; Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004)
(a) 
Rates of Fare Within the County of Kaua'i. Unless otherwise provided herein, no driver or owner of a taxicab while operating the taxicab within the County of Kaua'i shall charge, demand, collect or receive a fare other than that based on the following schedule:
Rate 1
Initial meter actuation (entitles passenger to 1/10 mile or less, or 45 seconds standing time or less)
$3.50
Each 1/10 mile additional, or less, after initial meter actuation
$0.45
Each 45 seconds of additional waiting time, or less, after initial meter actuation
$0.45
Each piece of baggage other than wheelchairs, bicycles and surf boards, handled by the driver in loading, unloading or both
$1.00
Each surfboard, bicycle, baggage, freight or parcel too large to be carried within the rear passenger compartment or trunk of the taxicab (optional)
$5.00
Rate 2
Initial meter actuation (entitles passenger to 2 hours or less of touring or chartered time; minimum 2 hours of touring or chartered time required)
$180.00
Each 15 minutes of touring or chartered time, or less, after initial meter actuation
$22.50
A driver, owner, or lessee who owns, operates, controls or dispatches a taxicab may give a discount to persons with a disability, senior citizens, or students, as defined in Sec. 23-1.2. Such discount shall be twenty percent (20%) of the metered fare.
Nothing contained in this Subsection shall be construed to permit charging mileage or waiting time rates of fare which are greater or less than or different from those established and fixed by the schedule.
(b) 
Whenever, pursuant to request, it is necessary for a taxicab to leave its designated service area to pick up a passenger whose pickup and drop off is outside or beyond the designated service area, the distance between the designated service area and the point of pickup may be added to the actual distance transported, otherwise, the distance between the designated service area and the point of pickup shall not be added to the distance over which the passenger is actually transported when computing the total amount of fare which may be charged under this Section, nor shall the distance a taxicab must travel in order to return to the designated service area after discharging a passenger be included in the mileage for which any fare may be charged.
(c) 
The foregoing rates or charges shall be subject to the following exception and condition: fares are only applicable to the use of the taxicabs when actually occupied by or standing at the direction of the passenger for hire or when occupied by parcels, baggage or property transported for hire; provided that no other charges shall be made for the use of a taxicab for hire except as provided herein.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Ord. No. 152, September 16, 1971; Ord. No. 251, May 23, 1975; Sec. 23-1.7, R.C.O. 1976; Ord. No. 365, June 12, 1979; Ord. No. 370, August 8, 1979; Ord. No. 385, June 5, 1980; Ord. No. 448, July 13, 1983; Ord. No. 574, August 6, 1990; Ord. No. 597, December 6, 1991; Ord. No. 746, February 23, 2000; Ord. No. 760, May 2, 2001; Ord. No. 814, February 18, 2004; Ord. No. 841, August 16, 2006; Ord. No. 1033, June 13, 2018; Ord. No. 1040, October 2, 2018; Ord. No. 1182, November 6, 2025)
(a) 
Charge to Separate Destination. Upon the approval of the taxi driver and with the agreement of the first passenger, an additional passenger or passengers will be allowed to share the taxi. The fare will be collected at the end of the first destination. Upon starting to the second destination, the meter will be dropped. This fare will be collected at the end of the second destination.
(b) 
Charge for Passengers to Same Destination. Upon agreement of the taxi driver and the first passenger, an additional passenger or passengers will be allowed to share the taxi. There will be an additional twenty percent (20%) charge of the metered rate upon arrival at destination.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.8, R.C.O. 1976; Ord. No. 597, December 6, 1991; Ord. No. 814, February 18, 2004)
All taxicabs shall be equipped with rooftop or windshield signs indicating the word "Taxi" or firm name thereon and equipped with a light for night operation.
(Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.9, R.C.O. 1976; Ord. No. 760, May 2, 2001; Ord. No. 814, February 18, 2004; Ord. No. 1033, June 13, 2018)
(a) 
Schedules of the rates of fare, as provided in this Article shall be posted in a conspicuous place within each taxicab so as to be readily visible to any passenger riding within the taxicab. The schedule shall be legibly printed in bold-type letters not less than three-thirty seconds (3/32) of an inch in height. The mileage and time rates for which a taximeter is adjusted, and the schedule of extras when an extra mechanism is provided shall be conspicuously displayed inside the vehicle. The words "Rate," "Rates," or "Rates of Fare" shall precede the rate statement. The rate statement shall be fully informative, self-explanatory, and readily understandable by the ordinary passenger, and shall either be of a permanent character or be protected by glass or other suitable transparent material.
(b) 
Every taxicab shall be equipped with a sign, conforming to specifications outlined by the Director of Finance, listing the telephone number and mailing address where complaints may be filed. The Director of Finance shall provide the sign at a charge to the taxi owner of three dollars ($3.00). The sign shall at all times be plainly visible to the passenger. All complaints received by the Director of Finance shall be documented and forwarded to his or her duly authorized subordinate in the Driver License Section.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.10, R.C.O. 1976; Ord. No. 746, February 23, 20001; Ord. No. 814, February 18, 2004)
Any person convicted of violating any of the provisions of this Article shall be punished by a fine not exceeding five hundred dollars ($500.00) for each offense.
(Ord. No. 74, March 15, 1950; Ord. No. 137, June 5, 1968; Sec. 17, C.O. 1971; Sec. 23-1.11, R.C.O. 1976; Sec. 23-1.12, 1978 Cumulative Supplement; Ord. No. 536, February 4, 1988; Ord. No. 814, February 18, 2004)
(a) 
In order for a taxicab to be operated by a permitted taxicab driver, the taxicab must have a valid taxicab permit from the Department of Finance, Driver License Section. Such permit shall be placed in a visible place on the taxicab.
(b) 
There shall be an annual fee of one hundred twenty-five dollars ($125.00) for each taxicab operated in the County of Kaua'i.
(c) 
Every permit issued under this Section shall expire, unless otherwise revoked or canceled, one (1) year after issuance thereof.
(Ord. No. 814, February 18, 2004)
It shall be the duty of each taxicab owner or driver to submit the taxicab to the Driver License Section for an inspection prior to the application for a taxicab permit. Every inspection shall include the examination and inspection of the taxicab, testing of the taximeter, and overall inspection for compliance to all the provisions set forth in this Chapter and as set forth in the rules and regulations. The inspection shall be done by appointment with the Department of Finance and completed before the application for a taxicab driver's permit.
(Ord. No. 814, February 18, 2004)
(a) 
The number of taxicabs authorized to operate on the island of Kaua'i shall be limited on the basis of one (1) taxicab for every fifty (50) hotel rooms on the island. The Director of Finance shall reevaluate the formula for calculating the number of taxicabs authorized to operate at least once every three (3) years, or upon review if the Director of Finance has found that hotel room growth has exceeded formula derivatives.
(b) 
The number of hotel rooms within the County shall be determined by reference to the most current statistics from the County of Kaua'i, Office of Economic Development.
(c) 
If the periodic count of hotel rooms permits an increase in the number of taxicabs operating, the Director of Finance shall publish a notice in a newspaper of general circulation within the County of the additional number of taxicabs permitted, and shall award the additional taxicabs to interested applicants by public drawing. Publication shall occur at least thirty (30) days prior to such public drawing.
(d) 
Any taxicab in operation as of November 1, 2004 shall be permitted to continue operation provided that the requirements set forth in Sec. 23-1.12 and 23-1.13 are met.
Nothing in this Chapter shall be construed to prevent the replacement or substitution of a taxicab by another vehicle, or to prevent the sale of a taxicab.
(Ord. No. 746, February 23, 2000; Ord. No. 814, February 18, 2004; Ord. No. 825, April 29, 2005)