(a) 
A holder shall establish policy and take action to discourage, prevent or correct violations of this chapter by drivers who are employed by or contracting with the holder.
(b) 
A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter, the rules and regulations established by the director or other applicable law.
(c) 
A driver, an independent contractor or anyone else operating a taxicab under a holder's operating authority shall be an agent of that holder. The holder shall be presumed to have authorized the activity of its agents. Any contract purporting to modify the agent/principal relationship established herein is void as against public policy.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
Holder.
In the operation of a taxicab service a holder shall comply with the terms and conditions of the holder's operating authority and, except to the extent expressly provided otherwise by the operating authority, shall comply with this chapter and other law applicable to the operation of a taxicab service.
(b) 
Driver.
A driver shall comply with this chapter, other law applicable regarding the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's discharging of its duty under its operating authority and this chapter.
(c) 
Change of address.
All holders must report any address changes of said holders or their drivers within five (5) days of the change.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
A holder may contract with a driver on an independent-contractor basis, but only if the contract:
(1) 
Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action against the city arising from conduct of the driver;
(2) 
Provides that the driver is insured under the holder's insurance policy;
(3) 
Imposes a condition that the driver must comply with this chapter and provides that failure to comply shall be considered by the holder as a material breach of the contract; and
(4) 
Incorporates the provisions of section 37-33.
(b) 
The form of the contract between a holder and driver must be approved by the director. The director may disapprove a contract if he determines that the contract is inconsistent with this chapter, regulations established under this chapter or other applicable law. A holder may not use a contract that has been disapproved by the director.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
It shall be unlawful for the holder of a taxicab franchise to operate a taxicab business unless said holder shall maintain in force during the authorized period of its operating authority the amount and character of insurance coverage for all motor vehicles used in the taxicab service as follows:
(1) 
A three hundred thousand dollar ($300,000.00) per occurrence combined single-limit liability policy with a deductible not to exceed one thousand dollars ($1,000.00) which shall pay on behalf of the insured named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, all sums which the insured shall become legally obtained to pay as damage arising out of the operation of the taxicab franchise or the ownership, maintenance or use of such motor vehicles or motor vehicles operated by independent contractors or vehicles operated for or on behalf of the franchise holder;
(2) 
Be carried with an insurance company authorized to do business in the State of Texas and rated by Best's Key Rating Guide as "A" or an insurance company licensed and authorized to do business in the State of Texas in the form prescribed or approved by the state board of insurance which is a subscriber to the state guaranty fund established by the state board of insurance or if the required insurance is not reasonably available from a company so qualified, the applicable rating and specific company shall be approved by the City of Irving risk manager.
(3) 
Include a cancellation rider under which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling or making a material change to the insurance policy;
(4) 
Provides that the city is an additional named insured;
(5) 
Provides coverage for all taxicabs operating under the name of the franchise holder whether said taxicabs are owned, leased, hired or contracted and liability coverage for the drivers operating said taxicabs, whether on or off duty;
(6) 
Contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon;
(7) 
The insurance policy required by this chapter shall be filed with the director five (5) working days prior to the time any of the taxicabs operated by the holder may be operated upon city streets; and
(8) 
Prior to the time the holder may operate any taxicab or taxicabs upon the streets of the city, the holder must secure written confirmation from the city that the policy meets the requirements of this section.
(Ordinance 5009, § 1, adopted 8/14/1986; Ordinance 5997, §§ 1, 2, adopted 8/8/1991; Ordinance 6081, § 1, adopted 1/23/1992; Ordinance 6118, § 1, adopted 4/16/1992)
The holder shall install and accurately and correctly keep a system of books, which shall accurately reflect all receipts from the operations of taxicabs. Each system of bookkeeping of each holder shall be approved by the director. If from time to time the director deems any changes in the bookkeeping system to be necessary, such changes shall be made immediately upon receipt of request from the director to make such changes. The books shall be subject to inspection at any reasonable time by the city council or the director or by any person designated by the city council or the director. Failure or refusal to keep adequate, accurate and correct books of account and to make such reasonable changes in bookkeeping systems as may be requested by the director shall be adequate and sufficient reason for the revocation and cancellation by the city council of any operating authority granted by it under the terms of this chapter.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
Each holder shall provide its drivers with forms, approved by the director for maintaining a daily manifest. The form must include appropriate spaces for recording:
(1) 
Taxicab number, driver's name, date, hours of operation, meter number, total miles, paid miles, units, trips and extras;
(2) 
Time, place, origin and destination of each trip;
(3) 
Number of passengers and amount of fare and other charges; and
(4) 
Other information required by the director to aid in the discharge of his duties.
(b) 
Each driver shall complete a manifest on a separate form for each tour of duty. The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each trip. The driver shall return completed manifest forms to the holder once a week unless the director requires that the manifest forms be turned in more frequently.
(c) 
The holder shall maintain the manifest for a period of two (2) years along with the accounting books and records kept under this chapter, and make such manifests available to the director for inspection.
(Ordinance 5009, § 1, adopted 8/14/1986)
(a) 
A franchise holder must notify the director in writing of all jurisdictions in which he operates and under what authority.
(b) 
A holder must notify the director of any loss of operating authority in any jurisdiction whether by suspension, revocation or otherwise.
(Ordinance 5009, § 1, adopted 8/14/1986)
The director may notify any governmental entity of a suspension, revocation, disciplinary action, criminal offense, citizen complaint or other matter pertaining to taxicab operation. The city assumes no liability for the dissemination of such information.
(Ordinance 5009, § 1, adopted 8/14/1986)