[HISTORY: Adopted by the Township Committee of the Township of Andover 2-13-2006
by Ord. No. 2006-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 10.
[1]
Editor's Note: This ordinance also superseded former Ch. 163,
Taxicabs, adopted 10-30-1973 as § 7-7-of the 1973 Code.
As used in this article, the following terms shall have the meaning
indicated:
Any person who drives a taxicab within this Township.
Of a taxicab, shall consist of transporting in such taxicab at least
one but not more than nine persons, exclusive of the driver, for hire on any
of the streets in this Township, accepting a passenger to be transported for
hire within this Township or from a point within the Township to a point outside
of the Township limits. The operation of a taxicab as above described by one
other than the owner shall be deemed operation by the owner thereof as well
as by the person actually driving the same. The transportation of any person
other than the owner or driver in a taxicab as hereinafter defined shall be
prima facie evidence of operation.
Any person in whose name title to any taxicab is registered with
the New Jersey Division of Motor Vehicles or who appears in such record to
be the conditional vendee or licensee thereof.
Any person who has filed a leasing disclosure statement and filed
the necessary papers to lease a taxicab.
Any person 62 years of age or older.
Includes any street, avenue, park, parkway, local, country, state
or federal highway or other public roadway located within the Township, whether
or not the same is an improved road.
Any automobile or motor car capable of carrying up to nine passengers,
exclusive of the driver, and which may commonly be referred to as a "taxi,"
"cab," "van" or "hack," duly licensed by the Township and engaged in the business
of carrying passengers for hire, which is held out, announced or advertised
to operate or run or which is operated and run over any of the streets within
the Township of Andover and which accepts passengers for transportation from
points and places within the Township to points and places within or without
the same Township; provided, however, that nothing herein contained shall
include autobuses or buses or designated routes, public deliveries or jitneys
or such public conveyances as are by law exclusively subject to state and/or
federal regulation.
The Township of Andover, Sussex County, New Jersey.
There are hereby established three classes of taxicab licenses to be
known as "taxicab owner's license," "taxicab driver's license" and
taxicab renter's license."
A.
Taxicab owner's license. A taxicab owner's
license shall entitle a taxicab therein described to pick up passengers within
the Township and to otherwise be lawfully operated anywhere within this Township
by a driver duly licensed hereunder and by the New Jersey Division of Motor
Vehicles until either of said licenses either expire or are surrendered, suspended
or revoked and shall not be transferable.
B.
Taxicab driver's license. A taxicab driver's
license shall entitle the person named therein to operate within this Township
any taxicab duly licensed hereunder and by the New Jersey Division of Motor
Vehicles until either of said licenses either expires or is surrendered, suspended
or revoked and shall not be transferable. There shall be no limit to the number
of taxicab driver's licenses issued.
C.
Taxicab renter's license. A taxicab renter's
license shall entitle the person named therein to rent and/or lease and operate
one taxicab within this Township. The taxicab shall be duly licensed by the
owner with the Township and by the New Jersey Division of Motor Vehicles,
until either of the licenses expires or is surrendered, suspended or revoked.
The taxicab renter's license shall not be transferable.
A.
All applications for taxicab owner's licenses shall
be written in duplicate and shall contain the full name and address of the
owner, the serial number, type, color, year and make of the taxicab, the state
registration number, number of doors on said vehicle and number of persons
the vehicle can carry as passengers. All applications shall be filed with
the Township Clerk who shall, prior to the issuance of said license, receive
proof from the applicant that the applicant is at least 21 years of age. If
the applicant is a corporation, such corporation must be organized and existing
under the laws of the State of New Jersey and must present proof thereof or,
if organized and existing under the laws of another state, be officially able
to do business in the State of New Jersey and must supply the name and address
of the New Jersey registered agent for said corporation.
B.
Each applicant for taxicab driver's license or renter's
license shall, in addition to the requirements of any law of the State of
New Jersey, establish to the satisfaction of the Township Council or its designee
that such applicant has been regularly licensed by the Division of Motor Vehicles
of New Jersey and that the applicant is at least 21 years of age. Each applicant
for a taxicab driver's license shall submit a certificate from a licensed
physician of the State of New Jersey at the applicant's expense certifying
that the applicant has been examined within the preceding 30 days and that
the applicant has no infirmity of body or mind, or visual impairment or deficiency
which might render the applicant unfit for the safe operation of taxicab;
said physician's certificate shall be presented at the time of the initial
application and at the time of alternate renewals thereafter; each applicant
must furnish with the application three recent photographs of the applicant
being not less than 1 1/4 inches in height by one inch in length. One
photograph is to be filed with each application, and one is to be attached
to an identification card which is to be displayed in the interior of the
taxicab driven by the applicant. No person shall drive any taxicab in the
Township until the license to drive the same, herein provided for, is issued
to such driver. Any change of residence of the holder of said license shall
be reported to the Township Clerk within five business days of the date of
the change. All applications shall be filed with the Township Clerk who shall
submit said applications, upon the completion of the investigation, to the
Township Council.
Each applicant for a taxicab driver's license, taxicab owner's
license or taxicab renter's license shall be required to pay to the Township,
with the application, whatever sum of money charged by the State of New Jersey
to process a name check for any criminal record. No application for a taxicab
driver's license or taxicab owner's license shall be approved until
such time as the applicant has executed a form of consent and release so as
to permit the Andover Township Police Department to conduct such investigation
as may be required in order to determine that the applicant substantially
complies with the meaning, intent and purpose of this article.
Upon the filing of the required application and the payment of the required
fees, plus an additional charge of $25, an applicant for an owner taxicab/limousine
license and/or taxicab/limousine driver's license shall be entitled to
a temporary permit which shall expire 30 days from the date of issuance. In
the event that a permanent license has not been issued within said thirty-day
period, the temporary permit may be extended for an additional thirty-day
period if, and only if, the same is validated in the office of the Township
Clerk.
A.
A taxicab owner may lease or rent a taxicab to another
party. Prior to the renter taking possession of the taxicab, a leasing disclosure
statement, signed by both parties, must be filed, in person, by the taxicab
owner with the Township Clerk, indicating:
(1)
The date of execution of the lease.
(2)
The names and addresses of the owner and renter and their
respective social security or federal identification numbers.
(3)
The owner's Andover Township license number and
the license plate number of the taxicab to be rented.
(4)
The term of the lease which shall not exceed one year
in duration.
(5)
The name and address of the renter's insurance carrier,
the policy number and expiration date thereof, together with a copy of the
cover sheet of said policy which specifically covers Andover Township as an
additional first party insured and which shall otherwise contain a hold harmless
agreement from the carrier on behalf of the renter for the benefit of Andover
Township.
B.
Regardless of the term of the lease, the owner is responsible
for complying with all national, state, county and municipal laws, rules and
regulations governing taxicab owners.
C.
If a lease or its renewal is terminated by any reason,
the taxicab owner shall notify the Township Clerk in writing within 48 hours
of such termination.
D.
A taxicab owner shall not authorize or permit a renter
of the taxicab to sublease the taxicab to another party. Renters are specifically
prohibited from subleasing the taxicab leased from an owner, and taxicab renters
are required to be an operator of the taxicab which they lease or rent.
E.
With respect to a leased cab, there shall be more than
two drivers of said cab which may either be the owner and one renter or two
renters, in which case the owner shall not be permitted to be a driver of
that cab.
F.
A renter may only be a renter to one owner and shall
not, therefore, at any time for any reason, operate any other taxicab other
than the one he/she leases.
A.
Each applicant for a taxicab owner's license or
taxicab renter's license shall be accompanied by a policy of insurance,
with the premium prepaid thereon, written by an insurance company duly licensed
to transact business under the insurance laws of the State of New Jersey,
which shall be submitted to the Township Clerk and to the Township Solicitor
for approval as to form and sufficiency. A certificate of insurance must be
submitted to the Township Clerk prior to a license being approved.
B.
Such policy shall be conditioned for payment of a sum
required to satisfy all claims for damage by reason of bodily injury to or
the death of all persons or property damage as follows:
(1)
Up to six-passenger vehicle: not less than $500,000 combined
single limit.
C.
Such policy shall provide coverage for every driver of
each vehicle listed in the policy, and the acceptance of said policy by the
Township of Andover and the issuance of the license by the Township shall
constitute an agreement by and between the applicant and the Township that
applicant holds and saves harmless the Township from any and all claims from
damages arising out of personal injury and/or property damage made by third
parties as the result of the issuance of said license and the operation of
a taxicab. In the event that such policy is canceled for any reason, a notice
of such action must be delivered to the Andover Township Clerk 20 days prior
to the effective date of cancellation by the insurance company providing coverage
to the taxi operator.
No taxicab owner's, renter's or driver's license shall
be issued until the applicant therefor shall have delivered to the Township
Clerk, concurrently with the filing of the application and insurance policy
referred to herein, a power of attorney executed by said applicant wherein
and whereby the applicant shall appoint the Township Clerk for the Township
as his or her, its true and lawful attorney for the purpose of acknowledging
service of any process out of court of competent jurisdiction to be served
against the insured by virtue of the indemnity granted under the insurance
policy filed.
A.
The Township Council or its designee may, in its discretion,
refuse to issue or renew or may, after notice and hearing, revoke or suspend
any license issued under the provisions of this article if the applicant has
been convicted of any crime, disorderly persons offense or petty disorderly
in this state or in any other state or territory, or has been convicted of
a violation under Title 39, Motor Vehicles and Traffic Regulations, of the
Revised Statutes of New Jersey, or who violates any provision of this article
or has any judgment unsatisfied of record arising out of an automobile accident
or who has made false answers in the application for such license or any renewal
thereof or who has failed or fails to render reasonably prompt, safe and adequate
taxi services or who has not complied fully with the requirements of this
article for such class of licensure, or if the licensee or applicant has in
any degree contributed to any injury to person or damage to property arising
out of negligent operation of a motor vehicle or as to any taxicab owner's
license if the motor vehicle licensed or to be licensed by reason of unsafe
or unsanitary conditions is dangerous to the safety or health of the occupants,
and others, or if the policy of insurance required herein has once lapsed
or such coverage is not maintained at all times, or a taxicab, at any time,
carries more passengers than the same is authorized to carry by the terms
of this article.
B.
Any taxicab owner's or driver's license which
remains unused for a period of at least one year shall automatically revert
to the Township and shall be deemed null and void.
C.
No taxicab owner's license or driver's license
shall be issued to, or renewed for, any taxi owner or taxi driver unless and
until proof shall have been given to the Township Clerk that the owner and/or
driver has adequately provided for the safety of children under the age of
five years who are passengers in the taxicab or cabs owned and/or operated
by them. In the case of a taxi owner who owns more than one taxi, such proof
shall consist of a written policy and posted notice at the base of operation
and in all taxicabs owned by him, conspicuous to drivers, setting forth that,
prior to the operation of the taxicab, children 18 months of age or younger,
who are passengers in a taxicab, shall be placed in a federally approved child
restraint seat, and children over the age of 18 months, but under the age
of five years, must be placed in a car seat, if riding in the front seat of
the taxicab or in a lap and/or lap and shoulder harness seat belt, if riding
in the rear seat of the taxicab. The owner of more than one taxicab must,
at all times, keep and maintain in his vehicles or at the base of operation
a total number of federally approved car seats equal to 25% of the number
of licensed taxicabs owned by him, which shall at all times be available for
use by drivers of the cabs owned by said taxicab owner. In the case of an
owner of a single taxicab, such proof shall consist of proof that the owner
keeps and maintains a federally approved car seat in the passenger compartment
or trunk of the licensed vehicle at all times, for use in accordance with
this provision.
A.
No taxicab shall be operated in the Township unless and
until there is predominantly displayed in the interior thereof, within full
view and access of any passengers therein and on the exterior of the vehicle,
a complete list of fares, charges or tariff rates so displayed which shall
be those to be charged to any passengers so transported, and no other fares,
charges or tariff rates will be utilized. A schedule of said fares, rates
and tariffs, prior to use, shall be filed in an acceptable form with the Township
Clerk. No rate change shall take effect unless and until the same shall have
been filed with the Township Clerk at least 10 days prior to the proposed
effective date of the change.
B.
No taxicab shall at any time carry more than five passengers
unless otherwise designated on the taxicab owner's license. Every driver
of such taxicab shall have the right to demand payment of legal fare in advance
and may refuse employment unless so prepaid; but no driver of such vehicle
shall otherwise refuse or neglect to convey any orderly person or persons
upon request anywhere in the Township unless previously engaged or unable
to do so. No driver of any such taxicab shall carry any other person than
the first passenger employing him, without the consent of the first passenger.
C.
Every holder of an owner's license shall require
the driver of the taxicab to keep a daily record identified by the cab number
of the taxicab used and the license number of the taxicab driver, which record
shall include the time and place when and where a passenger was accepted as
well as the time and place of discharge. These records shall be kept for at
least one year and shall be open, at all times, for inspection by any duly
authorized law enforcement officer.
D.
Senior citizens who are residents of the Township of
Andover shall receive a twenty-percent discount from any posted taxicab fare,
and said reduced rate shall be prominently posted on the interior of the taxicab.
E.
All taxicabs so licensed in Andover Township are required
to have installed therein a standard taxicab meter attached to the odometer.
This meter shall prominently display the fare to the passenger and shall be
calibrated annually under the auspices of the Township prior to the issuance
of any renewal license. The Township shall choose the appropriate form of
calibration, and all taxicab meters shall be sealed by the Township.
A.
There shall be affixed in every taxicab, in such manner
that the same can be conveniently read by any person in the taxicab, a card
at least three inches in height by at least five inches in length, containing
the name of the owner, the license number of the vehicle, the year of issuance
and the number of passengers that can be lawfully transported in such taxicab.
A card shall also contain a photograph of the taxicab driver with the name
of the driver and his license number.
B.
Every taxicab so licensed shall have painted on the outside
of the taxicab, on both sides thereof, the word "taxi," "cab," hack," "taxicab"
or "van" in letters at least four inches in height as well as the name under
which the owner is operating said vehicle; or, in the alternative, shall have
on top of each taxicab a sign at least 12 inches in width by six inches in
height made of plastic on which there shall be the word "taxi" and the name
of the company in black letters. The sign shall be illuminated by a white
bulb when the taxicab is in service.
C.
Every taxicab so licensed shall have a decal or other
form of identification placed on the exterior thereof in a format location
and in a size to be prescribed by the Township which clearly identifies that
the vehicle is duly licensed by Andover Township.
A.
Drivers of taxicabs shall not receive or discharge passengers
in the roadways, but shall pull up the right-hand sidewalk as near as possible
or, in the absence of a sidewalk, to the extreme right-hand side of the road
and there receive or discharge passengers, except upon one-way streets where
passengers may be received or discharged on either the right-or left-hand
sidewalk or side of the roadway in the absence of a sidewalk.
B.
Every person operating a taxicab, whether an owner and/or
driver, who is transporting a child under five years on roadways, streets
or highways of this Township, shall be responsible for the protection of the
child by properly using a child passenger restraint system that complies with
federal vehicle safety standards. No driver shall operate a taxicab in which
a child five years of age or younger is a passenger unless:
(1)
A child 18 months of age or younger is in a car seat
regardless of whether such child is in the front or rear seat;
(2)
A child over 18 months of age but less than five years
is in a car seat, if a front seat passenger, or is in a lap belt or lap belt
and shoulder harness, if a rear seat passenger.
The owner and operator of each taxicab operating in the Township shall
keep the taxicab in good running order so that it makes a presentable appearance
and affords comfortable and safe rides to passengers and remains free from
mechanical defects or other defects which would affect the safety of the passengers.
The owner of each taxicab shall have each taxicab presented to the Chief of
Police or other designated police officer prior to issuance or renewal of
the taxicab owner's license and thereafter upon the request of the Chief
of Police or other police officer so that it may be inspected to determine
whether it complies with the provisions of this article.
No owner or driver of any taxicab shall induce any person to employ
him by knowingly misinforming or misleading any such person as to time and
place of the arrival or departure of any airplane or other regularly scheduled
mode of transportation or as to the location of any hotel, motel, public place
or private residence within this Township, nor shall any such owner or driver
deceive any person or make false representations to any person or convey any
passenger to any other place or over any street other than that to which the
passenger may have instructed the driver to go. Every owner and driver shall
be responsible to see to it that all passengers are carried in a safe and
responsible manner and by using a reasonable and direct route from point of
origin to point of destination. No taxicab shall, at any time, carry more
passengers than the vehicle is designed or licensed for, but in no event shall
any one taxicab carry more than nine passengers.
A.
The annual taxicab owner's license shall be $50
per taxicab. The license shall be effective for a period from January 1 to
December 31 of each year.
B.
There shall be a transfer fee of $15 for the issuance
of taxicab owner's license for a vehicle replacing that originally licensed.
This fee shall be for the administrative cost involved in processing the vehicle.
C.
The annual taxicab driver's license shall be $50
per year. The license shall be effective for the period from January 1 to
December 31 of each year. All licenses are nontransferable.
D.
The annual taxicab renter's license shall be $50
per year. The license shall be effective for a period from January 1 to December
31 of each year. All licenses are nontransferable.
A.
Every operator of a taxicab immediately after the discharge
of a passenger must search the taxicab for any property lost or left therein,
and any such property found unless sooner delivered to the owner, must be
reported, in writing, by the operator or owner of the taxicab to the Township
Clerk with the particulars and description of the property within 12 hours
after the finding thereof.
B.
Official notice will be taken of any misconduct, deceit,
fraud, subterfuge or actions of the driver which are against the best interest
of the public, even though not specifically mentioned in the rules. Any violation
of these rules may result in suspension or revocation of license.
C.
Holders of taxicab owner's and/or driver's licenses prior to the effective date of this subsection shall have 30 days from the effective date hereof to comply with the requirements set forth herein before any penalty may be imposed for violations hereof. The license of any taxicab owner or driver who does not comply with the requirements of this section as set forth herein shall be subject to the penalties provided for in § 163-20. The requirements of this section shall be strictly applied to any applicant for licensure or renewal of any license after the effective date and grace period provided for by this section.
The number of taxicab owner's licenses that may be issued in any
one year shall be limited to one such license per 1,000 Township residents
as estimated in the most recent official state population estimates. Based
upon that estimate, the number of licenses permitted to be issued as of the
date of the adoption of this article shall be 21. There shall be no limit
to the number of taxicab driver's licenses issued.
A taxicab owner's license which is not operational for a period
of 12 consecutive months shall automatically revert to the Township without
notice or hearing and may thereafter be issued by the Township to any qualified
person.
In the event that a taxicab is being operated by a party who does not have a taxicab driver's license, as defined in this article, both the driver and the owner of the taxicab shall be subject to the penalty provisions as set forth in § 163-20 of this article.
Every person or persons, firm or corporation found guilty in a municipal
court of competent jurisdiction of violating any of the provisions of this
article shall be fined not less than $100 nor more than $2,000 and/or imprisoned
for a period not to exceed 90 days and/or required to complete community service
for not less than five days nor more than 30 days and/or suspension of an
owner's and/or driver's license for a period not to exceed 60 days
and/or a recommendation of a revocation of an owner's and/or driver's
license to the Municipal Council. Each succeeding day of a violation shall
be constructed as a new violation.
Nothing in this article shall be construed to exempt any person, firm
or corporation owning or operating a taxicab from complying with the laws
relating to the ownership, regulation and operation of automobiles in the
State of New Jersey.
As used in this article, the following terms shall have the meanings
indicated:
A limousine.
Any person who drives a limousine within this Township.
A motor vehicle used in the business of carrying passengers for hire
to provide prearranged passenger transportation at a premium fare on a dedicated,
nonscheduled, charter basis that is not conducted on a regular route and with
a seating capacity in no event of more than 14 passengers, not including the
driver, provided that such a vehicle shall not have a seating capacity in
excess of four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the time of
manufacture. Nothing in this definition shall be construed to include taxicab,
hotel buses or buses regulated by the New Jersey Department of Transportation.
Includes the business of carrying passengers for hire by limousine.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed by
any court whatsoever.
Includes any street, avenue, park, parkway, highway, boulevard or
other public place.
The Township of Andover, Sussex County, New Jersey.
There are hereby established two classes of limousine licenses, to be
known as "limousine owner's license" and "limousine driver's license."
A.
Limousine owner's license. A limousine owner's
license shall entitle the limousine therein described to be operated anywhere
within this Township by a driver duly licensed hereunder, until such license
either expires or is surrendered, suspended or revoked, and shall not be transferable.
There shall be no limit to the number of limousine owner's licenses issued.
B.
Limousine driver's license. A limousine driver's
license shall entitle the person named therein to operate within this Township
any limousine duly licensed hereunder, until the license either expires or
is surrendered, suspended or revoked, and shall not be transferable. There
shall be no limit to the number of limousine driver's licenses issued.
A.
No person shall hire out, keep or use for hire or pay,
or to be kept or used for hire or pay, any limousine within the Township without
first having obtained an owner's license for that purpose, as provided
by this article.
B.
No license required by this section shall be issued or
renewed unless the limousine sought to be licensed has been thoroughly and
carefully inspected by the Andover Township Police Department and a certificate
issued that the same is found to be in a safe and comfortable condition for
the transportation of passengers, of good appearance and well painted.
A.
Applicants for a limousine owner's and/or limousine
driver's license shall be required to pay to the Township, with the application,
whatever sum of money charged by the State of New Jersey to process a name
check for any criminal record. No application for limousine owner's and/or
limousine driver's license shall be approved until such time as the applicant
has executed a form of consent and release so as to permit the Andover Township
Police Department to conduct such investigation as may be required in order
to determine that the applicant substantially complies with the meaning, intent
and purpose of this article.
B.
Each applicant for limousine owner's license shall,
in addition to the requirements of any law of the state, establish, to the
satisfaction of the Township Clerk, the following:
(1)
Application shall contain the full name and address of
the owner, the serial number, type, color, year and make of the limousine,
the state registration number, number of doors on said vehicle and number
of persons the vehicle can carry as passengers.
(2)
All applications shall be filed with the Township Clerk
who shall, prior to the issuance of said license, receive proof from the applicant
that the applicant is at least 21 years of age.
(3)
If the applicant is a corporation, such corporation must
be organized and existing under the laws of the State of New Jersey and must
present proof thereof, or if organized and existing under the laws of another
state, be officially able to do business in the State of New Jersey and must
supply the name and address of the New Jersey registered agent for said corporation.
(4)
Applications for a limousine owner's license shall show proof of insurance of $1,500,000 as per § 163-28A(1).
C.
Each application for a limousine driver's license
shall, in addition to the requirements of any law of the state, establish,
to the satisfaction of the Township Clerk, that such applicant:
(1)
Is currently licensed by the New Jersey Department of
Motor Vehicles and maintains a valid New Jersey license.
(2)
Is at least 21 years of age.
(3)
Is a legal resident of the United States.
(4)
Submits a certificate from a licensed physician of the
State of New Jersey, at the applicant's expense, certifying that the
applicant has been examined within the preceding 30 days and that such applicant
has no infirmity of body or mind, or visual impairment or deficiency, which
might render the applicant unfit for the safe operation of a limousine.
(5)
Submits to a traffic violations check for the preceding
five years to be conducted by the Township and that he or she has sufficient
knowledge of the Township's traffic regulations.
(6)
Submits two recent photographs, being not less than 1 1/4
inches in height by one inch in length, of the applicant, with the application.
The Township Council or its designee may, in its discretion, refuse
to issue or renew or may, after notice and hearing, revoke or suspend any
license issued under the provisions of this article if the applicant has been
convicted of any crime, disorderly persons offense or petty disorderly in
this state or in any other state or territory, or has been convicted of a
violation under Title 39, Motor Vehicles and Traffic Regulations, of the Revised
Statutes of New Jersey or who violates any provision of this article or has
any judgment unsatisfied of record arising out of an automobile accident or
who has made false answers in the application for such license or any renewal
thereof or who has failed or fails to render reasonably prompt, safe and adequate
limousine services or who has not complied fully with all requirements of
this article for such class of licensure, or if the licensee or applicant
has in any degree contributed to any injury to person or damage to property
arising out of negligent operation of motor vehicle or as to any limousine
owner's license if the motor vehicle licensed or to be licensed by reason
of unsafe or unsanitary conditions is dangerous to the safety or health of
the occupants, and others, or if the policy of insurance required herein has
once lapsed or such coverage is not maintained at all times, or a limousine,
at any time, carries more passengers than the same is authorized to carry
by the terms of this article.
The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with the filing of a certificate of insurance pursuant to § 163-28A(1), a power of attorney, wherein and whereby the owner shall appoint the Director of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A.
Insurance requirements.
(1)
No limousine shall be operated wholly or partly along
any street in this Township until the owner of the limousine shall have filed
with the Township Clerk, in which the owner has his/her principal place of
business within this Township, a certificate of insurance, by a company duly
licensed to transact business under the insurance laws of this state, in the
sum of $1.5 million against loss by reason of the liability imposed by law
upon every limousine for damages on account of bodily injury or death suffered
by a person as result of an accident occurring by reason of the ownership,
maintenance or use of the limousine upon any public street.
(2)
The operation shall be permitted only so long as the
insurance policy remains in full force and effect as to the full and collectible
amount of $1.5 million. Limousine owners, or anyone on its behalf, shall not
undertake to cancel or have canceled any such policy without giving the Township
Clerk 10 days' notice of the intention to do so. No such policy shall
be filed by the Township Clerk unless such policy shall contain a provision
to the effect that the Township Clerk shall be afforded at least 10 days'
notice of the intention of the insurance company which issued such policy
to cancel same.
(3)
The insurance policy shall provide for a payment of any
final judgment recovered by any person on account of the ownership, maintenance
and use of such limousine upon any public street or any fault in respect thereto
and shall be for the benefit of every person suffering loss, damage or injury
as aforesaid.
B.
Every person operating a limousine, whether an owner
and/or driver, who is transporting a child under five years on roadways, streets
or highways of this Township, shall be responsible for the protection of the
child by properly using a child passenger restraint system that complies with
federal vehicle safety standards. No driver shall operate a limousine in which
a child five years of age or younger is a passenger unless:
(1)
A child 18 months of age or younger is in a car seat
regardless of whether such child is in the front or rear seat;
(2)
A child over 18 months of age but less than five years
is in a car seat, if a front seat passenger, or is in a lap belt or lap belt
and shoulder harness, if a rear seat passenger.
C.
Issuance of license of operation; drivers to be licensed.
(1)
The Township Clerk, upon the filing of the required application
and certificate of insurance, shall issue a license, in duplicate, showing
that the owner of the limousine service has complied with the terms and provisions
of this chapter.
(2)
The license shall state the name of the insurance company,
the number and date of expiration of the policy and a description and the
registration number of each limousine service insured thereunder. The duplicate
license shall be filed with the Division of Motor Vehicles before any such
vehicle is registered as a limousine service.
(3)
A limousine shall not be operated by anyone for service
within the Township unless the driver thereof has been issued a valid limousine
driver's license.
D.
Availability of license for inspection; minimum equipment
standards.
(1)
The original license shall be retained within the limousine
and shall be available for inspection by any police officer of the state.
(2)
No limousine shall operate on the highways of this state
unless it has a license issued and the limousine is equipped, in accordance
with minimum standards established by the Director of the Division of Motor
Vehicles in the Department of Transportation, with:
(a)
A two-way communications system, which, at a minimum,
shall provide for communication to a person outside the vehicle for a distance
of not less than 100 miles and which requirement may be satisfied by a mobile
telephone.
(b)
A removable first-aid kit and an operable fire extinguisher,
which shall be placed in an accessible place within the vehicle.
(c)
Sideboards attached to the permanent body construction
of the vehicle if the height of the vehicle floor is 10 inches or more above
ground level.
A.
The fee for each limousine owner's license will
be $50 per vehicle. The license shall be effective for a period from January
1 to December 31 of each year.
B.
The fee for each limousine driver's license will
be $50 per year. The license shall be effective for a period from January
1 to December 31 of each year.
No lettering, emblem or advertising may be placed on a licensed limousine.
Subject to regulations to be promulgated by the Township Clerk, a limousine
license sticker shall be placed on the left rear bumper of every licensed
limousine.
Limousine drivers shall not knowingly solicit business in a manner similar
to that of a taxicab or attempt to solicit business by knowingly misleading
a prospective passenger.
Nothing in this article shall exempt any person owning or operating
a limousine from complying with the laws relating to the ownership, regulation
and operation of limousines in the State of New Jersey.
A person who shall own and operate a limousine in any street in this
state in violation of the provisions of this article shall be subject to the
following penalties:
A.
For operating a limousine without a license issued by
a municipality, operating a limousine without authority to operate a limousine
in interstate service granted by the Federal Highway Administration, or the
Interstate Commerce Commission, knowingly permitting a driver to operate a
limousine without a validly issued driver's license or a validly issued
commercial driver's license, if required, failure to have filed an insurance
policy, operating a limousine in which the number of passengers exceeds the
maximum: a fine of $2,500 for the first offense and a fine of $5,000 for the
second or subsequent offense.
B.
For operating a limousine without the special registration
plates required or operating a limousine without the limousine being properly
inspected: a fine of $1,250 for the first offense and a fine of $2,500 for
the second or subsequent offense.
C.
For operating a limousine without the attached sideboards,
if required, failure to retain within the limousine appropriate proof of insurance
or failure to execute and deliver to the Director of the Division of Motor
Vehicles the power of attorney required: a fine of $250 for the first offense
and $500 for the second and subsequent offense.
D.
For failure to be equipped with a two-way communications
system, a removable first-aid kit or an operable fire extinguisher: a fine
of $50 for the first offense and $100 for the second and subsequent offense.
In the event that the limousine is being operated by a party who does
not have the license called for in this article, both the driver and the owner
of the limousine shall be subject to the penalty provisions hereinabove set
forth.
