[HISTORY: 1988 Code §§ 190-1 — 190-19 adopted as amended through December 31, 2013. Amendments noted where applicable.]
The Township Council has determined not to issue any autobus/taxi licenses as they are defined in N.J.S.A. 48:16-1.
It is the purpose of this chapter to establish rules and regulations regarding the licensing and requirements that are applicable to limousine/livery services. The scope of this chapter is limited to limousine/livery services and the Township Council has determined not to issue any autobus/taxi licenses as they are defined in N.J.S.A.48:16-1.
As used in this chapter, the following terms shall have the meanings indicated:
- Means and includes any automobile or motor car 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 of no more than 14 passengers, not including the driver, provided, that such a vehicle is certified by the manufacturer of the original vehicle and second-stage manufacturer, if applicable, to conform to all applicable Federal Motor Vehicle Safety Standards promulgated by the United States Department of Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.). In addition, a "Vehicle Emission Control Information" label, which contains the name and trademark of the manufacturer and an unconditional statement of compliance with the emission requirements of the Environmental Protection Agency, shall be present on the vehicle. Nothing in this chapter contained shall be construed to include taxicabs, hotel buses, buses employed solely in transporting school children or teachers, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses which are subject to the jurisdiction of the Department of Transportation, or interstate autobuses required by federal or State law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
- LIMOUSINE OR LIVERY SERVICE
- Means and includes the business of carrying passengers for hire by limousines.
- Means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
- PRINCIPAL PLACE OF BUSINESS
- Means, in reference to a municipality, the location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, or where limousine drivers reports for duty.
- Means and includes any street, avenue, park, parkway, highway, or other public place.
A limousine/livery service license, as authorized by this chapter, shall entitle the holder of said license to operate one limousine/livery service. More than one license may be issued to one applicant, provided that each limousine/livery service will be in actual use during the licensed year.
No owner of a limousine/livery service or other person having direction or control of a limousine/livery service shall operate it or permit it to be operated as a vehicle for hire or for transporting passengers for compensation upon the streets of the Township of Wayne unless a limousine/livery service license has first been issued for said vehicle by the Township of Wayne. The requirements of this section shall not apply to a limousine/livery service duly licensed by another municipality while such limousine/livery service is being operated in the Township of Wayne solely in response to a call to pick up a passenger or passengers or for the purpose of delivering to a destination or destinations within the township. No limousine/livery service shall be permitted to cruise in the municipality for the purpose of engaging passengers.
Every person applying for a limousine/livery service license or a renewal or transfer thereof must be at least 21 years of age. If a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and shall maintain a principal place of business in the Township of Wayne. In the event the corporation is not incorporated under the State of New Jersey then said corporation must submit proof that it is authorized to transact business in the State of New Jersey. The application for a license shall be filed with the Township Clerk upon forms provided by the Township Clerk. It shall be verified under oath and shall include, but not limited to the following information:
Name, address and age of the applicant. If the applicant is a partnership, the names and addresses of the partners and their respective interests in the partnership shall be given, and if a corporation, the names and addresses of all officers, directors and stockholders shall be given.
The year, vehicle identification number, make, model and color of the vehicle or vehicles to be licensed.
The passenger capacity of the vehicle or vehicles (not including the driver's seat).
A description of the applicant's experience in the transportation of passengers.
The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminal points.
The criminal record, if any, of the applicant; and if the applicant is a corporation, partnership or incorporated association, the criminal record, if any, of each person participating in the ownership or management of the applicant as stockholder, partner, officer, manager or otherwise.
Trade name, address and phone number of principal place of business and email address.
A schedule of rates to be charged by the applicant.
No limousine/livery service shall be operated wholly or partly along any street in the Township of Wayne until the owner of the limousine/livery service shall have filed with the Clerk of the Township of Wayne an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine/livery service owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine/livery service upon any public street.
Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine/livery service or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
Limousine/livery service applicants shall comply with the provisions of N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.7. After a limousine/livery service license is issued, the holder thereof shall be required to continue to comply with said statutory provisions of the State of New Jersey.
All limousine/livery service vehicles shall have/be:
A minimum of four doors, two leading into the passenger's compartment and two leading into the driver's compartment, so constructed that they may be opened from the inside and the outside. Each door shall be constructed with an approved safety lock.
Upholstery covering and/or interior lining constructed of leather or other nonabsorbent and washable material, except the roof lining.
Floor mats constructed of removable rubber or other nonabsorbent material.
A passenger compartment light adequate to illuminate the interior of the passenger's compartment and having a switch easily accessible to the passenger.
Maintained clean and sanitary.
No limousine/livery service license shall be issued, renewed or transferred until the following items have been submitted:
Copy of driver's license of all persons employed by the applicant, including the applicant.
Copy of vehicle registration for all vehicles listed on the application.
Copy of Corporation Code (corpcode) letter from N.J. Motor Vehicle Commission.
Copy of letter of qualification from N.J. Motor Vehicle Commission for all drivers, (if applicable).
Copy of N.J. Business Registration Certificate.
Copy of most recent inspection check list (daily log) as per N.J.S.A. 48:16-22.2.
A certification from the Zoning Officer of the Township of Wayne that the holder of said license may maintain a limousine/livery service depot conforming to zoning regulations of the Township.
A notarized statement from the owner of the property authorizing the applicant to depot cars on said property.
If the principal place of business is in Wayne, but the depot for vehicle(s) is in another municipality, then a copy of the zoning permit or letter from that municipality indicating that said vehicles are permitted to be in depot in their municipality is required.
No limousine/livery service license shall be transferred without the consent of the Township Council given in writing. With such consent, which shall be granted only upon the filing of an application by the prospective transferee and a finding that he/she would be qualified to receive a license in accordance with the provisions of this chapter, the license may be transferred, provided it is to be used by the transferee in a bona fide operation of a limousine/livery service business. No limousine/livery service license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
The Township Council of the Township of Wayne shall consider all applications for limousine/livery service licenses. If it finds that the limousine/livery service applicant meets all the requirements of this chapter, then the Council shall direct the Township Clerk to issue a license, which shall be numbered, stating the name and address of the principal place of business of the licensee, identifying the vehicle for which the limousine/livery service license is issued and the date of issuance; and any other information as may be required by State law and/or the Township of Wayne.
A limousine/livery service license shall entitle the limousine/livery service therein described to be operated in the Township of Wayne until the said license either expires or is surrendered, suspended, revoked or vehicle insurance expires, and it shall be transferable only with the approval of the Township Council.
Any license issued pursuant to the terms of this chapter shall expire at 12:00 midnight of the 31st day of March of the year next succeeding the year in which it was issued, unless sooner surrendered, suspended, revoked or due to expiration of insurance.
A license under this Chapter is subject to suspension or revocation for violating any applicable provision of the laws of the State of New Jersey and of this Chapter or where the operation of the licensed limousine/livery service is otherwise detrimental to the preservation of the health, safety and welfare of the public. The licensee shall be served with a written complaint from the Township Clerk's Office along with a notice to appear before the Township Council for a hearing. Such service shall be made by personal service or certified and regular mail at least 10 days before the hearing date. The Township Council after such hearing may suspend or revoke license.
Owners of limousines/livery services, their agents and employees and drivers engaging in the limousine/livery service business shall render courteous and undiscriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Township of Wayne as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when a limousine/livery service vehicle will be available to serve him. Limousine/livery service owners must post in the limousine/livery service vehicle a schedule of rates to be charged, and upon inquiry the limousine/livery service driver shall be required to state the rates.
No limousine/livery service vehicle covered by the terms of this chapter shall be operated at any time in the Township of Wayne unless it is in good repair and in sound condition to provide safe and dependable transportation.
No driver of any limousine/livery service vehicle shall permit persons to be carried in a limousine/livery service vehicle as passengers in excess of the seating capacity of the limousine/livery service vehicle as stated in the license application.
Fees as provided in Chapter 75, Fees, shall be paid to the Township of Wayne at the time any license required by this chapter is applied for.
No fee shall be refunded because the license applied for is denied, suspended or revoked.
Applications for renewal licenses shall be filed not later than March 1.
All licenses issued under this Chapter are subject to a $25.00 late fee if the license is not renewed by the expiration date of the current license.