It is unlawful for any person to engage in the
business of operating a taxicab within the City of Lowell without
obtaining, pursuant to this chapter, a license for each vehicle so
operated. The driver and/or owner of any vehicle operated without
such a license or otherwise in violation of this chapter or any rule
or regulation issued pursuant to this chapter may be fined up to $300
per violation. Each day of violation shall constitute a separate offense.
It is unlawful for any person to engage in the
business of operating a livery within the City of Lowell without obtaining,
pursuant to this chapter, from the City of Lowell, a license for each
vehicle so operated. The driver and/or owner of any vehicle operated
without such a license or otherwise in violation of this chapter or
any rule or regulation issued pursuant to this chapter may be fined
up to $300 per violation. Each day of violation shall constitute a
separate offense.
The Superintendent shall have the authority to issue taxicab licenses pursuant to this chapter and subject to such rules and regulations as may be adopted pursuant to §
254-3. Such licenses shall be valid for a term of one year from the date of issuance and shall be renewed annually.
The Superintendent shall have the authority to issue livery licenses pursuant to this chapter and subject to such rules and regulations as may be adopted pursuant to §
254-3. Such licenses shall be valid for a term of one year from the date of issuance and shall be renewed annually.
Upon the issuance or renewal of any vehicle license required by this chapter, said licensee shall pay, to the City of Lowell, a fee as shall be determined by the Superintendent and as provided for by rules and regulations adopted pursuant to §
254-3.
Each application for a license or a renewal
of any license required by this chapter shall be made upon forms furnished
by the Police Department and contain the information set forth in
Subsections A through L and such further information as the Superintendent
may require. Any and all such information shall be fully investigated
by the Lowell Police Department. No license shall issue in the absence
of any of the information required by Subsections A through L or in
the event that investigation reaches an unsatisfactory conclusion.
A. The name of the titleholder and, if applicable, the
leaseholder of each vehicle, the residence and business address of
each titleholder and, if applicable, the leaseholder, and, if the
titleholder or the leaseholder is a firm, corporation, partnership,
association or business organization, the names and addresses of the
members and managers of such firm, association, or business organization
and/or the partners and managers of such partnership and/or the principal
shareholders, directors, officers and managers of any such corporation.
B. The name of the firm, corporation, partnership, association
or business organization, the members and managers of such firm, association,
or business organization, the partners and managers of such partnership,
or the principal shareholders, directors, officers and managers of
any such corporation under whose agency any taxicab shall be operated
if different from the titleholder or leaseholder.
C. A complete description of each vehicle, including
the number of persons it is constructed to carry, the make, the model,
the year, the vehicle identification number and the state vehicle
registration number.
D. The address where such vehicle will be garaged and
maintained and the address where all manifests shall be stored.
E. The design, color scheme, characteristic insignia,
lettering and marks to be used on each vehicle.
F. The schedule of fares to be charged by each vehicle.
G. The length of time each vehicle has been in use as
a taxicab or livery.
H. The past experience, if any, that the applicant has
had in rendering such licensed service in the City of Lowell or elsewhere
and the period of time that the applicant has rendered such service.
I. Whether or not any person or entity listed in Subsection
A or
B above has any unpaid claims or unsatisfied judgments against such person or entity for damages resulting from the operation of any motor vehicle.
J. Whether or not a taxicab or livery vehicle certificate, license or permit issued to any person or entity listed in Subsection
A or
B above by this City, or by any other city, state, or political subdivision thereof, has been revoked or suspended and, if so, the circumstances of such suspension or revocation.
K. Whether any person listed in Subsection
A or
B has, within the past seven years, been convicted of a felony or misdemeanor, including any traffic offense, and specifically detailing the particulars of any such conviction.
L. Whether any person listed in Subsection
A or
B is a defendant in any pending criminal action and the court where such action is pending.
In addition to the requirements of §
254-10, every application for a license or for a renewal of any license required by this chapter shall include the documents listed in Subsections
A through
E. Such license shall not be issued or renewed unless such documents are provided.
A. A valid certificate of title certifying that the applicant
is the owner or lessee of such vehicle.
B. A valid certificate of registration issued by the
Massachusetts Registry of Motor Vehicles.
C. A valid receipt from the City of Lowell Treasurer's
office showing full payment of all excise taxes assessed to such vehicle.
D. An affidavit certifying, pursuant to MGL c. 62C,
§ 49A, that the applicant has complied with all laws of
the Commonwealth of Massachusetts relating to taxes.
E. A statement from the City of Lowell Parking Clerk
showing full payment of any and all parking fines charged to such
vehicle.
F. An affidavit certifying the Lowell address at which
the vehicle is garaged and maintained.
G. In the case of a livery license, contracts for hire
or other documentation sufficient to demonstrate to the Superintendent
of Police that the applicant operates said vehicle solely as a livery
vehicle.
Each vehicle licensed pursuant to this chapter
shall carry a policy of insurance issued by an insurance company authorized
to transact business in the Commonwealth of Massachusetts and conforming
to the provisions of MGL c. 175. Said policy shall be a policy of
liability insurance which provides indemnity for or protection to
the insured, and any person responsible for the operation of the insured's
vehicle with his/her express or implied consent, against loss by reason
of the liability to pay damages to others for property damage and
bodily injuries, including death, at any time resulting therefrom
sustained during the term of the policy by any person, other than
employees of the insured or of such other person responsible as aforesaid,
who are entitled to payments or benefits under the provisions of MGL
c. 152, and arising out of the ownership, operation, maintenance,
control or use upon the ways of the commonwealth of such vehicle,
to the amount or limit of at least $50,000 on account of property
damage, to the amount or limit of at least $50,000 on account of injury
to or death of any one person, and, subject to such limits as respect
injury to or death of one person, of at least $100,000 on account
of any one accident resulting in injury or death of more than one
person.
Every application to the Superintendent for
a license or for a renewal of any license required by this chapter
shall include a certificate of liability insurance. Said certificate
required by this chapter shall specifically indicate the Lowell address
at which such vehicle is garaged and maintained and shall contain
the endorsements specified in Subsections A through C. Such license
shall not be issued unless such endorsements are provided and all
requirements of this section are met.
A. An endorsement stating that the policy shall not be
cancelled or in any manner amended, changed or altered without giving
the Clerk of the City of Lowell 10 days' notice thereof.
B. In the case of a taxicab license application, an endorsement
specifying that the subject vehicle is insured for use as a taxicab.
C. In the case of a livery license application, an endorsement
specifying that the subject vehicle is insured for use as a livery.
Any taxicab or livery license issued pursuant
to this chapter shall terminate automatically and simultaneously with
the cancellation, expiration or nonrenewal of any policy of insurance
required by this chapter.
The holder of a vehicle license issued pursuant to this chapter shall provide to the Superintendent written notice of any change in the information required by §§
254-10,
254-11,
254-12 and
254-13. Such notice shall be either mailed, via first-class mail, within 24 hours of such change or shall be delivered in hand within 48 hours of such change.
No vehicle shall be licensed as a taxicab or
livery unless the Police Department has inspected such vehicle and
issued a certificate of inspection with respect to such vehicle. Such
certificate of inspection shall certify that:
A. The vehicle bears a valid Massachusetts inspection
sticker.
B. The vehicle is structurally sound and safe for travel.
C. The vehicle operates without unreasonable noise or
vibration which would annoy an ordinary person.
D. The vehicle is equipped with seat belts which function
properly and are visible for use by passengers.
E. The doors function properly and can be opened easily
from inside the cab by a passenger.
F. The vehicle complies with any and all rules and regulations
as shall be adopted by the Superintendent pursuant to this chapter.