All vehicle for hire operators shall be required
to hold a valid Town of Falmouth vehicle for hire operator's license
issued by the Examiner. Written application therefor shall be made
under penalty of perjury to the Examiner on a form provided by the
Examiner. No applicant for a vehicle for hire operator's license shall
be processed until all information required on the application is
provided by the applicant.
An applicant must:
A.
Be at least eighteen (18) years of age.
B.
Be the bearer of a valid Massachusetts operator license
issued in accordance with the provisions of MGL c. 90.
C.
Provide a letter from the person by whom he/she is
to be employed requesting his services.
D.
Provide two (2) photographs, passport size, of himself/herself.
Application for a vehicle for hire operator's
license shall be made at the office of the Town of Falmouth Police
Department. Applicants shall set forth under the penalties of perjury
such uniform information as the Examiner may require of said applicant
in addition to the following information.
A.
Name of the applicant.
B.
The applicant's residence, date of birth, place of
birth, father's name, mother's name, height, weight, complexion, color
of hair and eyes, and social security number.
C.
The number of the applicant's license to operate motor
vehicles in the commonwealth and date of expiration of such license,
and said license shall be displayed at the time of making application.
The fee for the issuing of a Town of Falmouth
vehicle for hire operator license shall be twenty-five dollars ($25.),
which amount shall include the processing fee, payable at the office
of the Town of Falmouth Police Department.
In addition to failure to meet the requirements set forth in §§ 280-3 and 280-4, a decision to reject an application or to suspend, revoke or fail to renew a license, may be based as follows:
A.
An applicant convicted of any felony or misdemeanor
may be barred from receiving or holding a license for up to the maximum
of the following periods of time:
(1)
Five (5) years after the incident leading to the applicant's
or license holder's conviction or admission of sufficient facts or
plea of nolo for the sale or possession of a controlled substance,
or conspiring to violate the controlled substance laws.
(2)
Five (5) years after the incident leading to the applicant's
or license holder's conviction or admission of sufficient facts or
plea of nolo for driving under the influence of alcoholic beverage,
or narcotic drugs, or operating to endanger.
(3)
Five (5) years after the incident which led to a revocation
or two (2) years after the incident which led to the suspension of
a driver's license.
(4)
Five (5) years after the incident which led to the
applicant's or license holder's conviction or admission of sufficient
facts or plea of nolo for a sexually related crime.
(5)
Five (5) years after the incident which led to the
applicant's or license holder's conviction or admission of sufficient
facts or plea of nolo for assault and battery.
(6)
After any moving traffic violation (speeding, stop
sign violation, etc.), the Examiner may suspend the vehicle for hire
operator's license for a period of time set by the Examiner, not to
exceed seven (7) days.
(7)
Applicants with a single conviction for another felony
or misdemeanor shall be barred for a reasonable time in reasonable
proportion to the time for the foregoing felonies and misdemeanors.
(8)
Applicants with two (2) or more such convictions may
be barred for a reasonable time for the foregoing felonies and misdemeanors.
B.
Notwithstanding for the foregoing, where the evidence
shows that the applicant's or license holder's other activities or
condition would, if combined with the use of a vehicle for hire operator
license, present a danger to the health, safety and welfare of the
inhabitants of Town of Falmouth.
The decision to approve or reject an application
for a vehicle for hire operator's license shall be made within thirty
(30) days after the filing of the application with the Examiner. The
applicant shall be informed in writing of the specific reasons for
the rejection, of his right to an informal conference with the Examiner
to review the decision, and of his right to a hearing before the Selectmen
to review the decision.
The Examiner may suspend or revoke a license at anytime for cause. "Cause" is defined as any reason which would allow the Examiner to reject an application as stated in § 280-24 or any violation of any section of these rules and regulations. A license holder shall receive written notice of a suspension or revocation. Such notice shall state the specific reasons relied on as a cause for revocation or suspension and inform the licensee of his/her rights to a hearing before the Selectmen by applying to them in writing for said hearing. Such hearing shall be held within ten (10) days, exclusive of Saturdays, Sundays and holidays, after the receipt of a written request therefor. At said hearing, the licensee shall have the same opportunity and rights enumerated in § 280-10. A revoked license shall not be reinstated or reissued until the licensee has reapplied for a license as outlined in §§ 280-2 through 280-5, and it is decided by the appropriate official or officials, that the licensee meets all the requirements for a license set forth in the article.
At a hearing upon the rejection of an application
or the suspension or revocation of a license, the applicant or license
holder will have the opportunity to present testimony and other evidence,
confront and cross examine adverse witnesses, and be represented by
a representative of his choice.
A vehicle for hire operator's license shall
be for a term of one (1) year from January 1 to December 31. On payment
of the prescribed fee, a licensee shall be issued a new license unless
the new license has been previously revoked or is under suspension
in accordance with the provisions of these regulations. If said license
is under suspension, the license will be renewed upon the expiration
of the suspension and upon payment of the prescribed fee.
It shall be the duty of every person operating
a vehicle for hire to have his vehicle for hire operator license and
if operating a vehicle for hire, (classified as a taxicab), a list
of rates and charges of fare conspicuously posted in such vehicle
in such a manner to be viewed from the rear seat.
Notice in writing shall be given to the Examiner
by a vehicle for hire license holder when a licensed vehicle for hire
operator ceases to be employed by him/ her, and the license holder
shall in such notice give the reasons for the termination of the employment.
When a vehicle for hire licensed operator changes
his home address or his place of employment, he shall notify the Examiner
in writing within five (5) days.
No person operating a vehicle for hire shall
permit to be on or in such vehicle or on or about his person anything
which may interfere with the proper operation of such vehicle, nor
shall any vehicle for hire be operated if it is unsafe or improperly
equipped. At no time shall any vehicle for hire be operated when the
passengers therein are in excess of its licensed seating capacity.
No owner or person having the care, custody
or control of a vehicle for hire shall permit, suffer or allow any
person other than an operator licensed by the Examiner to operate
a vehicle for hire for reward.
The owner of a licensed vehicle for hire must
produce upon demand of the Examiner, or any person designated by him,
a record of all trips made by him, a record of all trips made by such
vehicle for a period of one hundred eighty (180) days prior to the
demand; the record shall list the name and address of the driver,
the time of the beginning and termination of each trip, location of
the first and last stop on each trip and the total fare charged for
each trip.
