[HISTORY: Adopted by the Harford County Council
by Bill No. 93-70.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
County-owned vehicles — See Ch. 50.
Vehicles and traffic — See Ch. 244.
Junk vehicles — See Ch. 247.
[1]
Editor's Note: This legislation also provided
for the repeal of former Ch. 232, Taxicabs, adopted by Bill No. 80-17,
as amended.
In this chapter the following words have the
meanings indicated:
A.
CONTROLLED DANGEROUS SUBSTANCE — Has the meaning
stated in Article 27, § 277 of the Annotated Code of Maryland.
B.
DEPARTMENT — The Harford County Department of
Inspections, Licenses and Permits.
C.
LICENSE — A license issued under this chapter
to own a motor vehicle which is operated as a taxicab.
D.
PERMIT — A permit issued under this chapter
to operate a taxicab in the county.
E.
OWNER — The person or business entity in whose
name a taxicab is registered with the Motor Vehicle Administration
of the State of Maryland.
F.
TAXICAB — A motor vehicle for hire that is designed
to carry seven or fewer individuals, including the driver, and which
is used to transport passengers between points along public streets
and roads in the county at the direction of the passengers.
The provisions of this chapter are applicable
to any taxicab which picks up any passenger in Harford County outside
the corporate limits of any municipality or other jurisdiction except
for a taxicab or operator licensed by a municipality located in the
county or by another jurisdiction when solicited by telephone from
a passenger located in the county for service to a destination within
the licensing municipality or jurisdiction.
A.
An individual shall not operate a taxicab in the county
without a valid driver's permit issued by the Department.
B.
An owner of a taxicab shall not allow the taxicab
to be operated by a driver without a valid driver's permit.
C.
To qualify for a permit, an applicant:
(1)
Shall pay the required fees;
(2)
Shall possess a valid Maryland driver's license;
(3)
Shall be able to understand the English language well
enough to complete the permit application satisfactorily;
(4)
Shall not be addicted to the use of alcohol or a controlled
dangerous substance;
(5)
Shall submit an application, on a form supplied by
the department, that contains the following information:
(a)
The applicant's name, current residence, residence(s)
for the previous 5 years, date of birth, race, height, weight, hair
color, eye color, place of birth, and Maryland driver's license number;
(b)
The applicant's previous employer;
(c)
The date, place, and nature of any felony or
misdemeanor criminal conviction of the applicant;
(d)
The business address and telephone number from
which the applicant will operate; and
(e)
Any other information required by the Department
on the application form;
(6)
Shall submit with the application:
(a)
A copy of the applicant's current certified
driving record, including traffic violations, if any, from the Motor
Vehicle Administration of the State of Maryland;
(b)
References from at least 2 individuals who have
known the applicant for at least 1 year, other than a relative of
the applicant, another taxicab driver, or a taxicab owner; and
(c)
A statement from a physician licensed by the
State of Maryland certifying that the applicant has no physical condition
which would impair the applicant's ability to operate a motor vehicle.
The results of a drug screening test from a laboratory certified to
engage in testing for controlled dangerous substances by the Maryland
Department of Mental Health and Hygiene shall also be included in
the statement provided by the physician; and
(7)
Shall obtain from the Department of Inspections, Licenses
and Permits two black-and-white photographs: one shall be attached
to the permit when issued and one shall be attached to the application.
(8)
Shall submit a Criminal Justice Information System
("CJIS") central repository application for a criminal record check
and the required fee to the CJIS central repository and authorize
the release of the information to the Harford County Sheriff's office.
A.
If an applicant satisfies the requirements of this
chapter, the department shall issue a driver's permit to the applicant.
B.
Each person who holds a driver's permit shall conspicuously
display the permit in the taxicab while operating a taxicab in the
county.
C.
A driver's permit expires one (1) year from date of
issue.
A.
An owner of a taxicab shall not allow the taxicab
to be operated in the county without a valid owner's license issued
to the owner by the Department.
B.
To qualify for a taxicab owner's license:
(1)
A taxicab owner must be in compliance with all applicable
provisions of the Harford County Zoning Code and possess all applicable
permits.
(2)
A taxicab owner shall pay the required fee.
(3)
A taxicab shall be validly registered as a Class B
vehicle with the Motor Vehicle Administration of the State of Maryland.
(4)
A taxicab shall be covered by a liability insurance
policy that insures the owner and the operator against liability to
passengers and members of the general public for:
(5)
A taxicab owner shall operate the taxicab business
from a permanent address in Harford County (A telephone answering
service or a post office box shall not constitute a permanent address).
(6)
A taxicab owner shall submit a taxicab owner's license
application, on a form supplied by the Department, that includes the
following information:
(a)
The make, year, model, serial number, and registration
number of each taxicab;
(b)
The owner's name and address and, if a corporate
owner, the name and address of the current resident agent for the
corporation;
(c)
The one trade name under which the taxicab will
be operated (no vehicle operated as a taxicab may be so operated by
more than one taxicab owner or business or under more than one trade
name);
(d)
The Harford County address and telephone number
from which the taxicab will be operated;
(e)
A list of the rates to be charged passengers;
and
(f)
Any other information required by the Department.
C.
If more than one person owns a taxicab, any one of
them may apply for a license.
D.
If a corporation applies for a license, the application
shall include the names and addresses of all persons holding a 25%
or greater ownership interest in the corporation.
A.
If an owner and its taxicab or taxicabs satisfy the
requirements of this chapter, the Department shall issue the owner
a taxicab owner's license. Each taxicab owned by the licensed taxicab
owner shall receive a separate identification number.
B.
A license expires one (1) year from date of issuance.
A.
The Department may refuse to issue or renew an owner's
license or a driver's permit if the owner or driver:
(1)
Does not meet a qualification for the license or permit;
(2)
Has been convicted of or pled guilty or nolo contendere
to any crime against a person or any crime involving alcohol or a
controlled dangerous substance;
(3)
Has had any taxicab owner's license or driver's permit
or a similar license or permit revoked once or suspended twice; or
(4)
Makes a false statement on the application.
B.
The Department may also refuse to issue or renew a
driver's permit if the driver:
A person who is denied a license or permit may
appeal the denial to the Director of Administration.
A taxicab owner or driver shall notify the Department
of a change in business address or telephone number in writing within
forty-eight (48) hours of the change.
A.
A taxicab may not carry more than the manufacturer's
specification of occupants at one time.
B.
A taxicab owner shall furnish a trip log for the taxicab
which shall contain the identification and license tag number of the
vehicle. The log shall contain the points of origin and destination,
the trip start and completion times, the fare collected and the number
of passengers. This log shall be retained for a period of one year
after the last trip recorded in the log and shall be made available
to the Sheriff's office upon request.
C.
While driving a taxicab, a driver:
(1)
Shall proceed to a passenger's destination by the
shortest practicable route;
(2)
Shall give a receipt showing the date and fare to
a passenger who requests it;
(3)
May not permit another person to use the driver's
permit;
(4)
May not refuse when requested to provide the identification
number of the taxicab or the rate charged to a passenger, the Department
or the Sheriff's office.
(5)
May not willfully mislead or misconvey a passenger;
and
(6)
Shall obey all motor vehicle laws.
A.
A taxicab owner shall have the company's name permanently
printed on the outside of the taxicab's front doors.
B.
The owner shall provide the Sheriff's office with sufficient proof to show compliance with the provisions of this section and Section 232-16.
C.
Upon verification by the Sheriff's office of such
compliance, the Sheriff's office shall attach a Harford County medallion
to the lower left corner of the rear windshield.
A taxicab owner shall:
The Department shall establish a system to have
driver's permit holders randomly tested for the use of controlled
dangerous substances.
A.
The Department may revoke or suspend an owner's taxicab
license or a person's driver's permit if it finds:
(1)
Facts existing prior or subsequent to the issuance
of an owner's license or a driver's permit that would be cause under
this chapter for refusal to issue or renew a license or permit;
(2)
A violation of this chapter by the owner or the driver;
(3)
That the owner or driver has pled guilty or nolo contendere
or has been convicted of a crime against a person or a violation of
a law governing controlled dangerous substances or alcohol;
(4)
That the owner or driver has procured or attempted
to procure a license or permit through fraud, misrepresentation, a
false or misleading statement, or an omission of material facts; or
(5)
That the owner or driver has operated, or allowed
a taxicab to be operated, in a manner that endangers the public health,
safety, or welfare.
B.
In addition to the reasons specified in Paragraph
A. of this section, the Department may revoke or suspend the permit
of a driver if:
(1)
The driver has been convicted of failure to stop after
involvement in an accident.
(2)
The Motor Vehicle Administration of the State of Maryland
suspends or revokes his or her driver's license.
C.
A revocation or suspension under § A. (3)
of this section remains in effect pending appeal until final disposition
of the criminal action.
A.
The fact that a taxicab was being operated by a driver
without a driver's permit constitutes presumptive evidence that that
owner intentionally allowed said driver to operate the taxicab without
a driver's permit.
B.
The fact that a taxicab was being operated in the
county without a valid owner's license constitutes presumptive evidence
that the owner intentionally allowed the taxicab to be operated in
the county without a valid owner's license.
[Amended by Bill No. 95-81]
A.
Any person violating any provision of this chapter
shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine not to exceed five hundred dollars ($500)
or imprisonment for not more than ninety (90) days or both, at the
discretion of the court.
B.
Any business entity violating any provision of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed five hundred dollars
($500), at the discretion of the court.
C.
Each day that any violation of any provision of this
chapter continues shall constitute a separate offense.
D.
The suspension or revocation of any license, permit,
certificate or other privilege conferred by the county shall not be
regarded as a penalty for the purposes of this code but shall be in
addition thereto.