*Editor's note—2004 L.M.C., ch. 27, § 1, repealed former Chapter 53, §§ 53-1 through 53- 67, and enacted a new Chapter 53, §§ 53-101 through 53-704. The former Chapter 53 was derived from the following: Mont. Co. Code 1965, §§ 14-4, 14-6, and §§ 106-1 through 106-68; 1945, ch. 941, § 1130A; 1963, ch. 700, § 1; Ord. No. 6-41; Ord. No. 6-163; Ord. No. 6-177, §§ 1 through 4; 1969 L.M.C., ch . 35, § 18; 1969 L.M.C., ch. 44, § 6; 1972 L.M.C., ch. 16, § 5; 1973 L.M.C., ch. 18, § 1; 1974 L.M.C., ch . 37, § 1; 1974 L.M.C, ch. 38, § 1; 1975 L.M.C., ch. 22, § 1; 1975 L.M.C., ch. 37, §§ 1 through 7; 1977 L.M.C., ch. 7, § 1; 1977 L.M.C., ch. 28, § 16; 1977 L.M.C., ch. 29, §§ 1, 2; 1977 L.M.C., ch. 31, § 1; 1978 L.M.C., ch. 33, §§ 1, 3; 1983 L.M.C., ch. 44, § 1; 1983 L.M.C., ch. 49, § 1; 1984 L.M.C., ch. 24, § 51; 1984 L.M.C., ch. 27, § 34; 1985 L.M.C., ch. 31, § 32; 1986 L.M.C., ch. 5, § 1; 1986 L.M.C., ch. 41, § 1; 1989 L.M.C., ch. 5, § 2 through 4; FY1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C, ch. 4, § 1.)
Cross reference—Traffic, ch. 31.
Article 1 General Provisions.
§ 53-101. Definitions.
§ 53-102. Enforcement of chapter.
§ 53-103. Taxicab Services Commission.
§ 53-103A. Biennial review of the taxicab industry.
§ 53-104. Regulations.
§ 53-105. Administrative record.
§ 53-106. Rates.
§ 53-107. Fees.
§ 53-108. Taxicab stands.
§ 53-109. Duplicates.
§ 53-110. Centralized electronic dispatch system.
§ 53-111. Uniform agreements; maximum lease and affiliation rates and other charges.
Article 2. Taxicab Licenses.
Division 1. General License Provisions.
§ 53-201. Required.
§ 53-202. Display.
§ 53-203. Types of licenses; cross-ownership.
§ 53-204. Transferability; security interest.
§ 53-204A. Sublicenses.
Division 2. Issuance, Denial, Expiration, and Renewal.
§ 53-205. Periodic issuance of new licenses.
§ 53-206. License issuance; initial fee.
§ 53-207. License application.
§ 53-208. Individual licenses.
§ 53-209. Individual license application.
§ 53-210. Individual license lottery.
§ 53-211. Fleet license application.
§ 53-212. Criteria to deny a license.
§ 53-213. Additional criteria to deny a license.
§ 53-214. Expiration of license.
§ 53-215. Renewal of license.
Division 3. Duties of Licensees.
§ 53-216. Notice of change of address.
§ 53-217. Quarterly reports.
§ 53-218. Responsibility of licensees, affiliates, and drivers.
§ 53-219. Dispute resolution.
Division 4. Additional Duties of Fleets and Associations.
§ 53-220. Essential requirements.
§ 53-221. Operating requirements.
§ 53-222. User-side subsidy programs — participation.
Division 5. Taxicab Vehicles.
§ 53-223. Mechanical inspection certificate.
§ 53-224. Insurance required.
§ 53-225. State registration required.
§ 53-226. Continuous operation.
§ 53-227. Procedure when vehicle placed in or removed from service.
§ 53-228. Age of vehicles.
§ 53-229. Maintenance and repair.
§ 53-230. Vehicle numbering, lettering, and markings; rate chart.
§ 53-231. Doors; lettering; color; special equipment.
§ 53-232. Cruising lights.
§ 53-233. Seat belts.
§ 53-234. Taxicab meters.
§ 53-235. Inspections.
Article 3. Taxicab Driver Identification Cards
Division 1. General Identification Card Provisions.
§ 53-301. Identification Card Required.
§ 53-302. Display.
§ 53-303. Transferability.
Division 2. Issuance, Denial, Expiration, and Renewal.
§ 53-304. Identification card issuance.
§ 53-305. Contents of card.
§ 53-306. Application; temporary card.
§ 53-307. Physician’s certificate.
§ 53-308. Criteria to deny an identification card.
§ 53-309. Expiration of identification card.
Division 3. Duties of Drivers.
§ 53-310. Taxicabs from other jurisdictions.
§ 53-311. Notice of change of address.
§ 53-312. Duty to accept and convey passengers.
§ 53-313. Passenger receipts; credit card transactions.
§ 53-314. Trip records.
§ 53-315. Out of service notice.
§ 53-316. Parking at taxicab stands.
§ 53-317. Parking to solicit business.
§ 53-318. Trips to be made by most direct route.
§ 53-319. Accident reports.
§ 53-320. Use by other persons prohibited.
§ 53-321. Hours of operation.
§ 53-322. Driver and passengers only permitted in vehicle; exception.
§ 53-323. Maximum number of passengers.
§ 53-324. Group riding.
Article 4. Driver and Passenger Conduct.
§ 53-401. Alcoholic beverages; controlled dangerous substances.
§ 53-402. Smoking.
§ 53-403. Duty of passenger to pay fare.
Article 5. Accessibility.
§ 53-501. Standards
§ 53-502. Interior numbering and lettering.
§ 53-503. Training.
§ 53-504. Duty to accept and transport persons with disabilities.
§ 53-505. Accessible taxicab trip records.
§ 53-506. Number of accessible taxicab licenses.
Article 6. Enforcement.
§ 53-601. Duty of licensees and drivers generally.
§ 53-602. Obstruction and hindering of investigations; false statements.
§ 53-603. Penalty for violations.
§ 53-604. Suspension or revocation of license or identification card.
§ 53-605. Notices of violations and actions.
Article 7. Hearings, Appeals, and Judicial Review.
§ 53-701. Administrative appeal of certain denials
§ 53-702. Hearing on suspension or revocation.
§ 53-703. When effective; surrender of license
§ 53-704. Judicial review — denial, revocation, or suspension.
Article 8. Transportation Services Improvement Fund.
§ 53-801. Transportation Services Improvement Fund.
In this Chapter, unless the context indicates otherwise:
Accessible taxicab means a taxicab that the Department has authorized to transport passengers with disabilities.
Association means individual licensees who join together to form a business entity to provide taxicab service utilizing a single trade name consisting of a minimum of six licenses.
Commission means the Taxicab Services Commission.
Department means the Department of Transportation.
Director means the Director of the Department or the Director’s designee.
Dispatch means the traditional methods of pre-arranging vehicle-for-hire service, including through telephone or radio.
Driver means an individual authorized to operate a taxicab under this Chapter and issued a Taxicab Driver Identification Card.
Entity means a legally formed business organization in good standing, including any form of sole proprietorship, limited liability company, cooperative, corporation or partnership.
Fleet means any entity that holds in its own name six or more licenses.
In service means the operation of a taxicab on any roadway in the County when the driver is not displaying an approved out of service sign or notice.
Individual Licensee means a person or entity who has an ownership interest in no more than five licenses and who is required to either affiliate with a Fleet or an Association in order to provide Taxicab Service.
License or Taxicab License means a Passenger Vehicle License issued under this Chapter.
Licensee means an individual or fleet to whom the Director has issued a license.
Out of service means a taxicab that:
(1) displays a Department approved out of service sign or notice while being operated; or
(2) is removed from revenue service and parked.
Owner means an individual or entity that:
(1) is listed with the state motor vehicle agency as holding legal title to a specific motor vehicle;
(2) is a conditional vendee or lessee of a vehicle that is the subject of an agreement for conditional sale or lease, if the conditional vendee or lessee has assumed liability, and is authorized to pay judgments and accept any legal notice or service of process, with respect to the vehicle; or
(3) acts as the agent of the registered owner for all purposes, including acceptance of liability, payment of judgments and other legal obligations, and receipt of any legal notice or service of process.
Passenger means a person who engages a taxicab for hire.
Passenger Vehicle License means a license to provide taxicab service using a specified motor vehicle.
Seat belt means a seat belt as defined in State law.
Security seal means a lead and wire seal, or a similar device, attached to a taximeter to secure the meter against unauthorized access, removal, or adjustment.
Security interest means any security interest, pledge, mortgage, deed of trust, or similar encumbrance, by act or deed or by operation of law, to secure the repayment of indebtedness incurred with respect to a licensee’s taxicab business or the acquisition of a passenger vehicle license by a licensee.
Taxicab means a motor vehicle that:
(1) is designed or configured to carry 7 or fewer persons, not including the operator;
(2) is used to provide for-hire taxicab service in the County, and
(3) either:
(A) appears to be a taxicab or otherwise for hire;
(B) displays the words “taxi,” “cab,” or “taxicab” anywhere on the vehicle;
(C) is advertised or held out to the public as a taxicab; or
(D) is used to respond to an immediate request for passenger transportation.
Taxicab Driver Identification Card or Identification (ID) Card means a card showing that the holder has qualified to drive a taxicab in the County.
Taxicab Service means carrying one or more passengers for compensation between points chosen by the passenger:
(1) regardless of how or when engaged, for a fare that is based on the distance traveled, time elapsed, or both, except as expressly authorized in this Chapter; or
(2) after being engaged by hail from a street, or from a parking lot, taxi stand, or other location where the vehicle is waiting for a request for service.
A person who provides for-hire transportation service without a valid license or permit from an appropriate governmental authority is a provider of illegal taxicab service irrespective of the type of vehicle used.
Taxicab Stand means an area marked solely for the use of taxicabs to wait for passengers.
Transfer:
(1) means an assignment, sale, gift, conveyance, or other disposition that has as its purpose or effect the transfer of the rights conferred under this Chapter on the licensee to another person or entity; and
(2) if the licensee is a business entity, includes the transfer of 50 percent or more of the stock, voting rights, membership interest, or other ownership or controlling interest in the entity, regardless of whether the transfer occurs as one transaction or a series of separate transactions. (2004 L.M.C., ch. 27, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 39, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
This Chapter is enforced by the Director, the County Police Department, any other law enforcement agency, and any other County department or office assigned by the County Executive. (2004 L.M.C., ch. 27, § 1.)
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