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Before a license is issued under this Chapter, the applicant must furnish a certificate from a state- certified inspection station in good standing that a comprehensive inspection, performed to state standards by a licensed state inspector, shows that the vehicle is mechanically safe. A license must not be issued if the vehicle has been driven more than 150 miles since the inspection was performed. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Before the Director issues any passenger vehicle license under this Chapter, the applicant must submit written proof of insurance or self-insurance for the vehicle that covers bodily injury or death to any passenger or other person, and property damage, in the following amounts:
(1) $50,000 for bodily injury or death per person;
(2) $100,000 for bodily injury or death per accident; and
(3) $ 25,000 for property damage.
(b) The insurance must be provided by an insurer licensed to do business in the State or, alternatively, under a self insurance program approved and administered by the state motor vehicle agency.
(c) If the insurance coverage lapses at any time during the license term, the taxicab license is automatically suspended. The licensee must immediately notify the Department, stop operating the taxicab, and surrender the license to the Department. The Director must promptly reinstate the license if all required insurance coverage is documented to the Director’s satisfaction.
(d) Each taxicab must contain sufficient copies of a summary of insurance information, in a form approved by the Director, that may be given to passengers, members of the public, and law enforcement officers. The summary must include:
(1) the name and address of the vehicle owner;
(2) the vehicle’s license tag number;
(3) the name, address, office hours, and telephone number of the insurance claims office responsible for adjusting any insurance claim arising from use of the vehicle; and
(4) the name, address, and telephone number of the Department and any other government agency where complaints regarding insurance claims handling may be filed. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
Editor’s note—2015 L.M.C., ch. 39, § 5, states: Transition. Notwithstanding the Expedited Effective Date of this Act, the following provisions, amended in Section 1, take effect on October 1, 2015:
(a) the maximum credit card processing charge under Section 53-218(f)(1);
(b) the dispute resolution requirements under Section 53-219;
(c) the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and
(d) the minimum liability insurance requirements under Section 53-224.
The Director must not issue or renew a license unless the licensee has registered the taxicab as a “class B” for-hire vehicle with the Motor Vehicle Administration for the year in which the license is applied for, and the registration remains valid. The licensee must notify the Department in writing not more than 2 business days after the licensee receives notice that the vehicle registration is revoked or suspended. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Each licensee must keep each licensed taxicab in continuous operation as defined by applicable regulation.
(b) The Executive must by method (2) regulation define continuous operation using a formula that:
(1) uses calendar-quarterly reports submitted by each fleet and association showing mileage driven by each vehicle associated with a license held by, or affiliated with, each fleet and association; and
(2) requires average per-vehicle mileage to be at least 60% of the County-wide average for each quarter, unless the Director, by written request, waives the requirement.
(c) Each licensee must notify the Department in writing at any time that:
(1) a taxicab will be or has been out of service for more than 30 days; or
(2) an average of more than 15% of the taxicab whose licenses are held by that licensee have been inactive during the previous calendar month.
(d) Each notice must:
(1) explain the reasons for each period of inactivity; and
(2) show why the Director should not revoke the license of each inactive taxicab for lack of use. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Each licensee must notify the Department in writing at least 3 business days before placing a taxicab in service.
(b) Each licensee must place a taxicab in service within 90 days after a license is approved for issuance. Issuance of the license take effect when the vehicle is placed in service; if the vehicle is not actually placed in service, the license has not been issued. The Director may extend the time to place a taxicab in service for no more than 90 additional days:
(1) to allow a vehicle to be retrofitted for use as an accessible taxicab; or
(2) in the case of a fleet, to allow the fleet to buy the taxicab and prepare it to be placed in service;
The Director must not otherwise waive or extend this requirement.
(c) Each licensee must notify the Department at least 3 business days before removing a taxicab permanently from service, whether the owner junks the vehicle, sells it, or transfers its title.
(d) Each licensee must notify the Department if a vehicle’s license plates have been stolen or its registration or license has been suspended or revoked. Any vehicle without a valid registration or with expired, revoked or suspended license plates must not be used to provide taxicab service.
(e) When a taxicab is permanently out of service, the licensee must return the license to the Department and must remove the meter, cruising lights, and any other marking or sign that identifies the vehicle as a taxicab.
(f) Each licensee must receive the Department’s approval before taking a taxicab out of service for a period longer than 30 days. The licensee must explain why the taxicab is out of service and list its license number, assigned vehicle number, and registration numbers. If the Department finds that the licensee has good cause, as defined by applicable regulations, to take the taxicab out of service, the Department may approve that action. If the Department rejects the application, the licensee must promptly reinstate the taxicab in service or return the license.
(g) Any vehicle placed in service as a taxicab must not be more than five model years old. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Except for vehicles that are hybrid, electric, or wheelchair accessible, a licensee must not use any vehicle that is older than ten model years to provide taxicab service in the County.
(b) A licensee must not use any hybrid, electric, or wheelchair accessible vehicle that is older than twelve model years to provide taxicab service in the County.
(c) As used in this Chapter, the “model year” of a vehicle is the year designated by the vehicle manufacturer, as indicated on the vehicle or in the manufacturer’s records. A licensee may continue to maintain a taxicab vehicle in service until the December 31st of the succeeding calendar year after a taxicab vehicle ages out of service due to the end of its model year, if the vehicle passes a comprehensive safety inspection performed during the month of August of the vehicle’s final model year by a state-certified inspector in good standing.
(d) The Director may waive this requirement only to maintain an accessible taxicab in service for no more than 90 days when the licensee shows that no adequate replacement vehicle was available for purchase during the preceding 90 days. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1; 2021 L.M.C., ch. 38, §1; 2024 L.M.C., ch. 20, § 1.)
Editor’s note—2024 L.M.C., ch. 20, §§ 2 and 3 state: Sec. 2. Section 3 of Chapter 38 of the Laws of Montgomery County 2021 is amended as follows: [Sec. 3. Sunset. This Act must sunset, and must have no further force or effect on December 31, 2024.]
Sec. 3. Expedited Effective Date. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date when it becomes law.
2021 L.M.C., ch. 38
, § 3, states: Sec. 3. Sunset. This Act must sunset, and must have no further force or effect, on December 31, 2024.
(a) Each licensee must maintain each taxicab in a clean and safe operating condition, and properly maintain its lights, brakes, window glass, doors, tires, fenders, paint, upholstery, and all devices and parts affecting the vehicle’s safety, operation, or appearance.
(b) Each licensee must comply with any order of the Director to immediately remove from service any taxicab which is not in safe operating condition, and to remove from service within 5 days any taxicab that is not clean, sanitary, and of good appearance, until all necessary repairs and replacement of defective equipment, painting, or cleaning has been completed.
(c) Any taxicab removed from service under this Section must not be reinstated in service until it has been inspected and approved under procedures established by applicable regulation. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
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