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(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.)
(a) When a license for a taxicab is issued under this Chapter, the Department must assign a license number to the taxicab. The licensee (or the fleet, if the vehicle is affiliated with a fleet) must assign a vehicle number to each taxicab. The vehicle number must be permanently applied and plainly visible.
(b) When the Director so orders, the license number must be affixed to the taxicab by decal or metal tag provided by the Department in a manner approved by the Director.
(c) Numbers must be assigned only in the manner designated by the Director. A person must not remove, reassign, or change a number from one vehicle to another without written authorization by the Department.
(d) The licensee must place lettering on the passenger side of the taxicab, in a form and manner approved by the Director, identifying the licensee.
(e) A taxicab operating in the County must have the license number, and the name and telephone number of the fleet or association that owns or operates it and to whom complaints can be made, prominently displayed in the rear seat area of the taxicab with lettering and numbering at least 1.5 inches high. If the operator is not the owner, as defined in Section 53-101, the name, telephone number, and business address of the owner must similarly be prominently displayed.
(f) A licensee must post a rate chart issued by the Department in the taxicab in a location conspicuously visible to any passenger. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Each taxicab operated in the County must have at least 3 doors. All doors must operate safely.
(b) A licensee or driver must not operate a taxicab unless the taxicab bears markings in letters plainly distinguishable on each of the 2 sides of the taxicab, showing the approved name of the fleet or association by whom the taxicab is owned or operated.
(c) Each fleet or association must register its colors with the Department. A fleet or association may register one or more color combinations, and any fleet or association may register black as one of its colors. A fleet or association must not use colors that are similar to those of another fleet or association so that the public can readily identify taxicabs operated by that fleet or association. The Director may approve advertising in different colors or markings as long as the public can still readily identify taxicabs operated by that licensee, or the use of a set of different colors and markings to identify a specialized service provided by or geographic area served by a fleet or association. Any color or color combination approved by the Department, other than black, must be reserved for the exclusive use of that fleet or association when the fleet or association is operating taxicabs in the County.
(d) Each licensee must insure that each fleet or association uses only the approved name of the fleet or association in advertising or listing its service to the public. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
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