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a. Any taxicab license issued pursuant to this chapter and any renewals thereof, shall be transferable to a transferee who has demonstrated to the satisfaction of the commission that he is qualified to assume the duties and obligations of a taxicab owner.
b. An owner's interest in such taxicab license may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property provided, however, that upon such involuntary transfer the owner's license shall immediately be cancelled and a new license issued to the purchaser or his or her vendee, provided that such purchaser or vendee satisfied the requirements of subdivision (a) hereof.
c. The commission may charge a fee of one hundred sixty dollars for its administrative expenses in connection with the transfer (i) of an owner's interest in a taxicab license transferable pursuant to the provisions of this section or (ii) of the stock in a corporation which is an owner of a taxicab license that is transferable pursuant to the provisions of this section.
(Am. L.L. 2017/059, 3/21/2017, eff. 3/21/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/050.
a. The commission or successor agency may, for good cause shown relating to a direct and substantial threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab, for-hire vehicle license or a HAIL license issued pursuant to this chapter and, after notice and an opportunity for a hearing, suspend or revoke such license. The commission or successor agency may also, without having suspended a taxicab, for-hire vehicle license or a HAIL license, issue a determination to seek suspension or revocation of such license and after notice and an opportunity for a hearing, suspend or revoke such license. Notice of such suspension or of a determination by the commission or successor agency to seek suspension or revocation of a taxicab, for-hire vehicle license or a HAIL license shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of the pre-hearing suspension or of such determination. The licensee shall have an opportunity to request a hearing before an administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that such hearing would be prejudicial to an ongoing criminal or civil investigation. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission or successor agency to the licensee and deemed to be in full force and effect until such determination is made, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that the issuance of such determination would be prejudicial to an ongoing criminal or civil investigation.
b. It shall be an affirmative defense that the holder of the taxicab, for-hire vehicle license or a HAIL license or the owner of the taxicab, for-hire vehicle or HAIL vehicle has (1) exercised due diligence in the inspection, management and/or operation of the taxicab, for-hire vehicle or HAIL vehicle and (2) did not know or have reason to know of the acts of any other person with respect to that taxicab license, for-hire vehicle license or a HAIL license or taxicab, for-hire vehicle or HAIL vehicle upon which a suspension, proposed suspension or proposed revocation is based. With respect to any violation arising from taximeter tampering, an owner's due diligence shall include, but not be limited to, those actions set forth in subdivision h of section 19-507.1 of this chapter. Any pre-hearing suspension period shall be counted towards any suspension period made in any final determination.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020.
Any taxicab which is transferred involuntarily because of a default in the payment or installments due under the contract of sale, or any other contract or in any other manner whereby the license holder's interest in the license is not also transferred, and which is disposed according to law at public or private sale, may be operated by the purchaser thereof or his or her vendee, provided such purchaser or vendee is acceptable to the commission as a person suitable to receive a license. Upon such involuntary transfer, the license of said taxicab shall be cancelled immediately and a temporary, nontransferable, nonrenewable license issued to such purchaser or vendee for a period not exceeding one year upon the payment of a fee of not exceeding one hundred dollars therefor. At the end of such time, the original holder of the license, or his or her transferee if the license was first issued before the effective date of this chapter, shall be entitled to renewal of the license, provided that the provisions of subdivision (a) of section 19-512 of this chapter are complied with by such applicant, whether he or she is the original holder or a transferee.
a. The exterior of all taxicabs shall be painted yellow or any shade thereof.
b. The name of the corporate owner shall be printed on both rear doors or on both front doors of each taxicab in such a manner as shall be prescribed by the commission.
c. The commission may grant to any taxicab owner or association of taxicab owners, upon proper application therefor, the exclusive right to use one or more distinctive emblems or other identifying designs to be displayed on the vehicles of such applicant.
d. Such applications must include colored sketches of the proposed color schemes of the emblems or designs, together with such other and further information as the commission may require.
e. An owner shall not use an emblem granted to another owner or association, an emblem so similar as to lead to confusion in the mind of the public, or an emblem granted to any association unless he or she be a member of said association. The commission may suspend the license of any owner violating the provisions hereof.
f. Each taxicab license shall be represented by a metal medallion which shall bear the license number and be affixed to the outside of the licensed taxicab. The commission may require that a notice be posted at the main entrance of each garage housing taxicab vehicles reciting the number of such vehicles, their license numbers and such other information as the commission may designate.
g. Any vehicle for hire except those licensed under the provisions of this chapter shall not bear the colors yellow, orange, or gold, or, in combination of yellow-white, orange-white, gold-white, green-white, blue-white or any other combination of the above said colors or color scheme or striping in said colors.
h. Any accessible taxicab or for-hire vehicle licensed by the commission shall display the international wheelchair insignia or other insignia approved by the commission that identifies such vehicle as an accessible vehicle, in a minimum of two prominent locations on such vehicle's exterior. For purposes of this subdivision, "accessible vehicle" shall mean any vehicle approved for use by the commission as a taxicab or for-hire vehicle that meets the specifications and requirements for accessible vehicles pursuant to the Americans with Disabilities Act of 1990, as amended, and rules promulgated by the commission.
i. Any clean air vehicle licensed by the commission shall display the words "CLEAN AIR VEHICLE" or such other term or symbol approved by the commission that identifies such vehicle as a clean air vehicle in a minimum of two prominent locations on such vehicle's exterior. For the purposes of this subdivision, "clean air vehicle" shall mean any taxicab or for-hire vehicle approved for use by the commission that receives an air pollution score of 9.0 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 6.4 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment's impact consistent with the intent of this section.
a. For-hire vehicles may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
b. For-hire vehicles shall have the name of the owner or operator displayed on the outside or inside of the vehicle in such form as shall be prescribed by the commission, except that the commission may prescribe an exemption from this requirement for classes of for-hire vehicles for which such display would be inappropriate. All for-hire vehicles must at all times carry in the glove compartment and produce upon demand of any police, peace, law enforcement officer, inspector or officer of the commission:
1. The for-hire vehicle license.
2. The driver's commission-issued driver's license.
3. Evidence of current liability insurance or financial responsibility.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076.
a. For-hire vehicles that do not possess a valid HAIL license may accept passengers only on the basis of telephone contract or prearrangement. The commission or successor agency may establish such disciplinary actions as it deems appropriate for failure to abide by the provisions of this chapter.
b. No commuter van service and no person who owns, operates or drives a commuter van, shall provide, permit or authorize the provision of transportation service to a passenger unless such service to a passenger is on the basis of a telephone contract or other prearrangement. Where a violation of this subdivision has been committed by a driver of a commuter van, the commuter van service and the owner of such vehicle shall also be liable for a violation of this subdivision.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076, L.L. 1989/088 and L.L. 1993/115.
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