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Any application for a taxicab permit or permits shall be reviewed by the Chief of Police and the Town Administrator. After due consideration of the application as provided in this chapter, the Town Administrator shall determine whether, in his or her judgment and discretion, public convenience and necessity require that the application be denied, allowed, or allowed in part. If the application is allowed or allowed in part, then a written permit or permits shall be issued to the applicant.
A taxicab permit shall constitute a license from the town for the operation of the number of taxicabs set out therein, within the town and subject to the provisions of this chapter, for a period of one year from the date of issuance, unless a shorter period of time is specified in the permit. Applications for renewal shall be made annually. Applications for renewal shall contain all of the information required for original applications pursuant to § 112.04. Approvals of taxicab driver applications are separate from taxicab permits.
(A) Taxicab driver permits may be issued by the Chief of Police upon a determination that a proposed taxicab driver has made proper application and meets the requirements of this section. Such permits may be revoked for failure to continuously meet the requirements of this section.
(B) All taxicab driver applicants shall provide to the Chief of Police a certified true copy of a criminal record check and a certified true copy of a complete driving history check (Division of Motor Vehicles “Master Check”).
(C) The following conditions and circumstances are grounds for refusal or revocation of a taxicab driver permit:
(1) The driver does not possess a “C” class North Carolina driver’s license (not a limited driver’s privilege) or is not at least 18 years old; the driver has accumulated a sufficient number of points against his or her driving record to justify suspension or revocation of his or her driver’s license under North Carolina law.
(2) The driver has been convicted of driving while impaired, unless the driver has completed a substance abuse treatment program or an alcohol and drug education school approved by the Chief of Police; conviction of or a prayer for judgment for driving a taxicab or other commercial vehicle while impaired in a three-year period prior to the application.
(3) Conviction of, pleading of no contest, or having a prayer for judgment continued of a state felony, Class 1 misdemeanor, or violation of federal criminal statutes; conviction, plea of no contest, or prayer for judgment continued at any time for murder, manslaughter, rape, sexual assault, sexual offense, armed robbery, kidnapping, or abduction.
(4) Determination by a physician that, due to a physical or mental condition, it would be unsafe to passengers or the general public for the driver to operate a taxicab.
(D) Taxicab driver permits shall be valid for a period of one year and may be renewed after application for same, based on the same criteria listed above. Driver permits shall be displayed in the taxicab while it is in service and, if revoked, shall be promptly surrendered to the Chief of Police.
(E) Persons to whom taxicab permits have been issued have an affirmative responsibility to insure that all persons driving taxicabs under their permit have a valid taxicab driver permit from the town and to promptly notify the Chief of Police of any circumstance of which they become aware, related to the grounds for revocation of a driver permit listed above, that might change a driver’s qualifications to operate a taxicab.
Every vehicle used for transportation of passengers under a taxicab permit issued by the town shall meet the following requirements at all times and shall be subject to inspection by the Police Department at all times to determine compliance with the taxicab regulations.
(A) The vehicle must comply at all times with the safety inspection requirements of the State of North Carolina and all interior safety equipment, including seat belts, must be functioning properly.
(B) The taxicab must be maintained in good condition, relatively free of interior or exterior damage or deterioration, must be kept clean and sanitary, and must be kept in good operating order.
(C) Each taxicab shall be equipped with a functioning heater and air conditioner.
(D) Each taxicab shall display current and correct information identifying the name of the taxicab company.
(A) Each taxicab for which a permit has been issued shall display, in a clear and legible manner, the following information in a location easily visible to passengers: the taxicab permit, the name and photographic identification of the driver, the approved rates, and the name and contact telephone number for the taxicab company owner.
(B) Each taxicab for which a permit has been issued shall be operated in accordance with state law and this chapter and with due regard to the safety, comfort, and convenience of passengers and for the safety of the general public. Taxicabs shall never be operated in a careless or reckless manner.
(C) Taxicab drivers and operators shall conduct themselves in a manner that is orderly, civil, legal, and in compliance with this chapter at all times. Drivers shall practice good personal hygiene and shall be dressed in clean and suitable clothing at all times.
(D) Taxicab drivers may not carry weapons in their vehicles or on their person while on duty.
(E) Taxicab drivers shall comply with all reasonable and lawful requests of passengers regarding speed and routes to be taken. No driver shall deceive or attempt to deceive any passenger regarding fares, destinations, or routes to be taken.
(F) Taxicab drivers shall search their taxicab at the conclusion of each trip to discover any articles that may have been left by passengers. Any personal articles or property found shall be immediately returned to the rightful owner (if known) or reported and submitted to the Chief of Police.
(G) No taxicab driver shall permit more persons (including the driver and passengers) to occupy a taxicab than the rated seating capacity of the vehicle.
Penalty, see § 112.99
A permit is not transferable or assignable without the consent and approval of the Town Administrator. Applications for a permit to transfer shall be filed in the same manner as an application for a taxicab permit. The proceedings upon the application for a transfer shall be the same as those prescribed for the issuance of a permit, except that the question of public convenience and necessity need not be proved. No permit will be issued to any applicant unless the applicant is the holder in due course and for value of the title to the taxicab.
(A) The Town Administrator may at any time, after a hearing, revoke and render null and void any taxicab permit issued by authority of this chapter for any one, or more, of the following causes:
(1) Failure by the applicant to begin operations within 120 days after the issuance of the permit;
(2) Failure to operate the taxicabs specified in the certificate in a manner as to serve the public adequately and efficiently;
(3) Failure to maintain motor equipment in good repair;
(4) Failure to carry liability insurance or bond as required by law;
(5) Failure to pay any lawfully imposed taxes or license fees;
(6) Repeated and persistent violation by the taxicab drivers of traffic and safety ordinances, or violation of state laws relating to alcoholic beverages or prostitution;
(7) Failure to report accidents;
(8) Willful failure to comply with provision of this chapter or other ordinances or state laws relating to the operation of taxicabs, whether such ordinances and laws be now in force or hereafter enacted;
(9) Any grounds for revocation of a certificate set out in G.S. § 160A-304 as it is presently written or may hereafter be amended; or
(10) Operation of a taxicab by any person who has not obtained a taxicab driver permit or by any person who is disqualified by this chapter from operating a taxicab with the actual or constructive knowledge of the holder of the permit.
(B) If a taxicab permit is revoked, no refund of any amount paid by the applicant will be made by the town.
(C) The town shall give the holder of any taxicab permit being considered for revocation notice and an opportunity to be heard at a hearing. The notice shall consist of either personal service or a written notice of the time, place, and purpose of the hearing or the mailing by registered, certified, or first class mail of such a notice to the holder of the permit at the address stated by the holder in his or her application for a certificate. If notice is by personal service, or registered or certified mail, the hearing may not be held until at least five days after such service as indicated on the return receipt of the United States Postal Service. If notice is by first class mail, the hearing may not be held until at least eight days after the mailing of such notice as certified by the town official or employee who mailed the notice. If the Town Administrator finds that grounds for revocation of the certificate exist, then he or she shall either revoke the certificate or may, in his or her discretion, impose a revocation but suspend the revocation upon such conditions as he or she believes will ensure compliance of the holder with all applicable laws and regulations.
The person to whom a certificate has been issued may substitute a vehicle for any vehicle covered by the certificate. Prior to putting the substitute vehicle into operation, such person shall submit an application to substitute a vehicle and shall comply with all provisions of this chapter with respect to that vehicle just as if it had been included in his or her original application.
No person shall hold more than one permit at any one time, although permits may include authorization for more than one taxicab.
Penalty, see § 112.99
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