Section
General Provisions
124.001 Definitions
124.002 Inspection required
124.003 Frequency of inspection
124.004 Smoking prohibited in buses
124.005 Taxicab rates
124.006 Taxicab business requirements
124.007 [Reserved]
124.008 Driver prohibitions
124.009 Equipment of taximeter
124.010 Use of taximeter
124.011 Passenger must pay rate prescribed
124.012 Transit and paratransit fares
124.013 Wheelchair and stretcher transport rates
124.014 Livery vehicle operation
124.015 Identification and veterinarian certificate for animal used to pull livery vehicles
124.016 Qualifications for transportation network company business
License; Generally
124.025 Required
124.026 Chapter 110 applicable
124.027 Determination of engaging in business
124.028 Vehicle for hire application
124.029 Vehicle for hire issuance
124.030 Application for transportation network company and issuance
124.031 Suspension and revocation
124.032 Application to increase number of vehicles for hire
124.033 Transfer
124.034 Expiration of licenses
Licenses; Financial Responsibility
124.045 Insurance required - vehicle for hire
124.046 Minimum limits of coverage
124.047 Bond
124.048 Approval
124.049 Insurance required - transportation network company
Drivers
124.060 License required
124.061 Application for driver’s license
124.062 Investigation, examination of applicant
124.063 Display of license
124.064 Business license inapplicable
124.065 Temporary permit
124.066 Transportation network company driver requirements
124.067 Suspension and revocation
Alcoholic Beverages
124.070 Sale of alcoholic beverages
124.071 Carrier license
Surface Ambulance Services
124.080 Definitions
124.081 Grant of exclusive franchise
124.082 Ambulance service rates
Cross-references:
Advertising, see ch. 97
Airports, see ch. 99
Emergency vehicle warning device, see § 73.003
Hospitals, see ch. 114
Licenses, see ch. 110
Signs and outdoor advertising, see ch. 155
Streets and sidewalks, see ch. 96
Traffic code, title VII
Statutory references:
Authority to license, tax and regulate taxicab drivers, see SDCL 9-34-10
Financial responsibility of vehicle owners and operators, see SDCL ch. 32-35
GENERAL PROVISIONS
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUS or MOTORBUS. A motor vehicle for carrying of passengers with a seating capacity of at least eight persons, not including the driver, and traveling a prescribed route and carrying or accepting passengers for hire, but shall not include funeral cars or ambulances.
DIGITAL NETWORK. Any online-enabled application, software, website, or system offered or utilized by a TNC that enables the prearrangement of rides with TNC Drivers.
DRIVER. One who actually engages in the driving of a vehicle for hire.
LIMOUSINE. A full-size motor vehicle (automobile) with an extended wheel base and which has a passenger compartment that can be sealed from the driver's compartment, with a seating capacity for at least six persons, not including the driver, not traveling any definite or prescribed route and operated by a driver.
LIVERY VEHICLE. An equine-type animal- drawn public passenger vehicle with driver furnished and carrying or accepting passengers for hire.
OPERATOR. A person engaged in business as an operator of a vehicle for hire.
PARATRANSIT. A service provided for individuals with disabilities who are unable to use fixed route systems.
PASSENGER SERVICE VEHICLE. A motor vehicle for hire that carries passengers for a fixed fee and by appointment.
PERSONAL VEHICLE. A vehicle that is used by a TNC driver and is: owned, leased, or otherwise authorized for use by the TNC driver; 10 model years or newer; and not a taxicab, limousine, or vehicle for hire.
PREARRANGED RIDE. The provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a TNC, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A PREARRANGED RIDE does not include transportation provided by a vehicle for hire.
SEATING CAPACITY. The number of persons, not including the driver, who can be conveniently seated in a vehicle for hire without overdue crowding.
STRETCHER TRANSPORT. A service providing nonemergency transport by stretcher from licensed nursing home facilities to licensed hospitals, clinics, doctor offices, hospice facilities, or home health care, or from licensed hospitals, clinics, doctor offices, hospice facilities, or home health care to licensed nursing homes when the person being transported presents written proof authorizing the transport signed by the attending physician, registered nurse, or licensed practical nurse, or when authorized by written standing orders.
TAXICAB. A motor vehicle with business decals and/or markings that carries passengers, with a seating capacity for seven persons or less, not including the driver, not traveling any definite or prescribed route, operated by a driver, and carrying or accepting passengers for hire, but shall not include funeral cars or ambulances.
TAXIMETER. Any instrument or device attached to a taxicab, and designed or intended to measure mechanically the distance traveled by taxicab, to record the time the taxicab is in waiting, and to indicate upon the record by figures or designs the fare to be charged in dollars and cents.
TRANSPORTATION NETWORK COMPANY or TNC. An entity licensed pursuant to this chapter that uses a digital network to connect passengers to transportation network company services provided by transportation network company drivers. A TNC shall not be deemed to control, direct or manage the personal vehicles or TNC drivers, except where agreed to by written contract.
TRANSPORTATION NETWORK COMPANY DRIVER or TNC DRIVER. An individual who operates a personal vehicle who:
(a) Receives connections to potential passengers and related services from a TNC in exchange for payment of a fee to the TNC; and
(b) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
VEHICLE FOR HIRE. Any vehicle licensed under this chapter, including, but not limited to, bus or motorbus, taxicab, wheelchair transport, limousine, passenger service vehicle, and livery vehicle not including a personal vehicle operated by a TNC driver.
WHEELCHAIR, PARATRANSIT, AND STRETCHER TRANSPORT. A motor vehicle for carrying wheelchair, paratransit, and stretcher passengers and their accompanying guests or caregivers, with a seating capacity for 12 persons or less, not including the driver, not traveling any definite or prescribed route operated by a driver, and carrying or accepting wheelchair, paratransit, or stretcher passengers and their accompanying guests or caregivers for hire, but shall not include licensed ambulance services. The vehicles shall be equipped with straps to secure wheelchairs and stretchers and in the case of stretchers arranged so that the head of the passenger is visible to the driver.
(1957 Rev. Ords., § 8.701; 1992 Code, § 43-1) (Ord. 42-74, passed 8-5-1974; Ord. 84-82, passed 8-9-1982; Ord. 36-83, passed 6-6-1983; Ord. 137-98, passed 12-21-1998; Ord. 24-14, passed 4-15-2014; Ord. 108-15, passed 11-2-2015; Ord. 45-18, passed 5-8-2018)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
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