Chapter 179A   TAXICABS

 

 

ARTICLE I

Taxicab Provisions

 

§ 179A-1.1.   Purpose.

§ 179A-1.2.   Definitions.

§ 179A-2.      Taxicab license required; number of taxicab licenses.

§ 179A-3.      Taxicab license application.

§ 179A-4.      Indemnity bond or liability insurance required amount.

§ 179A-5.      Taxicab license application fee; annual license fee; amount.

§ 179A-6.1.   Transfer of taxicab license; fee.

§ 179A-6.2.   Transfer of taxicab vehicle; fee.

§ 179A-7.      Taxicab operator's license required.

§ 179A-8.      Taxicab operator's license application; requirements; content.

§ 179A-9.      Investigation of taxicab operator's license applicants.

§ 179A-10.    Driver examination.

§ 179A-11.    Application for taxicab operator's license; approval or rejection.

§ 179A-12.    Transfer or sale of a taxicab operator's license.

§ 179A-13.    Taxicab operator’s license application fee.

§ 179A-14.    Operation of noncertified taxicab within the city.

§ 179A-15.    Violations; revocation or suspension of taxicab license or taxicab operator's license; reasons for; notice and hearing.

§ 179A-16.    Taxicab operator's license and rate card; display.

§ 179A-17.    Taxicab drivers to comply with federal and state laws and city ordinances.

§ 179A-18.    Taxicab equipment and maintenance; inspection and inspection licenses.

§ 179A-19.    Taxicab color scheme and insignia.

§ 179A-20.    Taxicab fares.

§ 179A-21.    Receipt to be supplied on demand.

§ 179A-22.    Refusal of passenger to pay legal fare.

§ 179A-23.    Solicitation of passengers; acceptance and discharge of passengers; cruising.

§ 179A-24.    Taxi stand; establishment and use.

§ 179A-25.    Standards of service.

§ 179A-26.    Requirement that daily trip sheets be maintained; contents.

§ 179A-27.    Records and reports required.

§ 179A-28.    Advertising.

§ 179A-29.    Division of Taxi and Limousine Licensing is to enforce chapter.

§ 179A-30.    Use of radios to dispatch taxicabs.

§ 179A-31.    Violations and penalties.

§ 179A-32.    Repeal of previous ordinance.

§ 179A-33.    Savings clause.

 

 

ARTICLE II

Rules and Regulations; Drivers

 

§ 179A-34.    Rules and regulations: drivers.

§ 179A-35.    Schedule of violations and penalties.

 

 

ARTICLE III

Rules and Regulations: Owners

 

§ 179A-36.    Rules and regulations: owners.

§ 179A-37.    Schedule of violations and penalties.

 

 

[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 2-6-2008 as Ord. No. DR-347. Amended 6-17-2009 by Ord. No. DR-407. Amended in its entirety 6-16-2010 by Ord. No. Z-43. Subsequent amendments noted where applicable.]

 

GENERAL REFERENCES

 

Shuttle Buses – See Ch. 180.

Limousines — See Ch. 180A.

Vehicles and traffic — See Ch. 190.

 

 

ARTICLE I   Taxicab Provisions

 

§ 179A-1.1. Purpose.

   The Division of Taxi and Limousine Licensing is hereby created. The Division Head of this division shall be designated by the Director of Department of Transportation and Parking Utility of the City of Hoboken to serve at a commensurate salary. The Division Head of the Division of Taxi and Limousine Licensing shall be responsible for the enforcement of this section and Chapter 180A of the ordinances of the City of Hoboken pertaining to taxi and limousine service.

 

 

§ 179A-1.2. Definitions.

   As used in this chapter, the following terms shall have the meanings indicated:

CRUISING — The driving of a taxicab on the streets, alleys or public places of the City of Hoboken in search of or soliciting prospective passengers for hire.

DECAL — A sticker issued by the City of Hoboken evidencing licensing of a "for-hire" vehicle.

DEPARTMENT — The Department of Transportation and Parking Utility.

DIRECTOR — The Director of the Department of Transportation and Parking Utility.

DISABLED PERSON — A person who has a physical or mental impairment that substantially limits a major life activity (e.g., caring for oneself, walking, seeing, hearing, speaking, etc.); a person who has a record of such impairment; or, a person who is regarded as having such impairment. Disabled person shall also mean a person with a physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes impaired coordination or reduces mobility, flexibility, coordination or perceptiveness.

DIVISION HEAD – The individual designated by the Director of Hoboken’s Department of Transportation and Parking Utility of the City of Hoboken to act as the authority for the Division of Taxi and Limousine Licensing.

DIVISION OF TAXI AND LIMOUSINE LICENSING — A Division of the Department of Transportation and Parking Utility of the City of Hoboken which licenses taxicabs and liveries and enforces the rules and regulations of taxicabs and liveries within the city boundaries.

GREEN TAXICAB – As a factory installed alternative fuel vehicle, which can either be a combination of gasoline with electric, ethanol fuel, hydrogen, electric, LPG or LNG. A diesel engine shall not be deemed as a "green" taxi. Any "green" taxi as a vehicle will be required to score eight (8) or higher in the Air Pollution Score as measured by the Federal Environmental Protection Agency and the vehicle that attains City MPG of twenty-five (25) miles per gallon or more in Fuel Economy as published annually by the EPA and DOE and listed online at www.fueleconomy.gov and meets safety requirements to make it fit for use as a taxi. The city reserves the right to set the safety requirements.

INSPECTOR — The person or persons empowered or designated by the Department of Transportation and Parking Utility to perform inspections pursuant to this chapter.

RATE CARD — A card issued by the city for display in each taxicab which contains the rate in force.

SERVICE ANIMAL — A guide dog, signal dog or any other animal trained specifically to work for or to perform tasks for an individual with a disability, including, but not limited to, guiding individuals with visual impairments, alerting individuals with hearing impairments, providing minimal protection or rescue work, pulling a wheelchair or retrieving dropped items.

STARTER — A person in charge of queuing taxicabs and waiting patrons, and otherwise maintaining order at a taxi stand.

TAXICAB — A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of four (4) persons and not operated on a fixed route.

TAXICAB LICENSE – An official document of the City of Hoboken which permits the holder to operate a taxicab for hire within the city limits, subject to the restrictions found in the Division of Taxi and Limousine’s Rules and Regulations, the Hoboken City Code, and state and federal laws.

TAXICAB LICENSE HOLDER — An individual, partnership or corporation to whom a taxicab license has been issued by the City of Hoboken.

TAXICAB OPERATOR'S LICENSE — The official document of the City of Hoboken, conferred by the City Council, which grants the individual nontransferable permission to drive a taxicab upon the streets of the city. This term shall not be construed to mean a driver's license issued by the State of New Jersey Motor Vehicle Commission. When used throughout this chapter, the term "operator's license" shall mean the definition as stated herein. The term "driver's license" shall mean a driver's license issued by the State of New Jersey Motor Vehicle Commission.

TAXICAB OPERATOR’S LICENSE HOLDER – An individual to whom a taxicab operator’s license has been issued by the City of Hoboken.

TAXI STAND — A place alongside the curb of a street or elsewhere in the city reserved exclusively for use by taxicabs and distinctly marked by a metal sign or stanchion, or by painted markings on the surface of the streets or curbs.

TRANSFER — To sell or in any other manner relinquish control of the taxicab license by the license holder or its majority shareholder(s), in cases where the license holder is a corporate entity. In cases of corporate license holders, the Division Head shall, in his or her discretion, determine whether a change of control has occurred, subject to the approval of the Director of the Department of Transportation and Parking Utility.

TRIP SHEET — A daily record prepared by a taxicab driver of all trips made by the driver, showing time and place of origin, destination, number of passengers and the amount of fare of each trip. The trip sheet shall also contain the driver's name, and the time he or she reported on and off duty.

WAITING TIME — The time when a taxicab is not in motion following the time of acceptance of a passenger or passengers until the time of discharge, when that time not in motion is the result of the actions or request of the passenger or passengers.

 

 

§ 179A-2.    Taxi license required; number of taxicab licenses.

A.   No person shall operate, or cause to be operated, any vehicle for hire without first having obtained a taxi license and taxi operator’s license from the City of Hoboken.

B.   No person who owns or controls a taxicab or taxi license shall permit the taxicab to be driven, unless the driver of the taxicab shall have first obtained and is currently a holder of a valid taxicab operator's license issued by the City of Hoboken under the provisions of this chapter.

C.   Number and types of taxicab licenses.

(1)   The number of outstanding taxi licenses shall be limited to a total of sixty-five (65) taxicabs.

(2)   The ten (10) additional licenses created under this chapter shall be dedicated to vehicles using alternative fuels and shall be designated as "green" taxicab.

(3)   Each year commencing on January 1, 2009, the fleet of taxicab licenses in the City of Hoboken shall be modified to require that twenty percent (20%) of the then existing taxicab fleet shall be "green" taxicabs, each licensee shall have an affirmative obligation to comply with this transition. If a licensee fails to comply with this requirement after thirty (30) days written notice to cure said default, the license shall be reduced by the required twenty percent (20%) transition requirements and the revoked license(s) shall be auctioned off to a new licensee, with the requirement that the successful bidder utilizes only "green" vehicles.

"Green" Taxicab Transition Chart

Starting 01/01/09

Number of License(s)

Converted By

1

January 1, 2013

 

2

CAB A:   January 1, 2012

and

CAB B:   January 1, 2013

 

3

CAB A:   January 1, 2011;

 

CAB B:   January 1, 2012

and

CAB C:   January 1, 2013

 

4

CAB A:   January 1, 2010

 

CAB B:   January 1, 2012

 

CAB C    January 1, 2013

and

CAB D    January 1, 2014

 

5

CAB A:   January 1, 2009

 

CAB B:   January 1, 2010

 

CAB C    January 1, 2011

 

CAB D    January 1, 2012

and

CAB E    January 1, 2013

 

 

 

§ 179A-3.    Taxicab license application.

A.   Application requirements. An application for a taxicab license shall be filed with the Division of Taxi and Limousine Licensing upon forms provided by the city. The application shall be verified under oath and shall contain the following information:

(1)   The name, address, date of birth, social security number, telephone number, and motor vehicle operator license number of the applicant;

(2)   The financial status of the applicant, including any liens or judgments against the applicant, and the nature of any transaction or acts giving rise to any existing liens or judgments;

(3)   The experience of the applicant in the transportation of passengers;

(4)   Any facts which the applicant believes tend to prove that a license is warranted;

(5)   The number of vehicles to be operated or controlled by the applicant, and the location where the vehicles will be primarily garaged;

(6)   Copies of all leases, mortgages or other material pertaining to the financial or ownership status of the taxicab license and any vehicles covered under the licensed;

(7)   A criminal history background check form supplied by the city;

(8)   An applicant shall also submit fingerprint impressions taken by the Hoboken Police Department, and the applicant shall bear any and all costs for fingerprinting;

(9)   Such other information as the city may require; and

(10) For each requirement listed in Subsection A(1) through (9) of this section, in any case where the taxicab license applicant is a corporate entity, any individual holding a twenty percent (20%) or greater share in the corporate entity will be required to provide their personal information in addition to the corporate information in order to satisfy this section.

B.   The Division of Taxi and Limousine Licensing is hereby authorized and empowered to establish such rules and regulations governing the issuance of taxicab licenses and taxicab operator’s licenses not inconsistent herewith, and as may be necessary and reasonable. 

 

 

§ 179A-4.    Indemnity bond or liability insurance required amount.

A.   No license shall be issued or continue in operation unless there is in force and effect for each vehicle authorized an insurance policy issued by a company duly licensed to transact business under the insurance laws of this state conditioned for the payment of a sum:

(1)   Not less than fifty thousand dollars ($50,000.) to satisfy all claims for damages by reason of bodily injury to, or to the death of, any one (1) person, resulting from an accident;

(2)   Not less than one hundred thousand dollars ($100,000.) to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab upon any public street;

(3)   Not less than fifteen thousand dollars ($15,000.) to satisfy any claim for damages to property of any one (1) person, resulting from an accident; and

(4)   Not less than thirty thousand dollars ($30,000.) to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab on any public street.

B.   The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the taxicab or fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as a result of the ownership, operation, maintenance or use of a taxicab.  A list of all covered drivers must be included in the policy.

C.   In the event that the aforementioned insurance is canceled, the license shall terminate on the date of the cancellation, unless the insurance has been reinstated and a withdrawal of the cancellation or a new policy of insurance has been submitted to the Clerk of the City and to the Division of Taxi and Limousine Licensing within two (2) business days of any change.  As a condition of obtaining a City of Hoboken taxicab license, the taxicab license holder agrees to provide the Division Head with the authority to communicate directly with the taxicab license holder’s insurance companies. 

D.   The bond or bonds shall be filed with the City Clerk and shall have as surety thereupon a surety company authorized to do such business in the State of New Jersey.

E.   This section shall not abrogate or relieve a license holder from any duty or requirement of the insurance laws of this state.

 

 

§ 179A-5.    Taxicab license application fee; annual license fee; amount.

   No taxicab license application shall be considered and no taxicab license shall be issued or renewed unless the applicant or holder thereof has paid the annual fee of seven hundred fifty dollars ($750.) for each vehicle operated under a city taxi license, unless the vehicle is a "green" taxicab in which case the annual fee will be five hundred dollars ($500.). The license fee shall be for the period of April 1 through March 31, of the succeeding year and be in addition to any other license fee or charges established by proper authority and applicable to the holder of the vehicle or vehicles under his operation and control.

 

 

§ 179A-6.1. Transfer of taxicab license; fee.

A.   No taxicab license may be transferred, assigned, sold or otherwise encumbered, in whole or in part, without the prior written consent of the City Council.

B.   No transfer application may be forwarded to the City Council until the transferee has satisfied all other requirements of this chapter, including but not limited to all initial application requirements.

C.   The holder of a taxicab license may not rent or hire out his or her taxicab or taxicab license to any person for the transportation of passengers for hire unless such agreement is provided to the Division in writing, signed by both the driver and owner prior to the renting or hiring out commencing.

D.   The fee for a license transfer shall be seven hundred fifty dollars ($750.), payable by the transferee to the City of Hoboken, unless the vehicle is a "green" taxicab in which case the transfer fee will be five hundred dollars ($500.). This fee is in addition to any annual taxicab licensing fees applicable to the license. No transfers shall be permitted in the month of March.

E.   No taxicab license shall be renewed or transferred until all outstanding tickets, summonses, judgments and tax liens of the city against the holder(s) are satisfied.

 

 

§ 179A-6.2. Transfer of taxicab vehicle; fee.

A.   Before the Division of Taxi and Limousine Licensing replaces a vehicle and issues a new logo the taxicab license holder must provide the following information:

(1)   Documentation showing the whereabouts of the old vehicle and the City of Hoboken Taxi decal in the form of:

(a)   A bill of sale showing the vehicle was transferred to an owner not associated with the taxicab license; or

(b)   An insurance estimate showing the vehicle was deemed totaled by the insurance carrier accompanied by the accident report showing the date and circumstances of the accident; or

(c)   Such other documentation as the Division of Taxi and Limousine Licensing shall deem necessary to evidence the vehicle is no longer in service and/or under the power and control of the taxicab licensee.

(2)   A replacement fee of fifty dollars ($50.) to cover new decals for two (2) doors or twenty-five dollars ($25.) to cover a new decal for one (1) door.

 

 

§ 179A-7.    Taxicab operator's license required.

   No person shall operate a taxicab for hire upon the streets of the city without a taxicab operator's license. No person who owns or controls a taxicab license from the city shall permit a person without a taxicab operator's license to operate under their taxicab license within the city. In the event, an operator misplaces his or her operator’s license, he or she must:

A.   Report it to the Hoboken Police Department;

B.   Provide the Division of Taxi and Limousine Licensing with a copy of the police report and two (2) passport pictures; and,

C.   Pay twenty-five dollars ($25.) to the City of Hoboken to reimburse the city for its administrative cost to issue a replacement license.

 

 

§ 179A-8.    Taxicab operator's license application; requirements; content.

A.   Every applicant for a taxicab operator's license must meet the following requirements:

(1)   Be at least eighteen (18) years of age and have at least one (1) year of driving experience;

(2)   Obtain a certificate from a medical doctor licensed in the State of New Jersey which certifies the operator is of sound physique, with good eyesight, not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might cause the applicant to be unfit to safely operate a taxi for hire. Upon renewal application, a certificate shall only be required every even year;

(3)   Be able to speak, read, and write the English language and have a basic knowledge of Hudson County roadways and landmarks;

(4)   Be a citizen of the United States or present valid documentation from the United States government of authorization to work within the United States;

(5)   Possess a valid New Jersey driver's license with not more than eight (8) points (provisional licenses will not be accepted); and

(6)   Be clean in dress and habits as to be able to provide adequate and appropriate service to the public;

B.   Every applicant for a taxicab operator’s license shall comply with the Division of Taxi and Limousine Licensing’s Rules and Regulations in preparing their application. Every application for a taxicab operator's license shall contain the following:

(1)     Name, address, date of birth, social security number, and New Jersey motor vehicle operator's number;

(2)     The applicant's experience in the transportation of passengers;

(3)     A record of the applicant's employment history for the previous three (3) years;

(4)     Proof of residence in the State of New Jersey for a period of at least ninety (90) days;

(5)     Four (4) photographs of the applicant measuring two (2) inches by two (2) inches of a front view of the applicant's face and shoulders without head covering;

(6)     A motor vehicle services record abstract indicating a driver's history from New Jersey Motor Vehicle Commission which shall be no more than thirty (30) days old;

(7)     Fingerprint impressions taken for the Hoboken Police Department to conduct state and federal background checks for which the applicant shall bear any and all costs;

(8)     Certificate from a licensed and practicing physician of the State of New Jersey certifying that the applicant was examined on a certain date not more than sixty (60) days before the filing of the application.  The certificate shall state that, in the physician's opinion, the applicant is of sound physique, with good eyesight, not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might cause the applicant to be unfit to safely operate a taxi. Upon renewal application, a certificate shall only be required every odd year;

(9)     An affidavit of the applicant's good character from two (2) reputable sources who have known the applicant personally and observed the applicant's conduct for a period of not less than one (1) year prior to application;

(10)   A reference from the applicant’s last employer.  This requirement may be waived at the option of the Division Head for good cause.

(11)   The successful completion of a 5 Panel Drug & Alcohol Test administered by a third party to be selected by the Division Head.  The results shall indicate no positive test results for any substance, or the application will be summarily denied. The cost of this test shall be at the applicant's sole cost and expense.

(12)   Authorization to the Police Department of the City of Hoboken, to obtain a state and federal criminal background check of the applicant. 

(13)   Such other information that the city may require.

 

 

§ 179A-9.    Investigation of taxicab operator's license applicants.

A.   The Division of Taxi and Limousine Licensing or his designee shall conduct an investigation of each applicant for a taxicab operator's license. A report of such investigation and a copy of the police criminal history background check and traffic record of the applicant, if any, shall be attached to the application for consideration. The procedure for compiling the application which shall be used by the Division to conduct the investigation shall be found in the Division’s Rules and Regulations. 

B.   Authorization for fingerprinting based access to the Interstate Identification Index for the purpose of conducting noncriminal justice licensing is found in New Jersey State Annotated 40:48-1.4.  All applicants seeking a license under this ordinance shall submit to a fingerprint criminal history record and background investigation by the Hoboken Police Department.

C.   The Division of Taxi and Limousine Licensing shall consider the application, the police investigation report, any other documentation required to be attached thereto, and any other relevant facts whatsoever and shall approve or reject the application. No taxi operator's license shall be issued until a written police investigation report is received from the Hoboken Police Department's Bureau of Record and Identification showing the result of the investigation of the applicant's prior criminal history, if any, through an examination of the fingerprints.

D.   The Bureau of Record and Identification shall conduct a criminal history background check investigation  of the applicant by submitting necessary documents to the New Jersey State Police and any other appropriate law enforcement agency having the capability of determining whether a person has a criminal record by cross-referencing that person’s name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and the State Bureau of Identification of the New Jersey Division of State Police.

E.   The Hoboken Police Department shall refer the applicant to the designated fingerprint vendor for processing.  Upon receipt of the results of the criminal history background check the Bureau of Record and Identification shall provide the Division of Taxi and Limousine Licensing with the results of the criminal background check within five business days of receipt of same.

F.   Convictions of crimes shall not be considered when considering the application, except that convictions for the following crimes less than ten (10) years prior to the date of application, shall result in summary denial of an application:

(1)   Driving under the influence of drugs or alcohol; or

(2)   Any offense involving danger to the person as defined by N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1; or,

(3)   Crimes and disorderly persons offense set forth in N.J.S.A. 2C:24-4, N.J.S.A. 2C:24-5, N.J.S.A. 2C:24-7, N.J.S.A. 2C:24-8, N.J.S.A. 2C:24-9, or N.J.S.A. 2C:33-4; or,

(4)   Any crime involving controlled dangerous substance or controlled substance analog set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except N.J.S.A. 2C:35-10(a)(4); or

(5)   A conviction for any crime or offense less than ten (10) years prior to the date of application, in any other state or jurisdiction, the conduct of which, if committed in New Jersey, would constitute any of the crimes or offenses listed in Subsections F(1) through (4) of this section.

 

 

§ 179A-10.  Driver examination.

   Each applicant for an initial taxicab operator's license shall be examined by an Inspector of the Division of Taxi and Limousine as to his or her knowledge of the provisions of this chapter, the laws regarding motor vehicles within this state, traffic regulations, and geography of the city. The examination shall require the applicant to demonstrate his or her skills and ability to safely and efficiently operate a taxicab. If the applicant cannot demonstrate his or her abilities satisfactorily he or she shall be denied a taxicab operator's license.  Driver examinations shall be required for renewal applicants at the discretion of the Director.

 

 

§ 179A-11.  Application for taxicab operator's license; approval or rejection.

A.   If an applicant fails to meet the criteria of any section of Chapter 179A where such failure expressly requires summary denial, the Division Head must summarily deny the application.

B.   In all instances other than Section 179A-11A, if the Division Head of the Division of Taxi and Limousine Licensing after examination of the completed application finds that the applicant is fit, willing and able to perform such public transportation in accordance with the provisions of this chapter, the Division of Taxi and Limousine Licensing shall issue a license stating the name and address of the applicant, the date of issuance and the year, type and model of the vehicle; otherwise, the application shall be denied. In making the above findings, the Division of Taxi and Limousine Licensing shall take into consideration the character, experience and responsibility of the applicant.

C.   If the Division Head of the Division of Taxi and Limousine Licensing upon consideration of the application determines that the applicant is unfit or unable to perform the duties of a taxicab driver, or if the applicant demonstrates behavior that is abusive, hostile or otherwise inconsistent with the manner in which a person with regular contact with the public should act, the Division of Taxi and Limousine Licensing may deny or reject the application.

D.   If the application is denied or rejected, the applicant may, within ten (10) days of the date of denial,  request a personal appearance before the Division of Taxi and Limousine Licensing to offer evidence in support of a request to reconsider his/her application. Such personal appearance shall occur within thirty (30) days of the date of request by the applicant.

 

 

§ 179A-12.  Transfer or sale of a taxicab operator's license.

A.   No taxicab operator's license shall be transferred, assigned or sold to any other person in whole or in part,  nor shall the license be defaced, obliterated or mutilated.

B.   No taxicab operator's license shall be renewed unless all outstanding tickets, summonses, judgments or tax liens of the holder are satisfied in full.

 

 

§ 179A-13.  Taxicab operator's license application fee.

   A nonrefundable taxicab operator’s license application fee of seventy-five dollars ($75) must be paid directly to the Division of Taxi and Limousine Licensing before any application documents will be distributed or considered by the Division of Taxi and Limousine Licensing.

 

 

§ 179A-14.  Operation of noncertified taxicab within the city.

A.   It shall be unlawful for a non-licensed taxicab to pick up or accept a passenger within the city for a destination within the city limits.

B.   Taxicabs licensed in other jurisdictions may discharge passengers at a destination within the city provided that any passenger has been picked up by the taxicab outside the city limits.

C.   Taxicabs licensed in other jurisdictions shall not cruise within the city limits to seek non-prearranged passengers. Taxicabs, livery cars, and limousines may only pick up a passenger within the city to be taken to a place or destination outside the city provided the passenger had personally, or through an agent, previously arranged by telephone or other means with the owner or driver of the noncertified taxicab for such a trip to the destination outside the city. Taxicabs not licensed by the City shall be specifically prohibited from picking up fares unless they have been prearranged.

D.   Any person found to be guilty of violating any provisions of Section 179A-14 shall be subject to a fine of not less than one thousand dollars ($1000.) and/or one hundred eighty (180) days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the first (1st) offense; and not less than one thousand five hundred dollars ($1500.) and/or one hundred eighty (180) days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the second (2nd) offense; and not more than two thousand dollars ($2000.) and/or one (1) year imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the third (3rd) or subsequent offense(s).

 

 

§ 179A-15.  Violations; revocation or suspension of taxicab license or taxicab operator's license; reasons for; notice and hearing.

A.   In addition to any summons(s) issued for a violation of this chapter, a license issued under the provisions of this chapter may be revoked or suspended for any of the following reasons:

(1)   Violation of any of the provisions of this chapter;

(2)   Discontinued operation for more than thirty (30) days;

(3)   Violation of any provisions of this Code or of the laws of the United States or of this state which reflect unfavorably on the fitness of the holder to offer public transportation; or,

(4)   Violation of any rule or regulation provided for by Articles II and III of this chapter; or

B.   A holder of a license shall be entitled to notice and a hearing before a Hearing Officer selected by the Corporation Counsel, if requested in writing within five (5) business days after receipt of notice of alleged violations. The license holder shall be entitled to representation by counsel and may present evidence in defense of the charges. The Division of Taxi and Limousine Licensing shall present evidence in support of the charges. At the conclusion of a hearing, the Hearing Officer may either revoke or suspend the license, or dismiss the charges. Any appeal of the decision of the Hearing Officer shall be made to a court of competent jurisdiction. 

C.   Any notice from the Division of Taxi and Limousine Licensing shall be deemed sufficient if sent via certified and regular mail to the mailing address furnished by the license holder to the Division of Taxi and Limousine Licensing pursuant to this chapter.  In the event a licensee changes their mailing address, it is the licensee’s responsibility to notify the Division of Taxi and Limousine Licensing.

D.   Unless otherwise provided for within this chapter a violation of a provision of this chapter shall be punishable as follows:

(1)   For a first offense, a minimum fine of two hundred fifty dollars ($250.) upon the driver with a maximum fine of five hundred dollars ($500.), and notice of the offense shall be sent to the owner of the taxicab license;

(2)   For a second offense, a minimum fine of five hundred dollars ($500.) with a maximum fine of seven hundred fifty dollars ($750.) upon the driver, and/or suspension of the driver's taxicab operator's license; and a minimum fine of two hundred fifty dollars ($250.) with a maximum fine of five hundred dollars ($500.) upon the owner of the taxicab license;

(3)   For a third offense, a minimum fine of seven hundred fifty dollars ($750.) with a maximum fine of one thousand dollars ($1000.) upon the driver, and a mandatory suspension of the taxicab operator’s license for thirty (30) days, with the option to revoke the driver's taxicab operator's license; and a minimum fine of five hundred dollars ($500.) with a maximum fine of seven hundred fifty dollars ($750.) upon the owner of the taxicab license, and/or suspension of the taxicab license; 

(4)   For a fourth offense, a minimum fine of one thousand dollars ($1000.) with a maximum fine of two thousand dollars ($2,000.) and mandatory revocation of the driver's taxicab operator's license for a period of not less than five (5) years; and a minimum fine of seven hundred fifty dollars ($750.) with a maximum fine of one thousand dollars ($1,000.) upon the owner of the taxicab license and mandatory permanent revocation of the taxicab license.

 

 

§ 179A-16.  Taxicab operator's license and rate card; display.

   Every taxicab driver licensed under this chapter shall post his or her taxicab operator's license and a Rate Book in a glass or plastic enclosed bracket within eye level of seated rear passengers and in a manner as to be readily identifiable and legible. A passenger and/or potential passenger has a right to view the driver’s Rate Book at any time upon verbal request.

 

 

§ 179A-17.  Taxicab drivers to comply with federal and state laws and city ordinances.

   Every taxicab driver licensed under provisions of this chapter shall comply with all federal and state laws and regulations and all city ordinances relating to the use, operation and occupancy of motor vehicles and taxicabs. The failure to do so will be cause for suspension, revocation, or other penalty as the Director determines.

 

 

§ 179A-18.  Taxicab equipment and maintenance; inspection and inspection licenses.

A.   Prior to the initial use and operation of any vehicle as a taxicab under this chapter, and once a year thereafter, the vehicle shall be thoroughly examined and inspected by an Inspector of the Division of Taxi and Limousine Licensing. Licenses shall be denied unless the Inspector finds that the taxicab complies with such reasonable rules and regulations as may be prescribed by the Division of Taxi and Limousine Licensing. These rules and regulations shall be promulgated to insure the provision of safe transportation and shall specify such safety equipment and regulatory devices as the Director deems necessary.

B.   When a vehicle has met the standards established by the Division of Taxi and Limousine Licensing, the Division of Taxi and Limousine Licensing shall issue an inspection license to that effect. The inspection license shall be conspicuously displayed in each taxicab as to be readily seen by the passenger.

C.   Every vehicle operating under this chapter shall be kept in a clean and sanitary condition according to the rules and regulations promulgated by the Division of Taxi and Limousine Licensing, including but not limited to:

(1)   The exterior of every vehicle operating under this chapter shall be kept in safe and clean conditions.

(2)   Every vehicle operating under this chapter shall be free from dents, missing parts and other exterior damage or wear which creates an unsightly appearance.

(3)   Every vehicle operating under this chapter shall have interior and upholstery which is kept safe and clean, and free from broken, missing or worn parts.

(4)   Every taxicab shall be equipped with interior light of sufficient candlepower to illuminate its interior after sundown. In no case shall the bulb be less than six (6) candlepower.

(5)   Taxicabs shall be equipped with roof lights which shall be in operation whenever the taxicabs are in operation. The roof lights shall be lighted when the taxicabs are vacant and extinguished when occupied. Roof lights shall have a dark background so as to be distinguished in the daylight hours.

(6)   Vehicles used as taxicabs need not be new, but they shall be required to pass inspection by the New Jersey State Motor Vehicle Commission and shall also be required to pass an annual inspection by the Division of Taxi and Limousine Licensing.

(7)   Replacement vehicles used as taxicabs shall be of a four (4) door model.

(8)*  Vehicles used as taxicabs must be more than four (4) years old or have one hundred twenty-five (125,000) miles, whichever occurs second.

*Editor's Note: Pending amendment as of February 2011.

 

 

§ 179A-19.      Taxicab color scheme and insignia.

A.   The color scheme of taxicabs shall be at the sound discretion of the Division of Taxi and Limousine Licensing. The Division of Taxi and Limousine Licensing may adopt a uniform color scheme for all taxis licensed by the city.

B.   For identification purposes, the insignia or monogram of a taxicab shall be assigned by the Division of Taxi and Limousine Licensing to ensure adequate differentiation among separate taxicab operators. Each taxicab shall bear upon its doors:

(1)   The City of Hoboken taxicab logo with assigned number prominently displayed in the middle of both the drivers' front door and passengers' front door;

(2)   The rates of fare, as set forth on the rate card, in letters not less than one (1) inch nor more than two (2) inches in height, in contrasting color on both sides of the rear doors;

(3)   The City of Hoboken taxicab logo with assigned number cannot be duplicated without the Director's consent. Any person found to be guilty of violating any provisions of this section shall be punishable to a minimum fine of one thousand dollars ($1000.) and/or ninety (90) days imprisonment to be determined by the Municipal Court.

C.   No vehicle covered by this chapter shall be licensed whose identifying design, monogram, or insignia shall, in the opinion of the Division of Taxi and Limousine Licensing, conflict with or imitate any other vehicle or vehicles already licensed and operating under the provisions of this chapter in such a manner as to be misleading or tend to deceive or defraud the public.

D.   The company's business name with the company's telephone number shall appear in a conspicuous area of the taxi vehicle in lettering not less than six (6) inches in height and in a contrasting color.

E.   If a taxicab operator accepts credit card payments such shall be indicated on both sides of the rear doors by way of logos for each type of credit card which is accepted.

F.   If, after a license has been issued for a taxicab, any of the provisions of this section are violated, the Division of Taxi and Limousine Licensing shall suspend and/or revoke the license of such taxi or taxicabs in accordance with the provisions of this chapter.

 

 

§ 179A-20.  Taxicab fares.

   The maximum rates of fare allowable for taxicabs licensed by the City of Hoboken shall be as follows:

A.   Any one destination within the city limits shall be five dollars ($5.). The fare for senior citizens shall be four dollars ($4.).

B.   If cab rides are shared with the consent of the first rider(s), the fee may be increased by five dollars ($5.) so long as the second rider(s) is not going to the same exact destination. No more than two (2) paying passengers. The right of the taxicab operator to transport shared rides applies only at taxi stands designated by the City of Hoboken if there are more passengers then available taxis.  The first rider must be taken to his or her destination first.

C.   In addition to the aforesaid rates, there shall be a charge of fifty cents ($0.50) for each bag exceeding two (2), with which a driver assists a passenger, except that senior citizens shall not be subject to this fee.

D.   Every driver must have a city approved Rate Book in the vehicle at all times and must use the rates included in the book.

 

 

§ 179A-21.  Receipt to be supplied on demand.

   The driver of a taxicab shall, upon request by the passenger, provide him or her a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, driver's name, license number of the taxicab, date and the amount paid for fare. Only one (1) receipt per fare shall be provided.

 

 

§ 179A-22.  Refusal of passenger to pay legal fare.

   No person shall refuse to pay the legal fare of any taxicab or vehicle mentioned in this chapter after having hired same. No person shall hire any such taxicab or vehicle with intent to defraud the person from whom it was hired of the value of such service.

 

 

§ 179A-23.  Solicitation of passengers; acceptance and discharge of passengers; cruising.

A.   No driver shall solicit passengers for a taxicab except when sitting in the driver's seat of such taxicab or while standing immediately adjacent to the curbside thereof. The driver of any such taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon the public street.

B.   No driver shall solicit patronage in a loud or annoying tone of voice, by sign, voice amplification device or in any manner so as to annoy any person, obstruct the movement of any person, or follow any person for the purpose of soliciting patronage. No driver, starter, assistant, or associate, shall induce any prospective passenger to employ him by misinforming or misleading any such prospective passenger as to the location of any hotel, public place or private residence within the city or as to the distance between any two (2) points, nor shall any driver, starter, assistant, or associate deceive any prospective passenger or make any false or misleading representations to him or her or convey any passenger to any place or over any route other than that which such passenger has instructed the driver to go.

C.   Drivers of taxicabs shall not receive or discharge passengers in the roadways, but shall pull up to the right hand sidewalk as nearly as possible. In the absence of a sidewalk, the driver should pull over to the extreme right hand side of the road and there receive and discharge passengers, except upon one way streets, where passengers may be discharged on either the right or left hand sidewalk or side of the road in the absence of a sidewalk.

D.   No person, other than the licensed driver or a person with a disability, shall ride or sit in the front seat unless the rear seat is fully occupied by passengers or passenger luggage. No driver shall permit any other person to occupy or ride in the taxicab, other than the person or persons employing the taxicab. The practice of sharing of taxicabs, whereby the driver is paid more than one (1) fare for the same travel or portion thereof shall be permitted only with the first passenger's consent and charged pursuant to Section 179A-20A. Any violation of this subsection shall subject the driver to an immediate five (5) day suspension as well as those penalties provided for by Section 179A-15D of this Code.

E.   No driver shall permit more than four (4) persons to be carried in his or her taxicab as passengers. Upon written application to the Division of Taxi and Limousine Licensing requesting an inspection of a particular vehicle, the Division of Taxi and Limousine Licensing may rate particular vehicles, or classes of vehicles, at a higher occupancy level. Children under seven (7) years of age seated in the lap of an adult passenger in the rear of the vehicle shall not be counted as a passenger.

F.   No driver shall refuse or neglect to convey any orderly person or persons upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Any such refusal or neglect shall be punishable by a license suspension for a period not to exceed five (5) days, as well as those penalties provided for by Section 179A-15D of this Code.

G.   Drivers shall not: (i) allow the consumption of any alcoholic beverages in their vehicle; (ii) engage in the selling of intoxicating liquors or drugs; (iii) solicit patronage for any house of ill repute; or (iv) use vehicles for any other purpose other than the transportation of passengers.

H.   Taxicabs, upon discharging their passengers, shall either return to the taxi stand assigned to that particular taxicab or shall be permitted to cruise in search of passengers. No taxicab shall remain parked at any place within the city except at a taxi stand assigned to it or unless it is waiting for a passenger. No taxicab shall be parked at any place other than its taxi stand awaiting a call from its dispatcher or other person for a new assignment.

I.    Cruising shall be allowed so long as it is conducted within the following criteria:

(1)   The pick up or discharge of passengers may not cause a dangerous traffic situation nor may it cause a disruption or stoppage in traffic flow.

(2)   Cruising shall not be allowed within five hundred (500) feet of a taxi stand. Cruising is prohibited within fifty (50) feet of a bus stop, unless hailed by a prospective passenger.

(3)   Cruising shall at all times remain at the discretion of the Director, who may regulate, modify, or abolish the practice.

(4)   This subsection shall not be construed as to allow any practice otherwise prohibited by this chapter or any law or regulation of this State or of the United States.

 

 

§ 179A-24.  Taxi stand; establishment and use.

A.   In accordance with N.J.S.A. 39:4-197(3)(a), the Division of Taxi and Limousine Licensing is authorized to regulate the use of taxi stands, and to establish and regulate temporary taxi stands, within the City of Hoboken, as provided by law.

B.   There are hereby established, taxi stands at the following locations:

(1)   On the southern side of Hudson Place, east of River Street;

(2)   On the northern side of 14th Street, east of Washington Street;

(3)   On the eastern side of Adams Street beginning at the southerly curb line of 14th Street (south marginal road) and

C.   It shall be unlawful for any taxicab driver not to abide by the direction of the taxicab "starter."

D.   The Director may establish temporary taxi stands as necessary.

E.   Private or off-duty taxis and unauthorized vehicles shall not at any time occupy the space upon the streets which have been provided and established as either a taxi stand or temporary taxi stand. Any such vehicles shall be removed at the owner's expense. No private or off-duty taxi shall be parked at a taxi stand unless authorized by the Division of Taxi and Limousine Licensing or on any city street.

 

 

§ 179A-25.  Standards of service.

   All persons engaged in the taxicab business in the city operating under provisions of this chapter shall render an overall acceptable service to the public desiring to use taxicabs. They shall answer all calls received by them for service inside the city as soon as practical and, if the service cannot be rendered within a reasonable time, they shall notify the prospective passenger how long it will be before the call can be answered and give the reason thereof. Any holder who shall refuse to accept a call anywhere in the city at any time when such holder has available taxicabs on duty, or who shall fail or refuse to give overall acceptable service, shall be deemed a violator of this chapter. The license granted to such holder shall be revoked at the discretion of the Division of Taxi and Limousine Licensing after notice of charges and hearing.

 

 

§ 179A-26.  Requirement that daily trip sheets be maintained; contents.

   Every taxicab driver shall maintain a daily trip sheet upon which is recorded all trips made each day, showing time and place of origin, destination of each trip, amount of fare, name of driver, and the times he or she reported on and off duty. All such completed trip sheets shall be returned to the owner of the taxicab by the driver at the conclusion of his tour of duty. The form of each trip sheet shall be furnished to the driver by the owner and shall be of a character approved by the Division of Taxi and Limousine Licensing. Copies of all daily trip sheets for each vehicle shall be maintained in an accessible format by the owner for a period of at least one (1) license year.

 

 

§ 179A-27.  Records and reports required.

A.   Every license holder shall keep accurate records of receipts from operation, operating and other expenses, capital expenditures and other such operating information as may be required by the Division of Taxi and Limousine Licensing. Every holder shall maintain the records containing such information accessible for examination by the Division of Taxi and Limousine Licensing.

B.   All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person or in damage to any vehicle, or to any property in an amount exceeding five hundred dollars ($500.) shall be reported to the Division of Taxi and Limousine Licensing within forty-eight (48) hours from the time of occurrence in a form to be furnished by the Division of Taxi and Limousine Licensing. Copies of any police report filed or prepared as a result of the accident must also be provided to the Division of Taxi and Limousine Licensing within forty-eight (48) hours. Such reports are to be used by the Department in developing useful information in the prevention of transportation accidents. 

C.   All license holders shall file with the Division of Taxi and Limousine Licensing copies of all contracts, agreements, arrangements, memorandums or other writing, relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other place of public gathering, indicating whether such agreement is made with any corporation, firm or association with which the holder may be interested or connected. Failure to file such copies within seven (7) days shall be sufficient cause for the revocation of a license of any offending holder or the cancellation of any taxi stand privilege.

D.   Whenever a taxicab registered to a City of Hoboken taxicab license is out of service for five (5) or more days, the taxicab license holder shall report the same in writing to the Division of Taxi and Limousine Licensing with the reason therefor, the date of decommission, and the expected date of return.  Prior to returning the taxicab to service, the taxicab license holder shall provide the Division with a written letter from a mechanic, on the mechanics official letterhead, stating the vehicle is safe for operation as a taxicab, and the date the vehicle may return to operation.

E.   Whenever the registration and/or license plates for a taxicab licensed by the City of Hoboken shall change the taxicab license holder shall provide the City of Hoboken with written verification, from the State of New Jersey Department Motor Vehicle Commission, indicating the change of license plate and/or change of registration for the vehicle prior to use of the vehicle under the City of Hoboken taxicab license. 

 

 

§ 179A-28.  Advertising.

A.   Subject to the provision of this chapter and the rules and regulations of the Division of Taxi and Limousine Licensing, taxicabs may display advertising on or above the rear bumper of the cab provided that such advertising is properly framed and does not obstruct rear vision.

B.   Taxicab companies not properly licensed to provide taxi service within the city shall not cause to be displayed any type of placard, poster, sign, sticker or card advertising its transportation services in public telephone booths, taverns, restaurants or other public places in this city.

 

 

§ 179A-29.  Division of Taxi and Limousine Licensing is to enforce chapter.

A.   The Division of Taxi and Limousine Licensing is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of this chapter, the Division of Taxi and Limousine Licensing shall file a complaint with the Municipal Court and take any other action consistent with this chapter.

B.   A vehicle owner who has been issued a taxi license shall be responsible for having said vehicle inspected at a State of New Jersey inspection station pursuant to the laws of this state. Authorized personnel of the City of Hoboken under the Division of Taxi and Limousine Licensing may conduct on street inspections of such vehicles. The inspector may order the vehicle owner to repair or take the vehicle out of service until such vehicle is repaired.

 

 

§ 179A-30.  Use of radios to dispatch taxicabs.

   Subject to required licensing and approval by appropriate authorities, including the Director and the Division of Taxi and Limousine Licensing, owners may use radios to dispatch taxicabs.

 

 

§ 179A-31.  Violations and penalties.

   Unless otherwise specified herein, any person violating any provision of this chapter shall, upon conviction thereof before the Municipal Court, be subject to a fine not exceeding one thousand dollars ($1,000.) or to imprisonment for a period not exceeding one (1) year, or both, the amount of such fine and imprisonment subject to the above limitation, to be determined by the sound discretion of the Municipal Judge. In addition to the aforementioned penalties, and as provided for herein, violations of this chapter may subject the license to suspension or revocation as provided for herein.

 

 

§ 179A-32.  Repeal of previous ordinance.

   Any ordinances adopted concerning taxicabs and taxicab drivers previously adopted by the City of Hoboken are hereby specifically repealed.

 

 

§ 179A-33.  Savings clause.

   Should any part of this chapter be declared invalid all other parts shall remain in full force and effect.

 

 

ARTICLE II   Rules and Regulations: Drivers

 

§ 179A-34.  Rules and regulations: drivers.

   The following rules shall apply to all drivers of taxicabs. Such rules, numbered sequentially below, shall be referred to by chapter, section and rule number. They are set forth below as follows:

Rule No.

Rule Specification

 

101

A driver shall be clean and neat in dress and person. A driver must wear hemmed or tailored trousers that are no higher than mid-thigh and have no holes. A female driver must wear hemmed or tailored trousers or skirt that is no higher than mid-thigh and that has no holes. A driver must wear closed shoes or sneakers. A driver must wear a collared shirt or blouse, without holes, which, if it has buttons, must be buttoned, except for the top two buttons. A driver may not wear as outer clothing underwear, t-shirts, tank tops, tube tops, body shirts, swim wear, bathing trunks or cut-off shorts.

 

102

A driver shall not smoke while carrying a passenger unless the passenger verbally consents.

 

103

A driver shall not operate or occupy a taxicab while his driving ability is impaired by either alcohol or drugs. While driving or occupying a taxicab, a driver shall not consume any alcoholic beverage or any drugs or narcotics which are either illegal or capable of impairing his driving ability.

 

104

A driver shall not operate a taxicab for more than twelve (12) consecutive hours, and a driver shall not operate more than twelve (12) total hours in any twenty-four (24) hour period.   Twenty-four (24) hour periods shall be measured from 12:01 a.m. to 11:59 p.m.

 

105

A driver shall, at all times, cooperate with all law enforcement officers, authorized representatives of the Division of Taxi and Limousine Licensing and dispatchers at public transportation terminals and authorized group ride taxi lines and shall comply with all their reasonable requests, including but not limited to providing his name and taxicab operator's license number and exhibiting the rate card, trip record and other documents required to be in his possession.

 

106

a.       A driver shall not operate his taxicab in such a manner or at a speed which unreasonably endangers users of other vehicles, pedestrians or his passengers.

 

 

b.       A driver who knows or should know that personal injury has been caused to another person or that damage has been caused to the property of another person due to an accident involving the driver's taxicab shall, before leaving the place where the damage or injury occurred, stop, exhibit to such other person his taxicab operator's license, motor vehicle driver's license and rate card and give to such other person his name, residence address, chauffeur's license number, taxicab driver's number and taxicab medallion number, as well as the name of the taxicab's insurance carrier and the insurance policy number.

 

 

c.    A driver shall operate his taxicab at all times in full compliance with all laws, rules and regulations of the Port Authority of New York and New Jersey and any regulatory body or governmental agency having jurisdiction over motor vehicles, with respect to matters not otherwise specifically covered in these rules.

 

 

d.    A driver, while operating a taxicab, shall immediately report to the owner of the vehicle any motor vehicle accident in which he is involved.

 

107

A radio shall be turned on or off at the request of the passenger. The passenger shall have the right to select the radio program. Whether or not a taxicab is hired, a radio shall be played at normal volume only and comply with all noise ordinances.

 

108

An air conditioning and heating device in a taxicab shall be turned on or off at the request of a passenger.

 

109

A driver, while performing his duties and responsibilities as a driver, shall not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation or larceny or perform any willful act of, omission or commission which is against the best interests of the public, even though not specifically mentioned in these rules.

 

110

A driver shall not apply for or accept more than one (1) taxicab operator's license without the Division of Taxi and Limousine Licensing's written permission.

 

111

A driver shall not permit any other person to use the driver's taxicab operator's license while such person is operating any vehicle.

 

112

a.      A driver shall not permit the taxicab to be operated for hire by another person who is not currently licensed by the Division of Taxi and Limousine Licensing as a taxicab driver.

 

 

b.      During the work shift, a driver shall not allow another person to operate the taxicab or occupy the driver's seat, except in the event of an emergency.

 

113

a.      A driver shall not use or permit any person to use his taxicab for any unlawful purpose.

 

 

b.      A driver shall not conceal any evidence of a crime nor voluntarily aid violators to escape arrest.

 

 

c.      A driver shall report immediately to the police any attempt to use his taxicab to commit a crime or to escape from the scene of a crime.

 

114

A driver or any person acting on his behalf shall not offer or give any gift, gratuity or thing of value to any employee, representative or member of the office of the Division of Taxi and Limousine Licensing or any public servant or any dispatcher employed at a public transportation facility.

 

Rule No.

Rule Specification

 

115

A driver shall immediately report to the Division of Taxi and Limousine Licensing and the Hoboken Police Department any request or demand for a gift, gratuity, free service or anything of value by any employee or representative of the Division of Taxi and Limousine Licensing, any member of the City Council of Hoboken, any police officer, any dispatcher or any public servant.

 

116

A driver shall notify the Director, in writing, of the driver's conviction of a crime or motor vehicle offense, excluding parking violations for vehicles other than a taxicab, within fifteen (15) days of such conviction, and he/she shall deliver to the Division of Taxi and Limousine Licensing a certified copy of the certificate of disposition issued by the clerk of the court within fifteen (15) days of sentencing.

 

117

A driver shall not permit more than four (4) passengers to ride in his taxicab, unless the particular vehicle in question has been rated higher by the Division of Taxi and Limousine Licensing pursuant to Section 179A-23E of this chapter. Children under the age of seven (7) seated in the lap of an adult passenger seated in the rear must be permitted and shall not count as passengers for the purposes of computing the number of passengers.

 

118

A handicapped passenger, unable to enter or ride in the rear passenger part of the taxicab, must be permitted to occupy the front seat alongside the driver. If a passenger's luggage occupies the rear passenger part of the taxicab, a passenger must be permitted to occupy the front seat alongside the driver.

 

119

a.      A driver shall be courteous to passengers.

 

 

b.      A driver shall comply with all the reasonable requests of a passenger, including but not limited to providing, upon request, his name, his taxicab operator's license number and the city assigned taxi number.

 

120

A driver shall not threaten, harass or abuse any passenger, governmental officer, representative of the Division of Taxi and Limousine Licensing, public servant or any other person while performing his duties as a driver.

 

121

A driver shall not use or attempt to use any physical force against any passenger, governmental officer, representative of the Division of Taxi and Limousine Licensing, public servant or any other person while performing his duties as a driver.

 

122

A driver shall solicit passengers only while sitting in the driver's seat of his taxicab or while standing immediately adjacent to the curbside of his taxicab and only with the words "taxi" or "cab" or "taxicab." This rule shall not be construed to allow any solicitation or conduct otherwise prohibited by this chapter.

 

123

A driver may not use another person, other than a dispatcher at an authorized group-ride taxi line, to solicit a passenger nor suggest to a passenger that an additional person be accepted as a passenger.

 

124

A driver shall not solicit passengers within fifty (50) feet of any bus stop nor stop there unless hailed.

 

125

A driver shall not pick up additional fares while the taxi continues to be employed.

 

126

A driver may not, in omnibus fashion, pick up passengers at one (1) or more locations.

 

127

A driver shall not seek to ascertain the destination of a passenger before such passenger is seated in the taxicab.

 

128

A driver shall not refuse by words, gestures or any other means to take any orderly and lawful passenger to any destination within the City of Hoboken and a twenty-five (25) mile radius thereof. This includes a person who is handicapped and any guide dog or other service animal accompanying such person.

 

129

A driver shall not induce the hire of his taxicab by giving misleading information, including but not limited to, the times of arrival and departure of trains, buses, ships, ferries, planes or other scheduled forms of transportation, the location of a building or place or the distance between two (2) points.

 

130

a.      A driver shall not refuse to transport a passenger's luggage, wheelchair, crutches or other property.

 

 

b.      Upon request of a passenger, the driver shall load or unload such property in or from the taxicab's interior or trunk compartment and shall secure such compartment.

 

131

A driver shall not sell, advertise or recommend any service or merchandise to any passenger without prior written approval from the Division of Taxi and Limousine Licensing.

 

132

A driver shall comply with any request of a passenger during the trip to change his destination or terminate the trip, unless it is impossible for the driver to comply with such request, and the passenger shall pay the fare at the time of termination.

 

133

A driver shall take a passenger to his destination by the shortest reasonable route unless the passenger requests a different route or unless the driver proposes a faster alternative route to which the passenger agrees. The driver shall comply with all reasonable and lawful routing requests of the passenger.

 

134

A driver shall be required to accept United States currency or a Director approved group voucher.

 

135

A driver shall give the correct change to a passenger who has paid the fare.

 

136

A driver shall give a passenger a receipt for payment of the fare when requested to do so by the passenger; such a receipt shall state the date, time, city assigned taxi number, fare paid, any other charge and the Division of Taxi and Limousine Licensing's Complaint Department telephone number.

 

137

A driver shall not ask a passenger for a tip nor indicate that a tip is expected or required.

 

Rule No.

Rule Specification

 

138

If a passenger refuses to pay the fare, the driver, with the passenger's consent, may place the meter in the off or "vacant" position, illuminate the "off-duty" light, enter on the trip record the words "off-duty" and the amount of the fare, proceed directly to the nearest police station, present the facts to the police and follow their instructions for resolving the dispute.

 

139

A driver shall promptly answer and comply as directed with all questions, communications, directives and summonses from the Division of Taxi and Limousine Licensing or his representative. A driver shall produce his taxicab operator's license and Motor Vehicle Commission (MVC) license, trip record or other documents whenever the Division of Taxi and Limousine Licensing or his representative requires him to do so.

 

140

A driver shall not knowingly operate a vehicle for hire unless such vehicle is properly licensed by the Division of Taxi and Limousine Licensing.

 

141

A driver shall comply with all restrictions endorsed by the Director upon his taxicab operator's license.

 

142

a.      A driver shall not operate a taxicab in the City of Hoboken while his taxicab operator's license or his motor vehicle driver's license is revoked, suspended or expired.

 

 

b.      A driver shall immediately surrender his taxicab operator's license to the Division of Taxi and Limousine Licensing upon the suspension or revocation of his chauffeur's license.

 

143

A driver shall take all reasonable steps to safeguard his taxicab operator's license.

 

144

A driver shall notify the Division of Taxi and Limousine Licensing, in writing, of the loss or theft of his taxicab operator's license within seventy-two (72) hours, exclusive of weekends and holidays.

 

145

A driver shall not alter, deface, mutilate or obliterate any portion of his taxicab operator's license or the attached photograph so as to cause it to present false information or make it unreadable or unrecognizable.

 

146

A driver shall immediately surrender for replacement any unreadable or unrecognizable taxicab operator's license.

 

147

A driver shall submit four (4) prints of a new photograph to the Division of Taxi and Limousine Licensing whenever his physical appearance has substantially changed. Substantial change shall include, but not be limited to, the growth or removal of facial hair.

 

148

A driver shall report any change of mailing address to the Division of Taxi and Limousine Licensing, either in person or by registered or certified mail, return receipt requested, within seven (7) days, exclusive of weekends and holidays. Any notice from the Division of Taxi and Limousine Licensing shall be deemed sufficient if sent to the mailing address furnished by the driver.

 

149

A driver, while operating a taxicab, shall not carry a weapon without the Division of Taxi and Limousine Licensing's written authorization.

 

150

a.      A driver shall keep a trip record in the taxicab, make all entries legibly in ink and include the following information:

 

 

1.     The taxicab's city assigned taxi number.

 

 

2.     His name and taxicab operator's license number.

 

 

3.     The license plate number.

 

 

4.     At the start of each trip: the destination and the starting time.

 

 

5.     On completion of the trip: the date, time, specific location, the amount of fare and all other entries required by these rules.

 

 

b.      A driver shall not make erasures or obliterations or white-outs on a trip record. The driver shall correct any wrong entry only by drawing a single line through the incorrect entry. A driver shall not leave blank lines between entries.

 

 

c.      A driver shall not rewrite a trip record, either in whole or in part, unless authorized by the Division of Taxi and Limousine Licensing.

 

151

A driver shall not operate a taxicab unless all of the following are present in the taxicab:

 

 

a.      The trip record, also known as a "trip sheet."

 

 

b.      His taxicab operator's license in an appropriate frame on the right side of the dashboard.

 

 

c.      The rate card assigned to the taxicab.

 

 

d.      Receipts for passengers.

 

 

e.      All notices required to be posted in the taxicab.

 

152

A driver shall not obstruct a passenger's view of any of the items required to be posted in a taxicab by these rules.

 

153

A driver shall not operate a taxicab having any equipment, devices or signs not specifically specified in these rules unless authorized, in writing, by the Division of Taxi and Limousine Licensing.

 

154

A driver shall not operate a taxicab without continued personal inspections and reasonable determination that all equipment, including brakes, tires, lights and signals, is in good working order.

 

155

A driver shall not operate a taxicab unless both he and the owner or his agent if the driver's vehicle is not owned by the driver, shall, at the beginning of each work shift, sign and certify on the trip record that the taxicab and its equipment are in good working order and the items required in the taxicab are present. One (1) entry for a driver who owns the vehicle he drives is sufficient for that vehicle.

 

156

When a taxicab taken out of service for repair has been repaired, and if the repairs were made by the driver he shall immediately make a trip record entry showing the work that was completed, the shop name and the time the work was finished. The driver shall carry the work order or receipt with him while on his work shift and deliver it to the owner at the end of that shift.

 

157

A driver, during his work shift, shall keep the taxicab's exterior and interior clean.

 

158

A driver has the right to take a position on any taxi stand having a vacancy, and no other taxicab driver may interfere with that right.

 

159

A driver may not occupy a taxi stand for the purpose of rest or repairing his taxicab, except for minor emergency repairs.

 

160

A driver shall not overcrowd, back into a front position on a taxi stand or otherwise cut the line. A driver shall take the rear position on the line formed at such a stand, unless it is a relief stand that has a vacancy.

 

161

A driver may occupy a taxi stand only when he is on duty.

 

162

The driver of each of the first two (2) taxicabs on a taxi stand, other than a relief stand, shall remain in the driver's seat ready to accept passengers. Any other driver on such a stand shall be no more than fifteen (15) feet from his taxicab, unless he is off duty and the required "Off-Duty" light or "Relief Time" sign is visibly displayed.

 

163

The rules regarding taxi stands also apply to special taxi stands and feed lines at air, rail, bus and ship terminals.

 

164

A driver shall immediately report to the Division of Taxi and Limousine Licensing any taxi license holder who instructs any driver to violate any section of this chapter.

 

165

A driver shall not charge a fare in excess of that provided for by this chapter.

 

 

 

§ 179A-35.  Schedule of violations and penalties.

   A fine not less than the following penalties shall apply to violations of the rules set forth in Section 179A-34. The penalty schedule lists the rule number, the range of fines associated with a violation of that rule and whether the violator is required to make a personal appearance to answer such charge:

 

Rule

 

Penalty/Fine

Appearance

Required

101

$150.00

No

102

$200.00

No

103

$350.00 to $600.00 and mandatory revocation1

Yes

104

$125.00

No

105

$150.00 to $450.00

Yes

106a

$200.00 to $350.00 and/or suspension of 5 days

Yes

106b

$200.00 to $350.00 and/or suspension of 5 days

Yes

106c

$150.00 to $200.00 for a violation that governs stationary vehicles

Yes

106d

$250.00 to $500.00 and/or suspension of 5 days

Yes

107

$150.00

No

108

$150.00

No

109

$300.00 to $450.00

 

Yes

110

$150.00 to $250.00 and/or suspension of 20 days

Yes

111

$350.00 to $600.00 and/or suspension of 5 days

Yes

112a

$250.00 to $450.00 and/or suspension of 5 days

Yes

112b

$150.00

No

113a, b and c

$350.00 to $600.00 and/or suspension of 20 days

Yes

114

$200.00 to $350.00 and/or suspension of 10 days

Yes

115

$200.00

No

116

$350.00 to $600.00

No

117

See Section 179A-15D

No

118

$150.00 to $250.00

No

119a and b

$150.00

No

120

$350.00

No

121

$350.00 to $600.00

No

122

$350.00

No

123

$150.00 to $200.00

No

124

See Section 179A-15D

No

125

See Section 179A-15D

No

126

$200.00 to $350.00

No

127

$200.00

No

128

$200.00

No

129

$200.00

No

130a and b

$150.00 to $200.00

No

131

$150.00 to $200.00

No

132

$150.00 to $200.00

No

133

$150.00 to $200.00

No

134

$150.00 to $200.00

No

135

$150.00 to $200.00

No

136

$150.00

No

137

$150.00

No

138

No penalty attached

Not applicable

139

$200.00

Yes

140

$350.00 to $600.00

Yes

141

$150.00 to $200.00

Yes

142a and b

$350.00 to $600.00

Yes

143

$125.00

No

144

$125.00

No

145

$200.00

No

146

$125.00

No

147

$125.00

No

148

$200.00

No

149

$200.00

Yes

150a, b and c

$200.00

Yes

151

$200.00

Yes

152

$125.00

Yes

153

$125.00

No

154

$150.00 to $200.00

Yes

155

$150.00 to $200.00

Yes

156

$150.00 to $200.00

Yes

157

$125.00

No

158

$200.00

No

159

$200.00

No

160

$200.00

No

161

$200.00

No

162

$125.00 to $150.00

No

163

$125.00 to $150.00

No

164

$150.00 to $250.00

No

165

$500.00 to $1,000.00 and/or suspension for 30 days

Yes

1 Editor's Note: In addition to those penalties provided for by N.J.S.A. 39:4-50.

 

 

ARTICLE III   Rules and Regulations: Owners

 

§ 179A-36.  Rules and regulations: owners.

   The following rules shall apply to all owners of taxicabs. Such rules, numbered sequentially below, shall be referred to by chapter, section and rule number. They are set forth below as follows:

Rule No.

Rule Specification

 

201

An owner shall not dispatch a taxicab or for-hire vehicle not currently licensed by the city.

 

202

An owner who is not currently licensed shall not advertise or hold himself out as doing business as a taxi or taxicab or any name that would tend to confuse the public as to the owner's license status.

 

203

An owner shall not cause to be dispatched a taxicab or for-hire vehicle unless the driver thereof has a current taxi operator's license.

 

204

An owner, while performing his duties and responsibilities as a taxicab or for-hire vehicle owner, shall not commit or attempt to commit, alone or in concert with another, any fraud, misrepresentation or larceny or perform any willful act or omission which is against the best interests of the public, although not specifically prohibited in these rules.

 

205

An owner shall not use or permit any other person to use any of his taxicabs or for-hire vehicles, his garage or his office of record for any unlawful purpose.

 

 

206

An owner shall not conceal any evidence of crime connected with his taxicabs or for-hire vehicles, garage or office of record.

 

 

207

An owner shall report immediately to the police any attempt to use any of his taxicabs or for-hire vehicles to commit a crime or flee from the scene of a crime.

 

 

208

The owner shall inspect or cause to be inspected the interior of the taxicab or for-hire vehicle immediately after the termination of each work shift.

 

 

209

Property found shall be taken without delay to the Police Department, unless it can be returned to its rightful owner sooner than being brought to the Police Department.

 

 

210

An owner shall not dispatch or cause to be dispatched any taxicab or for-hire vehicle from a public street or other public area if such dispatch will prevent the flow of pedestrians and/or vehicular traffic or cause inconvenience or annoyance to the public.

 

 

211

No owner of a vehicle shall permit a person to operate that vehicle as a livery or a limousine who does not possess a valid limousine or livery operator's license issued by the City of Hoboken.

 

 

212

No owner shall aid, assist, counsel, require, order, mandate, suggest or in any other way knowingly cause a driver to violate any rule or rules of this chapter.

 

 

 

 

§ 179A-37.  Schedule of violations and penalties.1

   A fine of not less than the following penalties shall apply to violations of the rules set forth in Section 179A-36. The penalty schedule lists the rule number, the range of fines associated with a violation of that rule and whether the violator is required to make a personal appearance to answer such charge.

 

Rule

 

Penalty/Fine

Appearance

Required

201

$350.00 to $600.00 and/or suspension of 20 days

Yes

202

$350.00 to $600.00 and/or suspension of 20 days

Yes

203

$350.00 to $600.00 and/or suspension of 5 days

Yes

204

$500.00 to $1,000.00 and/or suspension of 20 days

Yes

205

$500.00 to $1,000.00 and/or suspension of 20 days

Yes

206

$500.00 to $1,000.00 and/or suspension of 20 days

Yes

207

$500.00 to $1,000.00 and/or suspension of 20 days

Yes

208

$150.00 to $250.00

No

209

$150.00 to $250.00

No

210

$150.00 to $250.00

No

211

$350.00 to $500.00

Yes

212

$750.00 to $1,000.00 and suspension or revocation

Yes

 

1 Editor's Note: In addition to those penalties provided for by N.J.S.A. 39:4-50.

Chapter 179A TAXICABS
Published by ClerkBase
©2011 by Clerkbase. No Claim to Original Government Works.