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ORDINANCE NO. 17,616
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AN ORDINANCE REPEALING CHAPTER
34 OF THE LITTLE ROCK, ARK. REVISED
CODE OF ORDINANCES AND ADDING A
NEW CHAPTER 34 ENTITLED
"TRANSPORTATION CODE," AND FOR
OTHER PURPOSES.
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NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Little Rock, Ark., Rev. Code Chapter 34 (1988) is hereby repealed and the
following is added as a new Little Rock, Ark., Rev. Code Chapter 34.
SECTION 2. ARTICLE I. IN GENERAL.
A. Short Title.
This chapter shall be known and cited as the "Little Rock Transportation Code."
B. Scope of Chapter.
(a) This chapter shall govern all transportation of passengers for hire by motor vehicle
and by certain other means between points within the corporate limits of the City of
Little Rock subject to the validly exercised authority of state and federal agencies.
Transportation of passengers by motor vehicle as an incident to other commercial or
governmental purposes is excluded from regulation by this chapter.
(b) No person, firm, or corporation may transport passengers for hire by motor vehicle or
otherwise within the territorial jurisdiction of this chapter, other than pursuant to permit
by the City of Little Rock under authority hereof.
SECTION 3. Penalty.
Any person, firm or corporation found in violation of any provision of this chapter shall be
subject to the penalties in accordance with Section 1 -9.
SECTION 4. Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
(a) ADA shall mean the Americans with Disabilities Act of 1990.
(b) Administrator shall mean the City Manager or the City Manager's designated agent.
(c) Airport Shuttle shall mean a motor vehicle with a seating capacity minimum of eight
(8) and a maximum of no more than fifteen (15) passengers, including the Driver.
Mini -vans are acceptable for usage as an Airport Shuttle vehicle. Sedans shall be
excluded for usage as an Airport Shuttle vehicle. The vehicle shall prominently
display "Shuttle Service" on the front or rear sides of the vehicle. This marking may be
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permanent or temporary.
(d) Airport Terminal Service is hereby defined to be the provision of public transportation
service operated for the purpose of transporting passengers exclusively to and from the
Little Rock National Airport terminal building and adjacent parking facilities.
(e) City shall mean the City of Little Rock, Arkansas.
(f) Controlled Substance shall mean a drug, substance, or immediate precursor as listed or
defined in Schedules I -VI of the Uniform Controlled Substances Act, presently
codified as Ark. Code Ann. § 5 -64 -101, as may be amended.
(g) Courtesy Vehicle shall mean any motor vehicle operating upon the public streets of the
City which is owned or leased by a public or private entity and operated exclusively to
provide transportation services to patrons to and from the entity's place of business
with out charge or other consideration.
(h) Director shall mean the department Director of the General Services Department.
(i) Driver or Taxicab Driver shall mean any Person duly licensed by the state who has
registered as a Taxicab Driver with the City and has obtained a Taxicab Driver's Permit
as required by this chapter, and who has been permitted to drive a Taxicab by the
Holder of a Taxicab permit, or has entered into a written agreement for use of a Taxicab
with the Holder of a Taxicab permit, in accordance with the requirements of this
Article.
(j) Exclusive Ride shall mean a ride in which the passenger engaging the Taxicab restricts
the ride solely to the passenger, or the passenger's party, and the fare is charged at the
ceiling rate.
(k) Fleet Taxicab Operator shall mean a Person operating two (2) or more Taxicabs.
(1) Fleet Taxicab Operator Permit shall mean a permit granted by the City to an Operator
to operate a Taxicab Service employing two (2) or more Taxicabs.
(m) Holder shall mean a Person to whom a Taxicab Operator or Driver permit has been
issued.
(n) Independent Taxicab Operator shall mean any Person permitted by the City to operate
a single Taxicab.
(o) Independent Taxicab Operator Permit shall mean the permit granted by the City
before April 1, 1983 to an Operator to operate a Taxicab Service employing a single
Taxicab.
(p) Luxury Limousine shall mean an unmarked sedan-type luxury motor vehicle with a
seating capacity of no more than nine (9) passengers, including the Driver. Such
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vehicle shall have a partition between the Driver and passenger compartment and shall
have a wheel base of not less than one hundred twenty-five (125) inches. Vans, station
wagons, buses and other such vehicles are excluded.
(q) Manifest shall mean a daily record prepared by the Taxicab Operator of all trips made
by each Taxicab showing the time and place of origin of a call, time the call was
dispatched and to what Driver, and when possible, the address at which the passenger
was dropped off.
8 (r) Passenger- For -Hire shall mean a Person who engages a ride in a Taxicab.
9 (s) Permittee shall mean the Person, firm or corporation holding the Operator or Driver
10 permit issued by the City of Little Rock.
11 (t) Person shall extend and be applied to firms, partnerships, associates, joint ventures,
12 organizations and bodies politic and corporate, or any combination thereof, as well as
13 to individuals.
14 (u) Public Transit System shall mean a passenger transportation service operated for the
15 general public at a prescribed fare along established routes on a fixed schedule, and
16 such other special routes and services as may be deemed necessary.
17 (v) Rate Card shall mean a card approved by the City to be displayed in each Taxicab
18 reflecting the rates of fare then in force.
19 (w) Shall is mandatory, not directory.
20 (x) Special Paratransit Vehicle shall mean any motor vehicle operated exclusively by its
21 owner, or employee of such owner, as a passenger carrier for hire over the public
22 streets of the City, other than a public transit bus, Taxicab, Luxury Limousine, Courtesy
23 Vehicle, or airport transit service. The motor vehicle shall be designed for eight (8)
24 passengers or more, including the Driver, (except when such vehicle has been modified
25 to meet the accessibility standards of the Americans with Disability Act of 1990).
26 (y) Specialized Transportation Permit shall mean a permit issued by the City for operation
27 of Specialized Transportation Service for the purposes of this section as defined herein
28 (z) Specialized Transportation Service shall mean any transportation of passengers upon
29 the public streets of the City by motor vehicle for the purposes of this section as defined
30 herein.
31 (aa) Specialty Transportation shall mean the transportation of passengers for hire upon the
32 public streets of the City by any vehicle which is drawn by horse, mule or other animal,
33 or any other novelty-type vehicle which is not otherwise regulated by this chapter.
34 (bb) Taxicab shall mean motor driven vehicles clearly marked as such, equipped with a
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1 Taximeter and having a seating capacity not in excess of seven (7) passengers and used
2 for the transportation of Persons for hire. Included within the meaning of the term shall
3 not be any vehicle having a seating capacity in excess of seven (7) passengers and
4 employed in transporting Persons over regular routes having fixed terminals or upon
5 regular schedules of operation. A Taxicab may include motor vehicles designed for
6 fifteen (15) passengers or less, including the Driver, which have been modified to meet
7 the accessibility requirements and standards of the Americans with Disability Act of
8 1990. Such vehicle so modified shall not have a seating capacity in excess of seven (7)
9 passengers.
10 (cc) Taxicab Driver's Permit shall mean the permit granted by the City to a Person to drive
11 a Taxicab in the City. The permits are to be issued for a specific term not to exceed two
12 (2) years.
13 (dd) Taxicab Service shall mean a passenger transportation service operated in a clearly
14 marked vehicle permitted pursuant to this article and not operating on a fixed route.
15 (ee) Taximeter shall mean a device which calculates and displays a fare.
16 (ff) Taxi Zone shall mean that curb space along the public streets of the City designated by
17 the City Manager for the exclusive parking of Taxicabs by the proper placement of
18 signs or markers reading "No Parking, Taxi Zone."
19 (gg) Top -Light shall mean an instrument or an accessory to be permanently attached to the
20 outside top of a duly licensed Taxicab and at a midpoint between the front doors and
21 not more than thirty (30) inches to the rear of the topmost part of the windshield.
22 (hh) Waiting Time shall mean the time when a Taxicab is not in motion and not engaged by
23 a passenger. Waiting Time also shall mean the time consumed while standing at the
24 direction of a passenger or a Person who has engaged such Taxicab.
25 SECTION 5. Appointment and Authority of Inspectors.
26 (a) The City Manager or the City Manager's designee hereby empowered to appoint and
27 authorize inspectors for the issuance of citations for violations of the Little Rock
28 Transportation Code, and regulations promulgated pursuant thereto.
29 (b) The City Manager is hereby empowered to appoint and authorize qualified individuals
30 from other governmental departments or entities to issue citations for violations of the
31 Little Rock Transportation Code, and regulations promulgated pursuant thereto.
32 (c) The City Manager or City Manager's designee shall designate in writing the individuals
33 who are authorized to issue citations. This list shall be filed of record with the City
34 Clerk.
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1 SECTION 6. Operation of Vehicles for Hire on Airport Property. 780
2 (a) Except for Airport Terminal Service, the City shall have exclusive jurisdiction over
3 vehicles for hire operating between the airport facilities and a point or points within the
4 City.
5 (b) Nothing in this section prohibits the City from contracting with the Airport
6 Commission to permit the Commission to oversee the operation of vehicles for hire on
7 airport property.
8 (c) Unless the City Manager elects to provide a Taxicab Starter, the Airport Commission
9 may employ a Taxicab Starter to be responsible for the supervision of vehicles for hire
10 on airport property, provided that this supervision is consistent with the terms of this
11 ordinance and, that any hearings required by this ordinance shall be conducted by the
12 City, unless such authority to conduct hearings is expressly delegated by ordinance to
13 the Airport Commission by the City.
14 (d) A Taxicab Starter shall have authority to:
15 (1) Regulate which Taxicab Drivers may enter the line waiting to pick up passengers
16 for transportation;
17 (2) Request any Driver to leave the line;
18 (3) Refuse to place passengers; and
19 (4) Report violations to the Administrator or to appropriate law enforcement officials.
20 SECTION 7. Prerequisites for Taxicab Service at the Airport.
21 No Taxicab shall be eligible for service at the airport unless it is authorized to engage in
22 Taxicab Service in keeping with the applicable laws of the State of Arkansas or the City and
23 is plainly marked, numbered, kept clean in appearance and in good working condition. The
24 Drivers shall at all times act in a professional manner and practice good hygiene.
25 SECTION 8. ARTICLE IL REQUIREMENTS.
26 SECTION 9. General Rules of Operation.
27 (a) Authorized operation. No vehicle permitted pursuant to this chapter shall be operated
28 by any Person other than the owner of such vehicle or his or her duly licensed
29 authorized agent.
30 (b) Passengers limited. No vehicle permitted pursuant to this chapter shall be operated
31 with more passengers than the stated seating capacity of the vehicle. In addition, it
32 shall be unlawful for the Operator of any vehicle to permit any other Person to occupy
33 or ride in the vehicle when the same is occupied by a faze - paying passenger or by
34 members of the party of the fare- paying passenger without the consent of such fare -
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1 paying passenger.
2 (c) Compliance with laws. All Persons, firms or corporations permitted pursuant to this
3 chapter shall comply with and be subject to all laws, rules and regulations of the City
4 of Little Rock and the State of Arkansas. In this regard, said vehicles shall be operated
5 with due respect for the safety, comfort and convenience of passengers and for the safe
6 and careful transportation of property of passengers and the safety of the general public.
7 All reasonable efforts shall be made to promote such safety at all times and under all
8 conditions. Provided further, no Driver shall have authority to stop, block, direct or
9 otherwise inhibit the flow of traffic when entering or departing a public street.
10 (d) Loading or unloading passengers. No Person, firth or corporation permitted pursuant
11 to this chapter shall stop to load or unload any passenger while situated in an
12 intersection or crosswalk, or in such a manner as to interfere with the orderly flow of
13 traffic. Drivers of vehicles permitted under this chapter shall not receive or discharge
14 passengers in the street, but shall pull up to the sidewalk or, in the absence of a
15 sidewalk, to the extreme right side of the street, except on one -way streets, and there
16 receive or discharge passengers. Double - parking shall be allowed only when the
17 Taxicab Driver is actively engaged in the loading or unloading of passengers and such
18 parking does not impede the flow of traffic. Every Driver of a Taxicab parked in a Taxi
19 Zone shall at all times remain with his or her Taxicab. All Operators of Taxicabs shall,
20 in the use of the public streets, give careful attention to the rights and needs of the
21 public generally using such streets. No Taxicab Driver shall engage in cruising in the
22 City for the purpose of picking up passengers.
23 (e) Solicitation of passengers. It shall be unlawful for any Person, firm or corporation
24 permitted pursuant to this chapter to seek or solicit a passenger or passengers for any
25 vehicle permitted under this chapter, whether or not such vehicle is identified as a
26 Taxicab, at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus
27 stop or station, or upon any sidewalk or street, or any other place in the City. It shall be
28 unlawful for any Person permitted pursuant to this chapter to call "Taxicab,"
29 "limousine," "hotel," or any other words or gestures that could be construed as
30 soliciting a Passenger- For -Hire. A violation of this section shall be cause for
31 suspension, for a period not exceeding fifteen (15) days, or revocation, of the Taxicab
32 permit for the Taxicab for which such solicitation was made and the Taxicab Driver's
33 Permit of the Driver of such Taxicab.
34 (f) Office required. Any Person, firm or corporation engaged in a business subject to the
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1 provisions of this chapter shall maintain a central place of business, in an area zoned
2 for such, for the purposes of receiving calls and dispatching vehicles. Such place of
3 business shall be open and staffed for a minimum of eight (8) hours a day, five (5) days
4 a week. Said Person, firm or corporation shall file and keep current with the
5 Administrator, the address and telephone number of said place(s) of business.
6 (g) Hotel routes. There shall be established no more than three (3) routes for an Airport
7 Shuttle Service. The maximum rates for this service shall be determined on a periodic
8 basis by the City Manager after a hearing before the Administrator on the issue. The
9 decision of the City Manager may be appealed to the Board of Directors. A map of
10 these routes shall be approved by the Board of Directors and made an exhibit to this
11 Code.
12 SECTION 10. Insurance.
13 (a) Insurance requirement. No Person, firm or corporation authorized by a permit pursuant
14 to this chapter may operate a vehicle for the transportation of passengers within the City
15 of Little Rock, without first securing, and maintaining in force at all times, a
16 commercial auto liability insurance policy issued by a company authorized to do
17 business in the State of Arkansas covering each vehicle to be used for the transportation
18 service and in the following amounts:
19 (1) For Taxicab franchises existing as of the effective date of this ordinance: $25,000
20 for the injury or death of any one (1) Person and subject to that limit for each
21 Person; $50,000 for each accident; and $10,000 for each accident regarding
22 damage to property.
23 (2) For Taxicab franchises existing after the effective date of this ordinance
24 $100,000 for the injury or death of any one (1) Person and subject to that limit for
25 each Person; $300,000 maximum liability for each accident; and $100,000 for
26 each accident regarding damage to property.
27 (3) For Airport Shuttle Service: $100,000 for the injury or death of any one (1) Person
28 and subject to that limit for each Person; $300,000 maximum liability for each
29 accident; and $100,000 for each accident regarding damage to property.
30 (b) Certificate of Insurance. The liability insurance coverage shall be evidenced by a
31 current certificate of insurance covering each vehicle permitted pursuant to this chapter
32 filed annually with the Administrator or designed agent.
33 (c) Notice of insurance policy cancellation to be sent to the City. Each insurance
34 certificate shall include a representation by the insurance carrier that notice of
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1 cancellation will be sent to the Administrator or his designated agent at least ten (10)
2 days prior to cancellation. Upon lapse or cancellation of such policy, the permit
3 granted to the Person, firm or corporation shall be temporarily suspended pending
4 notice of hearing.
5 (d) Bond in lieu of insurance policy. In lieu of such policy of insurance, a Person, firm or
6 corporation authorized by a permit pursuant to this chapter may file a bond by some
7 solvent surety company licensed to do business in the State of Arkansas or may file a
8 bond by suitable collateral, as set forth in Ark. Code Ann. § 27 -14 -1501 (Michie Repl.
9 1994).
10 (e) Self - insurance in lieu of insurance policy or bond. In lieu of such policy of insurance
11 or bond, a Person, firm or corporation authorized by a permit pursuant to this chapter
12 may provide self - insurance as authorized under Ark. Code Ann. § 27 -19 -107 (Michie
13 Repl.1994).
14 (f) If a Taxicab Operator does not maintain a commercial auto liability insurance policy
15 as specified in subsection (a) of this section covering each Taxicab permitted under
16 Article III, the Taxicab Operator shall conspicuously display signage on the left and
17 right front doors of the Taxicab with lettering in size that states : "NOTICE:
18 THIS TAXICAB IS ONE OF IN A FLEET FOR WHICH THE
19 PRIMARY INSURANCE IN PLACE IS ONE $ BOND ON FILE WITH
20 THE DEPARTMENT OF FINANCE AND ADMINISTRATION."
21 (1) Taxicab Operators and Drivers shall fully and in good faith answer any questions
22 raised by passengers regarding the signage set forth in subsection (f) of this
23 section.
24 (2) At a Taxi Zone, a passenger may choose not to ride in a Taxicab that does not have
25 liability insurance and may take another Taxicab out of line that does have the
26 required insurance coverage set forth in subsection (a) of this section.
27 SECTION 11. Americans with Disabilities Act.
28 All Persons, firms or corporations permitted to transport passengers pursuant to this
29 chapter shall comply with the provisions of the Americans with Disabilities Act of 1990, and
30 regulations promulgated pursuant thereto. Specifically, but not inclusive, no private entity
31 providing such transportation services shall discriminate against individuals with disabilities
32 by actions including, but not limited to, refusing to provide service to individuals with
33 disabilities who can use a standard passenger vehicle, refusing to assist with the storing of
34 mobility devices and charging higher fares or fees for carrying individuals with disabilities
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1 and their equipment than are charged to other Persons.
2 SECTION 12. Nontransferability.
3 No Independent Taxicab Operator Permit, Fleet Taxicab Operator Permit or Driver's permit
4 granted under this article may be sold, assigned to, transferred, leased or mortgaged without
5 the approval of the Little Rock Board of Directors.
6 SECTION 13. Drivers and Vehicles to be Licensed.
7 Each Driver and vehicle permitted pursuant to this chapter shall be licensed as required by
8 Arkansas law. No Driver under the age of twenty -one (21) shall operate such vehicle.
9 SECTION 14. Unlawful Use.
10 No Person, firm or corporation permitted pursuant to this chapter shall knowingly allow
11 any Taxicab, or other vehicle permitted under this chapter, to be used in the perpetration of a
12 crime or misdemeanor.
13 SECTION 15. Driver Conduct.
14 It shall be unlawful for any Taxicab Driver while on duty to drink any intoxicating liquor
15 or be under the influence of any Controlled Substance, to shout or call to prospective
16 passengers, or to disturb the peace in any way.
17 SECTION 16. Apparel to be Worn by Drivers.
18 Each permit Holder shall have company dress standards for Drivers employed by or
19 contracting with the permit Holder. The Driver shall adhere to the company dress standards.
20 These standards shall be kept on file with the Director and shall include the following:
21 (a) A Driver may not wear:
22 (1) Cut -offs or shorts;
23 (2) Tank tops or balter tops;
24 (3) Outer apparel made of fishnet or undergarment material.
25 (b) Shoes must be worn at all times in the manner for which they were designed. A Driver
26 may not wear shoes or sandals without socks or hosiery and may not wear beach or
27 shower thongs.
28 (c) A Driver and the Driver's clothing shall conform to basic standards of hygiene and
29 shall be neat, clean and sanitary at all times.
30 SECTION 17. ARTICLE III. TAXICABS.
31 SECTION 18. Authority of Director and Administrator; Taxicab Operator Permit -
32 Prerequisites; Taxicab Driver's Permit - Prerequisites; General Prohibition; Grounds
33 for Suspension or Revocation of Permit.
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1 (a) Authority of the Director
2 (1) The Director shall have jurisdiction over the recommendations for granting or
3 denying Taxicab Operator and Driver permits.
4 (2) The City Manager shall promulgate rules and regulations to govern the Taxicab
5 business, which shall deal with, but shall not be limited to, the operation and
6 maintenance of Taxicabs, safety equipment, the keeping of a Manifest, the
7 providing of services, the loading and the unloading of passengers, and the holding
8 of hearings.
9 (b) Taxicab Operator Permit.
10 (1) No Person shall operate a motor vehicle for the purpose of soliciting Passengers -
I 1 For -Hire in the City unless an appropriate permit for the vehicle has been issued.
12 (2) Required. No Person shall operate or permit a Taxicab owned, leased, or
13 controlled by him or her to be operated in the City without having first obtained
14 a Taxicab Operator permit. The Taxicab Operator permit shall be renewable under
15 the provisions of this article.
16 (3) No Person not licensed under this article shall display a sign on a motor vehicle
17 reading "Taxi," "Taxicab," or anything of the same meaning for the purpose of
18 soliciting passengers for hire in the City.
19 (4) Application. No later than fifteen (15) days after receipt of a completed
20 application for a Taxicab Operator permit, the Administrator shall notify the
21 applicant in writing of the date of the hearing on the application, in accordance
22 with Ark. Code Ann. § I4 -57 -307 & 308.
23 (c) General Provisions. Before any Taxicab Operator permit may be issued, the applicant
24 shall satisfy the following conditions:
25 (1) Every Operator shall agree to abide by all laws and regulations now in force or
26 hereafter promulgated relating to the conduct of the Taxicab business in the City.
27 (2) Every Operator shall provide for each Taxicab a communication system to be
28 approved by the Administrator and comply with FCC regulations.
29 (3) Every fleet Operator shall maintain a dispatch system in operation twenty -four (24)
30 hours each day, capable of providing reasonably prompt service in response to
31 requests received by telephone. The dispatch system shall be approved by the
32 Administrator and comply with FCC regulations.
33 (4) An Operator shall be at least twenty-one (2 1) years of age.
34 (5) No Operator shall permit a Taxicab to be operated in the City until the Taxicab has
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1 been inspected and approved by the Administrator. The Administrator is
2 authorized to make spot inspections of such Taxicabs.
3 (6) If any Taxicab operated in the City does not comply with the provisions of this
4 article and established federal, state and local laws, rules and regulations, a hearing
5 will be called by the Administrator to determine if the Taxicab Operator permit
6 should be suspended or revoked. The non - conforming Taxicab will be placed out
7 of service until after such hearing has taken place.
8 (7) Inspections.
9 a. The Operator shall inspect Taxicabs once a week for compliance with all
10 pertinent provisions of this article and rules and regulations promulgated
11 pursuant hereto. The Taxicab Driver shall inspect his or her Taxicab on a daily
12 basis for compliance with all pertinent provisions of this article and rules and
13 regulations promulgated pursuant hereto.
14 b. It shall be the duty of the Administrator to cause to be inspected each and
15 every Taxicab for which a permit has been issued at least once each year, or
16 at any other time that the Administrator deems advisable. Such inspection
17 shall be made to determine that a Taxicab is in a reasonably good state of
18 repair, is clean, and that the vehicle is equipped and is being operated in
19 compliance with all requirements of this Article. Such inspection shall be
20 made at a place designated by the Administrator. The Administrator shall
21 cause the record of such inspection to be reduced to writing and a permanent
22 record made thereof. Such record shall be kept for a period of at least three
23 (3) years.
24 c. If the inspection reveals that any such vehicle is not in a reasonably good
25 operating condition, from the standpoint of the safety, health and comfort of
26 passengers, the Taxicab shall be ordered out of service until such time as
27 remedial repairs and corrections have been made. Such vehicle shall be
28 reinspected to determine whether or not proper repairs and corrections have
29 been made. In no case shall the Taxicab be permitted to resume its operation
30 until such repairs and corrections have been made and an inspection has been
31 conducted.
32 d. Such inspection shall include, but not be limited to, the following items: cab
33 number; date of purchase; foot brakes; emergency brake; head lamps; tail
34 lamps; license plate lights; Top- Light; dome light; hom; windshield wipers;
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1 current state inspection sticker; rearview minor; all glasses; cleanliness;
2 safety; condition of paint; color scheme; inspection stickers; Taximeter seals
3 and readings; Rate Card; signs; fumes; state license plates; speedometer
4 readings; mileage; steering; tires; muffler and tail pipe; accuracy of
5 Taximeter; condition of the body of the vehicle; and fenders.
6 e. Failure to submit a vehicle requested for inspection upon ten (10) days written
7 notice by the Administrator to do so shall be cause for the suspension of the
8 permit assigned to that vehicle for a period of three (3) days for the first
9 offense, fifteen (15) days for the second offense, and revocation upon the third
10 offense. This paragraph is subject to the notice and hearing provisions of
11 Section 18(e) (9) and the appeal provisions of Section 19 of this chapter.
12 f. A Taxicab involved in an accident shall be inspected by the Administrator
13 within thirty (30) days after notification of the accident. If the Administrator's
14 inspection reveals that the Taxicab has been damaged and has failed to be
15 repaired to an extent that it is not in a reasonably good operating condition
16 from the standpoint of the safety, health and comfort of passengers, the
17 Taxicab shall be ordered out of service until the Administrator has authorized
18 the return of the Taxicab to the Taxicab operations, which authorization shall
19 not be given until proper repairs or corrections have been made.
20 (8) Accident Reports. When a Taxicab is involved in an accident or is in a collision
21 with any other vehicle of any kind whatsoever which results in any injury or
22 damage to any Person or property, including the Taxicab, the Driver of the
23 Taxicab, if a Person other than the Permittee, shall report the accident to the
24 Permittee without delay. The Permittee shall also report the accident to the City,
25 upon forms approved by the Administrator, which shall include the following
26 information: The owner of the Taxicab; the Driver's name and his Taxicab Driver's
27 Permit number; the time and location of the accident; the names of Persons
28 claiming Personal or property damage; and the amount of damages claimed.
29 (9) Identification. The Administrator shall allocate a sequence of numbers to each
30 Operator for the purpose of identifying all Taxicabs. From that sequence, an
31 Operator shall allocate a number for each of its Taxicabs. This number shall be at
32 least three (3) inches in height; letters of the Operator name shall be at least one
33 and three quarter (1 3/4) inches in height. Both the number and name of the
34 Operator shall be permanently affixed to the Taxicab in contrasting colors. The
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1 color scheme shall be approved by the Administrator. A list of operating Taxicabs
2 and Taxicabs removed from service shall be forwarded to the Administrator on a
3 quarterly basis.
4 (10) Application and Fees. Application for Taxicab Operator permits shall be filed
5 with the Administrator. The application shall contain information as required and
6 it shall be accompanied by an annual fee of one hundred fifty dollars ($150.00) as
7 a base charge plus an annual fifteen -dollar ($15.00) charge per Taxicab in use.
8 (11) Criteria. At the hearing on the application, such factors as the following shall be
9 taken into consideration.
10 a. Financial responsibility and stability of applicant;
11 b. Moral character of applicant;
12 c. Number of vehicles to be operated;
13 d. Make, model, type and ownership of Taxicab or Taxicabs to be used;
14 e. Color scheme to be used;
15 f. Effect of additional Taxicabs upon traffic congestion, vehicular and pedestrian
16 alike;
17 1. Whether the requirements of public convenience and necessity can be met
18 and complied with only by the issuance of additional permits.
19 2. The resulting effect upon the business of existing permit Holders and
20 upon existing agencies of mass transportation in the City.
21 g. Whether taxes have been paid when due;
22 h. Whether the applicant proposes to own, rent or lease additional Taxicabs to
23 be used in operating such service;
24 i. Total number of Taxicabs in operation;
25 j. Whether the applicant will operate and continue to operate during the time
26 that the Taxicab Operator permit shall remain in effect.
27 (d) Renewal or change in terms of Taxicab Operator permit.
28 (1) No additional Independent Taxicab Operator Permits shall be issued unless there
29 has been a permit constantly in operation since April 1, 1983.
30 (2) Taxicab Operators shall apply for renewal of their permits at least sixty (60) days
31 before expiration of their permits. Permits shall be issued for a period of one (1)
32 year. The City Manager shall send reminder notices for renewal of Taxicab
33 Operator's permits to all permitted Operators ninety (90) days before the expiration
34 of the permit.
35
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.. ,+
• • 769
1 (3) A Holder desiring a change in the terms or conditions of the permit must file with
2 the Administrator at least sixty (60) days before the permit expires a written
3 request stating reasons for the requested changes.
4 (4) If the Administrator determines that a denial of an Operator permit renewal is
5 appropriate, or a material change in the terms or conditions of the permit is
6 required, or if a Holder requests a material change in the terms or conditions of the
7 permit, the Administrator shall submit for consideration to the Board of Directors
8 a written report containing his recommendation with supporting findings of facts.
9 Upon action being taken by the Board of Directors, the Administrator shall issue
10 a formal notice of the action taken by the Board of Directors. In the case of
11 renewal, the Administrator shall incorporate any changes in the terms or conditions
12 of the permit authorized by the Board of Directors.
13 (5) If the permit expires through no fault of the Holder before a ruling on the approval
14 or denial of the renewal, the Holder may continue to operate the Taxicab Service
15 pending a final decision. The Holder shall cease operation of the Taxicab Service
16 immediately upon denial of the request for renewal by the Board of Directors.
17 (e) Taxicab Driver's Permit.
18 (1) Required. No Person shall operate a Taxicab for hire in the City, and no Person
19 who owns or controls a Taxicab shall permit it to be so operated at any time for
20 hire, unless the Driver of said Taxicab shall have first obtained and shall then have
21 in force a Taxicab Driver's Permit issued under the provisions of this chapter.
22 Every Taxicab Driver holding a Taxicab Driver's Permit shall agree to abide by
23 all laws and regulations now in force or hereafter promulgated relating to the
24 conduct of the Taxicab business in the City.
25 (2) Qualifications. No Taxicab Driver's Permit shall be granted unless the applicant
26 has an appropriate and valid driver's license as required pursuant to state law.
27 (3) Application. Any Person desiring a Taxicab Driver's Permit shall, under oath,
28 apply in writing to the Administrator. The form of such application shall be
29 developed by the Administrator and shall include, but not be limited to, the age,
30 name and address of the applicant.
31 a. Photographs. Upon permit renewal or new application, each applicant shall
32 report to the Administrator so that a photograph may be taken. Such
33 photograph shall be filed with the Administrator and shall not be more than
34 thirty (30) days old.
35
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M M M o M M M M M M M M M M M
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b. Fee. A fee of seven dollars ($7.00) shall be paid to the City at the time the
original application is filed.
c. Temporary Permit. Upon receipt of the application materials, the
Administrator shall issue the applicant a temporary Taxicab Driver's Permit,
valid for ten (10) days after date of issuance. This permit shall prominently
display the words, "Temporary Driver's Permit, NOT VALID AFTER
," followed by the expiration date of the permit
and numbers of the same size. The temporary permit shall be posted in the
manner specified below an shall be surrendered if the Taxicab Driver's Permit
is denied.
d. Approval of Application. If the application is approved, the Taxicab Driver's
Permit shall be issued in card form designed by the Administrator. The
photograph of the Driver shall be attached to the card. Each Driver will be
given a Taxicab Driver's Permit number which will be on such permit. This
card shall be posted in a prominent place in the Taxicab as prescribed by the
Administrator and shall be shown to any passenger, police officer, Taxicab
inspector, Airport official, or to the Administrator upon request. Only one (1)
Driver's permit shall be posted in a Taxicab at any time.
e. Acknowledgment of Application. The applicant shall acknowledge with any
application that he understands that the Taxicab Driver's Permit, if granted,
will be for a specific period of time not to exceed two (2) years from the date
of issuance and that no rights or privileges extend past the time designated in
the permit.
1. Except in the case of temporary permits, a Taxicab Driver's Permit will
expire after the two (2) year period.
2. If a Permittee's state driver's license is suspended or revoked by the state,
his Taxicab Driver's Permit automatically becomes void. A Permittee
shall notify the Administrator and the Operator for whom he drives
within three (3) days of a suspension or revocation of his driver's license
by the state and shall immediately surrender his Taxicab Driver's Permit
to the Administrator.
-15-
'770
771
1 f Falsifying of a Taxicab Driver's Permit. No Person, firm or corporation
2 permitted pursuant to this article shall forge, alter or counterfeit a Taxicab
3 Driver's Permit or possess a forged, altered or counterfeited Taxicab Driver's
4 Permit.
5 g. Additional Qualifications. As additional qualifications for obtaining a
6 Taxicab Driver's Permit, the Director shall require each new applicant to:
7 1. Pass an examination given by the department that tests the applicant's
8 knowledge of-
9 (i) Traffic laws;
10 (ii) A Driver's duties under this chapter;
11 (iii) Department regulations; and
12 (iv) The geography of the City.
13 2. Attend a training course once a year which has been approved by the
14 Director that provides instruction in each of the following areas:
15 (i) Taxicab rules and regulations;
16 (ii) Geography of the City and surrounding areas, and use of a map; and
17 (iii) Public relations and communication with citizens.
18 h. Additional Training. When the City Manager has reason to believe that a
19 Taxicab Driver is in need of training in any area covered under this chapter,
20 the Driver may be required to successfully complete an approved training
21 course. The decision to require a training course under this subsection may
22 be appealed in accordance with Section 21 of this article.
23 i. Training Cost. Whenever a new applicant or a Taxicab Driver attends a
24 training course under subsection h. above, the Holder employing or
25 contracting with the applicant or the Driver shall pay to the City the cost of
26 the training course, if costs are incurred by the City.
27 (4) Investigation. The applicant shall contact the Little Rock Police Department,
28 Records Section, for a criminal record check and the Arkansas State Revenue
29 Department for a traffic record. The applicant shall return the criminal record
30 check and traffic record to the Administrator. The Administrator shall develop
31 rules and regulations with respect to the investigation and issuance of a Taxicab
32 Driver's Permit.
33 a. To qualify for a Taxicab Driver's Permit, an applicant shall:
34 1. possess the required state driver's license and not be afflicted with a
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physical or mental disease or disability that is likely to prevent the
applicant from exercising ordinary and reasonable control over a motor
vehicle or that is likely to otherwise endanger the public health or safety;
2. not have been convicted of more than four (4) moving traffic violations
arising out of separate transactions, or involved in more than two (2)
automobile accidents in which it could be reasonably determined that the
applicant was at fault, within any twelve (12) month period during the
preceding thirty -six (36) months;
An applicant shall not have been convicted of any of the following offenses
and has not received a pardon or order of expungement from such conviction:
1. criminal homicide as described in Chapter 10 of the Arkansas Criminal
Code; Ark Code Ann. § 5 -10 -101;
2. kidnaping as described in Chapter 11 of the Arkansas Criminal Code;
Ark. Code Ann. § 5 -11 -101;
3. a sexual offense as described in Chapter 14 of the Arkansas Criminal
Code; Ark. Code Ann. § 5 -14 -101;
4. an assault or battery offense as described in Chapter 13 of the Arkansas
Criminal Code; Ark. Code Ann. § 5 -13 -201;
5. robbery as described in Chapter 12 of the Arkansas Criminal Code; Ark.
Code Ann. § 5 -12 -101; but only if the offense was committed against a
Person with whom the applicant came in contact while engaged in a
passenger transportation service;
6. burglary as described in Chapter 39 of the Arkansas Criminal Code; Ark.
Code Ann. § 5 -39 -101, but only if the offense was committed against a
Person with whom the applicant came in contact while engaged in a
passenger transportation service;
7. theft as described in Chapter 36 of the Arkansas Criminal Code, Ark.
Code Ann. § 5 -36 -101, but only if the offense was committed against a
Person with whom the applicant came in contact while engaged in a
passenger transportation service;
8. fraud as described in Chapter 37 of the Arkansas Criminal Code, Ark.
Code Ann. § 5 -37 -101, but only if the offense was committed against a
Person with whom the applicant came in contact while engaged in a
passenger transportation service;
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r i■r� ® r r r r r r r r �► r �■
0 0 773
1 9. tampering with a governmental record as described in Chapter 54 of the
2 Arkansas Criminal Code, Ark. Code Ann. § 5 -54 -101, but only if the
3 offense was committed against a Person with whom the applicant came
4 in contact while engaged in a passenger transportation service;
5 10. public indecency (prostitution or obscenity) as described in Chapters 68
6 & 70 of the Arkansas Criminal Code, Ark. Code Ann. § 5 -68 -401, and
7 Ark. Code Ann. § 5 -70 -101;
8 11. the transfer, carrying, or possession of a weapon in violation of Chapter
9 73 of the Arkansas Criminal Code, Ark. Code Ann. § 5 -73 -101;
10 12. criminal attempt to commit any of the offenses listed in Subdivision bi.
11 through b11. of this section;
12 c. The offenses listed above shall disqualify an applicant if:
13 1. less than two (2) years have elapsed since the date of conviction if the
14 applicant was convicted of a misdemeanor offense;
15 2. less than five (5) years have elapsed since the date of conviction if the
16 applicant was convicted of a felony offense; or
17 3. less than five (5) years have elapsed since the date of the last conviction
18 if, within any twenty -four (24) month period, the applicant has two (2) or
19 more convictions of any misdemeanor offenses;
20 d. An applicant shall not have been convicted of driving while intoxicated or
21 driving while under the influence of a Controlled Substance:
22 1. within the preceding three (3) years; or
23 2. more than one (1) time within the preceding five (5) years;
24 e. An applicant shall not be addicted to the use of alcohol or narcotics;
25 f. An applicant shall be subject to no outstanding warrants of arrest.
26 (5) Term, renewal. A permit issued under this Section shall be valid for a two -year
27 period commencing on the date of issue, and extending through the twenty -four
28 (24) months past the date of issue. A permit may be renewed by submitting a
29 renewal application and payment of fees prescribed by the Administrator. The
30 Permittee shall comply with all applicable ordinances and regulations of the City.
31 (6) Duplicate Driver's Permit. If a Taxicab Driver's Permit has been lost or
32 destroyed, the payment of two dollars and fifty cents ($2.50) as a replacement fee
33 shall be required, and the Administrator shall issue a duplicate Driver's permit.
34 (7) Penalty for DUI or DWI. Revocation of Taxicab Drivers' Permits shall be for
35
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774
1 three (3) years for the conviction of driving while intoxicated or driving while
2 under the influence of drugs or a Controlled Substance.
3 (8) Use of scanners prohibited; monitoring of other Operators' calls prohibited. The
4 use of scanners and the monitoring of other Operators' calls is hereby prohibited.
5 (9) Emergency suspension; grounds for suspension or revocation of permit. The
6 Director or Administrator have the power to suspend a Taxicab Operator's pernut
7 or a Taxicab Driver's Permit for three days in the case of an emergency, for
8 violation of rules and regulations as developed by the Director or Administrator,
9 for violation of this chapter, for violation of any of the criminal laws set forth in
10 section 18(e)(4)b., or for violation of the laws of the United States. The Director
1 I or Administrator shall hold hearings and make recommendations to the Board of
12 Directors concerning the permanent suspension or revocation of Operators' and
13 Drivers' permits.
14 a. If the Administrator determines that a Permittee has failed to comply with this
15 chapter, a regulation established under this chapter, the criminal laws of the
16 State of Arkansas set forth in section 18(e)(4)b., or the laws of the United
17 States, the Administrator may suspend the Permittee's permit for a period not
18 to exceed three (3) days by serving the Permittee with a written notice of the
19 suspension. The written notice must include the reason for the suspension,
20 date the suspension begins, the duration of the suspension, and a statement
21 informing the Permittee of his right of appeal.
22 b. A suspension under this section may be appealed to the Director if the
23 Permittee requests an appeal in writing at the time the Administrator serves
24 notice of suspension upon the Permittee. The period of suspension begins on
25 the date specified by the Director, or in the case of an appeal pursuant to
26 Section 19 of this chapter, on the date ordered by the appeal hearing officer.
27 c. The Director may order an expedited hearing under this section, to be held as
28 soon as possible after the Permittee requests an appeal. The Director may
29 affirm, reverse, or modify the order of the Administrator. The decision of the
30 Director is final, notwithstanding the appeal provisions of Section 19 of this
31 chapter.
32 d. Except as otherwise stated in this chapter, If the Director determines that a
33 Permittee has failed to comply with this chapter, a regulation established
34 under this chapter, the criminal laws of the State of Arkansas set forth in
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775
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1
section 18(e)(4)b., or the laws of the United States, the Director may suspend
2
the Permittee's permit for a definite period of time not to exceed sixty (60)
3
days.
4
e. The Director shall suspend the Permittee's permit:
5
1. If at any time the Director determines that a Permittee is not qualified
6
under Section 18; or
7
2. By a preponderance of the evidence, the Permittee has caused an
8
accident with injury; or
9
3. By a preponderance of the evidence, the Permittee has driven while
10
intoxicated.
I 1
f. A Permittee whose permit is suspended shall not drive a Taxicab inside the
12
City during the period of suspension.
13
g. The Director shall notify the Driver and the Operator in writing of a
14
suspension under Section 18(e) (9) d. and include in the notice the reason for
15
the suspension, the date the Director orders the suspension to begin, the
16
duration of suspension, and a statement informing the Permittee of a right of
17
appeal.
18
h. The Director, after a hearing, may revoke a Taxicab Operator's or Taxicab
19
Driver's Permit if the Director determines by a preponderance of the evidence
20
that the Permittee:
21
1. operated a Taxicab inside the City during a period in which the Taxicab
22
Operator's or Driver's Permit was suspended;
23
2. made a false statement of a material fact in an application for a Taxicab
24
Operator's or Driver's Permit;
25
3. engaged in conduct that constitutes a ground for suspension under
26
Section 18 e. (9), and received either a suspension in excess of three (3)
27
days or a conviction for violation of this chapter, two (2) times within
28
the twelve (12) month period preceding the occurrence of the conduct;
29
4. engaged in conduct that could reasonably be determined to be detrimental
30
to the public safety;
31
5. failed to comply with a condition of a temporary permit; or
32
6. was convicted of any felony offense while holding a Taxicab Operator's
33
or Driver's Permit.
34
i. A Person whose Taxicab Operator's or Driver's Permit is revoked shall not:
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775
1 1, apply for another Taxicab Operator's or Driver's Permit before the
2 expiration of twelve (12) months from the date the Director revokes the
3 permit or, in the case of an appeal, the date the appeal hearing officer
4 affirms the revocation; or
5 2. drive a Taxicab inside the City limits.
6 j. The Director shall notify the Permittee in writing of a revocation and include
7 in the notice the reason for the revocation, the date the Director orders the
8 revocation, and a statement informing the Permittee of his right of appeal.
9 k. After receipt of notice of suspension, revocation, or denial of permit renewal,
10 the Permittee shall, on the date specified in the notice, surrender his Taxicab
11 Operator's or Driver's Permit to the Director and discontinue operating or
12 driving a Taxicab inside the City.
13 1. Notwithstanding Sections 18(e)(9) c. and h., if the Permittee appeals the
14 suspension or revocation of a permit under this section pursuant to
15 Section 19 of this chapter, the Permittee may continue to drive or operate
16 a Taxicab pending the appeal unless:
17 2. the Taxicab Driver is not in compliance with Section 18 (e)(2) regarding
18 having an appropriate and valid driver's license; or
19 3. the Director determines that continued operation by the Permittee would
20 impose an immediate threat to public safety.
21 SECTION 19. Appeal.
22 (a) A Person may appeal a denial of a Taxicab Driver's Permit application, suspension of
23 a Taxicab Operator's or Driver's Permit, revocation of a Taxicab Operator's or
24 Driver's Permit, or a requirement to take a training course, if he or she requests an
25 appeal in writing delivered to the City Manager not more than ten (10) business days
26 after notice of the Director's action is received.
27 (b) The City Manager shall act as the appeal hearing officer in an appeal hearing under this
28 section. The hearing officer shall give the appealing party an opportunity to present
29 evidence and make argument in his or her behalf. The formal rules of evidence do not
30 apply to an appeal hearing under this section. The hearing officer shall make his ruling
31 on the basis of a preponderance of the evidence presented at the hearing.
32 (c) The hearing officer may affirm, modify, or reverse all or part of the action of the
33 Director being appealed. The decision of the hearing officer is final.
34
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776
• 0
1 SECTION 20. Taxicab Service. 777
2 (a) All Persons engaged in the Taxicab business in the City shall answer all calls received
3 for services inside the corporate limits of the City and respond as soon as they can do
4 so. Any Holder who refuses to accept a call anywhere in the corporate limits of the
5 City at any time the Holder has Taxicabs available, or fails or refuses to provide
6 Taxicab Service for any reason including to accept a more lucrative fare, shall be
7 deemed to have failed to satisfy the public convenience and necessity requirements of
8 the Taxicab Operator permit issued to such Holder and shall be in violation of this
9 chapter. It shall be the responsibility of the Holder to service the airport terminal with
10 the appropriate number of Taxicabs. The Administrator shall investigate all complaints
11 received regarding compliance with this section. After such investigation, if the
12 Administrator determines that any Holder has failed to provide the service set forth
13 herein, the Holder's permit may be suspended or revoked as provided in Section
14 I8(e)(9). Such suspension or revocation may be appealed pursuant to Section 19 of this
15 chapter.
16 (b) Duty to transport passengers by shortest route. Each Driver of a Taxicab in the City
17 shall transport his passengers to definite points designated by the passengers, and he
18 shall take the most direct and shortest route to deliver such passengers safely and
19 expeditiously to their destination.
20 (c) Refusal to discharge passenger at designated place. No Taxicab Driver shall refuse to
21 discharge a passenger at any place designated by the passenger upon the streets of the
22 City, except when the place so designated is at a point not easily accessible by reason
23 of an obstruction, or there are conditions present that render the designated place or
24 access to such designated place unreasonably hazardous.
25 (d) Leaving Taxicab while waiting at depot, airport, hotel or taxi stand. No Taxicab
26 Driver shall leave his Taxicab for any purpose, except in emergencies, while he is
27 waiting at a depot, airport, hotel or taxi stand. A violation of this section shall be cause
28 for suspension of such Driver's Taxicab Driver's Permit for a period of two (2) days for
29 the first offense, fifteen (15) days for the second offense, and for the third offense his
30 permit may be revoked. This paragraph is subject to the notice and hearing provisions
31 of Section 18(e) (9) and the appeal provisions of Section 19 of this chapter. This
32 Section does not prohibit a Driver from assisting passengers in loading or unloading,
33 or from using nearby restroom facilities.
34 (e) Duty to inspect vehicle; procedure when passengers leave articles in Taxicab. Each
35
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1 Taxicab Driver shall inspect his Taxicab before going on duty and after discharging77
2 each passenger to see that the Taxicab is free of trash and debris, and anything that
3 could cause offensive or objectionable odors. After each passenger reaches his
4 destination, the Taxicab Driver shall check the interior of the Taxicab and the trunk to
5 see that no articles have been left in the Taxicab. In the event a passenger should leave
6 any article in the Taxicab, the Taxicab dispatcher shall be notified immediately by the
7 Driver, and the Driver shall immediately return the article to the owner, the company
8 dispatcher, or a company representative, within a reasonable period of time before
9 making another trip.
10 (f) Manifests. Every Taxicab Operator shall make and sign a Manifest setting forth the
11 following information. The Manifest shall contain a record of all trips made by each
12 Taxicab showing the time and place of origin of a call, time the call was dispatched
13 and to what Driver, and when possible, the address of drop off.
14 SECTION 21. Stopping, Parking, and Standing Regulated.
15 (a) When a Taxi Zone is occupied by the full number of Taxicabs authorized for such zone,
16 no Taxicab Driver shall loiter or wait near the Taxi Zone for the purpose of occupying
17 space in such zone. No private vehicle shall, at any time, be permitted to occupy any
18 Taxi Zone. No Taxicab Driver shall park his Taxicab upon any street in any business.
19 district at any place other than a Taxi Zone, except that this provision shall not prevent
20 the Driver of any such Taxicab from temporarily stopping in accordance with other
21 stopping or parking regulations at any place for the purpose of, and while actually
22 engaged in, loading or unloading passengers. No Taxicab shall be placed in or shall
23 occupy a Taxi Zone except for the purpose of being held forth for hire.
24 (b) Taxicabs shall be placed in Taxi Zones only at the rear (approach) end and shall be
25 moved toward, and to the front of, Taxi Zones immediately if space is available or
26 when space becomes available by the departure or movement of preceding Taxicabs.
27 Nothing contained herein shall prohibit a Taxicab Driver from removing his Taxicab
28 from a Taxi Zone regardless of the position or place of the Taxicab in such zone.
29 SECTION 22. Rates of Fare.
30 (a) A Holder or a Taxicab Driver shall not charge a faze for operating a Taxicab in the City
31 except as provided for in this chapter. A Holder may propose a change in the rates of
32 fare by filing the proposal with the Administrator for consideration by the Board of
33 Directors.
34 (b) The Board of Directors shall hold a hearing to consider the proposed change in rates of
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779
1
fare. After the hearing, the Board of Directors may approve, disapprove, or modify the
2
proposed change.
3
(c)
The Board of Directors shall annually review the maximum ceiling meter rates as
4
provided for in this chapter to determine the appropriateness of the rate.
5
SECTION 23. Meter Rates and Additional Charges.
6
(a)
It shall be unlawful for any Person owning, operating, driving or in charge of any
7
Taxicab for hire in the City to drive or operate such Taxicab, or to use or advertise in
8
connection therewith the word "Taxi," "Taxicab," "or "Cab," unless such vehicle is
9
equipped with a Taximeter according to the provisions of this chapter.
10
(b)
Meter rates shall be used exclusively by all Taxicabs, excluding Waiting Time, except
1 I
as provided in subsection (g) of this section. The ceiling rate shall apply to all Taxicabs
12
operating in the City effective January 1, 1991:
13
(1) Exclusive Ride: Ceiling rate. No more than a ceiling rate of:
14
a. Initial meter charge $1.50
15
b. Charge per mile $1.25
16
(2) No more than one dollar and fifty cents ($1.50) per additional Person shall be
17
charged.
18
(3) Waiting Time ceiling rate shall not exceed twenty one dollars ($21.00) per hour.
19
(4) A surcharge of two dollars ($2.00) may be charged to each load for trips
20
originating at the Little Rock National Airport only.
21
(c)
A "special event rate" may be charged to Taxicab passengers traveling to and from
22
events of 5000 or more people. This special event rate shall be a per Person metered
23
rate.
24
(d)
Under the share ride, a maximum of three (3) pickups at different locations shall be
25
permitted; after which all parties must reach their destination before additional pickups
26
can be made.
27
(e)
The meter shall be turned on once the passenger enters the Taxicab and before the trip
28
begins. Passengers shall pay only the fare which appears on the meter. If no fare
29
appears on the meter, the passenger's ride shall be free, except as provided in
30
subsection (g) of this section and excluding Waiting Time.
31
(f)
A Taxicab Operator may make special contractual arrangements with Persons at fares
32
other than those set forth by this article. If the contract is for a period longer than thirty
33
(30) days, the contract shall be in writing and a copy thereof filed with the
34
Administrator. Such contractual arrangements shall be entered into before leaving the
35
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I point of departure.
2 SECTION 24. Display of Rate Sebedule.
3 (a) A Holder shall provide the Driver of each Taxicab operating under its authority a
4 printed card or sticker containing the approved rates of fare. The form and content of
5 the card or sticker are subject to regulation by the Administrator.
6 (b) While operating a Taxicab, the Driver shall prominently display the Rate Card or
7 sticker inside the Taxicab in a manner approved by the Administrator so that it can be
8 easily read by passengers occupying the Taxicab.
9 (c) These signs shall be displayed and shall be identical in all respect to those approved by
10 the Administrator. No signs or other matter shall be affixed to the windshield, windows
11 or other parts of the vehicle except as may be authorized by the Administrator or
12 required by state or federal law.
13 SECTION 25. Fare Collection Procedures.
14 (a) It shall be the duty of the Taxicab Driver to call to the attention of passengers the
15 amount registered on the Taximeter, and the Taximeter shall not be changed to the
16 "vacant" position until after the fare is paid.
17 (b) Upon request by a Person paying a fare, the Driver shall give the Person a legible
18 receipt that indicates the name of the Holder under whom the Taxicab is operated, the
19 Driver's name, Taxicab number, an itemized list of charges, total amount of fare paid
20 and the date of payment.
21 (c) A Holder shall provide each Driver operating a Taxicab under its authority with
22 printed receipt forms adequate for providing the information required in subsection (b)
23 of this section.
24 SECTION 26. Application For Additional Taxicabs; Hearing.
25 The Holder of a valid Taxicab Operator permit operating Taxicabs in the City may file with
26 the Administrator an application for an increase in the number of Taxicabs operated by such
27 Holder in accordance with standards adopted in Section 18(d)(3). The application shall set
28 forth:
29 (a) That the applicant is in compliance with the statutes of the State of Arkansas and the
30 United States, and the ordinances, rules and regulations of the City pertaining to the
31 operation of Taxicabs;
32 (b) The number of Taxicabs operated by the applicant;
33 (c) The number of additional Taxicabs requested by the applicant;
34
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• • 781
1 (d) The facts which constitute public convenience and necessity justifying the additional
2 service.
3 Upon the filing of such application, a hearing regarding the application shall be conducted
4 by the Administrator. All Persons interested in or affected by such application may appear in
5 Person or by representatives at such hearing and introduce evidence and be heard in support
6 of, or in opposition to, such application. The Administrator shall make a recommendation to
7 the Board of Directors regarding the application.
8 SECTION 27. Increase in Number of Taxicabs by Ordinance or Resolution; Judicial
9 Review of Necessity.
10 After a hearing concerning the application for additional Taxicabs, the Board of Directors
11 shall determine whether public convenience and necessity require additional service. If the
12 Board of Directors determine that the public convenience and necessity require additional
13 service, it shall by appropriate ordinance or resolution, authorize the applicant to put into
14 operation additional Taxicabs in any number not to exceed the number requested in the
15 application; provided, however, that no such ordinance shall be adopted with an emergency
16 clause, and additional Taxicabs shall not be placed in service until after ten (10) calendar days
17 from the effective date of such ordinance or resolution to provide for judicial review of the
18 determination of the Board of Directors as to convenience and necessity for the additional
19 service.
20 SECTION 28. ARTICLE IV. TAXIMETERS.
21 SECTION 29. Design And Testing Of Taximeters.
22 (a) The Administrator shall designate and approve the type of Taximeter to be used.
23 (b) A Taximeter shall accurately register in legible figures total miles, paid miles, number
24 of fare units, number of trips, total fares and extra units. Figures denoting each
25 passenger's fare shall be illuminated when the Taximeter is activated.
26 (c) A Taximeter shall be equipped to indicate whether the Taxicab is engaged or vacant.
27 (d) Taximeters shall be installed as approved by the Administrator and shall be placed in
28 the Driver's compartment with the face of such Taximeter upon which the fare is
29 recorded directed toward the passenger compartment, so positioned as to be wholly
30 visible and clearly discernible by a passenger sitting in any of the rear seats. The face
31 of the dial of every Taximeter shall be illuminated so that the figures may be read by
32 any passenger.
33 (e) No Taxicab shall be operated until the Taximeter therein has been first inspected,
34 tested, approved and the seal checked by the Administrator. Said Taximeter shall be
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1 accurate and in conformity with the specifications fixed by the Administrator. Sealing
2 shall be accomplished as follows:
3 (1) The meter mechanism shall be sealed within the case.
4 (2) Driving equipment shall be sealed at the upper end of the meter bracket.
5 (f) No Operator shall permit anyone to drive or operate a Taxicab if the Taximeter has not
6 been duly tested, inspected, sealed and approved as required by this section. It shall be
7 unlawful to change the size of the wheels or tires of any Taxicab, or the gears operating
8 the Taximeter, from one Taxicab to another, unless the Taximeter is again tested,
9 inspected, sealed and approved before being used.
10 (g) Re- inspection. Whenever a Taximeter has been damaged or repaired, or any of the
11 official security seals have been broken, such device shall not thereafter be used until
12 it has been officially examined and re- approved.
13 (h) A Holder shall cause each Taximeter in Taxicabs operating under its authority to be
14 maintained in proper operating condition. Every Taximeter shall be inspected, sealed
15 and certified at installation, at change in rate, and within one (1) year of the last
16 inspection, and otherwise as is required by this chapter. A certificate of inspection shall
17 be issued by a qualified repair service approved by the Administrator. A copy of the
18 Certificate of Inspection shall be forwarded to the Administrator. Upon each inspection,
19 the certificate shall include:
20 (1) The identifying number of the Taximeter;
21 (2) The make, model, serial number and license number of the Taxicab in which the
22 Taximeter is installed;
23 (3) The name of the Taxicab company or association;
24 (4) The date of inspection;
25 (5) A certification that the Taximeter has been inspected and approved as operating
26 within the limits of accuracy specified by the Administrator.
27 (6) The signature of the individual making the certification.
28 (i) The Administrator may order a Taximeter to be tested at any time, and a Holder shall
29 make the Taxicab available for testing when so ordered. The actual cost of such tests
30 and inspections shall be borne by the Holder.
31 SECTION 30. ARTICLE V. SPECIALIZED TRANSPORTATION.
32 SECTION 31. Permit - Required.
33 It shall be unlawful for any Person to operate a Luxury Limousine, Courtesy Vehicle or
34 Special Paratransit Vehicle in the City without a current permit. This permit shall be in
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1 addition to any licenses which may be required by Airport, state and federal laws and
2 regulations.
3 SECTION 32. Permit - Issuance: Fee, Number.
4 (a) Permits shall be issued by the City upon approval after the applicant has filed an
5 application for the permit and has shown that the operation of the Specialized
6 Transportation Service will comply with this article and with all applicable laws,
7 regulations and ordinances.
8 (b) The annual fee for such City permit, except a Courtesy Vehicle permit, shall be
9 payable in advance and shall be one hundred fifty dollars ($150.00) plus twenty -five
10 dollars ($25.00) for each vehicle used in the business. The Permittee shall provide to
11 the Administrator a complete list of vehicles used for its service and shall promptly
12 notify the Administrator of any vehicles added to or removed from service. The fleet
13 size of any Specialized Transportation Service shall be a minimum of two (2) vehicles
14 and shall have a maximum of ten (10) vehicles. No additional vehicles may be added
15 to the fleet of any Specialized Transportation Permit Holder, except Courtesy Vehicle
16 service, without the approval of the Administrator. Specialized Transportation Permit
17 Holders shall submit a written request for additional permits above the maximum. The
18 Little Rock Board of Directors will review each request and either approve or
19 disapprove the request.
20 (c) The annual fee for specialized transportation vehicles receiving no compensation shall
21 be five dollars ($5.00) for each vehicle used. The owner of any specialized
22 transportation vehicle so used shall file with the Administrator at the time of making
23 application for a permit a notarized statement signed by the owner or agent listing the
24 purpose for which the specialized transportation vehicle is to be used.
25 SECTION 33. Use of Scanners Prohibited; Monitoring of Other Operators' Calls
26 Prohibited.
27 The use of scanners and the monitoring of other Operators' calls is hereby prohibited.
28 SECTION 34. Courtesy Vehicle Service.
29 (a) Any Person operating a Courtesy Vehicle pursuant to this article shall be restricted to
30 transporting patrons of a business and such transportation service shall be incidental
31 and complimentary to the Person's primary business endeavor. The Courtesy Vehicle
32 shall be owned or leased by said business and operated exclusively to and from the
33 business's principal location and other commercial and public facilities.
34 (b) At no time shall any Person operating a Courtesy Vehicle collect a fare or other form
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784
1 of compensation from a passenger for transportation services. Courtesy Vehicles shall
2 prominently display in each vehicle a statement clearly indicating transportation of
3 patrons is at no charge. Nothing in this article is intended to preclude voluntary tipping.
4 SECTION 35. Airport Shuttle Service.
5 (a) Any Person operating an Airport Shuttle Service pursuant to this article shall be
6 restricted to transporting passengers exclusively to or from the Little Rock National
7 Airport terminal building and hotels located within the City.
8 (b) An Airport Shuttle Service shall charge a per Person fare rate for trips to and from
9 hotel routes.
10 (c) The Airport Shuttle Service fare structure shall be fixed rates on one (1) of three (3)
11 fixed routes to specific hotels within specific areas, as approved by the City. Rates,
12 schedules and routes shall be posted prominently at the Little Rock National Airport.
13 Rates, schedules and routes shall also be posted at participating hotels or available to
14 passengers upon request. Rates, schedules and routes, and any subsequent changes
15 thereafter, shall be approved and filed with the Administrator.
16 SECTION 36. Luxury Limousine Service.
17 (a) Luxury Limousine service shall mean the business of renting or leasing a Luxury
18 Limousine, as defined in this article, to include the services of a Driver, to a Person,
19 solely upon his or her request, or one acting for or on his or her behalf, to be used by
20 the Person or Persons hiring the vehicle, or under their direction and authority, for the
21 period of time the vehicle is rented or leased. Specifically excluded from this definition
22 are vehicles, and Drivers thereof, provided for use in connection with, attending , or
23 participation in any phase of a funeral or funeral services; Courtesy Vehicles; and all
24 Taxicabs permitted by the City.
25 (b) The Luxury Limousine fare shall be a fee determined on either an hourly, daily, weekly
26 or monthly rental of the vehicle and the service of its Driver, or a combination of rental
27 and mileage charge. Limousine fares shall be approved by the Administrator and may
28 be revised from time to time to permit a fair, just and reasonable return to limousine
29 owners.
30 SECTION 37. Special Paratransit Service.
31 (a) Special Paratransit Service shall mean the business of providing for hire passenger
32 transportation services to special client groups, primarily the elderly and disabled,
33 either through reservation service, subscription service, or contract arrangement. An
34 Operator of such service shall acquire and operate paratransit vehicles as defined in this
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785
1
article. One or more such vehicles meeting the accessibility standards under the ADA
2
shall be maintained in service to ensure ADA equivalent service.
3
(b) Special Paratransit Service Operators may collect a fare based on either mileage or a
4
per passenger flat rate. Special Paratransit Service fares shall be approved by the
5
Administrator and may be revised from time to time to permit a fair, just and
6
reasonable return to the owner. The owner may enter into fixed rate, fixed term
7
contracts negotiated between any third party or parties, provided that such contracts
8
have a term of not less than ninety (90) days. The contract shall be for the provision of
9
transportation on a per passenger flat rate basis and shall be filed with the Administrator
10
as a matter of record.
11
SECTION 38. Vehicle Identification and Markings Prohibition.
12
(a) The City shall issue a sticker for each vehicle covered by this article. The sticker shall
13
be attached to the vehicle, as designated by the Administrator.
14
(b) No vehicle permitted pursuant to this article shall display a sign, light or other markings
15
on a motor vehicle reading "Taxi," "Taxicab," "For Hire" or anything of the same
16
meaning for the purposes of soliciting passengers on any public street.
17
SECTION 39. Solicitation of Passengers.
18
It shall be unlawful for any Person operating under a permit issued pursuant to this article
19
to solicit passengers in or upon any City street, area, building or other facility considered to
20
be open to the general public.
21
SECTION 40. Suspension or Revocation of Permit.
22
The Director and Administrator shall have the authority to suspend or revoke a Specialized
23
Transportation Permit issued pursuant to this article upon written notice to the Permittee. The
24
Director or Administrator shall hold hearings and make recommendations to the Board of
25
Directors concerning suspension or revocation of Specialized Transportation Permits. Such
26
action may be taken for, but shall not be limited to, violation of this chapter, violation of the
27
criminal laws of the State of Arkansas, or violation of the laws of the United States. This
28
paragraph is subject to the appeal provisions contained in Section 41 of this chapter.
29
SECTION 41. Appeal.
30
(a) A Person may appeal a suspension or revocation of a Specialized Transportation
31
Permit if he or she requests an appeal in writing delivered to the City Manager not
32
more than ten (10) business days after notice of the final decision by the Director or
33
Administrator is received.
34
(b) The City manager or his designated representative shall act as the appeal hearing officer
35
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0
1 in an appeal hearing under this section. The hearing officer shall give the appealing
2 party an opportunity to present evidence and make argument in his or her behalf. The
3 formal rules of evidence do not apply to an appeal hearing under this section. The
4 hearing officer shall make his ruling on the basis of a preponderance of the evidence
5 presented at the hearing.
6 (c) The hearing officer may affirm, modify, or reverse all or part of the action of the
7 Director or Administrator being appealed. The decision of the hearing officer is final.
8 SECTION 42. ARTICLE VI. AIRPORT TERMINAL SERVICE.
9 SECTION 43. Control and Jurisdiction.
10 The Little Rock Municipal Airport Commission is hereby granted administrative control and
11 jurisdiction over Airport Terminal Service as defined in this chapter.
12 SECTION 44. ARTICLE VII. PUBLIC TRANSIT SYSTEM.
13 SECTION 45. Control and Jurisdiction.
14 The Central Arkansas Transit Authority (the "Authority ") is hereby granted the sole and
15 exclusive control and jurisdiction over the Public Transit System.
16 SECTION 46. ARTICLE VIII. SPECIALTY TRANSPORTATION.
17 SECTION 47. Control and Jurisdiction.
18 The City Board of Directors may grant by resolution one or more franchises for the
19 operation of Specialty Transportation as defined by this article. Said Specialty Transportation
20 shall operate for the purpose of transporting passengers for hire along a specified route(s);
21 provided, that the duration, terms, rates, conditions and procedures for granting and operating
22 such franchise(s) are clearly stated in the franchise agreement and are fair, reasonable and in
23 the public interest as determined by the City Board of Directors.
24
PASSED: November 18, 1997
25
26 ATTEST: APPROVED:
28
29 ROBBIE HANNCOCK OARILEY
30
31 APPROVED AS TO FORM:
32 v�Gt -A�td. &(.
33 THOMAS M. CARPE TER
34 CITY ATTORNEY
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