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1 ORDINANCE NO. 17,877
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3 AN ORDINANCE TO AMEND LITTLE ROCK,
4 REV.CODE § 34 -38 (8) (1988) TO REQUIRE THAT
5 TAXICAB OPERATORS, AS A PART OF THEIR
6 FRANCHISE REQUIREMENTS, PROVIDE THE CITY
7 WITH INFORMATION ABOUT CLAIMS; DECLARING
8 AN EMERGENCY; AND FOR OTHER PURPOSES.
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10 WHEREAS, the City has adopted a new transportation code that impacts the
11 award of taxicab franchises, but there are still concerns raised to the board that
12 franchisees do not promptly address and settle claims; and
13 WHEREAS, the City does not desire to negatively impact the ability of any
14 business to resolve legitimate disputes with its clientele, but at the same time, does not
15 desire for citizens or visitors to the City to be at the mercy of an entity when negotiating
16 the outcome of a legitimate claim; and
17 WHEREAS, the Board of Directors believes that the best way to discern whether
18 claims for taxicab accidents are being promptly resolved; and
19 WHEREAS, taxicabs claims are different from those of shuttle service providers
20 because state statute limits the ability to set certain insurance requirements on taxicabs.
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
22 OF THE CITY OF LITTLE ROCK, ARKANSAS:
23: SECTION 1. Little Rock, Ark, Rev. Code § 34 -38(8) is hereby amended to read
24 as follows:
25 (A) Accident Reports. When a taxicab is involved in an
26 accident with another vehicle of any kind whatsoever, or with
27 a person, which results in any injury or damage to any
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(Rec. 11- 27 -98.)
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person or property, including the taxicab, the driver of the
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taxicab, if a person other than the permittee, shall report the
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accident to the permittee without delay. The permittee shall
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also report the accident to the city and shall include the
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following information:
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(I) The owner of the taxicab;
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(II) The driver's name and his taxicab driver's permit
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number;
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(III) The date of the accident and a brief description; and,
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(IV) The names of any person the permittee or taxicab
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driver have reason to believe might claim personal or
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property damage as a result of the accident, or, if at
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the time of the report a claim has been made, the
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amount of any claim.
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(B) If the claim is insured or secured by a bond filed in
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accordance with Arkansas Iaw, the report will also provide
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verification that the bond has been increased by an amount
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sufficient to address the claim and maintain the minimum bond
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required by Arkansas law.
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(C) When the claim is ultimately resolved, the permittee shall
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report that the claim has been resolved and, if not prevented from
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doing so by a settlement agreement, any amount paid in resolution
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of the claim.
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(E) Any taxi company that maintains commercial insurance with
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a company licensed and regulated by the Arkansas Insurance
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Department may comply with subsections (A) and (B) by providing
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reports on forms normally used by the insurance company if these
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forms present substantially the same information required by these
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subsections.
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(E) The reports required by this subsection shall be filed as
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follows:
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(I) On January 1, April 1, July 1 and October 1 of each
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year if the permittee utilizes Arkansas law that merely
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requires the posting of a bond;
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(11) On January 1 and July 1 of each year if the permittee
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maintains commercial insurance with a company licensed by
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the Arkansas Insurance Department of less than the amounts
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set forth in subsection (III);
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(II1) On January 1 of each year if the permittee maintains
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commercial insurance with a company licensed by the
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Arkansas Insurance Department of at least $100,000 for
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personal injury with an aggregate per accident of $300,000,
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and $50,000 aggregate per accident for property damage.
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(F) The refusal of the permittee to provide the information
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required by this subsection shall be a basis for the revocation of the
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taxicab franchise.
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SECTION 2. Severability. In the event any title, section,
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subsection, subdivision, paragraph, subparagraph, item, sentence,
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clause, phrase, or word of this ordinance is declared to adjudged to
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be invalid or unconstitutional, such declaration or adjudication shall
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not affect the remaining portions of the ordinance which shall
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remain in full force and effect as if the portion so declared or
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adjudged invalid or unconstitutional was not originally a part of this
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ordinance.
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1 SECTION 3. Emergency. The ability for the Board of Directors to determine if
2 citizens and patrons on Little Rock taxis are being properly and promptly compensated
3 when an accident occurs while the person in riding in a taxi is essential to the protection
d 4 of the public health, safety and welfare, particularly when the City has to determine
5 whether to provide additional taxi cab permits to operators, or to withdraw certain
6 permits from operators. An emergency is therefore declared to exist, and the
7 requirements of this ordinance shall be in full force and effect from and after November
8 1, 1998. The Board of Directors expressly notes that it would require an earlier
9 compliance period, but believes that a delay until the first of November will provide
10 sufficient time for the City and the taxicab operators to have appropriate forms and
11 information in place to assure compliance with the provisions of this ordinance.
12 Passed: November 17, 1998
13 Attest: Approved:
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(aau"_" ' aa"CAck
Robbie Hancock, City Clerk
Approved As To Legal Form:
Thomas M. Carpenter, City AAkorney
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jin ailey, Mayor