815-RICR-50-10-2. Rules Governing Transportation of Passengers via Taxicabs and Limited Public Motor Vehicles (version Periodic Refile, 12/19/2001 to 07/22/2002)

Rules and Regulations Governing the Transportation of Passengers via Taxicabs and Limited Public Motor Vehicles (OLD) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PUBLIC UTILITIES COMMISSION DIVISION OF PUBLIC UTILITIES AND CARRIERS PROVIDENCE, RHODE ISLAND RULES AND REGULATIONS GOVERNING THE TRANSPORTATION OF PASSENGERS VIA TAXICABS AND LIMITED PUBLIC MOTOR VEHICLES EFFECTIVE DATE: FEBRUARY 11, 1996 JAMES J. MALACHOWSKI, ADMINISTRATOR WILLIAM A. MALONEY, ASSOCIATE ADMINISTRATOR MOTOR CARRIER DIVISION TABLE OF CONTENTS A. DEFINITIONS B. RATE CARD/MEMORANDUM CERTIFICATE REQUIREMENTS C. MANIFESTS D. RATES AND CHARGES E. TAXIMETER F. DEFECTIVE TAXIMETER G. RULES REGARDING THE CONDUCT OF BUSINESS H. RULES REGARDING DRIVERS AND THE OPERATION OF CABS I. MISCELLANEOUS RULES J. LEASING K. ANNUAL REPORTING L. COMPLAINTS M. NOTICE N. VIOLATIONS O. EFFECTIVE DATE(S) P. REPEAL OF PRIOR RULES AND REGULATIONS APPENDICES ___________________ A. DEFINITIONS Terms used herein shall be construed as follows unless another meaning is expressed or is clearly apparent from the language or content. ADMINISTRATOR: Means the Administrator of the Division of Public Utilities & Carriers or his duly appointed designee. CAB: Means taxicab or limited public motor vehicle. CERTIFICATE: Means a certificate of public convenience and necessity issued to a common carrier. CERTIFICATE HOLDER: Means any person who has been issued a certificate by the Division. COMMON CARRIER: Means any person who holds himself, herself, or itself out to the general public as engaging in the transportation by motor vehicle of passengers for compensation in a taxicab or in a limited public motor vehicle. DIVISION: Means the Division of Public Utilities and Carriers. DRIVER: Means any person operating a cab. FLEET OWNER: Means a certificate holder who owns and operates more than five taxicabs and/or limited public motor vehicles. LIMITED PUBLIC MOTOR VEHICLE: Means and includes every motor vehicle for hire, other than a jitney as defined in Sec.39-13-1 or a taxicab as defined in Sec.39-14-1, equipped with a taximeter used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger. PERSON: Means and includes any individual, firm, partnership, corporation, company, association, joint stock association or company and his, her or its lessee, trustee, receiver, assignee or personal representative, and, where the context requires, "driver", as herein defined. RATE CARD/MEMORANDUM CERTIFICATE: Means a card issued by the Division which is required to be posted in each vehicle that reflects authorized rates, vehicle information, authorized territory, the taximeter's serial number, certificate information and a telephone number for complaints. TAXICAB: Means and includes every motor vehicle for hire, other than a jitney as defined in R.I.G.L. Sec.39-13-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call-and-demand basis, when the solicitation or acceptance of the passenger occurs within the location named in the certificate; provided, that the vehicle's driver may, if and when solicited on a public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate. TAXIMETER: Means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is mechanically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both. WEIGHTS AND MEASURES: Refers to the Department of Labor, Mercantile Division, Weights and Measures. B. RATE CARD/MEMORANDUM CERTIFICATE REQUIREMENTS All cabs shall be issued a rate card/memorandum certificate, by the Division, which shall be assigned to specific vehicles and shall not be transferred (See Appendix A). At all times during operation of the cab, said rate card/memorandum certificate shall be displayed in a bracket or receptacle of a type approved by the Division and shall be located on the right half of the dashboard as to be visible to any passenger in the cab. The number on the rate card shall correspond to the registration number of the particular cab. All rate card/memorandum certificates shall expire on December 31 of each calendar year. Annual renewals shall be accomplished between October 1 and December 31 of each year. C. MANIFESTS 1. Every driver of every cab shall maintain, in ink, on a form approved by the Division, a manifest of all trips made by the cab while under his or her control. The manifest shall contain, but not be limited to, the following: i. the date, driver's name, cab company and registration number; ii. time and mileage out at beginning of tour duty; iii. time and mileage at the end of tour duty; iv. time and place of origin and time and place of destination of each trip; and v. number of passengers and fare charged for each trip. 2. Fleet operations may, in lieu of a driver's manifest, maintain the information contained in Paragraph 1 within a master log which shall remain at the fleet's business address. 3. Each manifest or master log entry shall be made immediately following completion of the trip. All manifests and master logs shall be kept on file and available for inspection, by the Division, at the certificate holder's business address for a period of one year. Certificate holders are responsible for instructing each driver and other employees regarding proper and complete entries on manifests and master logs. D. RATES AND CHARGES 1. Common carrier rates and charges shall be determined by the Division. A certificate holder must file all rate change requests with the Division. Only after Division approval thereon may actual rate changes go into effect. 2. Every cab shall display, on both sides of the cab, the rates and charges for transport services that have been approved by the Division. Said posting shall display the initial or "drop" charge, the charge for each succeeding increment of a mile, the waiting time per hour and three-mile rate. (See Appendix B) 3. Rates shall also be displayed on the cab's rate card, inside the vehicle. (See Appendix B) E. TAXIMETER REQUIREMENTS 1. Every cab shall be equipped with a functioning taximeter subject to the following terms and conditions: i. All taximeters used in accordance with the rules and regulations stated herein shall be inspected by Weights and Measures each year for proper calibration and function. ii. Once inspected and approved by the Weights and Measures personnel, the taximeter will be officially sealed by the Weights and Measures personnel. No passengers shall be transported without an officially inspected, approved, sealed, and operating taximeter. Any other seals installed by the certificate holder on the taximeter or on an appurtenance or cable thereto shall be of a type clearly distinguishable from State seals. They shall be pressed by the certificate holder in a distinctive manner and painted red. iii. No type of taximeter shall be installed that is incapable of being sealed by Weights and Measures. iv. Taximeters which may be reprogrammed or recalibrated without having to first remove the seal are prohibited. v. No taximeter shall be installed in such a manner that prohibits the visual inspection of the meter and seal. vi. No adjusted, repaired, or recalibrated taximeter or appurtenance of a taximeter shall be installed in a cab unless such adjustment, repair, or recalibration has been officially inspected, approved and sealed by Weights and Measures. vii. A taximeter shall be installed so that the fare numerals can be easily read by a person of normal vision from the rear seat. If the taximeter is "flag operated", the flag, when in the upright (cleared) position, shall be visible to a person standing in front or to the side of the cab. viii. The serial number of the taximeter shall be the same as that shown on the rate card/memorandum certificate assigned to the cab, except where a temporary replacement meter is being used pursuant to these rules and regulations. ix. The Division shall be notified immediately of any change of any taximeter. x. Tire size shall be the same as that for which the taximeter is calibrated, as indicated by the rate card. Tire inflation shall be checked daily. A tire which does not hold the specified pressure over a 24-hour period shall be replaced immediately. xi. Passengers shall not be carried until a cab's taximeter has been tested for accuracy over a measured mile course by Weights and Measures, or its authorized representatives whenever: a. The transmission or differential is altered or replaced; or b. A change is made in any other part of the cab that may affect the meter readings; or c. The Division considers it necessary. xii. A certificate holder shall notify the Division within 24 hours of the time that any of the aforementioned changes are made. F. DEFECTIVE TAXIMETER 1. When a taximeter is not operating correctly, passengers shall not be transported until it has been checked by Weights and Measures or its authorized representatives, and resealed. 2. If the certificate holder replaces the defective taximeter with an approved reserve taximeter (See Rule G(3), below), the reserve taximeter shall be recalibrated and resealed by Weights and Measures within thirty (30) days. The certificate holder shall also notify the Division when a reserve taximeter is put in service. 3. An approved reserve taximeter is one which has been inspected and sealed within a period of not over one year, and has pasted thereon an approval slip signed by Weights and Measures, or its authorized representative. G. RULES REGARDING THE CONDUCT OF BUSINESS 1. A change of business address (as distinguished from the garage address) shall be immediately reported to the Division. 2. A certificate holder shall not have a cab registration transferred to a new or replacement cab without first notifying the Division, and submitting all necessary documents and papers. Bills of sale presented to the Division for new and replacement vehicles must indicate thereon the manufacturer's model name or number and year of manufacture. 3. An attempt by a certificate holder or applicant to conceal the identity of a principal in the business shall be grounds for the denial of an application seeking the issuance of a certificate, or revocation of an existing certificate. 4. All requests for change of corporate officers, stock holders or board of directors for corporations holding operating certificates are subject to Division approval. 5. Each cab shall have a roof light securely mounted to the vehicle roof which is capable of communicating the following messages: i. "Taxi" or "Public" as applicable. ii. The Certificate Number (See Appendix B) 6. Receipts shall be issued upon request of the passenger. 7. Every certificate holder must institute a system of frequent and regular inspections in order to keep equipment in proper repair and sanitary at all times. 8. Cabs to be placed in service shall not be more than six years old, and shall not have greater than 60,000 miles of accumulated prior usage. Once in service, no cab shall be operated for more than six years, or beyond 150,000 miles of accumulated usage. A certificate holder may seek an exception from the Division relative to this requirement. In seeking this exception, the certificate holder shall petition the Division, in writing, and submit the taxicab(s) for inspection by Division personnel. Exceptions to this rule shall be issued in writing by the Division. 9. Cabs shall be maintained in an aesthetically pleasing condition. The Division will place out of service, any cab which is substandard in appearance. 10. Immediately upon withdrawing a vehicle from use as a cab, the certificate holder shall paint out all distinctive insignia or trade, association, company or certificate holder's name, assigned number, and remove the roof light prior to sale, unless the vehicle is to be sold for scrap. 11. No certificate holder will use any other business name than that listed on the certificate. Should a business name be changed, the certificate holder must first, if the business is not a corporation, register the name with the city or town in which the business is located. If a corporation, the business must first register the name with the Secretary of State's Office. After registration, all new business names must be filed with the Division. H. RULES REGARDING DRIVERS AND THE OPERATION OF CABS 1. No person shall operate a cab unless he or she has first acquired a valid Rhode Island Class 1 Chauffeur's License. In the case of an out-of-state chauffeur's license, specific Division approval is necessary. 2. A certificate holder shall not employ as a driver any person whose chauffeur's license is suspended or revoked. 3. The driver of every cab shall have a recent and distinct photograph of himself or herself at least two and one-half inches (2 1/2") wide and four inches (4") high, together with his or her full name and business address, placed in the bracket on the dashboard next to the memorandum card. 4. No person will operate a cab without first having applied for and received approval from the Division. Individuals who request to operate a cab must supply to the Division the following information: i. Name; ii. Date of Birth; iii. Social Security Number; iv. Residence; v. Phone Number; vi. Driver's Licence Number (including type and class); vii. Employer; and viii. A notarized authorization for release of any criminal record which may be on file at any local, state or federal law enforcement agency. The Division shall approve or disapprove all requests for authority to operate a cab within five (5) days after receiving the aforementioned information. If approved, the individual will receive an operating permit from the Division, which shall be carried at all times while operating a cab. 5. No person shall drive or be in physical control of any cab for the purpose of carrying passengers for a period in excess of 12 hours in any 24-hour period, unless the driving time is broken by a period of eight full hours of rest. No person shall drive a cab for any period of time which, added to the period of time he has driven any vehicle other than a cab, totals more than 12 hours in any 24-hour period, unless the driving time is broken by a period of eight full hours of rest. No certificate holder or his agent shall knowingly permit any cab to be driven in violation of this paragraph. 6. No cab shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his control over the cab. No cab shall carry more adult passengers than the manufacturer's designed capacity of the vehicle. 7. Nothing shall be transported in any cab that will cause the interior of such cab to become soiled or offensive to passengers because of odor or appearance. 8. All cabs are required to have hubcaps or wheel covers on all four wheels. 9. Any individual who drives a cab, including the certificate holder, must report any criminal conviction or traffic violation to the Division within seven (7) days of the occurrence. Failure to do so will be sufficient grounds for revocating the certificate holder's certificate, or the driver's operating permit. 10. No person driving a cab shall have in his or her possession a lighted cigarette, cigar, or pipe while any passenger is being carried therein. 11. Cab drivers shall not refuse a fare unless the driver fears for his or her personal safety. 12. All cab drivers shall be dressed in a neat, clean, professional manner. I. MISCELLANEOUS RULES 1. A certificate holder shall make suitable arrangements for bringing to the attention of drivers and other employees all appropriate rules and amendments thereto, and any other orders and notices from the Division. A copy of these rules shall be kept at the garage of record for the information of drivers and other employees. 2. Accidents resulting in loss of life or property damage exceeding one hundred thousand dollars ($100,000) must be reported to the Division within ten (10) days from the date of the accident. 3. No taxicab shall be placed upon or occupy any taxicab stand except for the purpose of being held forth for hire. Taxicabs shall be placed on stands only from the rear (where applicable) and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs. When a taxicab stand is occupied to its full capacity, no taxicab shall loiter or wait nearby for the purpose of occupying space on such stand. The driver of every taxicab occupying a stand shall stay within close proximity to his vehicle at all times. 4. No certificate holder shall utilize in any cab, or have at a dispatch center, any device to monitor or scan any radio frequency other than the frequency assigned to the certificate holder's cabs or dispatch center by the Federal Communications Commission. J. LEASING 1. A certificate holder may lease a cab to another person. The lease shall relate to the actual cab only (the vehicle itself) and shall in no way extend to the authority conferred through the certificate. Under the lease agreement, the certificate holder shall remain bound by all of these rules in the same manner as if the certificate holder was still operating the cab(s) being leased. 2. Parties to a lease must file with the Division a Leasing Disclosure Statement on a form which will be provided by the Division and which will indicate the names and addresses of the certificate holder and the lessee, the certificate number and license plate of the leased cab, date of execution of the lease, the applicable term of the lease, including any and all charges, the responsibility for maintenance, the name of the insurance carrier providing statutory liability coverage, and the amount of any required security deposit. In the event a security deposit is required, the certificate holder shall deposit same in an interest-bearing account in a bank or credit union within the State of Rhode Island and shall indicate on the Leasing Disclosure Statement the name and address of the bank or credit union in which such security has been deposited, and the applicable account number. 3. Interest on such security deposit shall accrue to the benefit of the lessee furnishing the security. 4. Notwithstanding the foregoing, fleet owners who engage in leasing pursuant to a union contract, shall file a copy of such contract with the Division in lieu of Leasing Disclosure Statements. 5. All Leasing Disclosure Statements shall be filed with the Division and shall be signed by both the certificate holder and the lessee. No lease agreement shall become effective until the corresponding Leasing Disclosure Statement has been filed and approved by the Division. The Division shall approve or disapprove the proposed lease agreement within ten (10) days after the Leasing Disclosure Statement has been filed. K. ANNUAL REPORTING 1. All certificate holders shall file with the Division, on or before April 15 of each calendar year, an annual report, on forms furnished by the Division. 2. Along with the filing of annual reports as required, certificate holders will supply the following each year on or before April 15: 1. Certification from the Secretary of State's Office on corporate status (if applicable); 2. Proof of financial responsibility; and 3. Information on currently registered vehicles operating as cabs. L. COMPLAINTS 1. Any person may file a complaint with the Division regarding a violation of these rules and regulations. Complaints shall be in writing and shall be signed by the complainant stating the complainant's address and telephone number and either mailed or hand-delivered to the Division of Public Utilities and Carriers, 100 Orange Street, Providence, Rhode Island 02903. 2. If the Division determines that the complaint alleges facts which constitute a violation of these rules and regulations, the Division shall notify in writing the particular driver and/or certificate holder of the nature of the complaint. An answer must be filed by the driver and/or certificate holder with the Division within ten (10) days following the date of notice of the complaint. Upon receiving such answer(s), the Division shall notify the complainant of the contents or nature of the answer(s) and shall take whatever action deemed appropriate to resolve the complaint. 3. If the Division determines that the facts as alleged in any complaint are clearly not in violation of these rules and regulations, the complainant shall be so notified and no further action will be taken. 4. However, when the Division finds that a satisfactory response is not made to the notification of a complaint, or when no response is made to a complaint, or when the facts clearly warrant, a hearing shall be conducted by the Division concerning the complaint. The Division shall send written notice to all parties in a manner consistent with Section M of these rules and regulations. 5. Failure of the certificate holder and/or driver to appear before the Division for a scheduled hearing may result in a possible suspension or revocation of the certificate and/or the driver's operating permit. Failure of the complainant to appear for a scheduled hearing may result in dismissal of the complaint. M. NOTICE 1. Notice Required. The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates. After commencement, a hearing may be adjourned to a subsequent day upon oral notice to all interested parties. 2. Form of Notice. Notice shall be by first class mail or personal service unless otherwise specified by the Division. Nothing, herein, however, shall limit the power of the Division to order notice by other means, including but not limited to notice by publication. 3. Address. Unless notice to the contrary has been received by the Division, notices shall be sufficient if mailed or delivered to the following: 1. If the addressee is a holder of certificate, permit or license, the address shown on the last application for the issuance or amendment thereof. 2. If the addressee has tariffs on file, to the address shown on any tariff in effect at the time of notice. 3. If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney. 4. The latest change of address notice on file with the Division. N. VIOLATIONS Any person or persons who shall violate any provision of these rules and regulations adopted in accordance with Title 39, Chapter 14, Section 2 of the General Laws of Rhode Island, as amended, and the Administrative Procedures Act, shall be subject to the penalties provided under Title 39 of the General Laws of Rhode Island, which include certificate suspension or revocation, and/or criminal sanctions. O. EFFECTIVE DATE(S) For the newly promulgated rules and regulation contained herein, each certificate holder (and driver where applicable) shall be afforded forty-five (45) days to comply. As it relates to the age requirements for cabs contained herein, a two-year compliance period will be afforded; for fleet owners, a five-year compliance period will apply. P. REPEAL OF PRIOR RULES AND REGULATIONS All prior rules and regulations governing the transportation of passengers via taxicab or limited public motor vehicles are hereby repealed and superseded by the rules and regulations adopted herein. APPENDIX A THIS IS CAB NO. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DIVISION OF PUBLIC UTILITIES AND CARRIERS 100 ORANGE STREET PROVIDENCE, RHODE ISLAND RATE CARD/MEMORANDUM CERTIFICATE 1. This cab is operated under Certificate No. standing in the name of doing business as 2. The authorized rates for this cab are as follows: $__________for the first 1/ mile (drop charge). $__________for each succeeding 1/ mile. $__________per hour for waiting time. 3. This cab is only authorized for fares in the following location(s): 4. Taxi Meter Serial No.: 5. For complaints call: 277-3500. By: ADMINISTRATOR APPENDIX B MARKING SPECIFICATIONS FOR CABS INSCRIPTION LOCATION SIZE 1. Rate of fare Front or Rear Quarter Minimum Requirements: (required). each side of cab. (Decal permitted; (Use flat vertical Numbers, 2 3/4" non-detachable surface only.) Capital Letters, 1" only.) Small letters 1/2" minimum (Total area of rectangle not less than 72 square inches.) 2. Actual Certificate On doors, front or rear Minimum Requirements: Name and quarter, not bearing the Business Address rate of fare, not more 2" high. Letters 1/4" than 6" below window. Avoid overcrowding; unless greater distance use full width needed to reach a flat, of door panel or two reasonably vertical lines of lettering, surface. Must be at if necessary. least 4" from any other inscription. (Avoid placing name on an extreme curve; use flat, vertical surfaces, only.) 3. "TAXI" or Front of roof light Minimum Requirements: "PUBLIC" as appropriate 2 3/4" high letters, (required). 1/2 inch thick. 4. Certificate Rear of roof light Minimum Requirements: number (required). 2 3/4" high letters, 1/2" thick.