Chapter 7.36
GENERAL OPERATING CONDITIONS FOR PERMITTEES AND LICENSEES Revised 7/18
Sections:
7.36.010 Taxicab and SSV markings. Revised 7/18
7.36.020 Vehicle inspections. Revised 7/18
7.36.060 Single use of a taxicab.
7.36.070 Permit required. Revised 7/18
7.36.080 Posting of chauffeur’s license.
7.36.090 Maximum number of hours per day.
7.36.100 Duty to serve public.
7.36.110 Alcoholic beverages and controlled substances.
7.36.120 Alcoholic beverages and controlled substances – Passengers.
7.36.150 Two-way radio prohibited.
7.36.190 Smoking pollution control.
7.36.200 Seatbelts and limitation on number of passengers.
7.36.210 Reporting of traffic or vehicular accidents.
7.36.010 Taxicab and SSV markings. Revised 7/18
A. Every taxicab and SSV shall bear the trade name under which it operates on each side of the vehicle with permanent letters not less than four inches high.
B. Every taxicab and SSV shall bear its vehicle number, as assigned to it by the executive director, on all sides of the taxicab or SSV with permanent letters not less than four inches high.
C. Every taxicab and SSV shall display a permit flag issued by the city of Utqiaġvik to each taxicab and SSV authorized to operate under permits issued in accordance with Section 7.08.010. The permit flag shall be displayed whenever the taxicab or SSV is in service. Failure to display the permit flag when the taxicab or SSV is in service may result in imposition of a penalty in accordance with Section 7.16.020, or suspension or revocation of a permit in accordance with Section 7.16.010(D).
D. Except as otherwise provided by law, no taxicab or SSV may be used or sold for any purpose other than for use as a taxicab or SSV until all signs, insignia, lights or other markings have been removed or an “out of service” sign is posted on the taxicab or SSV in the form and manner designated by the executive director.
E. Notwithstanding any other provisions of this section, a taxicab may be used for shared ride service in accordance with this title as long as the taxicab is clearly marked on both exterior sides in the manner prescribed by the executive director. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.020 Vehicle inspections. Revised 7/18
A. At least twice each year all taxicabs and SSVs shall be inspected. The taxicab owner shall be responsible for paying for vehicle inspections done by a certified mechanic approved by the mayor and provide proof of inspection by the mechanic and submitted to the executive director. No vehicle may be operated until it has been inspected and found to be in a safe and clean condition and in compliance with all applicable laws.
B. The owner of a damaged vehicle shall notify the executive director of the damage sustained not later than five p.m. of the next municipal workday and arrange for an inspection of the vehicle. No person may operate a vehicle as a taxicab or SSV unless such vehicle is in a safe, clean condition and in compliance with all applicable laws.
C. The executive director may require a taxicab or SSV to be parked until such time as it has been inspected if he or she has reason to believe that the vehicle poses a threat to the safety of person or property. (Ord. 03-2016 §4; Ord. 03-2009 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.030 Vehicle equipment.
A. Every vehicle shall be equipped at all times with an interior light of not less than two candle-power arranged as to illuminate the entire passenger compartment. The light shall be illuminated whenever passengers are being loaded or unloaded from the vehicle between one-half hour after sunset of one day and one-half hour before sunrise the next day. No shade or blinds shall be drawn over any windows of the vehicle while occupied with a passenger.
B. Every vehicle shall be equipped with a nonflashing light on the exterior of the roof of a type approved by the executive director. The light shall be illuminated when the vehicle is in operation. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.040 Insurance required.
A. Before any permit is issued for a taxicab, the applicant shall furnish one or more policies or certificates of liability insurance issued by an insurance company authorized to do business in the state of Alaska.
B. The insurance required by this section for each vehicle operated under the permit shall provide coverage as follows:
1. Combined single limit for all body injury or property damage arising from one accident: three hundred thousand dollars; and
2. For all persons injured or killed in any one accident caused by an uninsured motorist: one hundred thousand dollars.
C. The policy or policies of liability insurance shall be approved as to substance and form by the executive director and filed with him or her.
D. Every insurance policy or certificate shall contain a clause obligating the insurer or surety to give the executive director written notice not less than thirty days before the cancellation, expiration, nonrenewal, lapse or other termination of such insurance. A lapse, cancellation, expiration, nonrenewal or termination of insurance coverage shall work an automatic suspension of any permit for as long as the permittee is without insurance as required by this section, and it is a violation of this chapter to operate a vehicle not insured as required by this section. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.050 Permittee records.
A. Every permittee shall, for each vehicle operated pursuant to his or her permit, maintain a current and accurate daily list of:
1. The name, address, telephone number, license number and expiration date for each chauffeur operating such vehicle;
2. The dates of hire and termination for each chauffeur operating such vehicle;
3. The daily hours worked by each chauffeur operating such vehicle;
4. The number of daily hours each such vehicle is operated during each calendar month; and
5. For taxicabs, the time and place of passenger pickup and delivery, the number of passengers, the amount of fare received, time of the call for service and the name and license number of the chauffeur responding to that call. This information shall be provided for taxicabs on that document commonly known as a “trip sheet.”
B. A permittee may designate an agent to provide the records required by this section as long as such agent:
1. Is a resident of Alaska; and
2. The permittee executes a notarized agreement establishing the agency relationship. The agreement shall be on a form provided by the executive director and shall be filed with the executive director.
C. The records maintained pursuant to subsection A of this section as well as any other records related to the operation of the permit shall be retained by the permittee for at least two years and shall be made available upon request of the commission, the executive director or a police officer. The permittee shall forward the records to the executive director on a weekly basis. (Ord. 2005-05 §2(part): Ord. 2001-14 §6(part): Ord. 99-05 §3(part))
7.36.060 Single use of a taxicab.
A. A particular taxicab described on a taxicab permit may be used for either shared ride or exclusive taxicab service as long as only one of those services is offered by that taxicab at any one time.
B. Except as provided in subsection A of this section, a particular taxicab or SSV may be described on only one permit issued pursuant to this title. It is unlawful to use that vehicle for any other taxicab or SSV service regulated by this title other than the service which is authorized by that permit. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.070 Permit required. Revised 7/18
It is unlawful for any person to offer a taxicab or SSV for commercial or other service in any manner, except as authorized by a permit issued by the Utqiaġvik taxicab commission pursuant to this title. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.080 Posting of chauffeur’s license.
The chauffeur’s license for the operator of a taxicab or SSV shall be posted in the interior of the taxicab or SSV in the manner designated by the executive director. No person may operate a taxicab or SSV unless his or her chauffeur’s license is posted. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.090 Maximum number of hours per day.
No chauffeur may operate a taxicab or SSV or perform any other gainful occupation, driving or otherwise, for more than twelve hours in any twenty-four-hour period. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.100 Duty to serve public.
No chauffeur may refuse or neglect to convey any orderly person or persons upon request, if the proper fee is tendered to the chauffeur by such person or persons prior to transport to the desired destination, unless the chauffeur is then engaged or would violate this title by conveying such person or persons. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.110 Alcoholic beverages and controlled substances.
No chauffeur may drink alcoholic beverages or be under the influence of a depressant, hallucinogenic, stimulant or narcotic drug, or any controlled substance as defined by AS 28.35.030 while on duty or for three hours prior to operating a taxicab or SSV. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.120 Alcoholic beverages and controlled substances – Passengers.
A. No chauffeur may operate a taxicab or SSV for hire when there is an open container of alcoholic beverage in the vehicle. For the purpose of this section, “open” means that the seal around the lid, cap or cork of the container has been broken, or that the lid, cap or cork has been removed.
B. No chauffeur may purchase nor solicit the purchase of an alcoholic beverage for another person in connection with performance of his or her duties as a chauffeur.
C. No chauffeur may operate a taxicab for hire when any passenger is using a depressant, hallucinogenic, stimulant or narcotic drug, or any controlled substance as defined by AS 28.35.030. (Ord. 2005-05 §2(part): Ord. 2002-02 §9: Ord. 99-05 §3(part))
7.36.130 Most direct route.
Every chauffeur of a taxicab shall follow the most direct route to the passenger’s destination, unless otherwise directed by the passenger or unless no direct route is required in connection with shared ride taxi service according to zones established by the executive director. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.140 Fares and receipts.
A. All fares charged for service shall comply with the requirements of Section 7.04.050.
B. On request of any passenger paying a fare, a chauffeur shall provide a receipt indicating the fare received, the date, place of pickup, destination, permit number, dispatch company and the chauffeur’s legibly printed name.
C. Whenever a chauffeur operates a taxicab for shared ride service, he or she shall conspicuously display the approved rates for that service in a manner prescribed by the executive director. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.150 Two-way radio prohibited.
No chauffeur may possess in a taxicab or allow another to operate a device capable of monitoring the frequency used by a dispatch service other than that used by the taxicab’s dispatch service. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.36.160 Chauffeur records.
A. At all times a taxicab chauffeur shall carry in the taxicab a trip sheet in a form approved by the executive director. Immediately after a taxicab chauffeur goes on duty, he or she shall enter the following information at the top of a trip sheet:
1. Chauffeur’s name and license number, taxicab number and date of report; and
2. Times between which the chauffeur is scheduled to operate the taxicab on the day the trip sheet is prepared.
B. Immediately after the passenger(s) who has requested service is in the taxicab, a chauffeur shall enter on a trip sheet the time and place of passenger pick up and the number of passengers transported.
C. Immediately after a taxicab chauffeur has discharged a passenger from the taxicab, a chauffeur shall enter on a trip sheet the destination and the amount of the fare received or that no fare was received.
D. A taxicab chauffeur shall retain all trip sheets prepared pursuant to this section for not less than ninety days. A chauffeur shall produce any or all of his or her trip sheets upon request of the commission, the executive director, or a police officer. The taxicab chauffeur shall forward the records to the executive director on a weekly basis and the chauffeur shall do so. (Ord. 2005-05 §2(part): Ord. 2001-14 §6(part): Ord. 99-05 §3(part))
7.36.170 Passenger service.
A chauffeur may not allow anyone other than a passenger who has hired the taxicab to ride in his or her vehicle while the vehicle is in service, other than the person who holds the permit for operation of the chauffeur’s taxicab, or another employee of the person who holds the permit for operation of the chauffeur’s vehicle who is in training to become a chauffeur. (Ord. 2005-05 §2(part): Ord. 2001-14 §7))
7.36.180 Charter service.
A. A taxicab chauffeur may provide charter service to a passenger or passengers if providing the charter service does not violate other sections of this title and, except as provided in subsection B of this section, the passenger or passengers are sixteen years of age or older.
B. A taxicab chauffeur may provide charter services as provided in subsection A of this section to passengers younger than sixteen years of age, if:
1. The passenger is accompanied by his or her parent or guardian;
2. The passenger is accompanied by his or her teacher, coach or other person placed in charge of the passenger by the passenger’s parent or guardian and the parent or guardian has personally appeared before the chauffeur or permittee and indicated that the person is in charge, and responsible for the passenger;
3. The charter service for the passenger is requested by the passenger’s parent or guardian; or
4. The passenger is exercising free speech, protest or other rights protected by the First Amendment of the United States Constitution. (Ord. 2005-05 §2(part): Ord. 2002-02 §10(part); Ord. 2002-05 §2)
7.36.190 Smoking pollution control.
Chauffeurs and permittees must refrain from and prohibit smoking in taxicabs and SSVs, prominently display no-smoking signs inside all taxicabs and SSVs, and comply with all other provisions of Chapter 8.17 (Smoking Pollution Control). (Ord. 2005-05 §2(part): Ord. 2002-02 §10(part))
7.36.200 Seatbelts and limitation on number of passengers.
Taxicabs and SSVs shall comply with the provisions of AS 28.05.095 regarding the use of seatbelts and child safety restraints. (Ord. 2005-05 §2(part): Ord. 2002-02 §10(part))
7.36.210 Reporting of traffic or vehicular accidents.
Every chauffeur shall report any traffic or vehicular accidents and/or passenger injuries to the commission on a form developed by the commission for such reports. Such reports shall be provided to the commission within forty-eight hours of each such accident and/or injury. (Ord. 04-2012 §6)