DRAFT FOR DISCUSSION
WASHINGTON REGIONAL TAXICAB REGULATORS REGIONAL TAXICAB RECIPROCITY AGREEMENT
This agreement is made between and among the undersigned jurisdictions and authorities
(Parties).
WHEREAS, the Parties have determined that the public in the metropolitan Washington area would be better served if they were allowed to be picked up by the taxicab company or taxicab driver of their choice anywhere in the area, even outside the taxicab company’s or taxicab driver’s licensing jurisdiction, for a return trip to the jurisdiction in which the taxicab company or taxicab driver is licensed, provided that the trip was arranged in advance; and
WHEREAS, the Parties each are authorized to regulate and do regulate the provision of taxicab services in the metropolitan Washington area in some fashion;
WHEREAS, the City Council of the City of Alexandria ("Alexandria Council") regulates the provision of taxicab service within the City of Alexandria, Virginia ("Alexandria"),
WHEREAS ,the Annapolis Department of Transportation, Taxi Licensing and
Inspections Department regulates the provision of taxicab service within City of
Annapolis, Maryland (“Annapolis”),
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 1 of 11 DRAFT FOR DISCUSSION
WHEREAS the Department of Inspections and Permits regulates the provision of taxicab service within the County of Anne Arundel, Maryland (“Anne Arundel”),
WHEREAS the County Board of Arlington County ("Arlington Board") regulates the provision of taxicab service within Arlington County, Virginia ("Arlington"),
WHEREAS, the District of Columbia Taxicab Commission regulates the provision of taxicab service within the District of Columbia (“District”),
WHEREAS the Board of Supervisors of Fairfax County ("Fairfax Board") regulates the provision of taxicab service within Fairfax County, Virginia ("Fairfax"),
WHEREAS, the Falls Church Police Department regulates the provision of taxicab service within the County of Falls Church, Virginia (“Falls Church”),
WHEREAS, the Department of Public Works and Transportation, Division of Transit
Services regulates the provision of taxicab service within Montgomery County, Maryland
(“Montgomery”),
WHEREAS the Public Service Commission regulates the provision of taxicab service within Prince George’s County, Maryland (“Prince George’s”),
WHEREAS. the Board of County Supervisors of Prince William County ("Prince
William Board") regulates the provision of taxicab service within Prince William County,
Maryland ("Prince William"); and
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 2 of 11 DRAFT FOR DISCUSSION
WHEREAS , the Public Service Commission regulates the provision of taxicab service within Baltimore, Maryland (“Baltimore”); and
WHEREAS, the aforementioned taxicab regulators desire to enter into this reciprocity agreement, dated as of ______, 2007, whereby taxicab drivers licensed by one party may enter into a locality governed by another party to pick up passengers on a prearranged basis for a return trip to the locality in which the taxicab driver is licensed.
NOW, THEREFORE, in consideration of the foregoing and in further consideration of the undertakings set forth below, the Parties aforementioned taxicab regulators hereby agree as followsto take the steps necessary to allow taxicabs licensed in one Party’s jurisdiction to pick up passengers in another Party’s jurisdiction by pre-arrangement provided that taxicabs from the second jurisdiction are also extended the same privilege in the first jurisdiction according to the following terms:
:
ARTICLE I: DEFINITIONS
1. The term "licensed taxicab driver" shall mean a person licensed to drive taxicabs by a party which has signed this agreement.
2. The term "licensing authority" shall mean the aforementioned taxicab regulators with respect to taxicab drivers licensed by each such regulator.
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 3 of 11 DRAFT FOR DISCUSSION
3. The term "loitering" shall mean the failure of a licensed taxicab driver, while operating a vehicle in service in a locality other than the locality in which a taxicab driver is licensed, to proceed directly to service a trip permitted under this agreement or
Immediately return to the locality in which the taxicab driver is licensed.
4. The term "prearranged" shall mean either arranged (a) before a licensed taxicab driver's entry into another locality, (b) arranged by company dispatch from the locality in which a licensed taxicab driver is licensed while the licensed taxicab driver is in the process of transporting a passenger, or (c) arranged by company dispatch from the locality in which a licensed taxicab driver is licensed while the licensed taxicab driver is in the process of returning to its own locality, without loitering, after transporting a passenger.
5. The term "locality" shall mean Alexandria, Annapolis, Anne Arundel, Arlington, the
District, Fairfax, Falls Church, Montgomery, Prince George’s, Prince William, and
Baltimore.
6. The tern "solicitation" shall mean any effort made to obtain a passenger by means other than those permitted by this agreement.
ARTICLE II: PERMITTED CONDUCT
1. 1. A licensed taxicab driver licensed by any Party may pick up passengers in the jurisdiction of any other Party locality for transportation to the locality jurisdiction in
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 4 of 11 DRAFT FOR DISCUSSION which the driver is licensed if the trip is pre-arranged in accordance with the terms of this
Agreement. The term "pre-arranged" shall mean (a) arranged before a taxicab driver's entry into a jurisdiction other than the one in which he or she is licensed, (b) arranged by the taxicab company dispatch from the jurisdiction in which the taxicab driver is licensed while the taxicab driver is in the process of transporting a passenger, or (c) arranged by the taxicab company dispatch from the jurisdiction in which the taxicab driver is licensed while the licensed taxicab driver is directly returning to his or her licensing jurisdiction , without loitering, after transporting a passenger into the foreign jurisdiction .
2. A licensed taxicab driver shall observe the terms of this Agreement, as well as When picking up a passenger by pre-arrangement in a foreign jurisdiction, taxicab drivers shall observe the rates, rules and regulations promulgated by the driver's licensing authority jurisdiction and the Washington Metropolitan Area Transit Authority when a trip covered by this agreement.
ARTICLE III: PROHIBITED CONDUCT
1. A licensed taxicab driver may not engage in solicit passengers ation in any particular localityjurisdiction other than the one in which he or she is licensed, unless solicitation by taxicab drivers from outside such locality is expressly permitted by the licensing authority of such locality.
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 5 of 11 DRAFT FOR DISCUSSION
The tern "solicitation" shall mean to solicit persons to hire a vehicle, directly or indirectly, personally or in concert with another.
2. A licensed taxicab driver may not engage in loitering in any particular localityjurisdiction other than the one in which he or she is licensed, unless it is permitted by the law of the other jurisdiction. . The term "loitering" shall mean the failure of a driver, while operating a taxicab in service in a jurisdiction other than the jurisdiction in which the driver is licensed, to immediately return to the locality in which the driver is licensed or to proceed directly to service a trip permitted under this Agreement.
loitering by taxicab drivers from outside such locality is expressly permitted by the licensing authority of such locality.
3. A licensed taxicab driver may not charge a rate or fare for a trip covered by this agreement except as permitted by this agreement.
ARTICLE IVII: RECORD KEEPING
1. A licensed taxicab driver shall enter on the manifest that he or she is required to maintain by his or her licensing authorityjurisdiction, a record of trips to pick up passengers outside his or her licensing jurisdiction conducted under as provided by this aAgreement. The manifest shall contain, at a minimum, the following information:
a. Name or and Phone Number -+of Passenger
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 6 of 11 DRAFT FOR DISCUSSION
b. Address of Origin (Pick-up point)
c. Address of Destination
d. Requested Time of Pick-up
e. Time of Trip Completion
f. Amount of Fare
2. Items a-d must be completed when the driver agrees to serve the prearranged trip and specifically either before the licensed taxicab driver enters another locality, or as soon as practicably possible after when notice the driver is informed by his or her company dispatcher of the fare is received while such the driver is in the process of transporting another passenger to a destination in another localityjurisdiction.
3. The daily manifest required by this aAgreement shall be maintained in the licensed taxicab driver's vehicle during his the driver’s tour of duty and .
4. Information on each trip performed under this agreement shall be retained for at least the longer period of three months or the period required by such licensed taxicab driver's licensing authority.
54. A licensed taxicab driver shall produce the current day's manifest required to be maintained by this aAgreementrticle III upon demand by any police officer, or hack inspector, or other law enforcement official or person authorized to enforce taxicab regulations [?],of any from a locality covered by this agreementParty.
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 7 of 11 DRAFT FOR DISCUSSION
ARTICLE IV: ENFORCEMENT
1. Solicitation and Loitering
a.) The offenses of solicitation and loitering shall first be prosecuted in the locality jurisdiction in which the offense occurrsed under applicable ordinances of such localitythat jurisdiction. The alleged offender shall be accorded notice and an opportunity to defend the charge(s). The licensed taxicab driver's licensing authority shall cooperate in assisting any other pParty in completing identifying ication of the alleged offender, as necessary.
b.) Upon conviction and or imposition of civil penalty, the prosecuting party shall advise notify the licensed taxicab driver's licensing authority in writing of such conviction and or penalty. The pParties hereto agree that they shall consider the following nonbinding disciplinary guidelines when they receive such a notice: (i) for a single offense in any three year period by a licensed taxicab driver, the licensing authority shwould forward send a letter of caution to the driver; (ii) for two offenses in any three year period, the licensing authority shwould suspend the licensed taxicab driver offender’s hack license for fourteen (14) days; and (iii) for three or more offenses in any three year period, the licensing authority shwould suspend the licensed taxicab driver offender’s hack license for, sixty (60) days. The prosecuting Party subject driver shall cooperate in have the right to appeal any such disciplineary proceeding or appeal of discipline imposed in accordance with applicable procedures of the licensing authority. Each pParty hereto
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 8 of 11 DRAFT FOR DISCUSSION agrees to consider any amendments to its ordinance law which may be necessary to permit such discipline.
c.) The prosecuting pParty also may request the licensed taxicab driver's licensing authority authority to impose disciplinary measures against the offending licensed taxicab driver'ser’s contractor or employer in accordance with the licensing authority's authority’s procedures, and in the licensing authority's authority’s sole discretion, upon a showing that (i) the contractor or employer knew or should have known that the offense was taking place or likely to take place, and (ii) said the contractor or employer failed to act in a reasonable manner to prevent or stop said offense from occurring. The prosecuting
Party shall cooperate in any disciplinary proceeding or appeal of discipline imposed.
Each pParty hereto agrees to consider any amendments to its ordinance law which may be necessary to permit such discipline.
2. Fare Overcharges
Fare overcharge complaints received by any pParty, shall be referred by any such pParty to the licensed taxicab driver's licensing authority for prosecution by the licensing authority or by any other authority authorized to prosecute such violations. [is this possible? Are we talking about WMATC?]
ARTICLE VI: MISCELLANEOUS
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 9 of 11 DRAFT FOR DISCUSSION
1. Except as expressly provided in this agreement, each pParty to this aAgreement shall be responsible for enforcing its own rates, rules and regulations law.
[where in this Agreement do we make someone else responsible?]
2. This aAgreement’s term shall be indefinitehave an initial term of five years and shall automatically renew for successive five year terms. However, aAny pParty may withdraw from this aAgreement, as to all pParties or to any particular pParty, at any time on 120 days prior written notice to the other pParties. Any Party’s repeal or amendment of an ordinance or other change in the law that allows pre-arranged pick-ups by foreign taxicabs shall be considered withdrawal from this Agreement.
3. If any provision of this agreement or the application of any provision of this agreement to any person or circumstance is held invalid by a court of competent jurisdiction, the application of such provision to other persons or circumstances, and the remainder of this agreement, shall not be affected thereby. [do you really want to do this?]
4. This aAgreement shall be effective when executed by any two or more jurisdictions and shall be binding between, or among the signatories, , any two or more parties signing hereto regardless of whether all parties Council of Government members ultimately shall sign this aAgreement.
5. As between or aAmong the pParties hereto, this aAgreement shall supersedes any all previous agreements between or among any of the, pParties hereto, or under which any of
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 10 of 11 DRAFT FOR DISCUSSION the parties are operating, concerning concerning taxicab reciprocity. [what about the northern Va. agreement? What if all norther Va. localities do not sign this agreement?]
6.
6. Each pParty shall be responsible for any costs which it incurs in the administration of this agreement and shall not look to any other pParty hereto for the payment of such costs.
7. Each Party represents and warrants that it has full authority to enter this Agreement.
IN WITNESS OF ALL OF THE FOREGOING, the undersigned, intending to be bound hereby, have caused this agreement to be executed by their duly authorized representatives.
[APPROPRIATE SIGNATURE LINES TO FOLLOW]
Note:
1. It’s understood that you can pick up from home and transport out.
2. We may need to strengthen enforcement by agreeing to enforce moving violations issued by our neighbors. That is, no license to someone who owes money in another jurisdiction until the other has been paid.
0891d0a598c8268cd098dfaa8445194c.doc 080130 v1.00 5/10/2018 Page 11 of 11