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Vehicles for Hire Bylaws

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Vehicles for Hire Bylaws Chapter 280, VEHICLES FOR HIRE [HISTORY: Adopted by the Board of Selectmen of the Town of Falmouth 11-1-1990; amended in its entirety 2-13-2006. Subsequent amendments noted where applicable.] GENERAL REFERENCES Authority of Selectmen to enact taxicab regulations—See Ch. 65, Art. VI. Licenses and permits—See Ch. 140. ARTICLE I, General Provisions § 280-1. Definitions. The following words as used in these regulations, unless the context otherwise requires, shall have the following meanings: BASE -- The place of business licensed by the Town of Falmouth from which vehicles for hire shall be dispatched. CLEARED -- A taximeter is cleared when it is inoperative with respect to all fare indication, when no indication of fare or extras is shown and when all parts are in those positions in which they are designed to be when the vehicle on which the taximeter is installed is not engaged by a passenger. COLD TIRE PRESSURE -- The pressure of a tire when the tire is at ambient temperature. EXAMINER -- The Chief of Police of the Town of Falmouth or any person or persons so designated by the Chief of Police. EXTRAS -- Charges to be paid by a passenger in addition to the fare, including any charge at a flat rate for the transportation of passengers in excess of a stated number and any charge for the transportation of baggage. FACE -- That side of a taximeter upon which passenger charges are indicated. FARE -- That portion of the charge for the fare of a vehicle that is automatically calculated by a taximeter through the operation of the mileage or time mechanism. FLAG -- A plate at the end of the lever arm or similar part by which the operating condition of a taximeter is controlled. HIRED -- A taximeter is hired when it is operative with respect to all applicable indications of fare or extras. The indications of fare include time and distance where applicable unless qualified by another indication of “Time Not Recording” or an equivalent expression. INITIAL MILEAGE OR TIME INTERVAL -- The interval corresponding to the initial money drop. MONEY DROP -- An increase of fare indication. The “initial money drop” is the first increment of fare indication following the flag pull. NUMBER PLATES -- The sign of markers furnished by the Registry of Motor Vehicles on which is displayed the license number or marks assigned to a vehicle for hire. OWNER -- Any person, firm, partnership, association or entity owning and operating a licensed vehicle for hire business. POLICE OFFICER OR OFFICER -- Any officer authorized to make arrests or serve criminal process, provided that person is in uniform or displays his badge of office. ROAD TEST -- A mileage test, over a measured course, of a complete taximeter assembly when installed on a vehicle, the mechanics being actuated as a result of vehicle travel. ROLLING CIRCUMFERENCE -- The straight line distance traveled per revolution of the wheel (or wheels) that actuates the taximeter; the rolling circumference is the average distance traveled per revolution of the wheels. SEAT -- The space in a vehicle for hire ordinarily occupied by one person. TAXIMETER -- An instrument or device approved by the Director of the Division of Standards by which the charge to a passenger for hire of a licensed vehicle is automatically calculated and on which such charge is plainly indicated. A taximeter may be a: A. SINGLE-TARIFF TAXIMETER—One that calculates fares at a single rate only. B. MULTIPLE-TARIFF TAXIMETER—One that may be set to calculate fares at any one of two or more rates. TRUNK -- A large packing case or box that claps shut used as a luggage or for storage. VEHICLE FOR HIRE -- Any vehicle used or to be used for the conveyance of persons for hire from place to place. Vehicles for hire may consist of the following classifications, but not limited to: A. LIMOUSINE—An unmetered and unmarked auto or similar passenger vehicle carrying passengers for hire, duly licensed as a limousine by the Examiner and does not pick up, transport or discharge passengers along a route. B. LIVERY—A marked and unmetered auto or similar passenger vehicle carrying passengers for hire, duly licensed as a livery by the Examiner and does not pickup, transport or discharge passengers along a route. C. TAXICAB—A metered and marked auto or similar passenger vehicle carrying passengers for hire, duly licensed as a taxicab by the Examiner and does not pickup, transport or discharge passengers along a route. VEHICLE FOR HIRE LICENSE -- License issued by the Selectmen authorizing the operation of a vehicle for hire business. VEHICLE FOR HIRE OPERATOR -- Any person who operates a vehicle for hire whileengaged in the transportation of a fare or client. VEHICLE FOR HIRE OPERATOR’S LICENSE -- License issued by the Examiner to a person, who operates a vehicle for hire while engaged in the transportation of a fare or client. VEHICLE FOR HIRE PERMIT -- Permit issued by the Examiner to a vehicle for hire license 2 holder authorizing the use of a particular vehicle for the conveyance of persons for hire from place to place. WAY -- Any public way, any private way laid out for public use, any way dedicated to public use or any places to which the public has a right of access as invitees or licensees. ARTICLE II, Vehicles for Hire License § 280-2. License required; termination; transferability; fee. A. Except as otherwise provided by law, no person shall engage in the business of transporting persons for hire in a vehicle without first having obtained a license from the Board of Selectmen authorizing him/her to engage in such business and designating the number of such vehicles that may be used under such license. Such license shall terminate automatically, if for a period of more than thirty (30) days the holder thereof does not coincidentally hold one (1) or more duly existing vehicle for hire permits. B. No vehicle for hire license provided for in these rules and regulations shall be sold or assigned. Upon the sale of an entity or a majority in interest, said license may be transferred upon approval of the Board of Selectmen, if after a hearing the Board determines the transferee is a suitable person(s) in accordance with the provisions of § 280-3. C. The fee for a vehicle for hire license shall be fifty dollars ($50.) which shall include the processing fee and shall be submitted with the application to the office of the Town of Falmouth Board of Selectmen. § 280-3. Principal place of business; hours of operation; marking. A. The Selectmen may grant a vehicle for hire license to suitable person(s), if the principal place of business of the person(s) is located at an address within the commercially zoned areas of the Town of Falmouth. B. The home occupation clause in the Town of Falmouth Zoning Bylaws authorizing limited commercial business activities to be operated from within a residential zoned area shall not provide relief to vehicle for hire license holders of limousine, livery or taxicabs licenses. C. The hours of operation of a vehicle for hire business designated as a “taxicab company” shall be twenty-four (24) hours per calendar day, seven (7) days per calendar week and fifty-two (52) calendar weeks per year. D. A vehicle for hire permitted by the Examiner shall be registered in accordance with the provisions of Massachusetts General Laws Chapter 90 – Section 9, insured under the provisions of 280-12 and inspected under the provision of 280-13 of Town of Falmouth By- Laws at all times. In addition, the permitted vehicle shall be committed to the daily operation of the business. E. Vehicles for hire designated as a “taxicab” shall have the name or the trade name of the owner and the name of the City or Town in which it is licensed painted on the sides thereof in letters not less than four (4) inches high and one-half (1/2) inch wide in accordance with 3 the provision of MGL c. 40, § 22. F. The requirement for locating the base of operation of a vehicle for hire business in a commercially zoned area shall have the effect of a sunset provision and enforcement shall commence on the first day of January 2006. ARTICLE III, Number of Vehicles for Hire Licenses; Changes of Address § 280-4. Number of licenses. The Board of Selectmen of the Town of Falmouth shall annually determine the number of vehicle for hire licenses to be issued. Such determination shall be made, based upon serving public need and convenience and the promotion of public health and safety. § 280-5. Change of address. When a vehicle for hire license holder changes the address or the place at which a vehicle for hire owned by him/her is kept, he/she shall notify the Examiner within three (3) days of such change. ARTICLE IV, Vehicles for Hire Permit § 280-6. Application. Application for a vehicle for hire permit shall be made by the license holder thereof. Such application shall set forth under oath all information that the Examiner may require. § 280-7. Issuance; contents. A. A Vehicle for Hire Permit shall be classified as an Annual or Seasonal permit. B. The Board of Selectmen of the Town of Falmouth shall determine the number and the classification of a Vehicle for Hire Permit. Such determination shall be made, base upon serving public need and convenience and the promotion of public health and safety. An Annual permit shall be valid upon the date of issue and expire on December 31 of the current year. A Seasonal permit shall be valid on May 15 of the current year and expire on September 15 of the current year.
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