In this Chapter, unless the context indicates otherwise: Accessible taxicab means a taxicab that the Department has authorized to transport passengers with disabilities. Association means individual licensees who join together to form a business entity to provide taxicab service utilizing a single trade name consisting of a minimum of six licenses. Commission means the Taxicab Services Commission. Department means the Department of Transportation. Director means the Director of the Department or the Director’s designee. Dispatch means the traditional methods of pre-arranging vehicle-for-hire service, including through telephone or radio. Driver means an individual authorized to operate a taxicab under this Chapter and issued a Taxicab Driver Identification Card. Entity means a legally formed business organization in good standing, including any form of sole proprietorship, limited liability company, cooperative, corporation or partnership. Fleet means any entity that holds in its own name six or more licenses. In service means the operation of a taxicab on any roadway in the County when the driver is not displaying an approved out of service sign or notice. Individual Licensee means a person or entity who has an ownership interest in no more than five licenses and who is required to either affiliate with a Fleet or an Association in order to provide Taxicab Service. License or Taxicab License means a Passenger Vehicle License issued under this Chapter. Licensee means an individual or fleet to whom the Director has issued a license. Out of service means a taxicab that: (1) displays a Department approved out of service sign or notice while being operated; or (2) is removed from revenue service and parked. Owner means an individual or entity that: (1) is listed with the state motor vehicle agency as holding legal title to a specific motor vehicle; (2) is a conditional vendee or lessee of a vehicle that is the subject of an agreement for conditional sale or lease, if the conditional vendee or lessee has assumed liability, and is authorized to pay judgments and accept any legal notice or service of process, with respect to the vehicle; or (3) acts as the agent of the registered owner for all purposes, including acceptance of liability, payment of judgments and other legal obligations, and receipt of any legal notice or service of process. Passenger means a person who engages a taxicab for hire. Passenger Vehicle License means a license to provide taxicab service using a specified motor vehicle. Seat belt means a seat belt as defined in State law. Security seal means a lead and wire seal, or a similar device, attached to a taximeter to secure the meter against unauthorized access, removal, or adjustment. Security interest means any security interest, pledge, mortgage, deed of trust, or similar encumbrance, by act or deed or by operation of law, to secure the repayment of indebtedness incurred with respect to a licensee’s taxicab business or the acquisition of a passenger vehicle license by a licensee. Taxicab means a motor vehicle that: (1) is designed or configured to carry 7 or fewer persons, not including the operator; (2) is used to provide for-hire taxicab service in the County, and (3) either: (A) appears to be a taxicab or otherwise for hire; (B) displays the words “taxi,” “cab,” or “taxicab” anywhere on the vehicle; (C) is advertised or held out to the public as a taxicab; or (D) is used to respond to an immediate request for passenger transportation. Taxicab Driver Identification Card or Identification (ID) Card means a card showing that the holder has qualified to drive a taxicab in the County. Taxicab Service means carrying one or more passengers for compensation between points chosen by the passenger: (1) regardless of how or when engaged, for a fare that is based on the distance traveled, time elapsed, or both, except as expressly authorized in this Chapter; or (2) after being engaged by hail from a street, or from a parking lot, taxi stand, or other location where the vehicle is waiting for a request for service. A person who provides for-hire transportation service without a valid license or permit from an appropriate governmental authority is a provider of illegal taxicab service irrespective of the type of vehicle used. Taxicab Stand means an area marked solely for the use of taxicabs to wait for passengers. Transfer: (1) means an assignment, sale, gift, conveyance, or other disposition that has as its purpose or effect the transfer of the rights conferred under this Chapter on the licensee to another person or entity; and (2) if the licensee is a business entity, includes the transfer of 50 percent or more of the stock, voting rights, membership interest, or other ownership or controlling interest in the entity, regardless of whether the transfer occurs as one transaction or a series of separate transactions.

This Chapter is enforced by the Director, the County Police Department, any other law enforcement agency, and any other County department or office assigned by the County Executive.

(a) The County Executive must appoint, subject to confirmation by the County Council, a Taxicab Services Commission. (b) The Commission must: (1) advise the Director in carrying out duties and functions under this Chapter; (2) meet quarterly or more frequently if requested by the County Executive or County Council or if the Chair or Commission finds it necessary; (3) evaluate the performance of the taxicab industry in serving members of the population with special transportation needs, such as senior citizens and people with disabilities; and (4) conduct the biennial review of the taxicab industry under Section 53-104. (c) The Commission consists of four public members and seven taxicab industry members. The County Executive must appoint members so that: (1) one public member represents senior citizens, and another public member represents people with disabilities; (2) three of the seven taxicab industry representatives represent management and four are taxicab drivers; and (3) two of the four drivers are owner-drivers and two are non-owner drivers. (d) The Director or the Director’s representative and the Chair of the Council Transportation, Infrastructure, Energy and Environment Committee or the Chair’s representative must serve as ex-officio non-voting members. (e) A Commission member serves for a term of three years, or until a successor is confirmed, whichever is later. A member must not serve more than two consecutive full terms. A person appointed to fill a vacancy serves for the remainder of the predecessor’s term. (f) The Commission must annually select one public member as chair. Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection. Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

(a) Between September 1 and November 15 of each even-numbered year, the Taxicab Services Commission must conduct a review of the County taxicab industry including: (1) at least one public hearing; (2) solicitation of comments from stakeholders; (3) an evaluation of: (A) the economic condition of the taxicab industry; and (B) the adequacy of service rendered by the industry. (b) The Commission must submit a report to the Executive and County Council not later than December 1 of the year the review is conducted, describing the status of the industry and identifying any changes to the regulation of the industry that the Commission finds necessary or desirable, including: (1) changes to the number of licenses in circulation; (2) changes in taxicab rates set under Section 53-106; (3) changes in fees set under Section 53-107; (4) changes in insurance requirements under Section 53-225 or applicable regulation; (5) changes to the accessibility requirements under Article 5; (6) changes to the affiliation and dispatch requirements under this Chapter; and (7) any other changes that the Commission determines would improve the delivery of taxicab services. (c) The review of economic condition of the industry must include consideration of taxicab rates, lease and affiliation rates, and industry fees charged to and by licensees and drivers. In reviewing the rates and fees, the Commission must consider: (1) driver income compared to the County minimum wage; and (2) the cost of industry-related regulatory and enforcement expenditures.

Unless otherwise specified in this Chapter, the County Executive may adopt regulations under method (2) to administer this Chapter.

The Director must keep an accurate record of every identification card and license application for a reasonable time. The record should include all relevant information and material pertaining to the application and any license or identification card that is issued.

(a) The County Executive must set taxicab rates by regulation to promote the public interest after holding a public hearing and considering the recommendations of the Commission. (b) To encourage ride sharing and other innovative taxicab services, the regulation may require a licensee to accept certain payment methods and charge rates that are not taximeter based. (c) The Director may approve rates other than those set in the regulations as provided in a contract filed with the Department if the Director finds that the alternative rates will not result in a significant reduction of service to the general public. Any alternative rates that are higher than the rates set by regulation under subsection (a) must also be set by regulation. (d) A person must not charge for taxicab service except as allowed under applicable regulations or subsection (c).

(a) The Council may set, by resolution adopted after a public hearing, fees that the Director must charge to administer this Chapter. (b) Except as provided in Section 53-206, the Council must not set fees that in the aggregate exceed the cost of administering this Chapter. (c) A Council resolution adopted under this section takes effect if the Executive: (1) approves the resolution; (2) disapproves the resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers; or (2) does not act within 10 days after the Council adopts the resolution.

The Director, by notice printed in the County Register, may designate taxicab stands for the exclusive use of taxicabs where they are required in the public interest.

Upon proof satisfactory to the Department that a license or identification card has been lost or destroyed, the Department must issue a duplicate license or identification card to the licensee or driver, after the licensee or driver has paid the required fee, unless the license or identification card has been revoked or suspended under this Chapter.

(a) The Executive, by method (2) regulation, may approve one or more centralized electronic dispatch systems to dispatch taxicabs for trips that begin in the County through an Internet-enabled application, digital platform, or telephone dispatch system. (b) Within six months after the approval of the first system, every taxicab driver licensed under this Chapter must use a centralized electronic dispatch system approved under this Section. (c) A centralized electronic dispatch system approved under this Section must: (1) offer an Application Programming Interface that allows other approved systems to dispatch all drivers using that system; (2) dispatch the taxicab closest to the person requesting service, regardless of which system that taxicab is using; (3) adequately protect the privacy of passengers and the security of passengers and drivers; (4) allow only licensed taxicab drivers to use the system; (5) maintain, and make available to the Director upon request, verifiable records, in a form prescribed by the Director, summarizing responses to requests for service made under the system; (6) provide users with an option to see and request an accessible taxicab; and (7) be accessible to the blind and visually impaired and the deaf and hard of hearing. (d) A centralized electronic dispatch system approved under this Section may charge processing fees as allowed by regulation. (e) Nothing in this Section prohibits a licensee from using or being dispatched by any other two-way dispatch system.

(a) The Executive must establish, by method (2) regulation: (1) uniform lease, sublicense, and affiliation agreements which must conform to the minimum requirements of Section 53-218; (2) maximum lease, sublicense, and affiliation rates that a licensee may charge a driver; and (3) a list of types and amounts of other charges that a licensee may charge a driver. (b) Maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, must be set at amounts determined by the Executive to: (1) enable the licensee to receive adequate revenues to pay the licensee’s reasonable expenses and receive a fair and reasonable rate of return on the licensee’s investment; and (2) provide drivers with an opportunity to earn a fair and reasonable income. (c) In determining the maximum lease rates, the Executive must consider: (1) vehicle, equipment and license costs; (2) asset depreciation; (3) the costs of insurance, operation and maintenance, uninsured repairs, wages and salaries, garage storage, taxes, fees, two-way dispatching and administration, as well as all other periodic expenses paid by the licensee; and (4) any other factors that the Executive considers appropriate to further the purposes of this Chapter. (d) The Executive must periodically review the maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, to ensure that the rates and charges are consistent with the objectives expressed in this section. (e) The Executive may require all licensees to provide such financial information as may be reasonably necessary to establish maximum rates and charges allowed under this Section. Information submitted under this subsection is confidential and must not be disclosed to the public.