Chapter 01. Taxicab Drivers

An application for a taxicab driver's license shall be filed with the Public Service Commission at its offices in Baltimore in paper or electronic form. The application shall be on a form provided or prescribed by the Public Service Commission and all information required by the form shall be completed.

Each applicant for a driver's license shall be fingerprinted.

An application for a taxicab driver's license shall include two recent photographs, of a size which may be easily attached to the license, one of which shall be attached to the license when issued, the other shall be filed with the application in the Public Service Commission's office. The photographs may be taken by the Public Service Commission or provided by the applicant, as specified by the Public Service Commission.

The Public Service Commission shall allow an applicant to submit an application electronically.

An applicant for a taxicab driver’s license shall:

Upon satisfactory fulfillment of the requirements of these regulations, there shall be issued to the applicant a taxicab driver's license in such form as the Public Service Commission may direct and which shall at all times be in the driver's possession when operating a taxicab.

A licensee who defaces, removes, or obliterates any official entry made upon the taxicab driver's license shall be punished by the suspension or revocation of the license.

Taxicab driver's licenses shall be valid for not less than 1 year and not more than 3 years, as determined by the Public Service Commission.

There shall be delivered to each licensed taxicab driver an identification license of such form and style as the Public Service Commission may prescribe, with the taxicab cab driver's license number on it. The license shall be constantly and conspicuously displayed when engaged in operating a taxicab.

A licensee, while operating a taxicab or assigned to operate a taxicab:

The licensee:

Generally. When it appears that, by reason of the physical or mental condition of the applicant or by reason of a prior criminal record, the public convenience and necessity require an application for a license to be denied, the Public Service Commission shall refuse to issue the license. However, the applicant has the right to appeal from the refusal in the same manner as appeals may now be taken from other actions of the Public Service Commission.

Physical or Mental Disability.

Criminal Record.

License Hearing Officer.

Upon initial denial of a license, after administrative review, the applicant shall be informed by letter of the specific reasons for this denial, of his or her right to appeal the denial to the license hearing officer, of the manner in which the applicant may exercise this right, and of his or her right to legal representation. Accompanying, and in addition to, this letter, each applicant shall be sent a copy of the Public Service Commission's regulations.

A denied applicant may request a hearing by writing to the Public Service Commission.

Any party to a taxicab hearing shall have, in addition to any other rights to which he or she may be entitled by law, the right to:

All admissible and relevant evidence, including records and documents in the possession of the Public Service Commission, shall be offered and made part of the record in any case. Other factual information or evidence, not part of the record, may not be considered by the Public Service Commission in the determination of the case. Prior to the hearing, the applicant or his representative shall be given an opportunity to inspect all pertinent records and documents, relating to the applicant or his record, in the possession of the Public Service Commission.

If the applicant exercises the right to seek judicial review, a verbatim transcript of the hearing shall be made available to the applicant or his designated representative within 20 days after the hearing, upon payment of the cost of the transcript.

The Public Service Commission may issue a temporary license to an applicant.

Provided an application for a taxicab driver’s license includes a background check in accordance with Public Utilities Article, §10-104.1, Annotated Code of Maryland, an applicant may operate a taxicab on a provisional basis until the Public Service Commission renders a decision on the application for a temporary license.

Except as provided in COMAR 20.90.01.09B, it shall be unlawful for any person to solicit for transport, transport, or agree to transport any person or his or her baggage in any taxicab unless the operator of the vehicle is duly licensed by the Public Service Commission.

It shall be unlawful for any person owning or in charge of any vehicle to permit the vehicle to be used in violation of these regulations.

Drivers of taxicabs shall be required to make maximum use of service communications with their operators or dispatchers in order to keep their cabs available for response to calls.

Drivers of taxicabs may use electronic or other methods of service communication with operators or dispatchers, including through cellular connected smartphones, tablets, or computers.

A taxicab driver may not solicit patronage of persons assembled at the termini of any other common carrier, or at intermediate points along any established route of those carriers, when those persons have assembled for the purpose of using the service of those common carriers, and may not leave their taxicab for the purpose of soliciting patronage of persons arriving at the termini. The regulation is not intended to prohibit, or interfere with, response to any call for a taxicab made by telephone or by signal from a pedestrian.

Taxicabs which are being operated in Baltimore City may transport passengers from Baltimore City into Baltimore County and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore County at any time.

Nothing in this regulation shall impede the operation of taxicabs between Baltimore City and Baltimore-Washington Thurgood Marshall International Airport in the manner permitted by law.

Taxicabs may be used to serve jointly from railroad stations or other public places of special assembly passengers or parties who are bound for the same, or approximately the same location, provided that a passenger or party who has engaged a taxicab may not be compelled to share the vehicle with others, if unwilling to do so. Drivers may not refuse service in order to effect more profitable grouping.

When a taxicab is occupied by more than one passenger or party bound for different destinations, each passenger or party, as the case may be, shall be charged the fare recorded on the meter at the time of arrival at destination, except that a passenger or party may not be charged more than the fare applicable at the established rates for transportation over the shortest and most direct route.

Solicitation of others while enroute to the destination of passengers or parties initially occupying the taxicab is prohibited.

A taxicab driver may not operate the taxicab recklessly, in an unsafe manner, or in disregard of the general public or local laws or municipal ordinances governing the operation of motor vehicles.

When on duty, taxicab drivers are prohibited from using taxicabs for any purpose other than the rendition of maximum service to the public in conformity with the Public Service Commission’s regulations.

General. As used in this regulation, the terms “conviction” and “convicted of” include a finding of guilt in a criminal or motor vehicle proceeding, the entry of the plea of guilty or nolo contendere, a probation before judgment if the applicant has not yet completed the terms of the probation or if the applicant has been found to have violated the terms of probation, or has been found not criminally responsible pursuant to Maryland Rule 4-134. The terms of an applicant’s probation before judgment will be determined by referencing the sentencing and disposition date information contained in the background check or criminal history report provided with the application. Unless the background check or criminal history report indicates otherwise, there will be a presumption that the terms of the probation before judgment have been completed within the period indicated on the report and that the applicant has not violated the terms of the probation.

Criminal Offenses.

Driving Offenses.

Offenses in Other Jurisdictions. All criminal and driving offenses described in this regulation are to be construed as including all violations of Maryland law and like or substantially similar violations of the laws of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction.

Additional Factors — Mitigating or Aggravating. The Commission may consider the following factors in determining whether to grant a license prior to the expiration of the restriction periods as described in this section:

Open Charges in Pending Applications. The Commission may defer a decision on a pending application until any open Tier 1 or Tier 2 Criminal Offenses as described in §A of this regulation or major traffic violations as described in §B of this regulation are resolved.

Sex Offender Registry. An individual may be denied a license for an indefinite period if the individual is listed on the national sex offender registry or the sex offender registry of any state.