Current through Register Vol. 28, No. 3, September 1, 2024
15.1 Upon
application by letter of any public carrier operating in this State, OPC may
waive the requirements (other than those specified in the Delaware Code) of
this Chapter if it is shown to the satisfaction of DelDOT that such a waiver
will not endanger the safety of the public.
15.2 Safety Regulations. Each operator and
its officers, agents, employees and representatives shall comply with the
following regulations, and each operator shall require that said officers,
agents, employees and representatives shall become conversant with these
regulations.
15.3 Registration
Requirements:
15.3.1 Per Title 21 of the
Delaware Code, Chapter 21, Section 2109(a): "Any vehicle described in §
2151 of this title may be registered for 24 months, 12 months or 6 months and
the effective date of the registration shall be the date the vehicle is
titled...The Division of Motor Vehicles may require vehicles to be registered
for less than 24 months as may be necessary to ensure a balanced monthly
distribution of vehicle inspections and registrations; all fees shall be
prorated. The registration of a vehicle shall expire at midnight on the last
day of the period for which it is registered, and the vehicle shall not
thereafter be operated upon the highways of this State until it has been
reregistered according to law."
15.3.2 In accordance with the statutory
authority granted by the Code chapter specified above, all taxicabs must be
registered for a period of six months following the initial registration
period. In addition the inspection sticker shall expire at the same time as the
vehicle registration.
15.3.3 Per
Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive
or move, nor shall any person, being the owner of a taxicab, knowingly permit
to be driven or moved upon any highway, any taxicab which is not registered as
a taxicab and for which a certificate of title has not been issued or applied
for, or for which current taxicab registration plates have not been issued and
paid for.
15.3.4 Per Title 21,
Chapter 21 of the Delaware Code, Section 2172, taxicabs must display, on the
rear of the vehicle, the specific license plate beginning with the letters
"TX", registered to that taxicab.
15.4 License Requirements: Per Title 21,
Chapter 27 of the Delaware Code, Sections 2761 and 2762, all persons who
operate a taxicab on Delaware highways must have a valid license with a taxi
endorsement. The driver must complete a Defensive Driving Course, be at least
18 years of age, provide a certified copy of a police background check
indicating no serious criminal offenses, not have been revoked for the past
five years, and pass the eye screen and written tests.
15.5 Taximeters
15.5.1 For any taxicab operated within this
State equipped with a single taximeter, a calibrated unit sealed to the cradle,
which internally and automatically calculates a predetermined fare based on
cents per mile, the taximeter shall be installed in the front of the taxicab so
that, at all times, it shall be plainly visible to and the fare readily
ascertainable by all occupants of the taxicab. The face of the taximeter shall
be illuminated at all times.
15.5.2
No taximeter affixed to a taxicab shall be operated from any drive other than
the transmission of such taxicab. Any taximeter operated by any other means
must be approved by OPC before installation.
15.5.3 The taximeter and taximeter driving
equipment shall be so sealed that the taximeter case, taximeter cradle,
taximeter driving equipment, additional gear boxes, if any, cannot be
disconnected without breaking a current and valid seal.
15.5.4 The taximeter and appurtenant
equipment must be tested and sealed to the cradle by a qualified testing
agency, approved by the OPC annually. The testing agency will seal the
taximeter unit to avoid tampering and issue a certificate of calibration to the
OPC on forms provided by this department and due to this office by January 1 of
each year. Any taximeter removed from a taxicab vehicle with or without its
seals intact and placed in the same or another taxicab vehicle must be
recertified and resealed by a qualified testing agency.
15.5.5 It shall be the responsibility of any
public carrier operating a taxicab or taxicabs under a Certificate of Public
Convenience and Necessity to cause the taximeters to be so regulated that the
fare shall be calculated and registered in accordance with the current rates on
file with and approved by OPC.
15.5.6 The taximeter shall be in operation
during every trip, the entire time the taxicab is engaged by a passenger. The
passenger shall be required to pay only the amount recorded on the meter at the
point of destination. If a flat fee is agreed upon prior to the trip, the
passenger shall be required to pay the lesser of the two fares.
15.5.7 Rate graduations shall be calculated
in 1/10-mile increments.
15.6 Operational Regulations
15.6.1 Fare Receipt. The driver of any
taxicab shall, if requested, deliver to the person paying for hire of said
vehicle, at the time of payment, a correct receipt of such payment. The receipt
shall be legible and shall show the name of the company or owner, the vehicle
number, the name of the driver, all items for which a charge is made, the total
amount paid and the date of payment.
15.6.2 Baggage and Expressage. No charge
shall be made by any taxicab owner or driver for up to two (2) standard size
suitcases and one (1) handbag by any fare-paying passenger. Nothing in this
section shall be interpreted as permitting the hiring of such vehicle for
expressage purposes only. A fee may be charged for additional baggage provided
it has been included on the current rate schedule on file with the
OPC.
15.6.3 Group Riding. The
operator of a taxicab shall accept other parties for transportation in the same
taxicab to destinations in the same general direction as that for which it is
engaged by the first party only with the consent of that party.
15.6.4 Direct Route. All trips by taxicabs
shall be made by the most direct route from point of pickup to point of
destination.
15.6.5 Taxicab Stands.
A taxicab operator may not park in a public taxicab stand unless the cab is
available for hire and its operator is awake and within plain view of the
vehicle. An operator must not occupy any taxicab in a public taxicab stand
other than that of which the individual is the operator. Drivers regulated by
Title 2, Chapter 18 shall not offer nor give payment to anyone for securing or
the prospect of securing any fare or trip.
15.7 Identification of Taxicabs
15.7.1 Each vehicle must have a State of
Delaware taxi medallion issued by OPC securely affixed to each side of the
vehicle's front corner panels, affixed above the height of the front tires on
the taxicab. The medallions shall be numbered to identify each individual
vehicle.
15.7.2 Each vehicle must
be clearly marked "TAXI" by letters having a height of at least four inches
4"/10.2cm. and a width of at least one inch 1"/2.5cm. on front and rear. In
addition, each side shall be so marked or identified by the Certificate
Holder's name, emblem or trademark, if any, and telephone number with a minimum
height of 3"/7.65 cm.
15.7.3 The
name of the lessee, if any, must be displayed in like manner, preceded by the
words, "operated by". Any public carrier operating a taxi may elect to display
the name of the lessee operating the taxi by using a temporary magnetic sign
that is otherwise in compliance with this regulation. The taxi being operated
must at all times have the correct temporary magnetic sign reflecting the
actual individual operating the vehicle.
15.7.4 Every taxicab must be assigned an
identifying number by the operator. The number shall be clearly marked by
numerals at least four inches 4"/10.2cm. high on the rear and on each
side.
15.7.5 An exterior
illuminated top light permanently affixed must be installed on the forward
third of the car roof. This top light may or may not be lettered, but should be
controlled by the taximeter or a switch so that it will indicate "occupied" or
"vacant".
15.7.6 All letters,
numerals, and markings must be painted or permanently affixed and of colors
contrasting with the background vehicle color.
15.7.7 Other markings and advertising are
permitted to be affixed if they do not obscure the minimum standard
markings.
15.7.8 Each taxicab must
have permanently affixed on the rear doors, on both sides of the vehicle, in
letters and figures at least one inch 1"/2.5cm in height the initial drop
charge, rate per mile, wait time, requirements for a specific rate if more than
1 rate is utilized, and any additional charge for extra
passengers.
15.8
Inspection and Certificate of Inspection
15.8.1 All taxicabs for which Certificates
have been issued by OPC shall be inspected semi-annually. Nothing herein shall
limit OPC to require more frequent inspection of such vehicles when, in its
opinion, the safety of the public so requires.
15.8.2 No taxicab shall be operated unless it
prominently displays on the right hand side of the windshield, visible from the
exterior, an unexpired Certificate of Inspection issued by OPC or its
agent.
15.8.3 The passenger
capacity of each vehicle is determined by the manufacturer's rating, however,
the vehicle may be permanently altered to reduce passenger capacity as long as
the integrity and safety of the vehicle has not been compromised and has been
approved by OPC.
15.9
Maintenance
15.9.1 The body, chassis, engine
and all equipment shall be maintained in proper adjustment and safe operating
condition:
15.9.2 All lights must
be clean, in working order and properly aimed. This includes stoplights, turn
signals, license plate lights, parking lights and headlights.
15.9.3 Brakes must stop the vehicle within
required distance.
15.9.4 Glass in
windows must have no holes, breaks or cracks.
15.9.5 Mirrors must be clean and
unbroken.
15.9.6 Windshield wipers
must be fully operative (the rubber blades must be in good
condition).
15.9.7 Hood and trunk
latches must hold hood and trunk fully closed.
15.9.8 Tires must have no bulges, no fabric
showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch
measured in two adjacent treads or indicated by the tire's wear bar
indicators.
15.9.9 Doorknobs or
equivalent must be present and in working condition.
15.9.10 There must be no damaged or
dislocated parts projecting from the vehicle that could present a safety
hazard.
15.9.11 Horn must be in
operating condition.
15.9.12
Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust
system. Catalytic converter must be installed if originally equipped from
manufacturer.
15.9.13 There must be
no fuel, antifreeze, or other fluid leaks.
15.9.14 There must be no excessive discharge
of fluids or exhaust emissions to cause a vehicle to smoke.
15.9.15 Bumper height on taxicabs must not
exceed 22 inches from the ground to the bottom of the bumper.
15.9.16 No tinting or sun screening device
can be applied to the front windshield or to the front side windows.
15.9.17 No air scoops shall be mounted on a
vehicle hood that exceeds 3 inches.
15.9.18 Windshield must have no cracks that
interfere with vision. Any cracks over 5 inches on any window are mandatory
failure items. Minimum height of visibility in windshield is 10
inches.
15.9.19 A correct record
shall be kept showing the vehicle identification, date of breakdowns, any
defects reported and corrective measures taken. These records shall be retained
by the carrier for at least three years.
15.9.20 Each Certificate holder shall make a
complete inspection of each motor vehicle at least once each week for
mechanical or structural defects and all necessary repairs shall be made before
the motor vehicle is returned to service. An itemized record of each inspection
showing the date, vehicle identification, lubrication record and adjustments,
and signed by the person making such inspection, shall be retained by the
carrier for at least three years.
15.9.21 All records will be available to OPC
for inspection at the discretion of OPC.
15.9.22 The maintenance facilities or an
arrangement for the use of such facilities, of each Certificate holder shall be
adequate and shall include either a suitable pit, ramp, lift or
hoist.
15.9.23 The passenger
section shall be kept clean and sanitary and free of
debris.
15.10 Card Reader.
15.10.1 Any taxicab equipped with or
advertises for the use of an electronic payment devise that would allow the use
of a credit card or debit card, shall be placed out of service immediately, if
such electronic payment devise becomes damaged or not functional, until such
time that the taxicab has the electronic payment devise operational or
discontinue or remove the advertisement for the use of a credit card or debit
card.
15.11 Simulating
Color or Design
15.11.1 Public carriers are
prohibited from marking, painting or designing their vehicles so as to simulate
vehicles of special design or markings operated by other carriers within the
same local area. Such simulation of design or any other act intended to invite
patronage by deception will be considered as sufficient ground for revocation
of Certificates. This regulation shall not apply to school
buses.
15.12 Replacement
Medallions
15.12.1 A lost or stolen medallion
may be replaced at the cost of $100.00 per medallion. A written request for
replacement must be received by the OPC, on company letterhead, and signed by
an authorized representative of the company. The written request must include
the medallion number(s) for which the request was written. An affidavit must
then be obtained from the OPC, signed and notarized before the issuance of the
replacement medallion(s). All outstanding inspections, reports, fees, etc. due
to the OPC must be resolved before any replacement medallions will be
issued.
15.12.2 A medallion may be
replaced at the cost of $20.00 per medallion due to an accident, mechanical
failure, breakdown, or vehicle exchange. A written request for replacement must
be received by the OPC, on the form approved by OPC, and signed by an
authorized representative of the company. The facts of the matter will be
verified before replacement is made. The written request must include the
medallion number and OPC number for which the request was written. All
outstanding inspections, reports, fees, etc. due to the OPC must be resolved
before any replacement medallions will be issued.
15.12.3 A vehicle's medallion will expire if
a public carrier does not renew the vehicle for 2 consecutive scheduled renewal
periods. A vehicle cannot be used as a public carrier if its medallion has
expired.
15.12.4 The OPC will
provide written notice to the public carrier when a medallion is expired. The
public carrier will be provided 60 days to renew the vehicle and pay any and
all fees, or sell the medallion. After the 60 day period, a public carrier will
need to pay $25 to reinstate a medallion in addition to any other fees that may
apply.