2 Del. Admin. Code § 2287-15.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2287-15.0 - Specifications for Taxicabs

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.

2 Del. Admin. Code § 2287-15.0

22 DE Reg. 1030 (6/1/2019) (final)