Bill Text: NJ A2916 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes counties to license and regulate operation of taxicabs within county.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-06-14 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A2916 Detail]
Download: New_Jersey-2010-A2916-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Authorizes counties to license and regulate operation of taxicabs within county.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing the several counties to license and regulate the operation of taxicabs, supplementing chapter 23 of Title 40 and amending article 1 of chapter 16 of Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The governing body of any county may, by ordinance or resolution as appropriate: (1) require an owner of a taxicab wishing to operate that taxicab on any street, road, or other vehicular thoroughfare within the county to obtain a license for such operation; and (2) regulate any taxicab holding such a license, and the owner and driver thereof, with respect to the operation of the taxicab and the places or premises in which, or at which, the business of providing taxicab service is conducted. The ordinance or resolution shall designate the agency or officer of the county responsible for issuing the county taxicab operating license in the name of the county and for collecting such fee therefor as the ordinance or resolution shall establish, provided that the amount of such fee shall not exceed $500. Of any fee collected from a licensee under this section, one-half shall be deposited with the chief financial officer of the county as county revenue, and the remainder shall be apportioned among, and paid to, the several municipalities of the county in proportion to the population of those municipalities according to the most recent federal decennial census.
b. The holder of a county taxicab operating license issued hereunder shall thereby be exempt from municipal licensure and regulation under R.S.40:52-1 or any other law.
2. R.S.48:16-2 is amended to read as follows:
48:16-2. [No] a. Except as otherwise provided under subsection b. of this section, no autocab shall be operated along any street in any municipality until the owner thereof shall obtain the consent of the elective governing body or member thereof having control of the public streets in the municipality. No municipality located in a county of the first class with a population of less than 20,000 persons shall enact an ordinance establishing fees or other charges in excess of $50.00 for the right to operate an autocab. The provisions of any existing ordinance establishing fees or other charges in excess of this amount for each cab operated are null and void and any excess fee or charge shall be returned to the owner of the autocab.
b. In the case of a county that, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), adopts an ordinance or resolution providing for licensure of taxicabs operating within the county and for regulation of their operation, the consent required under this section shall be obtained from the governing body of the county and shall not be required by any municipality within the county.
(cf: P.L.1977, c.218, s.1)
3. R.S.48:16-3 is amended to read as follows:
48:16-3. No [such] municipal consent under subsection a. of R.S.48:16-2, and no county consent under subsection b. thereof, shall become effective until the owner of the autocab shall have filed with the clerk of the municipality [in which such operation is permitted,] or clerk of the county, as the case may be, an insurance policy of a company duly licensed to transact business under the insurance laws of this State conditioned for the payment of a sum of not less than [$10,000.00] $10,000 to satisfy all claims for damages, by reason of bodily injury to, or the death of, any [1] one person, resulting from an accident, and a sum of not less than [$20,000.00] $20,000 to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street; and conditioned for the payment of a sum not less than [$5,000.00] $5,000 to satisfy any claim for damages to property of any [1] one person, resulting from an accident, and a sum not less than [$5,000.00] $5,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street.
The consent shall become effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the autocab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
(cf: P.L.1959, c.53, s.1)
4. R.S.48:16-4 is amended to read as follows:
48:16-4. If such owner operates more than one autocab, he may file with the clerk of the municipality or clerk of the county, as appropriate, in lieu of the policy required by [section 48:16-3 of this title] R.S.48:16-3, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of [fifty thousand dollars] $50,000, which shall be a blanket insurance covering all cabs operated by such owner which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, and use of any such autocabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage, or injury as aforesaid.
(cf: R.S.48:16-4)
5. R.S.48:16-5 is amended to read as follows:
48:16-5. The owner of the autocab shall execute and deliver to the clerk of the municipality or clerk of the county, as appropriate, concurrently with the filing of a policy or bond referred to in [sections 48:16-3 and 48:16-4 of this title] R.S.48:16-3 and R.S.48:16-4, a power of attorney, wherein and whereby the owner shall appoint the chief fiscal officer of the municipality or chief fiscal officer of the county, as appropriate, his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
(cf: R.S.48:16-5)
6. R.S.48:16-6 is amended to read as follows:
48:16-6. The clerk of the municipality or clerk of the county, as appropriate, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the autocab has complied with the terms and provisions of this article.
The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the autocab insured thereunder, and the registration number of the same.
The duplicate certificate shall be filed with the [department of motor vehicles] New Jersey Motor Vehicle Commission before any such car is licensed as an autocab.
The original certificate shall be posted in a conspicuous place within the autocab.
(cf: R.S.48:16-6)
7. R.S.48:16-7 is amended to read as follows:
48:16-7. Where an autocab operates in more than one municipality, the insurance policy or bond required by [sections 48:16-3 and 48:16-4 of this title] R.S.48:16-3 and R.S.48:16-4 shall be filed with the clerk of the municipality in which the owner has his principal place of business and certificates, in such number as may be necessary, certifying that the owner has complied with all the provisions of this article shall, by the clerk of the municipality, be delivered to the owner, who shall file the certificate with the clerk of each municipality in which such operation takes place. In the case of an autocab holding a county taxicab operating license under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the insurance policy or bond may, with respect to the operation of that autocab within the county, be filed with the clerk of the county issuing the license; with respect to the operation of the autocab in any municipality outside of such county, however, the policy or bond shall be filed with the clerk of such municipality as hereinabove provided.
(cf: R.S.48:16-7)
8. R.S.48:16-10 is amended to read as follows:
48:16-10. A consent granted under [section 48:16-2 of this title] R.S.48:16-2 may be revoked by the governing body of the municipality [granting] or county, as the case may be, that shall have granted the same, after notice and hearing, whenever it shall appear that the person to whom the consent was granted has failed to furnish or keep in force the insurance policy or bond and power of attorney required by this article, or to comply with any terms or conditions imposed by the board [or], body, or officer granting the consent or any law of this [state] State.
(cf: R.S.48:16-10)
9. This act shall take effect immediately.
STATEMENT
This bill authorizes any county to license and regulate the operation of taxicabs on the streets and other vehicular thoroughfares within the county. The holder of such a county taxicab operating license would be exempt from licensure and regulation by a municipality within the county.
The bill amends the statutes that require operators of taxicab services to file proof of insurance with a municipality to provide that, in the case of operators holding a county operating license, the filing shall be made with the county clerk.
