The following provisions will be applicable to the
transportation of passengers as designated within this section.
010.01
PROVISIONS APPLICABLE TO
ALL CLASSIFICATIONS OF PASSENGER TRANSPORTATION: In addition to
the other applicable Motor Carrier rules in this chapter, the following
provisions will be applicable to all classifications of service for the
transportation of passengers:
010.01A
VEHICLE TITLE: All vehicles will be owned by, and
registered in, the name of the certificate holder, except that the certificate
holder may engage in equipment leasing as provided by these rules.
010.01B If a person applies for carriage and
is willing and able to tender the fare, each operator will convey such person
to the person's destination unless:
010.01B1
The passenger is in such condition of uncleanliness that carriage in the
vehicle would be a violation of any law.
010.01B2 The behavior of the passenger is
such that the person poses a safety risk to the operator, other passengers, or
the vehicle is in danger of being damaged
010.01B3 The point of origin or destination
or immediate approach is impassable or dangerous.
010.01C In addition to complying with the
minimum qualifications for driving a motor vehicle subject to Commission
jurisdiction, all operators will:
010.01C1 Be
competent to conduct the applicable transportation service safely and
courteously.
010.01C2 Not smoke
inside the vehicle.
010.01C3 Shall
be within the ages of twenty-one (21) and seventy (70) except that the
Commission may waive the maximum age limit for an operator who is over seventy
(70) if the carrier desiring to employ the operator can show that the operator
is insurable, has no medical or other disability which prevents him or her from
safely operating the vehicle and has a satisfactory driving record. Any such
waiver will be in writing and renewed annually. Any application for waiver or
renewal will be accompanied by a medical certificate required by rule
005.02.
010.01D Each
carrier will retain articles left in vehicles by passengers for not less than
thirty (30) days. Upon request from any passenger, the carrier will make a
reasonable search for any article believed to have been left in a vehicle.
010.01E
TRIP
LOG: All carriers will maintain a trip log which contains the
information prescribed in this section. Such log will be completed following
the delivery of the passenger to his or her destination and signed by the
driver. The Commission may, upon application and written approval, allow for
electronic filing and storing of the information required in this section
provided that all of the information herein prescribed is included except that
the full name of the driver may be filed in place of the signature. All records
required by this section will be retained by the carrier for a period of two
(2) years from the date of the transportation of the passenger.
010.01E1 The name of the individual engaging
or hiring the vehicle and his or her address.
010.01E2 The address of the point where the
passenger was picked up and the point of destination and the times they
occurred.
010.01E3 The amount
charged and collected.
010.01F
RECEIPT:
Upon demand of any passenger, a receipt for services will be given at the time
of payment. Such receipt will contain the name of the company, the name of the
operator, the vehicle fleet number, the total amount paid, and the date of
payment.
010.01G
COMPLAINTS: Every vehicle will have a notice posted,
clearly legible and visible from the passenger compartment, which reads:
"DIRECT COMPLAINTS REGARDING THE OPERATION OF THIS VEHICLE
TO:
The Nebraska Public Service Commission
300 The Atrium, 1200 N Street
Lincoln, Nebraska 68508
1-800-526-0017 (Nebraska)
1-402-471-3101 (Lincoln)"
010.02
PROVISIONS APPLICABLE ONLY
TO THOSE CARRIERS PROVIDING TAXICAB SERVICE: The following
provisions apply only to those carriers who are authorized to provide taxicab
service:
010.02A If a person applies for
carriage and is willing and able to tender the fare, the operator will convey
such person to his or her destination subject to rule 010.01B or unless the
vehicle is already engaged.
010.02B
Operators may solicit passengers only at taxicab stands established by the
city, while seated in the driver's seat, or while standing beside the vehicle.
Passengers will not be solicited by outcries or hawking.
010.02C Carriers will comply with all
applicable municipal ordinances relating to the qualification of taxicab
operators which are not in conflict with these rules.
010.02D The number of passengers carried by a
vehicle will not exceed seven persons, including the driver, or the rated
capacity of such vehicle as prescribed by the maker of the vehicle, whichever
is smaller. Except for transportation provided under contract with the Nebraska
Department of Health and Human Services, whenever any vehicle is occupied by a
passenger or passengers, the operator will not permit any other person to
occupy the vehicle except with the consent of the first passenger or
passengers. Passengers will be informed of this provision by a card, posted
inside the vehicle, stating the schedule of rates and charges for the vicinity
in which the vehicle is operated and in the following form:
"FOR YOUR PROTECTION:
You, as the first passenger in this taxicab, are the one to
decide who will ride with you. Unless it is at your request or with your
consent, this cab driver is prohibited by law from accepting additional
passengers. Schedule of rates authorized for taxicabs operating in (Name of
Town) is (Copy from commission order setting rates for that vicinity).
(Name of Company)"
010.02D1 Service will not be denied to the
first passenger or passengers due to refusal to grant consent to transport
additional passengers on the trip.
010.02D2 If several individuals that have
boarded a taxicab at one location choose to be transported to a single common
destination, the driver of the taxicab will charge the party at rates approved
by the Commission as if the passengers are all members of the same
party.
010.02E Each
vehicle will be operated over the most direct route from point of passenger
pickup to the point of destination of passengers.
010.02F Each carrier will have its full or
trade name and assigned application number permanently placed on each side of
the vehicle in letters at least two inches (2") high. The word "taxicab" will
also appear conspicuously on the sides of the vehicle unless the word "cab",
"taxi" or "taxicab" is included within the name of the carrier. The fleet
number of each vehicle will be displayed in figures not less than two inches
(2") high in the forward part of the passenger compartment and also on the
sides and rear of each vehicle. None of the markings described in this rule
will be placed on any glass or on the bumper of the vehicle.
010.02G Each vehicle will be equipped with:
010.02G1 A dome light within the passenger
compartment of the vehicle capable of being turned on or off by passengers, or
controlled by operation of the doors.
010.02G2 An identity light attached to the
top of the vehicle. The light will be in one unit consisting of an illuminated
plate or cylinder upon which is printed the word "taxicab", "taxi", "cab", "for
hire", or the owner's trade name. The size of such light will not exceed eight
inches (8") in height nor twenty-three inches (23") in length. Loaded or bug
lights may be attached to the upper portion of a vehicle. If used, such lights
will be smaller than the identity light and will be illuminated when the
vehicle is engaged.
010.02H A carrier which operates in
municipalities of fifteen thousand (15,000) persons or more, as determined by
the official U.S. Census, or between municipalities not more than five (5)
miles apart, whose aggregate population exceeds fifteen thousand (15,000)
persons, will equip its vehicles with a taximeter or a taxi soft meter. The
Commission may, at any time, require any carrier operating in any community of
less than fifteen thousand (15,000) persons to equip its vehicles with a
taximeter or a taxi soft meter. Taximeters and taxi soft meters are subject to
the following specifications:
010.02H1 No
taximeter will be operated without first having been inspected, tested,
approved and sealed by the Commission or a duly authorized representative of
the taxicab company.
010.02H2 Each
meter will be sealed during the time the vehicle is in the service of the
taxicab carrier
010.02H2(a) Taximeters will
be sealed with either a wire and lead seal bearing the letters "NPSC," or, at
the discretion of the Commission representative, with a sticker bearing the
letters "NPSC." This seal will be affixed only by a person duly authorized by
the Commission.
010.02H2(a) Taxi
soft meters will be physically secured in each vehicle and password protected
that enable only an authorized representative of the company to program the
taxi soft meter remotely. Taxi drivers may not have access to or program taxi
soft meters. Taxi soft meters will be considered sealed upon written approval
from the Commission.
010.02H3 Commission approved rates will be
programmed into each taxi soft meter.
010.02H3(a) Programmed rates may only be
changed by an authorized representative of the company who has central password
protected access to program rates for all taxi soft meters in the
fleet.
010.02H3(b) Hardware and
Software provisions must be in place that prevent a taxi driver from changing
the programmed rates or modifying how the taxi soft meter works.
010.02H3(c) Each company will have access to,
and provide to the Commission upon request, a change log that provides a
persistent audit trail or rates that are charged and historical rate changes
that have been made identifying the person(s) who made them.
010.02H3(d) Any Hardware or Software changes
and/or upgrades must not affect the way programmed rates are calculated. If the
calculation of programmed rates is affected, the company must have the taxi
soft meter reevaluated according to 010.02H1.
010.02H4 taxi soft meters must provide
passengers with a generated receipt pursuant to rule 010.01F.
010.02H5 Taximeters will be mounted and
connected to the transmission or speedometer in an approved manner. Taxi soft
meters shall be mounted or affixed to the vehicle interior to the right of the
driver, and physically secured in the vehicle by hardware. Where mounted on the
dashboard of a vehicle, the meter will be located so as not to obstruct the
view of the operator or cause undue hazard to passengers. All taximeters and
taxi soft meters will be placed so that the dial or faceplate showing the
amount charged is well lighted and readily visible to passengers riding in the
vehicle.
010.02H6 Periodic tests of
meters will be made by the Commission. A meter with an error in registration
not exceeding three percent (3%) of the distance covered by each meter drop
will be considered correct and accurate. Otherwise, the requirements for
approval of, and methods for, testing the taximeters will conform to
specifications established by the National Bureau of Standards.
010.02H7 After a meter has been tested,
approved and sealed, a different tire size will not be affixed to the vehicle
without re-testing the meter.
010.02I Each vehicle will be equipped with a
device visible to the public from the outside of the vehicle which indicates
whether it is in service or for hire and a device visible to a passenger inside
which indicates whether the taximeter is in position to record a
fare.
010.02J Each operator will be
identified by a card, displayed in full view of the passengers, bearing the
name and photograph of the operator and the taxicab carrier's
address.
010.02K No vehicle will be
equipped with shades, curtains, or window-tinting which shields the occupants
or the operator from observation.
010.03
PROVISIONS THAT APPLY TO
THE TRANSPORTATION CONTRACTORS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND LIKE AGENCIES: A contractor of the Nebraska Department of
Health and Human Services, hereinafter, the Department, or any of the agencies
contracting with the Department, or for any agency organized under the Nebraska
Community Aging Services Act, who is not certificated or permitted by the
Commission providing transportation for the Department or such agencies will
certify on a form provided by the Commission that the provider meets the
minimum operator standards, insurance requirements and equipment standards
prescribed by the Commission in these rules.
010.03A
DRIVER
REQUIREMENTS: A Department transportation provider must certify
that:
010.03A1 The person is the individual
who will personally drive the vehicle in question.
010.03A2 The person is at least nineteen (19)
years of age or an emancipated minor.
010.03A3 The person possesses a current
operator's permit issued by any state.
010.03A4 The person has knowledge of Nebraska
state and local traffic rules and the rules of the road.
010.03A5 The person has no more than three
(3) points assigned against their driver's license.
010.03A6 The person will not smoke in the
vehicle.
010.03A7 The person is
competent to conduct the service carefully and dependably.
010.03A8 The person does not use illegal
drugs.
010.03A9 The person is not
aware of any mental or physical limitation which would impose a threat to the
health or well-being of the passengers.
010.03B
INSURANCE: A
Department provider must maintain the minimum automobile liability insurance
coverage as required by these rules and state law.
010.03C
EQUIPMENT
STANDARDS: A Department transportation provider must certify that:
010.03C1 The person has current and valid
plates and registration.
010.03C2
The person will ensure that each vehicle will, at all times, be kept in proper
physical and mechanical condition including, but not limited to, operable seat
belts, turn signals, lights and horn, child passenger restraint devices as
required by law, and comfortable temperature and ventilation conditions.
010.03D
SELF-CERTIFICATION: All such self-certification
filings will be made with the Commission and filed for record and be available
for p140ublic inspection during the regular business hours of the Commission.
Such filings will be continuous in nature unless canceled by the Department.
010.03E The Commission will, upon
application of any certificated motor carrier or the Department, hear any
dispute between the same with regard to the contested ability of the motor
carrier to provide a specific service in a given case. The parties may agree to
an informal conference between the carrier, the Department, and the Commission
to facilitate a mutually agreeable resolution. If the parties cannot come to an
agreement, either party may file a formal complaint with the Commission in a
manner provided for in the rules of Commission procedure.