Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 20. Regulation of Passenger Carriers
5/26/2022

Article 3. Taxicabs.

§ 46.2-2059. Permit required for taxicab service.

It shall be unlawful for any taxicab or other motor vehicle performing a taxicab service to operate on an intrastate basis on any public highway in the Commonwealth outside the corporate limits of incorporated cities or towns without first obtaining from the Department a permit in accordance with the provisions of this chapter.

2001, c. 596.

§ 46.2-2059.1. Repealed.

Repealed by Acts 2017, c. 528, cl. 2, effective March 16, 2017.

§ 46.2-2060. Limitations on advertising.

Within the jurisdictions of Planning District Number Eight, no person shall use the term "taxi" or "taxicab" in any advertisement, sign, or trade name, or hold himself out by means of advertising, signs, trade names, or otherwise as an operator of a taxicab or other motor vehicle performing a taxicab service as defined by § 46.2-2000, unless he complies with the requirements of § 46.2-2059 and any county, city, or town ordinance adopted pursuant to § 46.2-2062. This statute, however, shall not preempt, supersede, or affect in any way the authority of the governing body of any county, city, or town to issue local ordinances under §§ 46.2-2062 through 46.2-2067.

2001, c. 596.

§ 46.2-2061. Article does not make taxicab operators common carriers.

Nothing in this article shall be construed to make or constitute operators of taxicabs or other motor vehicles performing a taxicab service common carriers.

2001, c. 596.

§ 46.2-2062. Regulation of taxicab service by localities; rates and charges.

A. The governing body of any county, city or town in the Commonwealth may by ordinance regulate the rates or charges of any motor vehicles used for the transportation of passengers for a consideration on any highway, street, road, lane or alley in such county, city or town, and may prescribe such reasonable regulations as to filing of schedules of rates, charges and the general operation of such vehicles; provided that, notwithstanding anything contained in this chapter to the contrary, such ordinances and regulations shall not prescribe the wages or compensation to be paid to any driver or lessor of any such motor vehicle by the owner or lessee thereof.

B. In considering rates or charges pursuant to this section, or financial responsibility as provided by this chapter, the governing body may require the owner or operator to submit such supporting financial data as may be necessary, including federal or state income tax returns for the two years preceding, provided that the governing body shall not require any owner or operator to submit any audit more extensive than that conducted by such owner or operator in the normal course of business. Such financial data shall be used only for consideration of rates or charges, or to determine financial responsibility, and shall be kept confidential by the governing body to which it has been submitted. Nothing in this subsection shall make confidential any certificate of insurance, bond, letter of credit, or other certification that the owner or operator has met the requirements of this chapter or of any local ordinance with regard to financial responsibility.

C. Notwithstanding the provisions of § 3.2-5620, in the absence of any specifications, tolerances, and regulations for software-based taximeter technology published in the National Institute of Standards and Technology Handbook 44, any county, city, or town that has adopted an ordinance regulating taxicabs as provided in subsection A may authorize the use of software-based devices that utilize GPS or other measurement data in the calculation of time-and-distance fares for taxicab service.

2001, c. 596; 2007, c. 238; 2017, c. 528.

§ 46.2-2063. Locality license and payment of locality license tax may be required.

The governing body of any county, city, or town may require a license for and impose upon and collect a license tax from every person, firm, association, or corporation that operates or intends to operate in such county, city, or town any taxicab or other motor vehicle for the transportation of passengers for a consideration. The tax may be upon each such motor vehicle so operated. The governing body of the county, city, or town may by ordinance provide for levying and collecting the tax and may impose penalties for violations of the ordinance and for operating any such vehicle without obtaining the required license. Any person accepting a license issued under authority of this section and operating a taxicab business based in a county, city or town shall be subject to the provision that any complaint relating to taxicab service in the Commonwealth shall be resolved under the license regulations of the county, city, or town from which that person obtained a taxicab license.

2001, c. 596.

§ 46.2-2064. When local license may not be required.

No such county, city or town shall require a license or impose a license tax for the operation of any such motor vehicle for which a similar license is imposed or tax levied by the county, city or town of which the owner or operator of the motor vehicle is a resident, except that such license may be required and such license tax imposed by any such county, city, or town for the operation of any such motor vehicle if the owner, lessee, or operator thereof maintains a taxicab stand or otherwise solicits business within such county, city, or town; nor, except as herein expressly authorized, shall more than one county, city or town impose any such license fee or tax on the same vehicle. This article shall not be construed to apply to common carriers of persons operating as public carriers by authority of the Department of Motor Vehicles or under a franchise granted by any county, city, or town.

2001, c. 596.

§ 46.2-2065. Local regulation of qualifications of operators; stands.

The governing body of any county, city, or town may prescribe such reasonable regulations as to the character and qualifications of operators of any such vehicle as they deem proper and may provide for the designation and allocation, by the sheriff or chief of police, of stands for such vehicles and the persons who may use the same.

2001, c. 596.

§ 46.2-2066. Penalty for violation of provisions of article or regulations.

Every owner or operator of a motor vehicle used as a vehicle for the transportation of persons for a consideration on any highway, street, road, lane or alley in any county, city or town who violates any of the provisions of this article or regulations of a governing body made pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $100 for the first offense and not more than $500 for each subsequent offense.

2001, c. 596.

§ 46.2-2067. Local regulation of number of taxicabs.

A. It is the policy of this Commonwealth, based on the public health, safety and welfare, to assure safe and reliable privately operated taxicab service for the riding public in this Commonwealth; and in furtherance of this policy, it is recognized that it is essential that counties, cities and towns be granted the authority to reasonably regulate such taxicab service as to the number of operators and the number of vehicles that shall provide such service and regulations as to the rates or charges for such taxicab service, even though such regulations may have an anti-competitive effect on such service by limiting the number of operators and vehicles within a particular jurisdiction.

B. The governing body of any county, city, or town in the Commonwealth may regulate by ordinance and limit the number of taxicab operators and the number of taxicabs within its jurisdiction in order to provide safe and reliable privately operated taxicab service on any highway, street, road, lane or alley in such county, city, or town. The governing body may promulgate such reasonable regulations to further the provisions of this section including, but not limited to, minimum liability insurance requirements. However, such ordinances and regulations shall not prescribe the wages or compensation to be paid to any driver or lessor of any such motor vehicle by the owner or lessee thereof; nor shall such ordinances and regulations authorize the governing body to reduce the number of taxicabs permitted to be operated by a taxicab operator or a holder of a certificate issued under such ordinance, other than for non-use of such taxicabs or for cause as defined by such ordinance, including instances where there is a decrease in the demand for taxicab service. Further, such ordinances and regulations shall not impose (i) regulatory requirements concerning claims settlement practices beyond those imposed by § 46.2-2056 or (ii) financial requirements to qualify as a self-insurer beyond those imposed by § 46.2-2053 on any taxicab operator who, in lieu of filing an insurance policy or surety bond, has qualified as a self-insurer pursuant to § 46.2-2053 by depositing with the State Treasurer state, federal or municipal bonds or has filed an unconditional letter of credit issued by a bank. Nothing herein shall be construed to affect or control the authority of counties, cities or towns to set the amount, if any, of locally established liability insurance requirements that may be met by a program of self-insurance.

2001, c. 596; 2012, cc. 35, 105.