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Taxi and Limousine Commission

News about the Taxi and Limousine Commission. Commentary and archival information about the Taxi and Limousine Commission from The New York Times.

49 USC § 5302

(7) Mass Transportation. The term “mass transportation” means public transportation.

(14) Public transportation.— The term “public transportation”—

(A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and
(B) does not include—
(i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons of one or more specific establishments; or
(vii) intra-terminal or intra-facility shuttle services.

(21) Transit. The term “transit” means public transportation.

Competition definition: Competition is a fight in order to control a specific market by using all legal rules that are not conflicting with the constitution or/and the U.N. Universal Declaration Of Human Rights.

Destructive competition definition:

In dictionary.com, the American Heritage® New Dictionary of Cultural Literacy, Third Edition

Defined destructive competition as competition that forces several producers out of the market. Destructive competition usually occurs when there are so many producers of a product that prices are driven down to the point where no one makes a profit. It can also happen if a single producer is significantly wealthier than other producers and can afford to cut prices drastically until the other producers are driven out of business.

Producer definition: Producer is a person, company, organization or country that makes, produces, or supplies goods, services or commodities for sale to the public or a specific market.

 

License Definition: According to Black’s Law Dictionary, Third Edition, in Constitutional law and in the law of contracts, the legal definition of a license is a permission accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort.  A permit or privilege to do what otherwise would be unlawful.

 

Darnay, quoted on the US Legal website, stated that “a license is simply the right to do or to use something.  Licenses divide into three basic forms:

 

  1.  The right or permission to carry out an activity otherwise regulated or prohibitedgovernment [some examples are driver’s license, boat license, CDL license, license plate, Bar license, occupational license in the sense of occupying a store or an office or a business or using a motor vehicle to carry people or goods  for profit, etc.];
  2.  The right to use a name, image, including representation (including a brand) in packaging, promotion, signage, marketing, and similar contexts; [a few examples are trademark, supermarket, retailer, etc.] and
  3.  The right to use and apply proprietary know-how, whether patented or not, for any legal purpose, including its integral embodiment in products.”  [Examples are Pepsi Cola, Coca-Cola, Palmolive, Toyota, McDonald, intellectual property, patents, etc]
    [Italicized words are not from the quote;  they are inserted for explanation.]

 

Occupational license Definition: an occupational license is a permission accorded by a competent authority that gives someone the right to use a specific space (exact address) or a motor vehicle or a water craft or an aircraft or a train in order to do business. 

 

Taxi occupational license Definition:  Taxi occupational license known as taxi for-hire license or taxi medallion is a permission accorded by a competent authority that gives a cab driver the right to use a motor vehicle in order to carry people and goods for compensation. Be advised that, in “Ghaleb Ibrahim vs City of Milwaukee”, the Courts ruled: “Taxi medallions are unconstitutional” and “Taxi cab caps are unconstitutional”.

 

Professional license Definition: A professional license is an official or legal permission accorded most of the time by a State (If you live in the US) or a competent (local) authority that gives someone the right to engage in a regulated activity. Example: bar license for attorney, teaching license for school teacher, insurance license for insurance agent, hack license for taxi-cab driver.

 

Taxi dispatching service:  Taxi dispatching is a service that assigns and connects to passenger(s) a motor vehicle of not more than eight seating capacity and with a professional driver via two way radio, citizens band radio known as CB radio, phone call, text message, mobile web application technology, fax, mobile social networking, internet-enabled technology, computer, World Wide Web, application software technology, digital platform and/or other forms of communication systems in order to provide transportation and taxi-cab service.

 

Ridesharing definition:  The American Heritage® Dictionary of the English Language, 5th edition, stated that ridesharing is the act or an instance of sharing motor vehicle transportation with another or others, especially among commuters.  According to Wikipedia, the free encyclopedia ridesharing is the partage or sharing of a motor vehicle by passengers in order to reduce vehicle trips, traffic congestion and automobile emissions. Types of transportation that are considered ridesharing include carpool, vanpool, and transit or public transport.  In addition, ridesharing help commuters and passengers to reduce trip cost and fuel expense.  Transportation Networking Entity vehicles are not ridesharing because they are operating like taxi-cab. Second, riders or passengers can claim money back if drivers make them travel with another passenger without their approval.
Car Service definition:  According to Merriam-Wester dictionary, car service is:
 
1-  The work performed by a railroad car
2-  The supply of cars and subsidiary equipment by one railroad carrier to another or to a shipper

49 USCS § 13101. Transportation policy:

(a) In general. To ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the United States Postal Service and national defense, it is the policy of the United States Government to oversees the modes of transportation and—

(1) in overseeing those modes—

(A) to recognize and preserve the inherent advantage of each mode of transportation;

(B) to promote safe, adequate, economical, and efficient transportation;

(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;

(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;

(E) to cooperate with each State and the officials of each State on transportation matters; and

(F) to encourage fair wages and working conditions in the transportation industry;

(2) in overseeing transportation by motor carrier, to promote competitive and efficient transportation services in order to—

(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property;

(B) promote efficiency in the motor carrier transportation system and to require fair and expeditious decisions when required;

(C) meet the needs of shippers, receivers, passengers, and customers;

(D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;

(E) allow the most productive use of equipment and energy resources;

(F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;

(G) provide and maintain service to small communities and small shippers and intrastate bus services;

(H) provide and maintain commuter bus operations;

(I) improve and maintain a sound, safe, and competitive privately owned motor carrier system;

(J) promote greater participation by minorities in the motor carrier system;

(K) promote intermodal transportation;

(3) in overseeing transportation by motor carrier of passengers—

(A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part [49 USCSC §§ 13101 et seq.];

(B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part [49 USCS §§ 13101 et seq.]; and

(C) to ensure that Federal Reform Act of 1982 are not nullified by State regulatory actions; and

(4) in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade.

(b) Administration to carry out policy. This part [49 USCS §§ 13101 et seq.] shall be administered

and enforced to carry out the policy of this section and to promote the public interest.

(Added Dec. 29, 1995, P. L. 104-88, Title I, § 103, 109 Stat. 853.)

§13506. Miscellaneous motor carrier transportation exemptions

(a) In general. Neither the Secretary nor the Board has jurisdiction under this part [49 USCS §§ 13101 et seq.] over—

(1) a motor vehicle transporting only school children and teachers to or from school;

(2) a motor vehicle providing taxicab service;

(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons

between the hotel and the local station of a carrier;

(4) a motor vehicle controlled and operated by a farmer and transporting—

(A) the farmer’s agricultural or horticultural commodities and products; or

(B) supplies to the farm of the farmer;

(5) a motor vehicle controlled and operated by a cooperative associations (as defined by section

15(a) of the Agricultural Marketing Act (12 U.S.C 1141j(a))) or by a federation of cooperative

associations if the federation has no greater power or purposes than a cooperative association,

except that if the cooperative association of federation provides transportation for compensation

between a place in a State and a place in another State, or between a place in a State and another

place in the same State through another State—

(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter [49 USCS §§ 13501 et seq.])—

(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;

and

(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and

(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;

(6) transportation by motor vehicle of—

(A) ordinary livestock;

(B) agricultural or horticultural commodities (other than manufactured products thereof);

(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);

(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and

(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;

(7) a motor vehicle used only to distribute newspapers;

(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;

(B) transportation of property (including baggage) by motor vehicle as part of a continuous

movement, has been or will be transported by an air carrier or (to the extent so agreed by the

United States and approved by the Secretary) by a foreign air carrier; or

(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of

adverse weather conditions or mechanical failure of the aircraft or other causes due to

circumstances beyond the control of the carrier or shipper;

(9) the operation of a motor vehicle in a national park or national monument;

(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to

and from work;

(11) transportation of used pallets and used empty shipping containers (including intermodal cargo

containers), and other used shipping devices (other than containers or devices used in the

transportation of motor vehicles or parts of motor vehicles);

(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;

(13) transportation of wood chips;

(14) brokers for motor carriers of passengers, except as provided in section 13904(d); or

(15) transportation of broken, crushed, or powdered glass.

(b) Exempt unless otherwise necessary. Except to the extent the Secretary or Board, as applicable, finds it necessary to exercise jurisdiction to carry out the transportation policy of section 13101,

neither the Secretary nor the Board has jurisdiction under this part [49 USCS §§ 13101 et seq.] over—

(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone

that is adjacent to, and commercially a part of, the municipality or municipalities, except—

(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or

(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from jurisdiction under this part [49 USCS §§ 13101 et seq.] only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;

(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or registration issued, under this part [49 USCS §§ 13101 et seq.]; or

(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.

 

49 USCS § 13102

In this part, the following definitions shall apply:

(1) Board.— The term “Board” means the Surface Transportation Board.

(2) Broker.— The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.

(3) Carrier.— The term “carrier” means a motor carrier, a water carrier, and a freight forwarder.

(4) Contract carriage.— The term “contract carriage” means—

(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and

(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101 (b).

(5) Control.— The term “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by—

(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or

(B) any other means.

(6) Foreign motor carrier.— The term “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)—

(A)

(i) that is domiciled in a contiguous foreign country; or

(ii) that is owned or controlled by persons of a contiguous foreign country; and

(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).

(7) Foreign motor private carrier.— The term “foreign motor private carrier” means a person (including a motor private carrier but excluding a motor carrier of property)—

(A)

(i) that is domiciled in a contiguous foreign country; or

(ii) that is owned or controlled by persons of a contiguous foreign country; and

(B) in the case of a person that is not a motor private carrier, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).

 

(8) Freight forwarder.— The term “freight forwarder” means a person holding itself out to the general public (other than as a pipeline, rail, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business—

(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;

(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and

(C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle.

The term does not include a person using transportation of an air carrier subject to part A of subtitle VII.

(9) Highway.— The term “highway” means a road, highway, street, and way in a State.

(10) Household goods.— The term “household goods”, as used in connection with transportation, means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is—

(A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or

(B) arranged and paid for by another party.

(11) Household goods freight forwarder.— The term “household goods freight forwarder” means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles.

(12) Household goods motor carrier.—

(A) In general.— The term “household goods motor carrier” means a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services:

(i) Binding and nonbinding estimates.

(ii) Inventorying.

(iii) Protective packing and unpacking of individual items at personal residences.

(iv) Loading and unloading at personal residences.

(B) Inclusion.— The term includes any person that is considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration that are in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005.

(C) Limited service exclusion.— The term does not include a motor carrier when the motor carrier provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the motor carrier).

(13) Individual shipper.— The term “individual shipper” means any person who—

(A) is the shipper, consignor, or consignee of a household goods shipment;

(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;

(C) owns the goods being transported; and

(D) pays his or her own tariff transportation charges.

(14) Motor carrier.— The term “motor carrier” means a person providing motor vehicle transportation for compensation.

(15) Motor private carrier.— The term “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when—

(A) the transportation is as provided in section 13501 of this title;

(B) the person is the owner, lessee, or bailee of the property being transported; and

(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.

(16) Motor vehicle.— The term “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Secretary, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service.

(17) Noncontiguous domestic trade.— The term “noncontiguous domestic trade” means transportation subject to jurisdiction under chapter 135 involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States.

(18) Person.— The term “person”, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person.

(19) Pre-arranged ground transportation service.— The term “pre-arranged ground transportation service” means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver).

(20) Secretary.— The term “Secretary” means the Secretary of Transportation.

 

(21) State.— The term “State” means the 50 States of the United States and the District of Columbia.

(22) Taxicab service.— The term “taxicab service” means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—

(A) is licensed as a taxicab by a State or a local jurisdiction; or

(B) is offered by a person that—

(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and

(ii) does not primarily provide transportation to or from airports.

 

(23) Transportation.— The term “transportation” includes—

(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and

(B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.

(24) United states. — The term “United States” means the States of the United States and the District of Columbia.

(25) Vessel. — The term “vessel” means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water.

(26) Water carrier. — The term “water carrier” means a person providing water transportation for compensation.

(27) Over-the-road bus. — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

 

USCS § 13506, n 8

Municipal ordinance providing for regulation of public passenger vehicles for hire is invalid in so far as it requires corporation, organized at request of interstate railroads for purpose of transporting passengers between railroad stations within city, to secure certificate of convenience and necessity before it can operate; provisions of Interstate Commerce Act which establish motor vehicle service between railroad terminals as integral part of interstate transportation subject to regulation under the Interstate Commerce Act preclude municipality from exercising veto power over such transfer service when performed by the railroads or their chosen agents. Chicago v Atchison, T. & S. F. R. Co. (1958) 357 US 77, 2 L Ed 2d 1174, 78 S Ct 1063 (ovrld on other grounds as stated in Harrington v Bush (1977, App DC) 180 US App DC 45, 553 F2d 190).

Under Interstate Commerce Act, city ordinance which establishes comprehensive scheme for licensing public passenger vehicles, providing criminal sanctions for operation without license and requiring that licensee maintain its principal place of business in city, employ only city residents as drivers, file annual detailed financial reports, and open its books and records for city inspection, cannot be validly applied to transfer service company engaged, under contract with railroads, in transporting interstate railroad passengers by motor vehicles between rail terminals in city. Railroad Transfer Service, Inc. v Chicago (1967) 386 US 351, 18 L Ed 2d 143, 87 S Ct 1095.