§ 585.01. Definitions  


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  • When used in Chapters 585 through 594 of the Columbus City Code:

    (a)

    "Board" shall mean the Vehicle for Hire Board as created by Section 585.03 of the Columbus City Code.

    (b)

    "Director" shall mean the Director of Public Safety, or the Director's designee.

    (c)

    "License" shall mean an official document issued by the Department of Public Safety authorizing operation of a licensed taxicab, livery, pedicab, horse drawn carriage transportation network company, or any other vehicle for hire on the streets of the city.

    (d)

    "License Section" shall mean the Department of Public Safety, Division of Support Services, License Section and is further defined in Sections 501.02 and 501.03 of the Columbus City Code.

    (e)

    "Suspend" shall mean to temporarily deprive a licensee of rights or privileges under a license for a period not to exceed ninety (90) days.

    (f)

    "Revoke" shall mean to terminate all rights or privileges under a license for a period not to exceed ninety (90) days after which the individual must reapply for a license.

    (g)

    "Permanently revoke" shall mean to terminate all rights and privileges under a license for a period of ninety (90) days or greater and to render the holder of a license ineligible to reapply for said license.

    (h)

    "Vehicle for hire" shall mean any passenger vehicle engaged in the transportation of person(s) with the intent to receive direct or indirect compensation that is determined by mutual agreement, by contract, by mileage, or by the length of time the vehicle is used for providing such transportation. A vehicle for hire shall not include a vehicle providing transportation network company services.

    (i)

    "Vehicle for hire owner" shall mean every corporation, limited liability corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, or managing any vehicle for hire. However, a vehicle for hire driver, driving a vehicle for hire pursuant to a contract of employment or a lease arrangement with the holder of a license for such vehicle, shall not be deemed a "vehicle for hire owner". A transportation network company driver shall not be deemed a vehicle for hire owner.

    (j)

    "Vehicle for hire driver" shall mean the individual driving, operating or in physical control of the vehicle for hire.

    (k)

    "Taxicab" shall mean all public passenger motor vehicles carrying passengers for hire, gift, donation or other consideration either direct or indirect on the streets of the city, where the route traveled and trip destination are controlled by the passenger and at a charge or fare based upon time and mileage as recorded and indicated on a taximeter. The term "taxicab" includes all motor vehicles that are used as taxicabs, cabs or for-hire cars, and engaged as such in the transport of passengers for hire, gift, donation or other consideration, either direct or indirect, and shall exclude transportation network company vehicles.

    (l)

    "Taxicab owner" shall mean every corporation, limited liability company, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any taxicab. A taxicab driver, driving a taxicab pursuant to a contract of employment or a lease arrangement with the holder of a license for such taxicab, shall not be deemed a "taxicab owner".

    (m)

    "Taxicab driver" shall mean the individual driving, operating or in physical control of a taxicab.

    (n)

    "Taximeter" shall mean an instrument or device attached to a taxicab which measures mechanically or electronically the distance driven and the waiting time upon which the fare is based.

    (o)

    "Waiting time" shall mean any time a taxicab is engaged or hired by a passenger but not in motion.

    (p)

    "Livery vehicle" shall mean:

    (1)

    A limousine or an at least four (4) door passenger vehicle not equipped with a taximeter and for hire only by prearrangement, provided that such livery vehicles do not drive in search of patronage or park on any public street, or place of assemblage to solicit patronage not prearranged;

    (2)

    Rental vehicles for use in the performance of the business of a limousine company; and

    (3)

    Any other vehicle for hire not equipped with a taximeter and for hire only by prearrangement. This is intended to cover omnibuses and other vehicles not otherwise covered by the Columbus City Code.

    (q)

    "Prearranged" when used in connection with a livery vehicle shall mean an agreement to provide transportation by registration through phone dispatch or an online application in advance of boarding from a specific location at an agreed upon rate. "Prearranged" when used in connection with a transportation network company (TNC) shall mean the provision of transportation by a TNC driver to a TNC rider, beginning when a driver accepts a ride requested through a digital network controlled by a TNC, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the TNC driver's personal vehicle. A prearranged ride does not include transportation provided using a Taxicab.

    (r)

    "Omnibus" shall mean a motor vehicle designed to carry sixteen (16) or more passengers.

    (s)

    "Scheduled limousine" or "shuttle vehicles" shall mean an omnibus or similar vehicle operated over an established route and on a regular schedule, regardless of whether passengers are present for pickup or not. This type of service will generally be provided pursuant to a contract for a prearranged service. The rate charged shall be a flat fee charged equally to all locations on the route regardless of time or distance traveled. Scheduled limousines shall not be sedans or station wagons. These vehicles will comply with the licensing requirements established in Chapter 593 for liveries.

    (t)

    "Livery chauffeur" shall mean the individual driving, operating or in physical control of a livery vehicle.

    (u)

    "Pedicab" shall mean a bicycle upon which a person may ride, propelled by human power through a belt, chain or gears, or powered by electronic assist, and constructed in such a manner as to engage in the business of carrying passengers for hire, gift, donation or other consideration either direct or indirect on the streets of the city, where route traveled and trip destination are controlled by the passenger.

    (v)

    "Bicycle" shall have the same meaning as defined in Section 2101.04 of the Columbus City Code.

    (w)

    "Pedicab driver" shall mean the individual driving, operating or in physical control of a pedicab.

    (x)

    "Horse carriage" shall mean a horse drawn vehicle or carriage operating in such a manner as to engage in the business of carrying passengers for hire, gift, donation or other consideration either direct or indirect on the streets of the city, where route traveled and trip destination are controlled by the passenger.

    (y)

    "Wheelchair specialty vehicle" shall mean a motor vehicle that is specifically designed, constructed, or modified and equipped and is intended to be used for the transportation of persons who require use of a wheelchair.

    (z)

    "Contract vehicle" shall mean a vehicle providing for hire transportation by a written contract agreement with an entity, not the passenger, and when the contract entity compensates the for-hire service and no compensation is accepted from the passenger. A contract vehicle shall not engage in cruising or operating on demand service or accept other passengers not covered by the contract.

    (aa)

    "Church bus" shall mean a vehicle owned by a church and used exclusively for church activities and licensed and registered by the state of Ohio as defined in Section 4503.07 of the Ohio Revised Code.

    (bb)

    "Funeral vehicle" shall mean vehicles owned by a funeral director and used exclusively for funeral services or vehicles for hire while being used for funeral services. This does not prohibit a vehicle from being used as a livery vehicle and a funeral vehicle, such vehicle when used as a livery vehicle must be licensed in accordance with Chapters 585 through 594 of the Columbus City Code.

    (cc)

    "Motor bus" shall mean a vehicle owned by a registered common carrier and registered with the Public Utilities Commission of the State of Ohio (PUCO), and operated for the purpose of intrastate or interstate commerce on regulated routes or schedules.

    (dd)

    "Hotel and/or motel courtesy vehicles" shall mean a limousine, specialized passenger vehicle, omnibus or similar vehicle operated by a hotel or motel as a courtesy for its patrons or its employees at no cost to its patrons or employees. These vehicles will comply with the licensing requirements established by Chapter 593 for liveries if at any time they carry the general public in violation of this definition.

    (ee)

    "Day care facility and automobile dealer shuttle/bus" shall mean a vehicle operated by a daycare facility or automobile dealer to transport its customers and patrons at no cost to said customers and patrons.

    (ff)

    "Hourly rate" shall be a charge for the actual time consumed in the transportation of passengers together with any waiting time consumed at the direction of the passenger.

    (gg)

    "Special trip" shall mean a trip to and from points of interest for which a rate, approved by the Vehicle for Hire Board, is filed with the Director of Public Safety.

    (hh)

    "Complainant" shall mean a person that has filed a verbal or written complaint against a vehicle for hire owner or driver.

    (ii)

    "Ridesharing agreement" shall mean the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver and includes ridesharing arrangements known as carpools, vanpools, and buspools.

    (jj)

    "Online application" shall mean a web-based application, software, website or system that is used to connect drivers and passengers through prearrangement for the purpose of arranging transportation for passengers for hire, gift, donation, or other consideration, either directly or indirectly.

    (kk)

    "Digital network" means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

    (ll)

    "Transportation network company" or "TNC" shall mean a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to Chapter 588 and operating in Columbus, Ohio that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract. A transportation network company is not a taxicab or vehicle for-hire owner.

    (mm)

    "Personal Vehicle" shall mean a vehicle that is used by a transportation network company driver and is:

    (1)

    Owned, leased, or otherwise authorized for use by the transportation network company driver; and

    (2)

    Not a taxicab or limousine.

    (nn)

    "Transportation network company driver" or "TNC driver" shall mean an individual who operates a motor vehicle who:

    (1)

    Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

    (2)

    Operates a motor vehicle that is:

    (i)

    Owned, leased or otherwise authorized for use by the individual;

    (ii)

    Not a taxicab or vehicle for-hire; and

    (iii)

    Used to provide Transportation Network Company Services.

    (oo)

    "Transportation network company rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

    (pp)

    "Transportation Network Company (TNC) Services" shall mean transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network or software application. TNC Services shall begin when a TNC Driver accepts a request for transportation received through the TNC's digital network or software application service, continue while the TNC Driver transports the passenger in the TNC Driver's vehicle, and end when the passenger exits the TNC Driver's vehicle. TNC Service is not taxicab, for-hire vehicle or street hail service.

    (qq)

    "Compensation" shall mean any form of payment received in exchange for providing a service.

    (rr)

    "Direct Compensation" shall mean any monetary compensation received in exchange for providing a service.

    (ss)

    "Indirect Compensation" shall mean any non-monetary compensation received in exchange for providing a service.

(Ord. No. 1548-2013, § 1, 7-1-2013; Ord. No. 2929-2013, § 1, 12-16-2013; Ord. No. 1377-2014, § 1, 7-21-2014; Ord. No. 3009-2015 , § 1, 1-11-2016; Ord. No. 0249-2016 , § 1, 1-25-2016)