ARTICLE I. IN GENERAL

30-1 Definitions.

The administration office or vehicle for hire administration office is the office within the city responsible for administering this vehicle for hire ordinance.

The airport is the Burlington International Airport and all other properties owned, operated, leased or controlled by the airport, including all parking facilities.

Airport ground transportation personnel is the person(s) appointed by the airport or with whom the airport contracts to assist in the enforcement of airport and vehicle for hire regulations and to provide assistance to the traveling public.

An applicant is an individual or other legal entity seeking a license from the city to operate a vehicle for hire or vehicle for hire business in the City of Burlington and/or at the airport.

The board is the City of Burlington vehicle for hire licensing board created in Section 30-4.

A business license is a license issued by the city pursuant to this chapter granting permission to a person, persons, or entity to operate a vehicle for hire or a vehicle for hire company within the city or at the airport.

The city is the municipal corporation of the City of Burlington, Vermont.

Courtesy vehicle is a motor vehicle that carries persons between the airport and off-airport businesses such as valet parking lots, hotels, motels, and rental car companies, for which the passengers pay no direct charge, or car dealer courtesy vehicles. These are not vehicles for hire.

A driver is a person who operates a vehicle for hire in the city or at the airport.

Dynamic market or surge pricing is defined as a pricing strategy that sets highly flexible prices for products or services based on a current market demands.

A licensee is the holder of a license granted pursuant to this chapter.

Out of service order is an order issued by the board which requires (1) a licensee to cease operations of a vehicle for hire when it is determined that the licensee, its vehicle, and/or its driver does not meet the requirements of this chapter or (2) a TNC to disallow a TNC driver from accessing the TNC’s digital network when a TNC driver and/or vehicle does not meet the requirements of this chapter.

A passenger is any individual or group of individuals who have hired or attempted to hire a vehicle for hire for travel to any destination.

Prearrangement is an agreement made between a licensee or its driver and a passenger following a request for transportation but in advance of entering a vehicle for hire. The request must be made by contacting the vehicle for hire provider or the provider’s digital network via telephone, software application, website, or other method of communication, prior to the passenger’s accessing transportation services.

Roof light is an exterior light affixed to the roof of a vehicle for hire operating as a taxicab that is covered with a translucent fixture marked with the word "taxi," "taxicab," or "cab," or the company name.

Street hail means to access a vehicle for hire without prearrangement, on the street or at a taxi stand.

Suspension is the temporary recall of a license issued under this chapter for a specified period of time.

A taxicab is a vehicle for hire with a roof light and taximeter that is designed to accept street hails, as well as prearranged passengers, and that may carry no more than the number of passengers intended by the vehicle manufacturer, for a fee, on call or demand. A vehicle used to provide transportation network company services is not a taxicab.

A taximeter is an instrument or device approved by the board by which the fare for passengers of taxicabs picking up street hails is automatically calculated and plainly indicated.

Transportation network company or TNC is a vehicle for hire business that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. The vehicles used to provide transportation network company services are vehicles for hire for purposes of this chapter.

Transportation network company (TNC) driver means an individual who (1) receives connections to potential passengers and related services from a TNC in exchange for payment of a fee to the TNC and (2) operates a motor vehicle that is owned, leased or otherwise authorized for use by the individual and used to provide TNC services. A TNC shall not be deemed to control, direct or manage the personal vehicle or the TNC driver that connects to the TNC’s digital network except where agreed to by written contract.

Transportation network company (TNC) services is transportation of a passenger or passengers 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.

A vehicle for hire is a passenger vehicle transporting passengers for compensation of any kind. Vehicles for hire include taxicabs, TNC vehicles, limousines, jitneys, car services, contract vehicles, shuttle vans, and other such vehicles transporting passengers for compensation of any kind, except:

(1)    Those which an employer uses to transport employees;

(2)    Those which are used primarily to transport elderly, special needs and handicapped persons for whom special transportation programs are designed and funded by state, federal, or local authority or otherwise exempted pursuant to 23 V.S.A. § 4(15);

(3)    Buses, trolleys, trains, or other similar mass transit vehicles; or

(4)    Courtesy vehicles for which the passenger pays no direct charge, such as hotel or car dealer shuttle vans.

Vehicle for hire company is any business entity that owns, operates, controls, dispatches, or otherwise deals with vehicles for hire, including a TNC.

(Ord. of 2-16-16)