Wherever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:

“Cruise or cruising” means the movement or standing of a taxicab on a public highway in the County for the purpose of searching for or soliciting a prospective passenger.

“Director” means the director of finance of the County of Maui.

“Fixed taxistand” means a space set aside for the exclusive use of a taxicab and clearly marked with a sign giving the name of the individual, partnership, corporation, association or other organization using said stand.

“Passenger” means one or more persons employing or engaging a taxicab for hire. Passenger, however, shall not include the operator of the taxicab nor any child under the age of five years not occupying a seating space.

“Taxicab” means any motor vehicle designed to carry seven passengers or less, operating for hire solely on call or demand from a fixed stand within the geographical limits of the County and accepting a passenger with or without baggage for transportation between such points as may be directed by the passenger, the charges for service being based upon the distance traveled, plus waiting time. Taxicab shall not include:

1. Sightseeing buses;

2. Buses employed solely for transportation of school children or teachers;

3. Hotel buses operated solely between steamship piers, airplane terminals or hotels;

4. Chartered motor vehicles; and

5. Motor vehicles rented or hired on a “u-drive” or “drive-yourself” basis.

“Waiting time” means the time during which a taxicab standing at the direction of a passenger. (Ord. 2817 § 1, 1999: Ord. 1571, 1986: Ord. 822 § 1(a), 1975; prior code § 17-1.1)

A. It is unlawful for any person to drive a taxicab without first obtaining a chauffeur’s license and a permit from the director. Such permit shall be placed in a prominent place within the taxicab being driven by the person to whom it was issued. Such permit shall bear a serial number, the name of the person, his address and a recent photograph of the person said photograph to be not less than three inches in height and two inches in width. The photograph shall be supplied by the applicant for the permit.

B. No permit shall be issued to any person unless the person shall:

1. Have a reasonable knowledge of the traffic laws of the County;

2. Have a reasonable knowledge of the locations of streets, roads and highways, and of important county and state buildings and places within the County;

3. Be able to speak and understand the English language well enough to converse satisfactorily with English-speaking people; provided, however, that the provisions of this paragraph shall not apply to any applicant whose sole occupation for the past ten-year period prior to the enactment of the ordinance codified in this chapter has been that of a taxicab driver.

C. Every permit issued under this section shall expire unless otherwise revoked or canceled one year after the issuance thereof and shall be renewed on or before its expiration date upon reexamination; provided, however, that the director may in his discretion waive examination upon renewal of such permit. (Ord. 3282 § 1, 2005: Ord. 2817 § 2, 1999: Ord. 1571, 1986: Ord. 1150 §§ 2, 3, 1981; prior code § 17-1.2)

A. Any permit issued pursuant to the provisions of this chapter may be suspended or revoked by a court of competent jurisdiction whenever:

1. The holder of such permit is found to be disqualified by any of the provisions of this chapter;

2. The holder of such permit has been convicted for a violation of the provisions of this chapter;

3. The holder of such permit has been convicted of driving under the influence of intoxicating liquor or driving under the influence of drugs;

4. The holder of such permit has been convicted of violation of the provisions of chapter 12, part IV of the Hawaii Penal Code.

B. Any permit issued pursuant to the provisions of this chapter shall be suspended or revoked by a court of competent jurisdiction whenever the holder of such permit has been convicted of driving under the influence of intoxicating liquor or driving under the influence of drugs, and the violation occurred while the operator was operating his motor vehicle under the permit. (Ord. 1571, 1986: Ord. 822 § 1(b), 1975: prior code § 17-1.3)

Any applicant who has been refused a driver’s permit after at least three examinations, or who has been refused any examination, may appeal from such refusal to the circuit court by filing his petition in such court within thirty days of the date of the refusal; provided, however, that the appeal shall not operate as a stay to the order or decision appealed from. (Ord. 1571, 1986: prior code § 17-1.4)

Every taxicab while operating within the County out of fixed stands located therein shall be equipped with a taximeter so mounted in the taxicab that the reading dial showing the amount of fare to be charged shall at all times be plainly visible to the passenger. Between the hours of sunset and sunrise, the reading dial showing the amount of fare to be charged shall be well lighted and really discernible by the passenger riding in such taxicab. The taximeter shall be operated by a mechanism of standard design and construction with the primary indicating elements susceptible of advancement only by the rotation of the vehicle wheels or by the time mechanism. The figures of the reading dial showing the amount of the fare shall be of such size that it shall be plainly visible to the passenger. The taximeter shall have thereon a flag or other clearly visible fare-indicating mechanism to denote when the taxicab is employed and when it is not employed. It shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. (Ord. 2817 § 3, 1999: Ord. 1571, 1986: prior code § 17-1.5(a))

When a taxicab equipped with a taximeter is employed by a passenger, it shall be the duty of the driver to place the taximeter into the appropriate employed position so as to record mileage while the taxicab is in motion and to record waiting time while the taxicab is standing at the direction of the passenger. The taximeter shall be kept in the appropriate employed position until the termination of the trip. At the termination of the trip, it shall be the duty of the driver to place the taximeter into the nonemployed position. (Ord. 1571, 1986: prior code § 17-1.5(b))

A. No driver or owner of a taxicab shall offer or let the same for hire unless the taximeter installed therein or adjusted for any change in distance rate has been first registered with and inspected by the measurement standards branch, state department of agriculture and to calculate and register fares correctly in conformity with the rates as set forth in this chapter, and a seal attesting thereto shall have been placed on the taximeter. It shall be the duty of the owner or driver of any taxicab equipped with a taximeter to submit the same to the measurement standards branch, state department of agriculture for semi-annual inspection, testing, and sealing before such date as may be established by the division. Every inspection shall include the examination and inspection of the taximeter affixed in the taxicab, every wheel, tire, gear shaft, and every part of the taxicab which may affect or control the operation of such taximeter.

B. If, upon such periodic inspection, the measurement standards branch, state department of agriculture finds that a taximeter is not calculating and registering a fare in conformity with the rates as set forth in this chapter, it is unlawful to operate the taxicab or to permit the taxicab to be operated until its taximeter has been repaired, inspected, tested, and found to be calculating and registering a fare in conformity with the rates as set forth in this chapter, and a seal shall have been placed thereon. Nothing contained in this section shall prohibit the replacement of a taximeter with another which conforms with the provisions of this chapter.

C. The taxicab driver shall pay such fees as may be established by the measurement standard branch, state department of agriculture for each taximeter inspection. (Ord. 2817 § 4, 1999: Ord. 1571, 1986: Ord. 970 § 1, 1979: Ord. 822 § 1(c), 1975; prior code § 17-1.5(c))

A. No driver, owner, licensee, or operator of a taxicab while operating the same within the County shall charge, cause to be charged, demand, collect, or receive a fare other than as provided in this section. No driver, owner, licensee, or operator of a taxicab shall use or cause to be used for purposes of hire, a taxicab installed with a taximeter not reflecting the current rates, as provided in this section.

B. Initial meter actuation shall equal $3.50 and shall entitle passenger to one-tenth mile or less, or one minute waiting time or less; thereafter, for each additional one-tenth mile or fraction thereof, thirty cents; and for each additional one minute of waiting time or fraction thereof, thirty cents. Nothing contained in this subsection shall be construed to permit charging mileage or waiting time rates of fare which are different.

C. Whenever, pursuant to a request, it is necessary for a taxicab to pick up a passenger, the distance traveled to the point of pickup shall not be added to the distance over which such passenger is actually transported when computing the total amount of fare which may be charged under this section, nor shall the distance a taxicab must travel in order to return after discharging a passenger be included in the mileage for which any fare may be charged.

D. For each piece of baggage, other than wheelchairs, bicycles, and surfboards, handled by the driver in loading, unloading, or both, a charge of thirty cents may be made per trip. For each surfboard or bicycle transported, a charge of $3 may be made. (Ord. 3347 § 1, 2006; Ord. 2912 § 1, 2000: Ord. 2242 § 1, 1993: Ord. 2076 § 1, 1991: Ord. 1869 § 1, 1989: Ord. 1571, 1986: Ord. 1280 § 1, 1982: Ord. 1025 § 1, 1980: Ord. 970 § 2, 1979: Ord. 822 § 1(d), 1975; prior code § 17-1.6)

Schedules of the rates of fare, as provided in this chapter, shall be posted in a conspicuous place within each taxicab so as to be readily visible to any passenger riding within such taxicab. Such schedule shall be legibly printed in bold-type letters not less than three thirty seconds of an inch in height. (Ord. 1571, 1986: prior code § 17-1.9)

A. On or before September 1 of each even-numbered year, the director shall submit to the council a report reviewing taxicab rates of fare and baggage charges.

B. As deemed necessary, the council shall, by resolution, request the mayor to appoint a committee of not less than three persons to review this chapter. This committee shall investigate proposed rate changes, review license and permit requirements, review the method of computation that determines the number of taxis permitted in the County, and report its findings to the mayor, who will forward the committee’s findings to the council. (Ord. 2912 § 2, 2000: Ord. 1571, 1986: Ord. 1302 § 1, 1983: Ord. 822 § 1(e) (part), 1975: prior code § 17-1.11)

A driver of a taxicab may be permitted to cruise in search of patronage at any time; provided, however, a driver of a taxicab shall maintain a reasonable speed and shall not obstruct traffic when cruising or stopping to pick up passengers. (Ord. 1571, 1986: prior code § 17-1.7)

A. Additional Passengers.

1. Additional passengers shall not be picked up with-out the consent of the original (first) passenger. The taxicab dispatcher may inquire of the original (first) passengers if the passenger would be willing to share the taxi on a pro rata basis. The dispatcher shall fully explain the pro rata share arrangement to all passengers prior to the taxi’s departure.

2. The taximeter shall be continuously running in its employed position until the final destination is reached; provided, that each passenger shall pay his pro rata share of the fare as shown on the taximeter when his destination is reached.

B. Personal Use. Whenever a taxicab equipped with a taximeter is in personal use of the driver and not for hire, the “special” sign shall be affixed to the taximeter.

C. The director shall prescribe the size and specification of the metal sign and the same shall be furnished by the director at cost. (Ord. 2817 § 5, 1999; Ord. 1571, 1986: prior code § 17-1.8)

A taxicab shall be identified with a sign on the roof of the taxicab. The sign may be a dome light sign or may be of a type detachable when the motor vehicle is not used for taxicab purposes. A motor vehicle engaged in the transportation of passengers for compensation, but not as a taxicab, shall not operate with any type of roof sign that is designated by the director of finance for taxicabs. The director of finance shall specify by rules the contents, type, design and placement of taxicab signs. (Ord. 2009 § 1, 1990)

A. The number of taxicabs authorized to be licensed to operate on the islands of Maui, Molokai and Lanai shall be limited on the basis of one taxicab for each sixty hotel rooms or five-hundred-resident population on each respective island, whichever is greater. The director of finance shall recompute the number of taxicabs authorized at least once every calendar year.

B. The number of hotel rooms or resident population within the county shall be determined by reference to the most current statistics of the Hawaii visitors bureau.

C. For the purposes of this section, “hotel room” includes all units available for occupancy in a building classified as a hotel, as defined in section 19.04.500, and for which a hotel license has been obtained.

D. If the periodic count of hotel rooms permits an increase in the number of taxicabs, the director shall publish a notice in a newspaper of general circulation within the County of the additional number of taxicabs permitted and shall award the additional taxicab licenses to interested applicants by public drawing. The taxi license shall be issued or denied within forty-five days after the public drawing. Publication shall occur at least thirty days before such public drawing, and application for such taxicab licenses shall be made with the director within fifteen days after such publication.

E. If the periodic counts of hotel rooms and census are lower than the previous counts, the maximum number of taxicabs allowed will be adjusted but those already licensed will be permitted to continue operating.

F. Any taxicab licensed to operate as of the effective date of the ordinance codified in this section shall be permitted to continue operating in spite of any limitation to the contrary.

G. Nothing in this chapter shall be construed to prevent the replacement or substitution of a licensed taxicab by another vehicle or prevent the sale of a taxicab; provided, that the replacement or substitution of the taxicab shall be on the island on which the taxicab has been operating. (Ord. 2817 § 6, 1999; Ord. 2076 § 2, 1991: Ord. 1571, 1986: Ord. 918 § 1 (part), 1978; Ord. 822 § 1(e) (part), 1975: prior code § 17-1.10)

The director shall charge the following fees as set forth in the annual budget ordinance:

A. Original taxicab driver’s permit.

B. Renewal of a taxicab driver’s permit.

C. Initial issuance of a taxicab business permit.

D. Renewal of a taxicab business permit.

E. Replacement of lost, stolen, or mutilated taxicab business permit.

F. Change of vehicle assigned to the taxicab business permit.

G. Replacement of lost, stolen, or mutilated rent service decal.

H. Transfer of a taxicab business permit.

(Ord. 3282 § 2, 2005)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined not less than $100 nor more than $500. (Ord. 1571, 1986: Ord. 822 § 1(e) (part), 1975: prior code § 17-1.12)