HomeMy WebLinkAboutAdmin Order 53-93-25-F
ADMINISTRATIVE ORDER NO. S3-93-2S-F
of the
City Manager
LIMOUSINE SERVICES ADMINISTRATIVE RULE R-3.868
Pursuant to the authority contained in Sections 2.019 and 3.868 of the Eugene Code,
1971, I hereby adopt the following Limousine Services Administrative Rule R-3.868:
Limousine Services
Administrative Rule R-3.868
R-3.868-A
DEFINITIONS.
As used herein, the following words and phrases mean:
Business. Any business, institution, association, occupation, and calling of every kind.
Em1>lovee. Any person employed for remuneration or under any contract of hire,
written or oral, express or implied, including independent contractors. All persons who drive
limousines, including any person who has an ownership interest in the company, shall be
considered employees of the limousine company for purposes of this Rule.
Limousine. An unmarked luxury class motor vehicle that is operated for hire on a
reserved, hourly basis, and used on a prearranged basis for special or business functions,
weddings, funerals or similar purposes.
Mana2er. Any person in charge of the operation or management of the limousine
company, any person who can direct or control the activities and scheduling of the
company's employees, and any person who can hire or fire the company's employees.
Operator. Any person who is a principal in a limousine company. A principal
incudes all owners, shareholders, partners, directors, officers and managers.
Limousine Companv. Any business which operates one or more limousines,
regardless of who owns the vehicles operated.
R-3.868-B
REGISTRATION.
1. An application for a business registration, or for renewal of a business
registration required by Section 3.868 of the Eugene Code, 1971, shall be completed by each
and every principal in the business. A principal in the business includes all owners,
Limousine Administrative Rule R-3.868 - 1
shareholders, partners, directors, officers and managers. The City Manager or designee may
exempt certain principals from completing an application if the City Manager or designee
determines that granting such an exemption is consistent with the objectives of the Eugene
Code, 1971, and where the business demonstrates to the satisfaction of the City Manager or
designee that those principals play no role in the operation of the company.
2. The business registration application form shall generally require information
relating to the name, address, business type, manager, business intent, current rates of fare
and registered agent. A change in registered agent shall not be effective until the City
receives written notice of the change.
R-3.868-C
STANDARDS AND REQUIREMENTS FOR LIMOUSINE COMPANIES.
1.
Insurance and Hold Harmless A2reement.
(a) Insurance. Every limousine company shall obtain liability insurance.
The following provisions shall govern:
(1) Insurance coverage must be in the minimum amount of $200,000
for bodily injuries to one person, $500,000 for bodily injuries from one
accident, and $250,000 property damage, or in lieu of the above described
coverages, a combined single limit coverage of not less than $500,000 covering
any number of claims arising out of any single occurrence, plus cost of
defense.
(2) The limits of the insurance may be increased during the term of
the permit if statutory changes are made to maximum limits of liability
imposed on municipalities.
(3) Evidence of insurance coverage shall be provided to the City upon
request.
(4) Every day a limousine is operated without an insurance policy as
required by these regulations shall be deemed a separate violation, and every
person operating or permitting such operation shall be subject to enforcement
proceedings.
(5) A limousine company shall restrict use of company vehicles to
drivers who are insured for the vehicles being operated by the drivers, and
shall not permit a vehicle or driver to operate in an area for which no
insurance coverage is provided.
(b) Hold Harmless Aereements. All limousine owners/operators/companies
shall furnish to the City on a form provided by the City, a signed statement agreeing
to defend, indemnify and hold harmless the City, its officials, agents, and employees
for all claims of injury to property or persons that may arise as a result of any activity
Limousine Administrative Rule R-3.868 - 2
carried on by the limousine company.
2. Records Maintained.
(a) Vehicle Maintenance Records. The operator of all limousine companies
shall maintain maintenance records for all limousines used by the operator's
company. The records shall include, but not be limited to, records of all tests for
brakes, tires, steering wheels, mechanical parts and lighting equipment. The operator
shall make said records available to the City Manager or designee upon request.
(b) Emplovee Records. The operator of all limousine companies shall keep
a personal history record of each employee and those records shall contain:
(1) The complete legal name and all other names by which the
employee is or has been previously known;
(2) The employee's date of birth, height, weight, hair and eye color,
Oregon driver's license number, place of birth, social security number, and
citizenship status;
(3) The employee's current address and his/her previous addresses for
the past 5 years, including the dates of residence at those addresses;
( 4) A passport size photo that is not more than one year old.
(c) Service Recipient Records. The operator of all limousine companies
shall maintain a record of all services provided and those records shall include:
(1) A log maintained by each driver which contains a record of every
trip; and,
(2) A log by each limousine driver showing every service request and
subsequent dispatch.
(d) Complaint Records. The operators of all limousine companies shall
maintain a record of all complaints lodged against the operator's company and/or
personnel. Those records shall reflect:
(1) The complaining party or parties by name, address, and telephone
number;
(2) The incident date of the complaint and a summary of the
complaint allegation;
(3) The name(s) of personnel complained against; and
( 4) A summary of the complaint inquiry and the outcome and
Limousine Administrative Rule R-3.868 - 3
company actions as a result of that inquiry.
(e) Tenure of Record Maintenance. Vehicle maintenance, service recipient
and complaint records shall be kept for a period of three years after the last date of
service or complaint. Employee records shall be kept throughout the period of active
employment and for a period of one year after termination of employment.
R-3.868-D
STANDARDS FOR LIMOUSINES.
1. Limousine Maintenance Reauirements. Each limousine shall be kept clean,
of good appearance, in good repair, properly equipped, and in a safe condition. To insure
the safe condition of all limousines, the operator shall cause all limousines to undergo such
special inspections as the City Manager or designee may require. Where such an inspection
has been required, the limousine shall not be used until after the limousine passes the
inspection.
2. Limousine Eauipment. Every limousine shall be equipped with such safety
equipment as is required by state and federal law, by the Eugene Code, 1971, and by these
regulations. Every limousine shall be equipped with a fire extinguisher of a lA10BC or
2AI0BC, 2\ lb. type, readily accessible to the driver in the area of the front seat, which shall
be serviced annually and immediately after each use.
R-3.868-E
RESTRICTIONS.
1. No limousine may use a public passenger vehicle zone, nor may a limousine
driver solicit or accept passengers except where the passenger has made a reservation with
the limousine company either by phone or mail.
2. No limousine may be operated or utilized as a taxicab or shuttle.
3. No limousine vehicle or company shall operate at the Eugene Airport unless
authorized by the Airport to do so.
Public notice of this proposed Limousine Services Administrative Rule R-3.868 shall
be given by making copies thereof available to any person who has requested such notice
and to current limousine licensees, and by publication thereof in the Register Guard, a
newspaper of general circulation within the City for at least five days, to-wit, on October 9,
10, 11, 12, and 13, 1993, providing interested persons an opportunity of not less than 15 days
to submit data or comments thereon. No valid comments or objections are received within
the time and in the manner prescribed in the notice. City staff, however, requested that
Rule R-3.868-C-l( a)( 4) (requiring automatic submission of insurance renewal certificate) be
deleted, as the City may request that information as necessary. That change has been
incorporated, and Limousine Services Administrative Rule R-3.868 as contained herein is
Limousine Administrative Rule R-3.868 - 4
hereby adopted.
Dated and effective this -7- day of November, 1993.
Limousine Administrative Rule R-3.868 - 5