CHAPTER 5.
BUSSES, TAXICABS AND JOBBING TRUCKS.

As to motor vehicles and traffic generally, see ch. 13 of this Revision. As to location of bus stops and taxicab stands, see § 13-8. As to parking in bus stops, see § 13-36. As to parking in taxicab stands, see § 13-37.

Article I. Busses.

Division 1. Generally.

§ 5-1. Soliciting passengers prohibited.

§ 5-2. Standing in street prohibited except at designated bus stands.

§ 5-3. Provisions for amendment.

§ 5-4. Penalty.

Division 2. Owner's License.

§ 5-5. Application requirements.

§ 5-6. Filing of rate schedules; rates not to increase except with approval of council or by order of department of public utilities.

§ 5-7. Filing of time schedules; curtailment of service prohibited unless approved by council or ordered by department of public utilities.

§ 5-8. Deviation from routes prohibited except in cases of emergency.

§ 5-9. Fee.

Division 3. Operator's License.

§ 5-10. Required; contents.

§ 5-11. Application.

§ 5-12. Record, term and fee.

§ 5-13. To be carried at all times; to be shown at request of police officer.

Article II. Taxicabs and Jobbing Trucks.

Division 1. Generally.

§ 5-14. Definitions.

§ 5-15. Authority of licensing board.

§ 5-16. Owners, operators, etc., to be subject to regulations of licensing board.

§ 5-17. License– Required for vehicles.

§ 5-18. Same– Required for operators.

§ 5-19. Same– Application.

§ 5-20. Same– To be signed and numbered by board; record; term.

§ 5-21. Same– Suspension.

§ 5-22. Standing in streets prohibited except at designated stands.

§ 5-23. Operator not to smoke while carrying passengers.

§ 5-24. Articles left in taxicab to be delivered to police station.

§ 5-25. Competing with busses prohibited.

§ 5-26. Charging higher rates than those fixed by board prohibited.

Division 2. Vehicle License.

§ 5-27. Certificate of registration required.

§ 5-28. Contents.

§ 5-29. License plates.

Division 3. Operator's License.

§ 5-30. Requirements.

§ 5-31. Issuance and display of badge and identification card.

ARTICLE I.
BUSSES.

Division 1.
Generally.

Sec. 5-1. Soliciting passengers prohibited.

No person operating any motor vehicle licensed as provided in this article shall solicit passengers by outcry or make any noise for the purpose of soliciting passengers.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-2. Standing in street prohibited except at designated bus stands.

No person operating any bus shall allow the same to stand in any street except on such portions thereof as the city council may designate. Such bus stands shall be plainly marked by limit lines painted upon the pavement and by no parking signs.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-3. Provisions for amendment.

This article shall be subject to such additions and changes as the council may from time to time deem advisable.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-4. Penalty.

The violation of any of the provisions of this article shall be a cause for revocation of license.

(R. O. 1960, ch. 35, § 1.)

Division 2.
Owner's License.

Sec. 5-5. Application requirements.

Every owner of a motor vehicle applying for a license to operate the same upon the streets of the city in accordance with the provisions of General Laws, chapter 159A shall specify the following:

(a) Name and business address of owner.

(b) Termini of each route.

(c) Names of all cities and towns included in each route.

(d) Description of each route in detail by highways.

(e) Motor vehicles to be operated with the discretion of each as follows:

(1) Number of vehicles.

(2) Make and type of vehicles.

(3) Weight of heaviest vehicle to be operated.

(f) Cities and towns in which owner has license, stating date of each license.

(g) Date of beginning of operation over each route.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-6. Filing of rate schedules; rates not to increase except with approval of council or by order of department of public utilities.

Every owner shall file with his application for a license schedules showing all rates, fares and charges for service to be rendered by him over the proposed routes or any portion thereof. If a license is granted, no increase shall be made in these schedules affecting the rates charged for the carriage of a passenger within, into or from the limits of the city except with the approval of the city council or unless ordered by the department of public utilities.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-7. Filing of time schedules; curtailment of service prohibited unless approved by council or ordered by department of public utilities.

Every owner shall file with his application for a license schedules showing the regular time of arrival and departure at the termini and principal points on the routes. If a license is granted, such service shall not be curtailed within, into or out of, the limits of the city except with the approval of the city council or unless ordered by the department of public utilities.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-8. Deviation from routes prohibited except in cases of emergency.

There shall be no deviation from the established routes except in cases of emergency; provided, that the chief of police shall be the sole judge as to whether an emergency exists.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-9. Fee.

The license fee shall be ten dollars per year for each vehicle.

(R. O. 1960, ch. 35, § 1.)

Division 3.
Operator's License.

Sec. 5-10. Required; contents.

No person shall operate any motor vehicle licensed within the city as a common carrier unless he shall be twenty-one years of age or older and unless he shall have first obtained a license to do so from the city council, which license shall state the name, age, height, weight, color of hair, color of eyes and race of the licensee, his home address and the name of his employer if he operates such car as an employee.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-11. Application.

The application for such license shall be on a blank furnished by the city clerk, and the form of the application and the information to be furnished therein by the applicant shall be such as from time to time may be prescribed by the city council, who shall require that the truth of the allegations in such application shall be sworn to before an officer authorized to administer oaths.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-12. Record, term and fee.

Such license shall be signed by the clerk, shall be numbered in regular order as granted, shall be recorded in the offices of the city clerk and chief of police and shall expire on the thirty-first day of January next succeeding the date thereof. The fee for such license shall be one dollar.

(R. O. 1960, ch. 35, § 1.)

Sec. 5-13. To be carried at all times; to be shown at request of police officer.

The licensee at all times, when he is operating any motor vehicle under the provisions of these rules and regulations, shall carry such license and shall show the same whenever so requested by any police officer.

(R. O. 1960, ch. 35, § 1.)

ARTICLE II.
TAXICABS AND JOBBING TRUCKS.

Division 1.
Generally.

Sec. 5-14. Definitions.

Every motor or other vehicle used for the conveyance of persons or goods for hire, excepting common carriers of passengers or goods, shall be deemed respectively a taxicab or jobbing truck within the meaning of this article.

(R. O. 1960, ch. 36, pt. 1, § 1.)

Sec. 5-15. Authority of licensing board.

The licensing board shall have the power to grant, suspend and revoke all such licenses.

(R. O. 1960, ch. 36, pt. 1, § 4.)

Sec. 5-16. Owners, operators, etc., to be subject to regulations of licensing board.

All owners, persons having control of and operators of taxicabs and jobbing trucks shall be subject to such rules, orders and regulations as the licensing board may from time to time promulgate.

(R. O. 1960, ch. 36, pt. 1, § 7.)

Sec. 5-17. License– Required for vehicles.

No taxicab or jobbing truck shall be operated upon any public way unless licensed as provided in this article.

(R. O. 1960, ch. 36, pt. 1, § 2.)

Sec. 5-18. Same– Required for operators.

No owner or other person having the control of a taxicab or jobbing truck shall allow any person to operate the same, and no person shall operate the same, unless licensed thereto as provided in this article.

(R. O. 1960, ch. 36, pt. 1, § 3.)

Sec. 5-19. Same– Application.

Applications for the licenses required by this article shall be made to the licensing board on a form furnished by it and shall set forth under oath such information as the board may require.

(R. O. 1960, ch. 36, pt. 1, § 5.)

Sec. 5-20. Same– To be signed and numbered by board; record; term.

Such licenses shall be signed by at least a majority of the licensing board, shall be numbered in order as granted, shall be recorded in the office of the city clerk and unless sooner revoked shall expire on the thirty-first day of March next after the date thereof.

(R. O. 1960, ch. 36, pt. 1, § 6.)

Sec. 5-21. Same– Suspension.

The chief of police shall have the authority to suspend any license granted under the provisions of this article. Upon such suspension he shall obtain the license from the licensee and forthwith deliver it to the licensing board, together with his reasons for suspending it. The board shall then take such action as it deems best.

(R. O. 1960, ch. 36, pt. 1, § 8.)

Sec. 5-22. Standing in streets prohibited except at designated stands.

No taxicab or jobbing truck shall be allowed to stand in any street, except on such portions thereof and during such hours as the city council may designate. Such taxicab or jobbing truck stands shall be plainly marked by limit lines painted upon the pavement and by no parking signs.

(R. O. 1960, ch. 36, pt. 2, § 4.)

Sec. 5-23. Operator not to smoke while carrying passengers.

No person operating a taxicab shall have in his possession a lighted cigarette, cigar or pipe while any passenger is being carried therein.

(R. O. 1960, ch. 36, pt. 3, § 3.)

Sec. 5-24. Articles left in taxicab to be delivered to police station.

Every person having charge of or operating a taxicab shall deliver any article left therein by any passenger to the officer in charge of the police station not later than twenty-four hours after finding the same and shall receive from him a receipt therefor, and such officer shall take proper steps to return the same to the owner. All such articles delivered to such officer and not claimed by the owner within ninety days from such delivery shall be delivered to the licensee of the vehicle in which they were left.

(R. O. 1960, ch. 36, pt. 3, § 4.)

Sec. 5-25. Competing with busses prohibited.

No person operating a taxicab shall establish and maintain therefor any route between fixed terminals under reduced fare to compete with motor bus.

(R. O. 1960, ch. 36, pt. 3, § 5.)

Sec. 5-26. Charging higher rates than those fixed by board prohibited.

No owner or operator of a taxicab shall charge any passenger any higher rates for services than those that may from time to time be fixed by the licensing board. A schedule of such rates then in force shall be delivered to every owner and every operator of a taxicab at the time of the delivery to them of their licenses, and new schedules shall be delivered whenever such rates are changed.

(R. O. 1960, ch. 36, pt. 3, § 6.)

Division 2.
Vehicle License.

Sec. 5-27. Certificate of registration required.

No motor vehicle shall be licensed as a taxicab or jobbing truck unless the owner presents a valid certificate of registration issued by the registrar of motor vehicles.

(R. O. 1960, ch. 36, pt. 2, § 1.)

Sec. 5-28. Contents.

Each license shall state the name, residence and place of business of the owner, a description of the motor vehicle licensed, the current registration number and engine number of such vehicle and, if a taxicab, the number of persons exclusive of the operator which it may carry.

(R. O. 1960, ch. 36, pt. 2, § 2.)

Sec. 5-29. License plates.

The licensing board shall issue with each such taxicab license a plate or placard bearing the words "Taxicab License, Leominster, Mass." and setting forth the serial number of the license, the year of its issue and the number of passengers the licensed vehicle is permitted to carry. Such plate or placard shall be so attached to the interior of the taxicab as to be plainly visible to the occupants thereof. Each person receiving a license shall pay to the board the approximate cost of each such plate or placard.

(R. O. 1960, ch. 36, pt. 2, § 3.)

Division 3.
Operator's License.

Sec. 5-30. Requirements.

No operator's license shall be granted to any person unless he is eighteen years or more of age, and unless he is a resident of this commonwealth and a citizen of the United States or shall have declared his intention to become such citizen.

(R. O. 1960, ch. 36, pt. 3, § 1; 8-28-72.)

Sec. 5-31. Issuance and display of badge and identification card.

The licensing board, when issuing an operator's license, shall deliver to the licensee a metal badge bearing the words "Licensed Chauffeur No.– , Leominster, Mass." and setting forth the serial number of the license, which badge shall be worn conspicuously upon the front of the hat or cap or of the exterior of the clothing of the licensee at all times when he is operating a taxicab or jobbing truck. The licensee shall pay the approximate cost of such badge and shall not at any time permit or suffer any other person to wear such badge, nor shall any person at any time wear such badge issued to another. The licensing board shall also deliver to the licensee an identification card setting forth the number and term of the license, the name of the licensee and a personal description of the licensee including his age, height, weight, complexion, color of hair and color of eyes. The licensee shall at all times when operating or in charge of a taxicab or jobbing truck carry such card and the license under which such taxicab or jobbing truck is operated or a copy of such license attested by the city clerk and shall show the same whenever so requested by a member of such board or by any police officer.

(R. O. 1960, ch. 36, pt. 3, § 2.)