SENATE, No. 1823
STATE OF NEW JERSEY
INTRODUCED MARCH 22, 2010
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator SEAN T. KEAN
District 11 (Monmouth)
Senators Sacco and Rice
Makes sundry changes to taxicab laws.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on February 7, 2011, with amendments.
An Act concerning autocabs, amending R.S.48:16-3, and supplementing article 1 of chapter 16 of Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A municipality shall determine by ordinance the number of taxi licenses available for issuance. Whenever the governing body of a municipality determines to authorize the issuance of one or more new or additional taxi licenses, it shall publish a notice, in a newspaper circulating generally within the municipality, stating the number of new or additional licenses to be authorized and the application period for the new or additional licenses. The notice shall specify a time and date after which no further applications will be accepted. The notice shall be published at least twice and at least one week apart, with the second notice published at least 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted.
2. (New section) The provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed to require the issuance of any license or licenses with respect to which a notice has been published pursuant to that section 1, but in any case in which any such license or licenses have not been issued within six months after the closing time and date for acceptance of applications specified in the notice, no such license or licenses shall be issued without again complying with the provisions of that section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) Whenever the governing body of a municipality determines by ordinance to issue one or more taxi licenses, the governing body may authorize that such license or licenses be issued to the highest qualified bidder therefor at a sale by public auction for that purpose conducted or supervised by the municipal clerk. The ordinance also may prescribe qualifications for prospective bidders; provided, however, that such qualifications shall not be inconsistent with any law of this State, or rule or regulation of any agency thereof. The ordinance may also fix a minimum bid and conditions of sale with the reservation of the right to reject all bids where the highest bid is not accepted. The ordinance may also include a requirement that the recipient of a taxi license issued pursuant to this section, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). In the event that more than one taxi license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.
4. (New section) The owner of an autocab shall cause to be displayed on the body of the vehicle the taxi license number issued to that vehicle. The number shall be three inches in height and located in the center of the rear quarter panels on the driver and passenger sides and the rear center line of the trunk of the vehicle. Each autocab shall display on each rear door of the autocab the name of the municipality or municipalities which has issued the autocab a taxi license in letters three inches in height.
5. R.S.48:16-3 is amended to read as follows:
48:16-3. No such consent shall become effective until [the] the provisions of 1[subsection] subsections1 a. and b. of this section have been satisfied:
a. The owner of the autocab shall have filed with the clerk of the municipality in which such operation is permitted, an insurance policy 1[of] [a] which shall be issued by1 an admitted insurance company duly licensed to transact business under the insurance laws of this State , 1[and which company is a member of the New Jersey Property-Liability Insurance Guaranty Association, conditioned for the payment of a sum of not less than [$10,000.00] $10,000] , the policy providing for not less than $35,000 of motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage required pursuant to section 1 of P.L.1972, c.197 (C.39:6B-1), whichever is greater,1 to satisfy all claims for damages, by reason of bodily injury to, or the death of, any  1[one]1 person 1or persons1, resulting from 1, or on account of,1 an accident, 1[and a sum of not less than [$20,000.00] $20,000 to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons, on account of any such accident,]1 by reason of the ownership, operation, maintenance, or use of such autocab upon any public street; and 1[conditioned for the payment of a sum not less than [$5,000.00] $5,000]1 to satisfy any claim for damages to property of any  1[one]1 person 1or persons1, resulting from 1, or on account of,1 an accident, 1[and a sum not less than [$5,000.00] $5,000 to satisfy all claims for damages to property of all persons, on account of any such accident,]1 by reason of the ownership, operation, maintenance, or use of such autocab upon any public street.
1Nothing contained in this subsection shall prohibit the owner of an autocab from obtaining any additional amount of motor vehicle liability insurance coverage from a company licensed outside the State of New Jersey.1
The consent shall 1[become] be1 effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the autocab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid ; and
b. Each operator or driver of the autocab for which the owner thereof is seeking the consent to operate in a municipality has submitted to the performance of a criminal history record background check. The cost for the criminal history record background check, including all costs of administering and processing the check, shall be borne by the operator or driver of the autocab.
A person shall be disqualified from operating or driving an autocab if a criminal history record background check required pursuant to this subsection reveals a record of conviction of any of the following crimes:
(1) In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.
(2) In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph (1) of this subsection.
If a person who has been convicted of one of the crimes enumerated in paragraphs (1) and (2) of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
The provisions of this subsection shall not apply to an operator or driver of an autocab who has received the consent to operate in a municipality prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1959, c.53, s.1)
6. This act shall take effect on the 60th day following enactment.