§ 6.74.010. Definitions.

For purposes of this chapter:

"Active on the TNC dispatch system" means when the TNC operator is logged onto the transportation network company (TNC) application dispatch system showing that the TNC operator is available to pick up passengers, e.g., when driver mode is turned on; when a passenger is in the vehicle; when TNC dispatch records show the vehicle is dispatched; or when the driver has accepted a dispatch and is en route to provide transportation services to a passenger.

"Approved mechanic" means a mechanic who has met all requirements provided for in the rules or regulations adopted by the MTLC.

"As directed" means a request for transportation by prearrangement that does not have specific itinerary, route or stops; but is to be directed and determined by the passenger as the trip progresses.

"Call or demand" means transportation arrangements made indiscriminately and instantaneously with a request for service which includes, but is not limited to, the hailing of a taxicab or any other oral request for transportation service made from a public street location or other vehicular holding or waiting area as the pickup location. No passenger vehicle for hire, other than a taxicab, may be operated on call or demand. Call or demand does not apply to requests made for transportation by services operating only on pre-approved routes.

"Certificate" means a certificate of public convenience and necessity issued by the Metropolitan Transportation Licensing Commission (MTLC) director, authorizing the holder thereof to conduct a passenger vehicle for hire business within Davidson County.

"Chauffeur" has the same meaning as driver, as defined in this section.

"Classic or vintage limousine or sedan" means a limousine or sedan recognized by the Classic Car Club of America or other national car club recognized by the MTLC.

"Cruising" means the driving, parking or standing of a passenger vehicle for hire on the streets, alleys or public places of Davidson County for the purpose of attracting passengers for hire. No passenger vehicle for hire, other than a taxicab, may engage in cruising.

"Disability transport vehicle" means a special-purpose passenger vehicle for hire which is designed or constructed to transport passengers with disabilities.

"Disability transport service" means a special-purpose passenger vehicle for hire that provides transportation using disability transport vehicles. Disability transport services shall not include any transportation services to passengers with disabilities being offered by any government agency as a public service or by medical facilities exclusively to patients of the medical facility.

"Driver" means any individual who physically operates a passenger vehicle for hire.

"Driver's permit" means the permission granted by the MTLC director in accordance with Metropolitan Charter § 2.01(22) to an individual to drive a passenger vehicle for hire upon the streets and roadways of the area within the metropolitan government.

"For hire" means a transaction whereby any money, thing of value, charge tickets, surcharge, payment, pecuniary consideration or compensation, reward, donation, tip, or any other remuneration or profit is paid to, accepted by, or received by a driver, employee, agent, owner, or any other representative of a passenger vehicle for hire or a passenger vehicle for hire company in exchange for the temporary use by or for the transportation of a passenger, whether such is paid voluntarily or upon solicitation, demand, request, contract, agreement, or as a surcharge; or otherwise in conjunction with the purchase of parking wherein the transportation is part of the services provided.

"Holder" means a person to whom a certificate of public convenience and necessity has been issued by the MTLC director.

"Limousine" means a motor vehicle except a taxicab or sedan designed or constructed to accommodate and transport passengers for hire, with an extended wheel base and expanded seating capacity. The vehicle shall have additional rear seating capacity, area, and comforts; and shall be designed to transport not more than fifteen passengers, including the driver.

"Livery service" means a passenger vehicle for hire that provides transportation services using livery vehicles.

"Livery vehicle" means a motor vehicle designed or constructed to accommodate and transport passengers for hire, and shall include a limousine, a sedan, an SUV, or a passenger van, but shall not include a TNC vehicle.

"Manifest" means a daily record prepared by a passenger vehicle for hire driver or a TNC of all trips made, showing time and place of origin, destination or "as directed."

"MTLC staff" means the inspectors, director and other staff employed by the MTLC.

"Passenger van" means a motor vehicle designed or constructed to accommodate and transport passengers for hire that is designated by the manufacturer as a full-size van and designed to transport not more than fifteen passengers, including the driver. It cannot have an extended wheel base or an expanded seating.

"Passenger vehicle for hire" means any vehicle designed or modified to transport not more than twenty-one passengers, including the driver, and which is operated for hire. Excluded from this definition are:

1.

Vehicles exclusively regulated and licensed by the state or federal government with respect to special public safety standards. For the purpose of this chapter, such exclusive regulation must include all of the following:

Vehicle condition standards and inspections;

Liability insurance standards and verification; and

Criminal background, medical and driving record checks for drivers.

2.

Vehicles, and the drivers thereof, used exclusively in connection with a funeral or funeral service.

"Passenger vehicle for hire service" is any individual, partnership, corporation, association or public or private organization that provides transportation to persons for hire.

"Person" means any individual, partnership, corporation, association or public or private organization of any character.

"Pre-approved route" means a fixed route, with predetermined fixed pick-up and drop-off points, approved in advance by and on file with the MTLC director.

"Pre-arrangement" means a request for transportation of a specific passenger by registration in advance of boarding from a specified location, including pre-arrangement directly with a passenger vehicle for hire service or pre-arrangement through a third party (e.g., guest service desk, concierge desk or internet based technology applications, e.g., through a TNC digital platform). Such registration must have been made by contacting the passenger vehicle for hire service before the vehicle for hire was dispatched to render the transportation service or any service ancillary to the transportation, such as loading luggage.

"Public accommodation" means a business that provides lodging, food, entertainment, or other services to the public.

"Safety certificate" means a document from an approved mechanic certifying that a particular vehicle meets all vehicle safety terms set forth in this chapter and in rules of the MTLC adopted pursuant to this chapter.

"Sedan" means a motor vehicle designed or constructed to accommodate and transport passengers for hire that does not have an extended wheel base or an expanded seating capacity designed for the transport of persons. The vehicle will have no additional rear seating capacity, area or comforts; shall be designed to transport not more than five passengers, exclusive of the driver. As an exception, new categories of vehicles developed by the automobile industry and approved by the MTLC may be recognized as sedans.

"Shuttle" means a motor vehicle designed or constructed to accommodate and transport passengers for hire designed for the transportation of persons. The vehicle must be designed to transport not more than fifteen passengers, including the driver.

"Shuttle service" means a passenger vehicle for hire service that provides only shuttle transportation to or from prescribed locations on a pre-approved route.

"Solicit" means the distribution of flyers or other material, or an appeal by bell, horn, whistle, spoken words, or gestures by a driver or his or her agent directed at individuals or groups for the purpose of attracting passengers for immediate hire, not to include information provided through an internet based technology applications.

"Special-purpose passenger vehicle for hire" means any vehicle for hire that is not a limousine, passenger van, sedan, shuttle, SUV, taxicab, TNC vehicle, or horse-drawn carriage.

"Special temporary service" means an infrequent and unusual service requiring the temporary pooling of foreign livery vehicles to operate under the certificate of a duly licensed livery service. Special temporary services include, but are not limited to, pooling arrangements to service needs created by community-wide tourism or cultural events.

"SUV" means a motor vehicle designed or constructed to accommodate and transport passengers for hire that does not have an expanded seating capacity. The vehicle must be an automobile that is recognized by the manufacturer as a full-size sport utility vehicle, designed to transport not more than seven passengers, exclusive of the driver.

"Transportation Network Company" or "TNC" means a company or organization that uses a digital platform to connect passengers with prearranged transportation services for hire provided by drivers using their personal vehicles.

"TNC operator" means a person who provides transportation services for hire, using a TNC vehicle, to passengers connected to the TNC operator by prearrangement through the TNC's digital platform, and who meets the eligible qualifications for a driver's permit under this chapter and to whom such a driver's permit has been issued pursuant to the provisions of this chapter.

"TNC vehicle" means a passenger vehicle for hire that is a personal vehicle under the legal control of a TNC operator, documented to the satisfaction of the MTLC director, which is designed or constructed to accommodate and transport no more than seven persons, inclusive of the driver, which has been inspected as prescribed in and otherwise meets all of the requirements of this chapter and is used by that TNC operator to provide prearranged transportation services for hire, to passengers connected to the TNC operator by prearrangement using the TNC's digital platform.

"Tour vehicle" means a special-purpose passenger vehicle for hire that is used exclusively to transport a passenger or specified group from a point of origin to various points of interest and return them to their same point of origin and is designed to transport not more than fifteen passengers, including the driver.

"Tour service" means a special-purpose passenger vehicle for hire service that uses charter or tour vehicles to transport passengers or specified groups of passengers, and that:

1.

Is offered only upon a pre-arranged and pre-sold basis;

2.

Transports from locations within Davidson County to locations either inside or outside Davidson County; and

3.

Does not discharge passengers at points other than those from which they are picked up.

"Unique" means a passenger vehicle for hire that is custom-designed, unusual, and innovative, as further set forth in the rules adopted by the MTLC.

(Ord. BL2017-737 § 1, 2017; Ord. BL2014-952 § 1, 2014)