§ 6.75.010. Definitions.

For purposes of this chapter:

"Certificate" means a certificate of public convenience and necessity, a license granted, upon application and approval, by the metropolitan transportation licensing commission for the sole purpose of authorizing the certificate holder to provide transportation through a pedicab and may hold one or more permits as defined under this section.

"Certificate holder" means a person, company, corporation or association which has applied for, and been granted, a certificate of public necessity and convenience.

"Driver" means any individual who physically operates a pedicab as a for-hire vehicle under this chapter. This person may share additional, company-related titles, such as owner, employee of the owner, holder or independent contractor.

"Driver permit" means a permit issued by the MTLC to drive and operate a pedicab.

"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 commission.

"Inspector(s)" means the inspector(s) for the commission.

"Metro" means the Metropolitan Government of Nashville and Davidson County.

"Metropolitan area" means the area which comprises Nashville and Davidson County.

"Metropolitan transportation licensing commission", also referred to as "MTLC", means the metropolitan transportation licensing commission as established by the Metropolitan Code.

"MTLC director" means the director/executive secretary of the MTLC, as employed by the metropolitan department of public works on behalf of the MTLC.

"Owner" means the person who holds the legal title of the pedicab or pedal carriage.

"Passenger" means any person on a pedicab or pedal carriage other than the driver.

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

"Pedal carriage" means a non-motorized bicycle with four or more wheels operated by one or more persons for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the pedal carriage as defined by Tenn. Code Ann. § 55-26-101. For purposes of this ordinance "pedal carriage" does not include a pedicab as defined herein.

"Pedicab" means any unibody non-motorized bicycle with three wheels operated by one person, including, but not limited to, rickshaws, for the purpose of, or capable of, transporting additional passengers in seats as defined by Tenn. Code Ann. § 55-26-101, duly licensed to operate as such by the MTLC, that is regularly engaged in the business of carrying passengers for hire, donation, gratuity or any other form of remuneration. "Pedicab" shall not include a bicycle built for two where the operators are seated one behind the other, nor shall it include a bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other vehicle for the purpose of transporting a handicapped person, nor shall it include a tricycle built for a child or an adult with a seat for only one operator and no passenger.

"Pedicab permit" means a permit issued by the MTLC for a pedal carriage or pedicab to carry passengers.

"Pedicab driver's permit" means a permit issued by the MTLC for a person to operate a pedal carriage or pedicab to carry passengers.

"Permittee" means a holder of any permit issued under this chapter.

"Rate card" means a card issued by the MTLC for display in each pedal carriage or pedicab, which contains the rates of fare then in force.

"Solicit" means the distribution of flyers or other material, or an appeal by bell, horn, whistle, 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.

"Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, donation, gratuity or any other form of remuneration, having a seating capacity of less than nine persons and not operated on a fixed route.

"Taxicab stand" means a place alongside a street, or elsewhere, where the MTLC has authorized a holder of certificate of public convenience to park for picking up or discharging passengers.

"Traffic and parking commission" means the Metropolitan Traffic and Parking Commission as established by the Metropolitan Charter and Code of Laws.

(Ord. BL2014-925 § 1, 2014)