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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

2 DE Admin. Code 2287
Pursuant to the authority provided by 2 Del.C. §1802(b), the Delaware Department of Transportation (DelDOT), adopted the Public Carrier Regulations.
DelDOT will take written comments on these proposed general revisions to 2 DE Admin. Code 2287, from October 1, 2018 through October 31, 2018. The public may submit their comments to:
(Bruce.Demeter@state.de.us) or in writing to his attention,
Definitions – Same as used in 2 Del.C. Chapter 18, §1801. In addition to the definitions in 2 Del.C. §1801, the following words, terms, and phrases, when used in this regulation, shall have the following meaning:
Certificate Holder” means a person holding a Certificate of Public Convenience and Necessity.
Certificate of Public Convenience and Necessity” means formal authorization granted to a person, issued by the Office of Public Carrier Regulation, to operate a specified aggregate number of vehicles within and conforming to a particular service category, and requiring a person’s conformance to the rules and regulations and to all future amendments, adopted by the Office of Public Carrier Regulations applicable to such Certificate in accordance with 2 Del.C. Chapter Ch. 18.
Department” means the Delaware Department of Transportation.
Director” means the Director Chief Executive Officer of the Division of Motor Vehicles Delaware Transit Corporation of the Department of Transportation.
"Division" means the Delaware Transit Corporation and the Office of Public Carrier Regulation ("OPC").
Exempt Vehicle” means any carpools, van pools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles, and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education, transportation to and from a church, synagogue or other place or worship, and shuttle-type transportation provided by business establishments without charge to customers of the business offering such shuttle transportation between fixed termini is also exempt.
Highway” means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.
Interstate” means transportation between any place in a state and any place in another state or between places in the same state through another state.
Intrastate” means travel within the boundaries of the State of Delaware.
Medical Transport Vehicle” means any motor vehicle designed or used to transport 15 persons or less, including the driver, on a prearranged basis for visits to medical care providers or other destinations related to health and welfare that require “Protective Oversight” of passengers with special needs.
"Passenger Trailer" means any unpowered vehicle that transports passengers over the roadways of the State of Delaware while being pulled by a motor vehicle.
Prearranged” means that the transportation has been arranged or reserved via telephone, facsimile, or computer before the Vehicle for Hire is dispatched to render the transportation service or the providing of a driver service that transports a passenger in the passenger’s vehicle that has been arranged or reserved via telephone, facsimile, computer or subscription service or any service ancillary to the transportation such as loading baggage.
Proceedings” means actions, complaints, hearings, investigations, trials, appeals, orders, and similar proceedings.
Property” means all material, equipment, apparatus, devices and property of any kind owned or operated by any public carrier.
Protective Oversight” means the continuity of responsibility for the safety and welfare of passengers. Due to the level of disability, behavior, physical ability or medical condition, some passengers are at risk if left alone and require continuous oversight by another party.
Rates” means rates, fares, charges, tolls, fees, tariffs or any schedule of prices charged for public transportation by the public carrier.
Records” means accounts, books, charts, contracts, documents, files, maps, reports, schedules, trip logs, maintenance logs, dispatch logs, state, federal, and developer mandated vehicle software updates, software correction and debugging, etc.
Reserve Vehicle” means a Vehicle for Hire not in service.
Secretary” means the Secretary of the Department of Transportation.
Taximeter” means a meter instrument or device attached to a taxicab, which measures mechanically or electronically the distance driven and the waiting time upon which the fare is based.
Vehicle for Hire” means any motor vehicle engaged in the business of carrying persons for hire in the State of Delaware where compensation for said transportation is made directly or indirectly.
"Written Notice" means any notice provided by the OPC via email, fax, express mail, regular mail or certified mail, or return receipt requested, unless noted otherwise.
2.0 The Delaware Department Of Transportation (DelDOT) Delaware Transit Corporation
2.1 The principal office of the Delaware Department of Transportation shall be in the City of Dover and shall be in the Department of Transportation, Department of Safety and Homeland Security Building, Danner Campus, shall be Delaware Transit Corporation, Office of Public Carrier Regulation, 303 Transportation Circle, Dover, Delaware 19901 at 119 Lower Beech Street, Wilmington, DE 19805.
2.2 Prohibited Conduct of Employees. of DelDOT. DelDOT and OPC personnel shall conduct themselves in accordance with Title 29 of the Delaware Code, Chapter 58-A and in furtherance of such compliance shall not:
2.3.1 DelDOT OPC requires all carriers to maintain for permanent record and/or and submission to DelDOT OPC the following records, accounts and documents: annual reports, maps of operating territory, Delaware intrastate rights, Certificates of Public Convenience and Necessity for both Delaware and I.C.C./U.S. DOT, if any, and changes or addendums to said certificates, depreciation accounts, maintenance records on each vehicle, and any other records DelDOT OPC may prescribe. All accounting procedures must conform with generally accepted accounting principles.
2.3.2 Every public carrier shall keep such books, accounts, papers, records and memoranda as are required by DelDOT OPC and, when required, shall make available copies of its books, accounts, papers, records, and memoranda relating to the business done by such public carrier within this State for a period of three years.
2.4.1 DelDOT OPC shall have access to and the right to inspect and examine any and all vehicles, books, accounts, records, memoranda, property, plant, facilities, and equipment of public carriers. These inspections shall be made where such books, accounts, records, memoranda, property, plant, facilities, and equipment are maintained by public carriers. The OPC will provide the public carrier with at least two (2) week written notice before the OPC will perform an inspection under this section. A public carrier can request, in writing, a postponement of the inspection. An inspection may be postponed only by the OPC upon a showing of good cause from the public carrier. The inspection must be re-scheduled no more than thirty (30) days after the initial inspection date set by the OPC.
2.4.2 Per Title 21, Chapter 21, Section 2144, at any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.
2.5.1 DelDOT OPC shall, by order in writing:
2.5.1.3 Have the full authority to enforce these rules and regulations and impose any penalties in accordance with these rules and regulations including: the removal of the unexpired Certificate of Inspection issued by DelDOT OPC from the vehicles windshield; suspension or revocation of the driver’s licenses of any Certificate of Public Convenience and Necessity holders, entity representatives, employees, drivers, or others involved in company activities; suspension or revocation of the Certificate of Public Convenience and Necessity; and/or and suspension or revocation of the registration, issues issued by the Division of Motor Vehicles, of any vehicles operated operating under the a Certificate of Public Convenience and Necessity or any vehicles that are providing public carrier services without a Certificate of Public Convenience and Necessity issued by the OPC unless otherwise exempted by the Public Carrier Act.
2.5.1.4 Have the full authority to revoke a Certificate of Public Convenience and Necessity, if 180 90 days have passed after the issuance of a Certificate of Public Convenience and Necessity, and a carrier has not begun operating the proposed service. The carrier will be given a 90 30 day warning, with the opportunity to request an extension past the 180 90 day limit. If an extension is warranted, it will be granted, up to but not exceeding 180 60 days past the first 180 90 day deadline.
2.6.1 DelDOT OPC shall be responsible for the maintenance and custody of the docket files, and records of DelDOT including the transcripts of testimony and exhibits with all papers and requests filed in proceedings, and the minutes of all action taken by DelDOT, and of its findings, determinations, reports, opinions, orders, rules, regulations, and approved forms and papers required to be filed with the OPC. All documents are to be filed either in person or certified mail at the Office of Public Carrier, 119 Lower Beech Street, Wilmington DE, 19805. Documents that are time limited by law of OPC rules and policies may not be accepted by the OPC if time deadlines are not met. All requests for information and copies of official records, or a request to inspect public records shall be made to the OPC in writing.
2.6.2 All orders and other actions of DelDOT OPC shall be authenticated or signed by the Director or such other personnel as may be authorized by him/her.
2.6.42.6.3 Communications addressed to DelDOT OPC and all applications, complaints, petitions, answers and other pleadings, all reports, exhibits, depositions, transcripts, orders and other papers or documents, received or filed in the office of DelDOT OPC shall be stamped showing the date of the receipt or filing thereof.
2.6.52.6.4 All papers, of whatever character, offered for filing in any formal case shall show the title and style of the case and the docket number if such number has been assigned be written clearly, and contain the name, address and telephone number of the person filing the paper. The filing shall also describe the nature and reason for the filing and describe any relief, if any, being sought by the person filing the paper. DELDOT OPC will not be required to file any paper not so identified receive any paper that does not contain the information required by this section.
2.7.1 These Rules and Practices This regulation shall become effective in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), adoption by DelDOT OPC and approval by the Secretary of the Department of Transportation. DelDOT OPC shall take such action to insure that such known public carriers are informed by certified mail. DelDOT OPC will also utilize additional methods to publicize the effective date to reach as many public carriers as it can.
2.8.1 Upon its own initiative or request by a public carrier or individual, DelDOT OPC shall consider changes to these Rules and Practices this regulation. The proposed changes and DelDOT’s OPC’s comments and recommendations pertaining to them shall be distributed to all interested and involved parties. Changes will be made in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), and the Secretary must approve any changes prior to implementation.
3.1 Applicability. These rules and practices This regulation shall apply to all public carriers regulated by DelDOT OPC in compliance with Title 2, Chapter 18 of the Delaware Code annotated.
3.1.1 Exemption. Any vehicle that is regulated by the Delaware Fire Prevention Commission as defined by 16 Del.C. §6708(2) and is the holder of a currently valid permit to operate a vehicle as an ambulance shall be exempt from 2 Del.C. Ch.18 as a public carrier.
3.2 Resident Agent. Every public carrier shall file with DelDOT OPC a designation in writing of the name and post office address of a person residing within this State or a corporation authorized to transact business in the State, upon whom service of any notice, order or process may be made under this Chapter. Such designation may, from time to time, be changed by like writing similarly filed.
3.3.1 Hereafter no public carrier shall, without written notification to DelDOT OPC and prior approval of DelDOT OPC in instances where DelDOT OPC has jurisdiction (see Title 2, Chapter 18, §1802):
3.3.2.1 Offer to any employee of DelDOT or OPC whose duties include the regulation of public carriers any office, appointment, gift, gratuity, or special consideration of any kind whatsoever.
3.3.2.3 Extend any privileges to any person except as authorized in Title 2, Chapter 18, Section 1816 of the Delaware Code.
3.3.2.6 Physically or verbally assault, intimidate, or otherwise abuse the Director, a member, an employee, agent or other individual acting on behalf of the Office of Public Carrier Regulations OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. §1240.
3.3.2.7 Make or offer any false or misleading statement and/or and information to the Director or OPC, a member, an employee, agent or other individual acting on behalf of the Office of Public Carrier Regulations OPC, a passenger, public official or other individual publicly or privately by any means.
3.3.2.8 Have a vehicle registration which expiration date that expires after the unexpired expiration date of the renewal Certificate of Inspection sticker issued by DelDOT located in the vehicles OPC that is to be displayed at all times in the vehicle’s windshield or other location as the OPC may designate. The vehicle registration shall be issued for no longer than six (6) months in accordance with Title 21, Chapter 21, §2155, and shall expire at the same time as the unexpired Certificate of Inspection sticker issued by DelDOT located in the vehicles windshield OPC’s renewal Certificate unless the registration is issued by a State other than the State of Delaware.
3.4 Affirmative Duties. Every public carrier shall, in addition to all other duties imposed by the Laws of the State of Delaware:
3.4.2 File with DelDOT OPC on or before April 1st of the following year an annual gross revenue report for the preceding calendar year, a copy of the current year’s Division of Revenue Business License, and other special reports that may from time to time be required.
3.4.4 File with DelDOT OPC within thirty (30) days of accidents involving personal injury or property damage exceeding $1000 in which they are involved. Public carriers providing service where intrastate and interstate traffic are commingled in the same vehicle shall notify DelDOT OPC of accidents in which they are involved occurring within this State which also must be reported to a Federal agency, by reporting such accidents to DelDOT OPC on copies of forms sent to the Federal agency. In case of death resulting from an accident, DelDOT OPC shall be notified by telephone, email or in-person or telegram as soon as possible but no more than 48 hours after the accident. Both DelDOT OPC and the Federal agency shall be notified concurrently.
3.4.5 Provide to DelDOT OPC on or before April 1st of the following year a listing of drivers operating vehicles under the regulatory jurisdiction of DelDOT OPC. The list will be kept current by the carrier. Any driver employment changes and/or and notifications owners/drivers convicted of a felonious crime must be reported to DelDOT OPC within thirty (30) days of such change or conviction.
3.4.6 Provide a Federal Bureau of Investigation and a State Bureau of Investigation criminal history background check to verify that all individuals operating qualified vehicles are clear of any disqualifying crimes. This information must be submitted to DelDOT OPC by all carriers with any new hire drivers within thirty (30) days of initial employment. In addition, this information, not more than one hundred eighty (180) days old, must be submitted to DelDOT OPC by all carriers, for all owners, officers, and employees/drivers, with any new, amended, and/or or transfer application filed with DelDOT OPC.
3.4.7 Comply with these Rules and Practices. The sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by the Office of Public Carrier Regulations OPC or its agents. Any outstanding fees or penalties must be satisfied in full before the Office of Public Carrier Regulations OPC can review, renew or make any changes to a carrier’s operational authority.
3.4.8 Sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by the Office of Public Carrier Regulations OPC or its agents. Any outstanding fees or penalties must be satisfied in full before the Office of Public Carrier Regulations OPC can review, renew or make any changes to a carrier’s operational authority.
3.5 Transportation of Blind Disabled Persons with Guide Dogs Service Animals
3.5.1 All public carriers shall transport dogs service animals. A "service animal" is defined as any guide dog, signal dog or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue, pulling a wheelchair or fetching dropped items. trained for the purpose of guiding blind persons when accompanying such persons paying regular fare; provided, that the guide dogs shall be properly leashed and muzzled.
3.6.1 Smoking is prohibited as provided in Title 11 of the Delaware Code, Chapter 5, Subchapter VII, §1326 which states the following: “Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5 nor more than $25.”
3.9.3 As annotated in Title 2, Chapter 18, §1802(1)(b), a public carrier must show sufficient financial ability to compensate a member of the public for injuries to person or property, which they may sustain from acts or failures to act of the public carrier. Public carriers holding a Certificate of Public Convenience and Necessity, issued by this State, must provide the Department with one of the following:
3.9.3.2 A bond, as authorized by Delaware law. The approved bond form may be obtained from the Office of Public Carrier Regulation. A solvent, reputable surety company licensed to do business in the State of Delaware must complete the form, letter, or certificate. The bond shall be conditioned for the payment of property damage and personal injuries sustained by acts or failures to act by a Public Carrier public carrier, and shall be in an amount no less than one hundred thousand dollars ($100,000). If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount, or obtain a general liability policy as stipulated.
3.9.3.3 Documentation of any nature which the Public Carrier public carrier presents as evidence of meeting the financial ability provision. This documentation is subject to review by the Office of Public Carrier Regulation OPC, and if necessary, legal counsel of the Delaware Department of Transportation OPC. If the proposed method of accountability is accepted, it is subject to verification by the Office of Public Carrier Regulation OPC at any time, and failure to meet the financial ability provision at any time will be cause for immediate suspension of the Certificate of Public Convenience and Necessity.
3.10.1.1 ‘ At any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary OPC, or any authorized agent of the Department OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter from the OPC. This authority is in addition to the inspection authority provided under subsection 2.4.
3.10.2.7 Packages - No public carrier shall permit the transportation of any express or parcel freight to such an extent as will including, but not limited to, food or other materials that may interfere with the safety or reasonable comfort of passengers.
3.12.1.9 Refrain from physically or verbally assaulting, intimidating, or otherwise abusing the Director, a member, an employee, agent or other individual acting on behalf of the Office of Public Carrier Regulations OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. Ch.12, Section 1240.
3.12.1.10 Make or offer any false or misleading statement and/or information to the Director, a member, an employee, agent or other individual acting on behalf of the Office of Public Carrier Regulations OPC, a passenger, public official or other individual publicly or privately by any means.
3.12.2 No driver shall collect fares or compensation for the transportation services other than the established rates or charges filed with DelDOT OPC for the type of service being provided, provided, however, that this provision shall not apply to gratuities, nor shall the words "fares" or "compensation" be construed to include gratuities. Upon request the passenger will be given a receipt for the fare collected.
4.1.1 ) Rates must be filed with DelDOT OPC in accordance with Title 2 of the Delaware Code, Chapter 18, Section 1802(q) before they may be instituted. Rate graduations shall be calculated in 1/10 mile increments.
4.3.1 Public carriers shall file an application to the Office of Public Carrier Regulation OPC to amend the current rate schedule or temporary fuel surcharge fee at least thirty days prior to the effective date of the proposed rate change.
4.3.2 No public carrier shall make any change in any existing rate or time schedules without publication in a newspaper of general circulation for two separate days in two consecutive weeks in the geographic area affected by the changes. The notices shall plainly state the changes proposed to be made in the rates and schedules then in force and the time when the changes will go into effect. The notice shall be published thirty (30) days prior to the proposed effective date. All such changes shall be immediately indicated upon its schedules by such public carrier. Public carriers engaged in regularly scheduled operations shall also prominently post notice of proposed rate and schedule changes in all agency stations within the State. The proposed rate schedule changes will also be made available to the public by the office of Public Carrier Regulation on the DelDOT OPC and DMV Internet Website. The public shall have the opportunity to inspect the details of the proposed changes upon request to the agent.
4.3.3 Rate changes shall be in accordance with Title 2 of the Delaware Code, Chapter 18, Section 1802(q). Temporary fuel surcharge fees may only be effective, after approval by DelDOT OPC, for a period of ninety (90) days.
5.1 Schedule of Fees. DelDOT OPC hereby establishes the following schedule of fees applying to public carriers:
For late filing of an annual financial statement, required document and reports or report
Semi Annual late inspection and/or or late payment
$10.00/month payment is late
5.3 2 Del.C. Section 1802(g) requires all public carriers to submit an annual assessment measured by a formula equal to the product of 0.004 (4 mills) multiplied by the public carrier’s gross operating revenues for the applicable calendar year for which the assessment is made.
5.5 The annual Assessment is due on or before April 1st. Late payments are subject to a $100 penalty.
5.6 DelDOT may charge any other cost or fee authorized by 3 Del.C. Chapter 18 necessary for it to carry out its functions.
6.1.5 If 180 90 days have past passed, after the submission of the nonrefundable application, and the carrier has not fulfilled the requirements for the application to be determined substantially complete, the application will become null and void.
6.2 Notice of each application shall be forwarded by DelDOT OPC to all known competitors in the same classification of the carrier affected by the petition after the application has been reviewed and determined to be substantially complete by DelDOT OPC. Notice of new, amended and transfer applications to issue and/or or amend a Certificate of Public Convenience and Necessity will be published by DelDOT OPC with a 10 day comment period.
7.1 Investigation, Inquiry or Hearing Conducted by Examiner. In any investigation, inquiry or hearing, DelDOT may designate a hearing officer as an examiner who may administer oaths, examine witnesses and receive evidence in any locality which DelDOT having regard to the public convenience and the proper discharge of its functions and duties, may designate. Upon completion of such hearing or the taking of such testimony and evidence, the Examiner shall submit to DelDOT his/her findings and recommendations thereon, which findings and recommendations shall be considered by DelDOT and such action taken with respect thereto by DelDOT as it decides to be proper. Any determination or order of DelDOT upon any such investigation, inquiry or hearing undertaken or held by DelDOT shall not become and be effective until approved and confirmed by the Director of Administration or his/her designee, after the public hearing; and upon such confirmation, such determination or order shall be the determination or order of DelDOT.
7.2 Rules Governing Conduct of Hearings; Findings and Order
7.3 Compelling Attendance of Witnesses and Production of Documents, Oaths: Subpoenas
7.4 Refusal to Obey Subpoena, Answer Questions or Produce Documents: Contempt. If a person refuses to comply with a subpoena either to appear before DelDOT for testimony or to produce requested documents, DelDOT may apply to the Superior Court for an order compelling such attendance, testimony or production of documents in accordance with law.
7.6 Effective Date and Service of Orders.
7.7 Time
7.7.1 Computation - In computing any period of time prescribed or allowed by any rule, order or notice of DelDOT, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it falls on a Saturday, Sunday or a day made a legal holiday by the laws of this State in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.
7.7.2 Enlargement - Upon good cause shown, DelDOT may extend any period of time prescribed or allowed by any DelDOT rule, order or notice.
7.8 Parties
7.8.1 Classes - The parties to proceedings before DelDOT are applicants, complainants, defendants, interveners, petitioners, and respondents, according to the nature of the proceedings and their relation thereto.
7.8.2 Applicants - In proceedings involving applications for any permission, authorization or approval which DelDOT may give under the authority of the Law, the public carriers or persons making such applications are the applicants.
7.8.3 Complainants - Persons who complain to DelDOT of anything done or omitted to be done by any public carrier or person, subject to the jurisdiction of DelDOT, in violation of any law which DelDOT has the power to administer, or of any rule, regulation or order of DelDOT.
7.8.4 Defendants - Public carriers or persons subject to the Law or any orders, rules or regulations issued or promulgated thereunder, against whom any complaint is filed.
7.8.5 Interveners - Persons permitted to intervene in any proceedings before DelDOT as hereinafter provided.
7.8.6 Petitioners - Persons seeking relief, not otherwise designated herein.
7.8.7 Respondent - Public carriers against whom an investigation or other proceeding is instituted by DelDOT on its own initiative.
7.9 Attorneys. Any party may appear and be heard in person or by an Attorney-At-Law in good standing, and a corporation or association may be represented by a bona fide officer thereof.
7.10 Conduct. Any participant or person present at a hearing who becomes disruptive may, at the discretion of the hearing officer, be barred or removed from such hearing.
7.11 Complaints. Complaints may be either formal or informal.
7.12 Answer and Service
7.13 Petitions for Relief. Petitions for relief shall be under oath and state clearly and concisely the interest of the petitioner in the subject matter of the petition and the relief sought, and shall cite by appropriate references the statutory or other authority relied upon for relief and shall conform as nearly as possible to the general requirements for applications.
7.14 Petitions for Leave to Intervene
7.15 Amendments
7.16 Hearings
7.17 Continuances
7.18 Stipulation of Facts. The parties to any proceeding or investigation may, by stipulation in writing filed with the Director, agree upon the facts, or any portion thereof, or the authenticity of any relevant documents involved in the controversy, which stipulation may be received in evidence at the hearing, and when so received shall be binding on the parties with respect to the matters therein stipulated.
7.19 Witnesses
7.20 Briefs
7.21 Rehearing or Reargument
8.10.0 Audit
810.1 Audit Requirement. The books and records of all Public Carriers public carriers shall be subject to audit by DelDOT OPC to verify compliance with 2 Del.C. Chapter 18 and Rules and Practices of the Delaware Department of Transportation OPC pertaining to the Regulation of Public Carriers Operating public carriers operating in the State of Delaware.
810.2 Audit Notification. At least thirty (30) days notice prior to conducting a routine audit, the Public Carrier public carrier shall be contacted in writing and advised of the approximate date that an audit is to be conducted, the records to be produced, the location of the audit and the time period the audit will cover. The notification will provide the Public Carrier the opportunity to make the required records available.
810.3 Record Keeping Requirements.
810.3.1 All Public Carriers public carriers must maintain operational records that support the total distance traveled by all registered qualified vehicles and the annual gross revenue collected as a result of both intrastate and interstate operations. Operational records include source documents suitable for verification of distance traveled and gross revenue collected. An acceptable source document for verifying total distance traveled is a “Log Sheet”. A standardized Log Sheet is required and must be maintained in the vehicle daily, during times of operation, and shall contain the following minimum information:
810.3.1.1 Date of trip (starting and ending)
810.3.1.2 Registrant’s name
810.3.1.3 Vehicle number
810.3.1.4 Trip origin and destination
810.3.1.5 Time leaving origin
810.3.1.6 Time arriving at destination
810.3.1.7 Number of passengers
810.3.1.8 Routes of travel
810.3.1.9 Beginning and ending odometer reading of the trip
810.3.1.10 Total trip distance traveled
810.3.1.11 Fees charged
810.3.2 From the information recorded on the Log Sheets, the Public Carrier public carrier must prepare and maintain at a minimum:
810.3.2.1 A quarterly mileage and gross revenue summary that recaps the activity of each qualified vehicle operated.
810.3.2.2 A quarterly mileage and gross revenue summary that recaps the activity on a per service type basis.
810.3.2.3 A summary of the quarterly recaps used in preparing the Annual Gross Revenue return that includes the mileage and gross revenue collected on a per service type basis.
810.3.2.4 Summaries are not acceptable at face value and must be supported by source documents such as Log Sheets in order to be of any use during the Audit audit.
810.3.3 The information recorded on the Log Sheets must be accurate and readable. The mileage figures and gross revenue to be entered on the Trip Logs can be obtained from various sources such as odometer and taximeter readings as long as the method used is accurate and consistent.
810.3.4 In recording the mileage traveled and the gross revenue collected, the Public Carrier public carrier must record all movement (intrastate and interstate) of all qualified vehicles.
810.3.5 All Public Carriers public carriers will be required to sign a record keeping requirements certification annually attesting to compliance with records to be maintained for this department to verify compliance with Delaware Law and this Department’s promulgated regulations.
810.4 Penalties. Failure to maintain records upon which the Public Carrier’s public carrier’s true gross revenue liability may be determined or to make records available upon proper request shall result in the following:
810.4.1 An assessment of the gross revenue of the Public Carrier public carrier, determined on the basis of the best information available to this department the OPC;
810.4.2 a A $250.00 penalty per qualified vehicle registered; and
810.4.3 possible Possible revocation or suspension of the operating credentials of any Public Carrier who fails, neglects, or refuses to file a tax report with full payment of tax when due.
810.5 Record Retention Period. The Public Carrier public carrier is required to preserve the records upon which the annual gross revenue returns are based for four years from the return due date or the filing date whichever is later. Failure to provide records demanded for audit purposes extends the four year record retention requirement until the records are provided. Records may be kept on microfilm, microfiche, or other computerized or condensed record storage system acceptable to the department.
810.6 Audit Appeal Rights. Within sixty thirty (60 30) days of notification of audit results, the Public Carrier public carrier may file with the DelDOT OPC a petition for redetermination of such assessments. Every petition for redetermination shall state specifically the reason(s) which the petitioner believes entitles the petitioner to such determination. It shall be the duty of the Secretary of Transportation OPC within ninety sixty (90 60) days after the receipt of the petition to dispose of such petition for redetermination. Notice of the decision shall be given in writing to the petitioner promptly by the Secretary of Transportation OPC.
911.0 Specifications for Charter Buses
911.1 Upon application by letter of any public carrier operating in this State, DelDOT OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter. DelDOT OPC recognizes that improved vehicle designs may demand a further evaluation on a case by case basis.
911.2 Safety Regulations
911.2.1 DelDOT OPC hereby adopts as part of these Rules and Practices Part 393, Parts and Accessories Necessary for Safe Operations, Subchapter B, Chapter 1, Title 29, Transportation, of the United States Code. Part 393 is published in a booklet entitled Motor Carrier Safety Regulations published by the Bureau of Motor Carrier Safety, Federal Highway Administration, U.S. Department of Transportation. This booklet is available from the Government Printing Office, Washington, D.C.
911.2.2 All buses regulated by DelDOT whether used in interstate or intrastate operations, must conform to the regulations stipulated in Part 393 of USC Title 49, and as specified in Del. Code, Title 21, §4502.
911.2.3 An individual operating a Commercial Motor Vehicle, as defined in 21 Del.C. Ch. 26, §2603(7)(10), must possess a Commercial Drivers Driver’s License, as defined in 21 Del.C. Ch. 26, §2603(5)(8), and must comply with the Uniform Commercial Driver License Act (21 Del.C. Ch. 26) in its entirety.
911.3 Specifications for Charter Buses
911.3.1 Identification
911.3.1.1 No bus shall be operated unless it displays on each side of its exterior in clearly visible letters at least 1-5/8" 4.1cm in height the exact name of the owner.
911.3.1.2 The name of lessee, if any, shall be displayed in like manner, preceded by the words, "operated by".
911.3.1.3 Every bus shall be assigned an identifying number by the carrier. This number must be displayed on the interior front and the front and rear of the exterior. Interior numbers shall be at least 1-3/8"/3.5cm in height. All exterior numbers shall be at least 3-5/8"9.2cm in height and of a sharply contrasting color from the background.
911.3.1.4 Each bus shall have displayed on the right hand side thereof the number assigned by DelDOT in letters and figures 2"/5.1cm high in the following style:
911.3.1.5 All exterior lettering identifying buses as school buses shall be covered when using the bus in charter service.
911.3.1.6 Required lettering and numbering color must be sharply contrasting in color from the background color of the vehicle and permanently affixed to the vehicle.
911.3.2 Inspection and Certificate of Inspection
911.3.2.1 All buses for which Certificates have been issued by DelDOT OPC shall be inspected at least twice annually. Nothing herein contained shall limit DelDOT OPC to require more frequent inspection of such buses when, in its opinion, it is in the public interest. Buses not domiciled in Delaware or who are self-inspecting must be inspected at a motor vehicle inspection lane semi-annually.
911.3.2.2 No bus shall be operated unless it prominently displays on the right hand windshield, visible from the exterior, an unexpired Certificate of Inspection issued by DelDOT OPC or its agent. Buses meeting the inspection requirements of states having reciprocity agreements with DelDOT OPC shall be deemed to have met the requirements of DelDOT OPC.
911.3.2.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by DelDOT OPC.
911.3.3 Maintenance
911.3.3.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition. condition:
911.3.3.1.1 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.
911.3.3.1.2 Brakes must stop the vehicle within required distance.
911.3.3.1.3 Glass in windows must have no holes, breaks or cracks.
911.3.3.1.4 Mirrors must be clean and unbroken.
911.3.3.1.5 Windshield wipers must be fully operative (the rubber blades must be in good condition).
911.3.3.1.6 Hood and trunk latches must hold hood and trunk fully closed.
911.3.3.1.7 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads.
911.3.3.1.8 Doorknobs or equivalent must be present and in working condition.
911.3.3.1.9 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.
911.3.3.1.10 Horn must be in operating condition.
911.3.3.1.11 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system.
911.3.3.1.12 There must be no fuel, antifreeze, or other fluid leaks.
911.3.3.1.13 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.
911.3.3.1.14 No tinting or sun screening device can be applied to the front windshield or to the front side windows.
911.3.3.1.15 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.
911.3.3.2 A current record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.
911.3.3.3 Each carrier shall make a complete inspection of each motor vehicle at regular time or mileage intervals, i.e. weekly/every 1000 miles, for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained at the office, garage or repair shop where such inspection is made for at least three years.
911.3.3.4 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.
911.3.3.5 The passenger section shall be kept clean and sanitary, and free of debris.
911.4 Simulating Color or Design. Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for the revocation of a Certificates Certificate. This regulation shall not apply to school buses.
102.0 Specifications for Railroads
102.1 Specifications for Railroads. DelDOT hereby adopts as part of these Rules and Practices the following most recent parts of Title 49, Transportation Code of Federal Regulations; Parts 200 through 266.
102.2 Track Railway Engineering – Minimum Standards. DelDOT hereby adopts as part of these Rules and Practices, the most recent edition of the American Railway Engineering Association (AREA) Manual for Railway Engineering, Volume I and II, and the Portfolio Track Work Plan in their entirely.
113.0 Specifications for Limousines
113.1 Upon application by letter of any public carrier operating in this State, DelDOT OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of DelDOT OPC that such a waiver will not endanger the safety of the public.
113.2 Safety Regulations
113.3 Registration Requirements
113.3.1 Per Title 21 of the Delaware Code, Chapter 21, Section 2109(a): “Any vehicle described in § 2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled...The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law.”
113.3.2 In accordance with the statutory authority granted by the Code chapter specified above, all limousines must be registered for a period of six months following the initial registration period. In addition the inspection sticker shall expire at the same time as the vehicle registration.
113.3.3 Per Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive or move, nor shall any person, being the owner of a limousine, knowingly permit to be driven or moved upon any highway, any limousine which is not registered as a limousine and for which a certificate of title has not been issued or applied for, or for which current limousine registration plates have not been issued and paid for.
113.3.4 Per Title 21, Chapter 21 of the Delaware Code, Section 2172, Limousines must display, on the rear of the vehicle, the specific license plate beginning with the letters “LX”, registered to that limousine.
113.4 Operational Regulations
113.4.1 Inspection and Certification of Inspection
113.4.1.1 All limousines for which Certificates have been issued by DelDOT OPC must be inspected at a Delaware motor vehicle inspection lane semi-annually. Nothing herein shall limit DelDOT OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires. Limousines not domiciled in Delaware or who are self-inspecting, must be inspected at a Delaware motor vehicle inspection lane annually.
113.4.1.2 No limousine shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by DelDOT OPC or its agent.
113.4.1.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by DelDOT OPC.
113.5 Maintenance
113.5.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition. condition.
113.5.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.
113.5.3 Brakes must stop the vehicle within required distance.
113.5.4 Glass in windows must have no holes, breaks or cracks.
113.5.5 Mirrors must be clean and unbroken.
113.5.6 Windshield wipers must be fully operative (the rubber blades must be in good condition).
113.5.7 Hood and trunk latches must hold hood and trunk fully closed.
113.5.8 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire’s wear bar indicators.
113.5.9 Doorknobs or equivalent must be present and in working condition.
113.5.10 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.
113.5.11 Horn must be in operating condition.
113.5.12 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer.
113.5.13 There must be no fuel, antifreeze, or other fluid leaks.
113.5.14 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.
113.5.15 Bumper height on limousines must not exceed 22 inches from the ground to the bottom of the bumper.
113.5.16 No tinting or sun screening device can be applied to the front windshield or to the front side windows.
113.5.17 No air scoops shall be mounted on a vehicle hood that exceeds 3 inches.
113.5.18 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.
113.5.19 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.
113.5.20 Each operator shall make a complete inspection of each motor vehicle at least once each week for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.
113.5.21 The maintenance facilities or an arrangement for the use of such facilities, of each carrier shall be adequate and shall include either a suitable pit, ramp or hoist.
113.5.22 The passenger section shall be kept clean and sanitary and free of debris.
113.6 Fixed Termini
113.6.1 A limousine for hire can only engage in “Prearranged” transportation over regular or irregular routes between 2 termini, at least 1 of which must be fixed.
113.6.2 A limousine for Hire, picking up passengers at any location in the State of Delaware, must have been arranged or reserved by the passenger or a third party via telephone, facsimile, or computer at the request of the passenger before the Vehicle for Hire is dispatched and may not pick up anyone other than the passenger. A written trip ticket and/or or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip must be available in the vehicle for inspection by DelDOT OPC. Lack of such written evidence shall constitute operation of an illegal Taxicab Service.
113.6.3 A limousine for hire may not enter a Taxicab Stand or be stationed within twenty five hundred (2500) feet of a hotel or business property without a written trip ticket and/or or written contract of having been summoned by the passenger to provide service for this specific date, time, and trip in the vehicle. Performance of such activity without a written trip ticket and/or or written contract shall constitute operation of an illegal Taxicab Service.
113.6.4 When waiting for a passenger at any location, the driver of the limousine shall place a card in the rear side window of the vehicle prominently displaying the surname of the passenger until the passenger boards the vehicle.
113.6.5 Drivers regulated by this Chapter shall not offer nor give payment to anyone for securing or the prospect of securing any fare or trip.
124.0 Specifications for Medical Transport Vehicles
124.1 Upon application by letter of any public carrier operating in this State, DelDOT may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of DelDOT that such a waiver will not endanger the safety of the public.
124.2 “Medical Transport Vehicles” operate as limousines, but serve a specific purpose, as defined in Chapter 1. The Registration and Maintenance requirements identified in Chapter 11 also apply to this subcategory of limousines.
124.3 Safety Regulations. Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.
124.3.1 Inspection and Certification of Inspection
124.3.1.1 All medical transport vehicles for which Certificates have been issued by DelDOT shall be inspected semi-annually by DelDOT or its agents OPC. Nothing herein shall limit DelDOT OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires. Medical Transport vehicles not domiciled in Delaware or who are self-inspecting, must be inspected at a motor vehicle inspection lane annually.
124.3.1.2 No medical transport vehicle shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by DelDOT or its agent OPC.
124.3.1.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by DelDOT OPC.
124.3.2 Vehicle
124.3.2.1 Medical Transport Vehicles must permanently display the Certificate Holder’s name and telephone number on the exterior of the vehicle with a minimum of 3”/7.65 cm. in height.
124.3.2.2 Each medical transport vehicle must have displayed on both sides thereof, the number assigned by DelDOT in letters and figures two inches 2"/5.1cm. in the following style:
124.3.2.3 All letters, numerals, and markings must be painted or permanently affixed and of colors contrasting with the background vehicle color.
124.3.2.4 For all medical transport vehicles used for paralift operations, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of the ramp, shall be a minimum of 56 inches, or such other distance as may be required by ADA or other federal or state laws or regulations.
124.3.2.5 All medical transport vehicles with wheelchair lifts must have a design load capacity of at least 600 pounds.
124.3.2.6 No ramps may be used for the loading and unloading of passengers unless they meet ADA Accessibility Guidelines.
124.3.2.7 All tie-downs or other securement devices used for paralift operations must meet the ADA Accessibility Guidelines.
135.0 Specifications for Taxicabs
135.1 Upon application by letter of any public carrier operating in this State, DelDOT OPC may waive the requirements (other than those specified in the Delaware Code) of this Chapter if it is shown to the satisfaction of DelDOT that such a waiver will not endanger the safety of the public.
135.2 Safety Regulations. Each operator and its officers, agents, employees and representatives shall comply with the following regulations, and each operator shall require that said officers, agents, employees and representatives shall become conversant with these regulations.
135.3 Registration Requirements:
135.3.1 Per Title 21 of the Delaware Code, Chapter 21, Section 2109(a):Any vehicle described in §2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled...The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law.”
135.3.2 In accordance with the statutory authority granted by the Code chapter specified above, all taxicabs must be registered for a period of six months following the initial registration period. In addition the inspection sticker shall expire at the same time as the vehicle registration.
135.3.3 Per Title 21 of the Delaware Code, Chapter 21, Section 2171, no person shall drive or move, nor shall any person, being the owner of a taxicab, knowingly permit to be driven or moved upon any highway, any taxicab which is not registered as a taxicab and for which a certificate of title has not been issued or applied for, or for which current taxicab registration plates have not been issued and paid for.
135.3.4 Per Title 21, Chapter 21 of the Delaware Code, Section 2172, taxicabs must display, on the rear of the vehicle, the specific license plate beginning with the letters “TX”, registered to that taxicab.
135.4 License Requirements: Per Title 21, Chapter 27 of the Delaware Code, Sections 2761 and 2762, all persons who operate a taxicab on Delaware highways must have a valid license with a taxi endorsement. The driver must complete a Defensive Driving Course, be at least 18 years of age, provide a certified copy of a police background check indicating no serious criminal offenses, not have been revoked for the past five years, and pass the eye screen and written tests.
135.5 Taximeters
135.5.1 For any taxicab operated within this State equipped with a single taximeter, a calibrated unit sealed to the cradle, which internally and automatically calculates a predetermined fare based on cents per mile, the taximeter shall be installed in the front of the taxicab so that, at all times, it shall be plainly visible to and the fare readily ascertainable by all occupants of the taxicab. The face of the taximeter shall be illuminated at all times.
135.5.2 No taximeter affixed to a taxicab shall be operated from any drive other than the transmission of such taxicab. Any taximeter operated by any other means must be approved by DelDOT OPC before installation.
135.5.3 The taximeter and taximeter driving equipment shall be so sealed that the taximeter case, taximeter cradle, taximeter driving equipment, additional gear boxes, if any, cannot be disconnected without breaking a current and valid seal.
135.5.4 The taximeter and appurtenant equipment must be tested and sealed to the cradle by a qualified testing agency, approved by the Office of Public Carrier Regulation, OPC annually. The testing agency will seal the taximeter unit to avoid tampering and issue a certificate of calibration to the Office of Public Carrier Regulation OPC on forms provided by this department and due to this office by January 1 of each year. Any taximeter removed from a taxicab vehicle with or without its seals intact and placed in the same or another taxicab vehicle must be recertified and resealed by a qualified testing agency.
135.5.5 It shall be the responsibility of any public carrier operating a taxicab or taxicabs under a Certificate of Public Convenience and Necessity to cause the taximeters to be so regulated that the fare shall be calculated and registered in accordance with the current rates on file with and approved by DelDOT OPC.
135.5.6 The taximeter shall be in operation during every trip, the entire time the taxicab is engaged by a passenger. The passenger shall be required to pay only the amount recorded on the meter at the point of destination. If a flat fee is agreed upon prior to the trip, the passenger shall be required to pay the lesser of the two fares.
135.5.7 Rate graduations shall be calculated in 1/10-mile increments.
135.6 Operational Regulations
135.6.1 Fare Receipt. The driver of any taxicab shall, if requested, deliver to the person paying for hire of said vehicle, at the time of payment, a correct receipt of such payment. The receipt shall be legible and shall show the name of the company or owner, the vehicle number, the name of the driver, all items for which a charge is made, the total amount paid and the date of payment.
135.6.2 Baggage and Expressage. No charge shall be made by any taxicab owner or driver for up to two (2) standard size suitcases and one (1) handbag by any fare-paying passenger. Nothing in this section shall be interpreted as permitting the hiring of such vehicle for expressage purposes only. A fee may be charged for additional baggage provided it has been included on the current rate schedule on file with the Office of Public Carrier Regulation OPC.
135.6.3 Group Riding. The operator of a taxicab shall accept other parties for transportation in the same taxicab to destinations in the same general direction as that for which it is engaged by the first party only with the consent of that party.
135.6.4 Direct Route. All trips by taxicabs shall be made by the most direct route from point of pickup to point of destination.
135.6.5 Taxicab Stands. A taxicab operator may not park in a public taxicab stand unless the cab is available for hire and its operator is awake and within plain view of the vehicle. An operator must not occupy any taxicab in a public taxicab stand other than that of which the individual is the operator. Drivers regulated by Title 2, Chapter 18 shall not offer nor give payment to anyone for securing or the prospect of securing any fare or trip.
135.7 Identification of Taxicabs
135.7.1 Each vehicle must have a State of Delaware taxi medallion issued by DelDOT OPC securely affixed to each side of the vehicle’s front corner panels, affixed above the height of the front tires on the taxicab. The medallions shall be numbered to identify each individual vehicle.
135.7.2 Each vehicle must be clearly marked "TAXI" by letters having a height of at least four inches 4"/10.2cm. and a width of at least one inch 1"/2.5cm. on front and rear. In addition, each side shall be so marked or identified by the Certificate Holder’s name, emblem or trademark, if any, and telephone number with a minimum height of 3”/7.65 cm.
135.7.3 The name of the lessee, if any, must be displayed in like manner, preceded by the words, "operated by". Any public carrier operating a taxi may elect to display the name of the lessee operating the taxi by using a temporary magnetic sign that is otherwise in compliance with this regulation. The taxi being operated must at all times have the correct temporary magnetic sign reflecting the actual individual operating the vehicle.
135.7.4 Every taxicab must be assigned an identifying number by the operator. The number shall be clearly marked by numerals at least four inches 4"/10.2cm. high on the rear and on each side.
135.7.65 An exterior illuminated top light permanently affixed must be installed on the forward third of the car roof. This top light may or may not be lettered, but should be controlled by the taximeter or a switch so that it will indicate "occupied" or "vacant".
135.7.76 All letters, numerals, and markings must be painted or permanently affixed and of colors contrasting with the background vehicle color.
135.7.87 Other markings and advertising are permitted to be affixed if they do not obscure the minimum standard markings.
135.7.98 Each taxicab must have permanently affixed on the rear doors, on both sides of the vehicle, in letters and figures at least one inch 1”/2.5cm in height the initial drop charge, rate per mile, wait time, requirements for a specific rate if more than 1 rate is utilized, and any additional charge for extra passengers.
135.8 Inspection and Certificate of Inspection
135.8.1 All taxicabs for which Certificates have been issued by DelDOT OPC shall be inspected semi-annually. Nothing herein shall limit DelDOT OPC to require more frequent inspection of such vehicles when, in its opinion, the safety of the public so requires.
135.8.2 No taxicab shall be operated unless it prominently displays on the right hand side of the windshield, visible from the exterior, an unexpired Certificate of Inspection issued by DelDOT OPC or its agent.
135.8.3 The passenger capacity of each vehicle is determined by the manufacturer’s rating, however, the vehicle may be permanently altered to reduce passenger capacity as long as the integrity and safety of the vehicle has not been compromised and has been approved by DelDOT OPC.
135.9 Maintenance
135.9.1 The body, chassis, engine and all equipment shall be maintained in proper adjustment and safe operating condition. condition:
135.9.2 All lights must be clean, in working order and properly aimed. This includes stoplights, turn signals, license plate lights, parking lights and headlights.
135.9.3 Brakes must stop the vehicle within required distance.
135.9.4 Glass in windows must have no holes, breaks or cracks.
135.9.5 Mirrors must be clean and unbroken.
135.9.6 Windshield wipers must be fully operative (the rubber blades must be in good condition).
135.9.7 Hood and trunk latches must hold hood and trunk fully closed.
135.9.8 Tires must have no bulges, no fabric showing, no bald areas and no cuts. Tread depth must be at least 2/32 inch measured in two adjacent treads or indicated by the tire’s wear bar indicators.
135.9.9 Doorknobs or equivalent must be present and in working condition.
135.9.10 There must be no damaged or dislocated parts projecting from the vehicle that could present a safety hazard.
135.9.11 Horn must be in operating condition.
135.9.12 Muffler must effectively reduce sound of engine exhaust. No leaks in exhaust system. Catalytic converter must be installed if originally equipped from manufacturer.
135.9.13 There must be no fuel, antifreeze, or other fluid leaks.
135.9.14 There must be no excessive discharge of fluids or exhaust emissions to cause a vehicle to smoke.
135.9.15 Bumper height on taxicabs must not exceed 22 inches from the ground to the bottom of the bumper.
135.9.16 No tinting or sun screening device can be applied to the front windshield or to the front side windows.
135.9.17 No air scoops shall be mounted on a vehicle hood that exceeds 3 inches.
135.9.18 Windshield must have no cracks that interfere with vision. Any cracks over 5 inches on any window are mandatory failure items. Minimum height of visibility in windshield is 10 inches.
135.9.19 A correct record shall be kept showing the vehicle identification, date of breakdowns, any defects reported and corrective measures taken. These records shall be retained by the carrier for at least three years.
135.9.20 Each certificate Certificate holder shall make a complete inspection of each motor vehicle at least once each week for mechanical or structural defects and all necessary repairs shall be made before the motor vehicle is returned to service. An itemized record of each inspection showing the date, vehicle identification, lubrication record and adjustments, and signed by the person making such inspection, shall be retained by the carrier for at least three years.
135.9.21 All records will be available to DelDOT OPC for inspection at the discretion of DelDOT OPC.
135.9.22 The maintenance facilities or an arrangement for the use of such facilities, of each Certificate holder shall be adequate and shall include either a suitable pit, ramp, lift or hoist.
135.9.23 The passenger section shall be kept clean and sanitary and free of debris.
135.10 Card Reader.
135.10.1 Any taxicab equipped with or advertises for the use of an electronic payment devise that would allow the use of a credit card and/or or debit card, shall be placed out of service immediately, if such electronic payment devise becomes damaged and/or or not functional, until such time that the taxicab has the electronic payment devise operational and/or or discontinue or remove the advertisement for the use of a credit card and/or or debit card.
135.11 Simulating Color or Design
135.11.1 Public carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles of special design or markings operated by other carriers within the same local area. Such simulation of design or any other act intended to invite patronage by deception will be considered as sufficient ground for revocation of Certificates. This regulation shall not apply to school buses.
135.12 Replacement Medallions
135.12.1 A lost or stolen medallion may be replaced at the cost of $100.00 per medallion. A written request for replacement must be received by the Office of Public Carrier Regulation OPC, on company letterhead, and signed by an authorized representative of the company. The written request must include the medallion number(s) for which the request was written. An affidavit must then be obtained from the Office of Public Carrier Regulation OPC, signed and notarized before the issuance of the replacement medallion(s). All outstanding inspections, reports, fees, etc. due to the Office of Public Carrier Regulation OPC must be resolved before any replacement medallions will be issued.
135.12.2 A medallion may be replaced at the cost of $20.00 per medallion due to an accident, mechanical failure, breakdown, or vehicle exchange. A written request for replacement must be received by the Office of Public Carrier Regulation OPC, on the form approved by DelDOT OPC, and signed by an authorized representative of the company. The facts of the matter will be verified before replacement is made. The written request must include the medallion number and DelDOT OPC number for which the request was written. All outstanding inspections, reports, fees, etc. due to the Office of Public Carrier Regulation OPC must be resolved before any replacement medallions will be issued.
Last Updated: December 31 1969 19:00:00.
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