COMMERCIAL TRANSPORTATION VEHICLES

Boise City Code tit. 3, ch. 13, art. B

in effect

Boise City Code § 3-13B-1 LEGAL AUTHORITY

3-13B-1: LEGAL AUTHORITY: Idaho Code sections 50-301 and 50-307 authorize the City to adopt and enforce ordinances, rules and regulations governing standards and procedures for licensing persons who engage in or operate a trade or business within the City. (Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-2 PURPOSE

3-13B-2: PURPOSE: The purpose of the Commercial Transportation Services licensing program is to promote public health, safety, and welfare through the inspection and licensing of mechanically sound and insured commercial transportation vehicles and the licensing of drivers. (Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-3 SCOPE

3-13B-3: SCOPE: This chapter establishes minimum standards and procedures for licensing and operating a commercial transportation business within the City. (Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-4 GENERAL LICENSING PROVISIONS APPLICABLE

3-13B-4: GENERAL LICENSING PROVISIONS APPLICABLE: To the extent not inconsistent with this chapter, the licensing provisions set forth in chapter 1, article A of this title, shall apply with full force and effect to all provisions and sections of this chapter. (Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-5 DEFINITIONS

3-13B-5: DEFINITIONS: For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders. A-WEIGHTED SOUND LEVEL: | The sound level measured in decibels ("dBA") using the A-weighted network which is the network that most closely resembles what the human ear hears. APPLICANT: | A person making an application for a license, or the renewal thereof, to own, lease, use, operate, drive or maintain a commercial transportation vehicle. AUTO TRANSPORTATION SERVICE: | Any business operating one or more commercial transportation vehicles for hire by prearranged appointment only, at hourly, daily or weekly rates, or as agreed upon by the passenger and business, and which is conducted or maintained for the purpose of providing transportation with services carrying passengers for hire, and which transports passengers between points and over such routes as may be directed by a passenger, and not on a regular route. BUS: | A motor vehicle used for the purpose of transporting people with a minimum capacity of sixteen (16) passengers which is hired to provide services for a passenger or group of passengers traveling from one location to another for a common purpose, or which provides regular route service from one location to another and which is subject to the Federal Motor Carrier Safety Regulations under the jurisdiction of the Idaho State Police and Idaho Transportation Department. COMMERCIAL TRANSPORTATION SERVICE BUSINESS LICENSE: | A license to engage in a business operating one or more commercial transportation vehicles for the purpose of an auto transportation service, limousine service, shuttle service, touring vehicle service, or any other service for the purpose of transporting passengers between specified points on either a regular route or at the direction of the passenger at fares agreed upon by the passenger and business. Such a service does not include taxicabs which are regulated separately under article A of this chapter. Such service does not include a "bus" or "courtesy vehicle service", as defined in this section. COMMERCIAL TRANSPORTATION SERVICE DRIVER'S LICENSE: | A license to drive, operate or have charge of a commercial transportation vehicle pursuant to, and in conjunction with, a valid commercial transportation service business license. COMMERCIAL TRANSPORTATION VEHICLE: | Any motorized or non-motorized vehicle used to transport passengers for hire or any other consideration as defined herein. This definition does not include the use of taxicabs operated pursuant to article A of this chapter, buses, courtesy vehicle service vehicles, or vehicles operated as part of a governmentally sponsored program. A commercial transportation vehicle shall only be operated by a driver possessing a commercial transportation service driver's license pursuant to a commercial transportation service business license. COURTESY VEHICLE SERVICE: | Any service operating one or more commercial transportation vehicles on behalf of a business, such as a hotel, convention center or other business entity, for the purpose of transporting passengers who are patronizing that business, to or from the business. Such vehicles are not for hire by the general public at any time, and shall be clearly marked with the business name or logo, owned by, leased by or contracted for by the business, and exclusively dedicated to serve the business and patrons of the business, at no charge to the patron. Courtesy vehicles may not provide transportation to any passenger for a charge. Tips or gratuities may be offered to the driver at the conclusion of the service, at the sole discretion of the passenger, but may not be solicited or negotiated by the driver at any time. DECIBEL OR DB: | A unit for measuring the relative loudness or intensity of sounds. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (DOWNTOWN BID): | Area bounded by State Street, Fourth Street, Myrtle Street and Thirteenth Street in Boise City, Idaho. DRIVER: | Any person who drives or who is in actual physical control of any commercial transportation vehicle. "Actual physical control", as used in this article, shall be defined as being in the driver's position of the commercial transportation vehicle with the motor running or, if no motor exists in the vehicle, with the vehicle moving. FARE: | Money or other value given in exchange for transporting a person or passenger pursuant to a commercial transportation business license, based upon agreement between the passenger and business. LICENSING OFFICE: | The City Clerk or his/her designee. LIMOUSINE SERVICE: | Any business operating one or more commercial transportation vehicles for hire by prearranged appointment only, at hourly, daily or weekly rates as agreed upon between the passenger and business, which is conducted or maintained for the purpose of providing luxury transportation with services carrying passengers for hire, and which transports passengers between points and over such routes as may be directed by a passenger, and not on a fixed route. Such vehicles include, but are not limited to, limousines, luxury town cars, "party buses" and stretch sport utility vehicles. MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE: | Any vehicle with a motor that is powered by gasoline, electricity, or other fuel, and is used to transport passengers for hire or other consideration. Examples of motorized commercial transportation vehicles shall include, but not limited to those used for auto transportation services, limousine services, touring vehicle services, or shuttle services. NON-MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE: | Any vehicle without a motor that is powered by humans or is drawn by animals such as horses or donkeys and is used to transport passengers for hire or other consideration. Examples of non-motorized commercial transportation vehicles shall include, but not limited to bicycle bars, rickshaws, pedicabs, or horse-drawn carriages. PERSON: | Any person, firm, partnership, association, corporation, company or any organization of any kind. PREARRANGED APPOINTMENT: | Transportation for a passenger or group of passengers that is arranged in advance, or pursuant to a regular route between specified points, and is provided in a commercial transportation vehicle. SHUTTLE SERVICE: | Any business operating one or more commercial transportation vehicles for hire by prearranged appointment and not on a regular route and charged on a per passenger basis, which may make multiple stops, picking up one or more fare paying passengers, on the way to one or more destination. SOUND LEVEL METER: | A device capable of measuring sound using A-weighting. TOURING VEHICLE SERVICE: | Any business operating one or more commercial transportation vehicles, other than one rented without a driver, or a taxicab, bus or limousine, or incident to a governmentally sponsored program, used for the transportation of more than four (4) passengers for hire for sightseeing, educational tours or other such similar excursions, the charges for which are determined by the length of time for which the vehicle is engaged, the distance traveled, a fixed fee, or any combination of such methods of determining such charges. (1952 Code § 5-03-01; amd. 2019 Code; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-6 BUSINESS LICENSE REQUIRED

3-13B-6: BUSINESS LICENSE REQUIRED: A. License Required: It shall be unlawful for any person to own, lease, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a commercial transportation vehicle within the City unless a valid business license pursuant to this article has been issued. (1952 Code § 5-03-02) B. Application Required; Background Check: Application for such license shall be made to the Office of the City Clerk in such form and manner as may be prescribed, but the application shall include: the name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders or agent; the name of the operating manager; proof of a valid driver's license; a statement of the number of vehicles to be operated and each vehicle identification number; a listed telephone number; and such other information as may be required. C. Investigation: Upon receipt of an application for a license, the Office of the City Clerk shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to hold a commercial transportation service business license and to own, lease, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a commercial transportation vehicle. D. Persons Prohibited: No person shall be issued a license to engage in the business of owning, leasing, conducting, operating or maintaining a commercial transportation vehicle when that person: 1. Is under the age of eighteen (18) years; 2. Is required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8301, et seq., and the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8401, et seq.; 3. Has ever been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony involving the use or threat of violence against the person of another, or any felony involving the sexual enticement of minors; 4. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony not covered by subsection D3 of this section; 5. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, or sentenced to confinement (including options in lieu of confinement) for any misdemeanor involving: a. The use of force against the person or property of another; b. The threat of force against the person of another; c. Stalking, telephone harassment or violations of protection orders or no contact orders; d. Theft or larceny; e. The use, possession or sale of illicit drugs; f. Possession of a concealed weapon; g. Illicit sexual activity; or h. Driving under the influence of alcohol or drugs. 6. Has, at the time of such application, an outstanding warrant; or 7. Has had a similar license revoked by this City or any other city of this State, or of the United States, within the preceding three (3) years. E. Drivers Required To Maintain Commercial Driver's License: In addition to obtaining a commercial transportation service business license, the licensee shall ensure that all drivers of the business' commercial transportation vehicles continually maintain and conspicuously place within the commercial transportation vehicle a commercial transportation service driver's license. The operation of a commercial transportation vehicle by a driver without a valid commercial transportation service driver's license shall subject the commercial transportation service business license to suspension or revocation. F. Qualifications Of Partners, Members: The affirmative showing required with respect to the qualifications of an applicant shall also be required to be made with respect to each partner of a partnership application and to each incumbent officer, director or member of the Governing Board of a corporation or association application. G. Qualifications Maintained: A commercial transportation service business license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application, and a licensee must continue to have and maintain all the qualifications and none of the disqualifications provided herein throughout the license period. It shall be the duty of the licensee to immediately notify the Licensing Office if any event, subsequent to the issuance of a commercial transportation service business license, renders the licensee ineligible or unqualified for such a license. Failure to continually maintain said requirements throughout the duration of the license may result in the suspension or revocation of the business license. H. Telephone Number Required: The applicant must maintain a telephone number which is answered during the hours his commercial transportation service is in operation, and such telephone number must be provided to the Office of the City Clerk. Such telephone number may be an answering service. I. Issuance Of License; Provisional License: If the applicant meets all of the qualifications and none of the disqualifications, the City Clerk shall issue, upon application and payment, a commercial transportation service business license. A provisional license may be issued pending completion of the required investigation. J. Display Of License: A copy of the commercial transportation service business license must be conspicuously placed within each commercial transportation vehicle. (1952 Code § 5-03-02; amd. Ord. 38-15, 8-25-2015; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-7 STATE DRIVER'S LICENSE, COMMERCIAL TRANSPORTATION SERVICE DRIVER'S LICENSE REQUIRED

3-13B-7: STATE DRIVER'S LICENSE, COMMERCIAL TRANSPORTATION SERVICE DRIVER'S LICENSE REQUIRED: Every person desiring to drive, operate, or have charge of a commercial transportation vehicle within the City limits shall make application to the Office of the City Clerk for a license to do so. Such application shall be made upon a form provided by the Office of the City Clerk and shall be filled out and signed by the applicant in the applicant's handwriting. A. Business License, Driver's License And Commercial Driver's License Required: It shall be unlawful for any person to drive, operate or have charge of a vehicle operated as a commercial transportation vehicle unless pursuant to a valid commercial transportation business license and the driver possesses a valid State of Idaho driver's license and a valid commercial transportation service driver's license as provided herein, all of which are in full force and effect. (1952 Code § 5-03-03) B. Application For License; Background Check: Application for a commercial transportation service driver's license shall be made to the Office of the City Clerk in such form and manner as may be prescribed, but the application shall include the name and address of the applicant, the length of time he has resided in the City, the last place of employment with the name and address of the employer, whether the applicant has been previously licensed as a driver, and such other information as may be required. C. Investigation: Upon receipt of an application for a license, the Office of the City Clerk shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to hold a commercial transportation service driver's license and to drive, operate or have charge of a commercial transportation vehicle. D. Persons Prohibited: No person shall be issued a license to drive, operate or have charge of a commercial transportation vehicle when that person: 1. Is under the age of eighteen (18) years. 2. Is required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8301, et seq., and the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code section 18-8401, et seq. 3. Has ever been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony involving the use or threat of violence against the person of another, or any felony involving the sexual enticement of minors. 4. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any felony not covered by subsection D3 of this section. 5. Has been, within three (3) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, or sentenced to confinement (including options in lieu of confinement) for any misdemeanor involving: a. The use of force against the person or property of another; b. The threat for force against the person of another; c. Stalking, telephone harassment or violations of protection orders or no contact orders; d. Theft or larceny; e. The use, possession or sale of illicit drugs; f. Possession of a concealed weapon; g. Illicit sexual activity; h. Contributing to the delinquency of a minor; or i. Driving under the influence of alcohol and/or drugs. 6. Has at the time of such application, an outstanding warrant. 7. Has had a similar license revoked by this City or any other city of this State or of the United States within the preceding three (3) years. E. Proof Of Violator: No license shall be granted to an applicant nor may a licensee maintain an existing license in good standing where satisfactory proof is submitted that such applicant operates motor vehicles in an unskillful, dangerous or reckless manner, or habitually uses intoxicating liquor or drugs, or who repeatedly violates the laws of the City relating to traffic or this article, or who violates the laws of the City while engaged in the business activity regulated by this article. F. Qualifications Maintained: A commercial transportation service driver's license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application, and a licensee must continue to have and maintain all the qualifications and none of the disqualifications provided herein throughout the license period. It shall be the duty of the licensee to immediately notify the Licensing Office if any event, subsequent to the issuance of a commercial transportation service driver's license, renders the licensee ineligible or unqualified for such a license. Failure to continually maintain said requirements throughout the duration of the license may result in revocation of the driver's license. G. Issuance Of License; Provisional License: If the applicant meets all of the qualifications and none of the disqualifications, the City Clerk shall issue, upon application and payment therefor, a commercial transportation services driver's license. A provisional license may be issued pending completion of the required investigation. H. Content Of License; Display; Exhibit Upon Request: Upon approval by the Office of the City Clerk, a license shall be issued to the applicant for a commercial transportation services driver's license. Such license shall contain the applicant's full name, physical description and a photograph of the applicant. Whenever the licensee is driving, operating or in charge of any commercial transportation vehicle, such license card must be so affixed to the vehicle so as to be in full and clear view of any passenger in the rear seat of the vehicle, if the vehicle's construction allows. It shall be unlawful for a licensee to fail or neglect to have his license card posted as required by this article at all times while driving, operating or having charge of a commercial transportation vehicle within the City limits, or to permit the use or possession of the license by another, or to fail or refuse upon demand of any City officer, police officer, peace officer, Sheriff, Deputy Sheriff or passenger to exhibit the license for inspection. (1952 Code § 5-03-03; amd. Ord. 38-15, 8-25-2015; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-8 FEES FOR LICENSES; TERM; RENEWAL

3-13B-8: FEES FOR LICENSES; TERM; RENEWAL: A. Business License; Vehicle License: The application for a commercial transportation service business license or renewal thereof enabling an applicant to own, lease, conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of a commercial transportation vehicle within the City shall be accompanied by an annual nonrefundable license fee in such amount as established by the City Council and listed on the most current City Clerk license fee schedule. The annual commercial transportation service vehicle license herein required shall expire during the first quarter of each calendar year as set forth in this chapter. B. Driver's License: The application for each commercial transportation service driver's license or renewal thereof, enabling an applicant to drive, operate or have charge of a commercial transportation vehicle within the City shall be accompanied by a nonrefundable license fee in such amount as established by the City Council and listed on the most current City Clerk license fee schedule. The commercial transportation service driver's license herein required shall expire at the end of one year from the date of issuance. (1952 Code § 5-03-04) C. Fees Additional: License fees collected in accordance with this title and this article shall be in addition to any license and other fees collected in accordance with commercial transportation vehicles or other vehicles operating at the Boise Airport. (1952 Code § 5-03-04) D. License Expiration And Renewal: All commercial transportation service business licenses (i.e., vehicle licenses) shall expire within the first quarter of the calendar year (January, February, or March) on a staggered basis as determined by the City Clerk's Office. An application for a commercial transportation service business license or renewal thereof, must fulfill all application requirements, including payment of licensing fees and vehicle inspection as set forth in this chapter prior to issuance by the City Clerk's Office. (amd. 2019 Code; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-9 MEDICAL CERTIFICATE

3-13B-9: MEDICAL CERTIFICATE: Every two (2) years, each applicant for a commercial transportation services driver's license shall submit with the application a medical certificate from a licensed physician specifically stating that the applicant has sufficient hearing, vision and general health such that the applicant is physically and mentally fit for the safe operation of a commercial transportation vehicle. (1952 Code § 5-03-05; amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-10 INSURANCE REQUIREMENTS

3-13B-10: INSURANCE REQUIREMENTS: A. Vehicle Insurance: Each licensed commercial transportation vehicle operating within the City shall be insured under a motor vehicle liability policy of insurance, issued by an insurance carrier duly authorized to do business in the State, which provides coverage in the amount of five hundred thousand dollars ($500,000.00). After January 1, 2021, the minimum motor vehicle liability insurance coverage shall be in the amount of one million dollars ($1,000,000.00) for all new licenses or license renewals under this chapter. B. Businesses: 1. Every commercial transportation service business licensee shall tender to the City Clerk a certificate of insurance designating the vehicle or vehicles covered and certifying that insurance in the amounts specified herein is in effect. Said certificate of insurance shall specify as the certificate holder Boise City, P.O. Box 500, Boise, Idaho, 83701. 2. The failure of any licensee to tender such certificate shall be grounds for suspension or revocation of said license. Such insurance shall be maintained throughout the licensing period. C. Certificate: No commercial transportation services business license shall be issued or renewed and no quarterly inspection decal shall be issued until a certificate of insurance certifying that the commercial transportation vehicle is insured as herein provided is tendered to the City Clerk. D. Notification Of Cancellation: Every commercial transportation service business licensee shall immediately notify the City Clerk of the voluntary or involuntary cancellation of, or changes to, any policy of insurance or certificate of insurance on any licensed commercial transportation vehicle. In addition to other prescribed penalties for violations of this article, failure to so notify the City Clerk shall be grounds for suspension or revocation of the commercial transportation service business license. (1952 Code § 5-03-06; amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-11 LIMITATIONS OR RESTRICTIONS MAY BE IMPOSED; NON-MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE LICENSE RESTRICTIONS; MEASUREMENT OF SOUND

3-13B-11: LIMITATIONS OR RESTRICTIONS MAY BE IMPOSED; NON-MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE LICENSE RESTRICTIONS; MEASUREMENT OF SOUND: A. The Licensing Officer shall have the power to issue a license approved by this article with limitations or restrictions relative to the nature of the license issued. (1952 Code § 5-03-07) B. Non-Motorized Commercial Transportation Business License Restrictions: In addition to any license restriction issued by the Licensing Officer under subsection A of this section, no non-motorized Commercial Transportation business licensee, licensed driver, or person shall: 1. Operate or allow to be operated any amplified sound system upon a non-motorized commercial transportation vehicle, such as stereo systems, bluetooth enabled speakers, microphones, or any other mechanism that amplifies music, voices, or other sounds at a volume in excess of sixty two (62) decibels. 2. Allow access to the volume control of an amplified sound system upon a non-motorized commercial transportation vehicle to any person other than the licensee or their employee. 3. Possess, consume, or allow the possession or consumption of any alcoholic beverages upon a non-motorized commercial transportation vehicle. 4. Operate or allow to be operated a non-motorized commercial transportation vehicle within the Downtown BID, between the hours of four thirty o'clock (4:30) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday. 5. Operate or allow to be operated a non-motorized commercial transportation vehicle after ten thirty o'clock (10:30) P.M. daily within the City's boundaries. C. Measurement Of Sound: The measurement of amplified music or sound emitted from a non-motorized commercial transportation vehicle shall be measured on an A-weighted network of a sound level meter from a distance of not less than twenty feet (20') to the side of the vehicle. (amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-12 LICENSES NON-TRANSFERABLE

3-13B-12: LICENSES NON-TRANSFERABLE: Transfers Prohibited: A commercial transportation service business license and a commercial transportation service driver's license may not be transferred. (1952 Code § 5-03-08; amd. 2019 Code; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-13 VEHICLE INSPECTIONS

3-13B-13: VEHICLE INSPECTIONS: A. Motorized Commercial Transportation Vehicles: No motor vehicle shall be issued a license as a commercial transportation vehicle until that vehicle has been inspected in accordance with the following requirements, and found to be in acceptable condition. The inspection of a commercial transportation vehicle shall be made at a time and place to be designated by the City Clerk. It shall be unlawful to substitute equipment or parts subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being substituted or replaced. 1. Mechanical: a. Tires: Tires must not have cuts, breaks or show excessive uneven wear. Tire wear bars must not be showing. Tire tread depth shall not be less than two thirty-seconds (2/32) of an inch of an original tire. The vehicle must have a spare tire, fully inflated and in the same condition as required above. Tires must all be of the same type (either radial or bias). b. Body Condition: The body must be in good condition, free of holes and torn metal. Both a front and a rear bumper must be firmly attached. No extensive unrepaired body damage will be allowed. The vehicle shall be completely and properly painted. c. Lights: Headlights shall be intact and operable on both high and low beam. Tail lights, parking lights, brake lights and signal lights shall be intact and operable. An interior light capable of illuminating the interior shall be operable. d. Wipers: Both windshield wipers shall be in good condition and operable. e. Brakes: Both the parking brake and all four (4) wheel brakes must be in good condition and operable. Brake shoes or pads must have a safe amount of wear left. Brake pedal travel shall be no more than two and one- half inches (21/2"). f. Steering: There shall not be more than three inches (3") of free play when turning the steering wheel from one side to the other. g. Exhaust System: Mufflers shall not have any holes, and shall be firmly attached to the exhaust and tail pipes. Exhaust pipes shall be firmly attached to the engine and free of leaks. Tail pipes shall extend beyond the passenger compartment, fully to the rear of the vehicle. All emission control devices shall be attached and in proper working order. h. Windows: The windshield shall be free of cracks or chips that interfere with the driver's vision. Door windows shall be free of cracks and operable as they were intended by the manufacturer. i. Door Handles: All door handles and latches shall be operable from both the inside and outside of the vehicle. j. Seat Belts: The vehicle shall be equipped with sufficient seat belts to provide safety to each passenger, and be in accordance with State law. k. Suspension: The suspension system shall be maintained so that there are no broken or weak springs, or weak or defective shock absorbers. 2. Appearance: a. Engine Compartment: The engine compartment shall be kept reasonably clean and free of uncontained combustible material. b. Exterior: The exterior shall be kept clean and well maintained. c. Interior: The interior shall be kept clean and free of litter. The seats and upholstery shall be kept clean and free of holes and tears. B. Non-Motorized Commercial Transportation Vehicles: No non-motorized vehicle shall be issued a license as a commercial transportation vehicle until that vehicle has been inspected in accordance with the following requirements, and found to be in acceptable condition. The inspection of a non-motorized commercial transportation vehicle shall be made at a time and place to be designated by the City Clerk. It shall be unlawful to substitute equipment or parts subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being substituted or replaced. 1. Mechanical: a. Tires And Wheels: Tires must not have cuts, breaks or show excessive uneven wear. Tires must have adequate tread. Wheels must be true. b. Body/Frame Condition: The body/frame must be in good condition, free of cracks, large dents, holes or torn metal. No extensive unrepaired body damage will be allowed. c. Lights: If operating at nighttime, non-motorized commercial transportation vehicles shall be equipped with an operable headlamp, a flashing or steady rear lamp, and reflectors on all wheels and on the front stem. d. Brakes: Brakes must be in good condition and operable. Brake pads or disc brakes must have a safe amount of wear left and shall not be warped. e. Steering: The steering apparatus shall be free of excessive or unsafe free play. 2. Appearance: a. Exterior: The exterior shall be kept clean and well maintained. b. Interior: The interior shall be kept clean and free of litter. The seats and upholstery shall be kept clean and free of holes and tears. C. Inspection And Inspection Fees: 1. All motorized commercial transportation vehicles must be in compliance with any required motor vehicle emission regulations, and must have a valid certificate of compliance, in addition to the inspection requirements listed above. 2. The inspection required by this section shall be performed prior to the issuance of a commercial transportation service business license, and each calendar quarter thereafter for motorized commercial transportation vehicles, and each calendar year thereafter for non-motorized commercial transportation vehicles. Calendar quarters are the periods of January through March, April through June, July through September, and October through December. The required quarterly inspection shall be completed prior to the beginning of the next following quarter. The requirements of this section shall be maintained throughout the inspection quarter and year. (1952 Code § 5-03-09) 3. For motorized commercial transportation vehicles, there shall be a fee for the initial vehicle inspection, for each quarterly inspection thereafter, and pursuant to a license transfer. The fee shall be collected in advance of the inspection. If the inspection results in the need for a reinspection of the vehicle, a reinspection fee shall be charged, except where such reinspection requires elevation of the vehicle, in which case, the reinspection fee shall be an additional amount. The fees required in this subsection shall be in such amounts as established by the City Council and listed on the most current City Clerk license fee schedule. 4. For non-motorized commercial transportation vehicles, the fee for the initial vehicle inspection, for each yearly inspection thereafter, and pursuant to a license transfer, shall be in such amount as established by the City Council and listed on the most current City Clerk license fee schedule. The fee shall be collected in advance of the inspection. There shall be no additional charge for a reinspection if one is needed. (1952 Code § 5-03-09) D. Nonconformance: In addition to all other prescribed penalties for violations of this article, any vehicle that does not conform to the minimum inspection standards and requirements set forth in this article, may be subject to immediate suspension or revocation of the commercial transportation service vehicle license of such vehicle. E. Temporary Permit: If the inspection reveals deficiencies that are not imminently hazardous, the inspector may issue a temporary permit, not to exceed fifteen (15) days, to allow the deficiency to be corrected. No more than one temporary permit each calendar quarter may be issued to any one vehicle. (1952 Code § 5-03-09; amd. 2019 Code; Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-14 COMMERCIAL TRANSPORTATION VEHICLES LICENSED ELSEWHERE

3-13B-14: COMMERCIAL TRANSPORTATION VEHICLES LICENSED ELSEWHERE: Commercial transportation vehicles licensed by an Idaho municipality other than the City may transport passengers from within the State, but outside of the City to a destination within the City. It shall be unlawful for the owner or driver of any such commercial transportation vehicle to seek or accept passengers within the City except such passengers whose destination is directly to a point in such other municipality; provided, however, that the provision of this section shall only apply to vehicles licensed by a municipality which grants reciprocal rights to commercial transportation vehicles licensed by the City. Nothing contained herein shall be construed to contradict or contravene Pub.L. 107-298, 49 USC section 14501, the Real Interstate Driver Equity Act of 2002. (1952 Code § 5-03-10; amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-15 FARES, RATES AND FEES

3-13B-15: FARES, RATES AND FEES: A. Fares charged by a person receiving a commercial transportation services business license to operate an auto transportation service shall be no greater than those agreed upon by the passenger and the business. Fares, rates and fees must be specified in sufficient detail to allow the passenger to make an informed decision about the total fare, rate or fee to be paid prior to or following service. Any additional fares, rates or fees and the circumstances under which such fees or fares may be assessed must be made known and made available to the passenger prior to service. B. All drivers of commercial transportation vehicles employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination, and no other method or means of measuring or computing distance or time shall be used or employed except as in this article provided. (1952 Code § 5-03-11; amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-16 UNLAWFUL PRACTICES

3-13B-16: UNLAWFUL PRACTICES: It shall be unlawful for any person to: A. Permit or allow any person, or for any person to ride on the fenders, hood or any place on the outside of a commercial transportation vehicle. B. Permit more persons to be carried in a commercial transportation vehicle as passengers than the rated seated capacity of the commercial transportation vehicle, except that a child in arms shall not be counted as a passenger. C. Verbally attempt to divert patronage from one hotel, motel or business to another. D. Violate any parking laws, rules, regulations or management practices authorized by law regulating parking within the City. E. Permit any person other than a person licensed by this article, to operate or drive a commercial transportation vehicle while in service. F. Solicit any person, or to assist in the solicitation of any person, to participate in any illicit, immoral or unlawful sex act. G. Operate or drive a commercial transportation vehicle while consuming, or affected in any way by, any alcoholic beverage, illegal drug or legal drug which impairs the ability to operate a motor vehicle, or to sell, provide or buy for, any alcoholic beverage or illegal drug to a passenger. H. Fail or neglect to visually display in the vehicle his/her commercial transportation vehicle business license, commercial transportation vehicle driver's license and Idaho driver's license card while driving, operating or having charge of a commercial transportation vehicle within the City limits, or to permit the use or possession of his license by another or fail or refuse upon demand of any City officer, police officer, peace officer, Sheriff, Deputy Sheriff or passenger to exhibit his license for inspection. I. Solicit passengers or business for the limousine service, shuttle service, touring vehicle service or a particular commercial transportation vehicle, except by lawful advertisement, handheld signs seeking to establish contact with a prearranged passenger or passengers, or some other lawful means. J. Accept hails from prospective passengers upon or along the streets of the City. K. Loiter upon or about any premises within the City for the purpose of seeking or soliciting prospective passengers who have not engaged the commercial transportation service by previous appointment. L. Accept passengers other than by prearranged appointment initiated by a prospective passenger or such passenger's authorized agent or representative. M. Charge any passenger a fare, fee or rate in excess of the fare, fee or rates agreed upon between the passenger and business. N. Violate any rule, regulation, ordinance or management practice regulating the stopping, standing, parking or operation on or about airport premises of commercial transportation vehicles or regulating the conduct of persons operating or having charge of such commercial transportation vehicles or revenue shuttles on or about airport premises, including occupation of any parking space at the airport other than those specifically designated by the Airport Commission or Airport Director for use by the applicable commercial transportation vehicle or revenue shuttle. O. Refuse to pay the regular fare, fee or charge for a commercial transportation vehicle after having hired or employed the same. P. Misrepresent the nature or purpose of the service being provided. (1952 Code § 5-03-12; amd. Ord. 53-20, 1-12-2021)

Boise City Code § 3-13B-17 PENALTY

3-13B-17: PENALTY: The violation of any of the provisions of this article, or the failure or omission to perform any duty imposed by the provisions of this article, is hereby declared unlawful and punishable as a general misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this article may result in either the suspension or revocation of the commercial transportation service business and/or driver's license pursuant to chapter 1, article A of this title. (1952 Code § 5-03-13; amd. 2019 Code; Ord. 53-20, 1-12-2021)

Source: Boise City, Idaho, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boise_id/latest/boise/0-0-0-3624Fetched: 11/1/2026