§ 31-102. Definitions.

For the purpose of this article, the following definitions shall apply:

(a)

The Americans with Disabilities Act of 1990 or the ADA means the civil rights act signed into law on July 26, 1990 as Public Law 101-336, 104 Stat. 327, as the same may be amended from time to time.

(b)

The ADA-defined area of Miami-Dade County means the complementary paratransit service area as required by the ADA or any federal regulations established pursuant to the ADA. The service area includes an area with a width of three-fourths of a mile on each side of each of Miami-Dade County's fixed bus routes and an area consisting of a circle with a radius of three-fourths of a mile around each Metrorail station.

(c)

Applicant means an individual, partnership or corporation which applies for a certificate, permit, or chauffeur's registration pursuant to the provisions of this article. Applicant shall also mean an individual, partnership or corporation which makes application, where applicable, to renew or transfer a certificate, permit or chauffeur's registration pursuant to the provisions of this article. In the case of partnerships and corporations, applicant shall also mean each individual with a partnership interest, each shareholder of the corporation as well as the corporate officers and directors.

(d)

Chauffeur means a duly licensed driver registered with and authorized by the Department of Transportation and Public Works or successor department to operate a for-hire passenger motor vehicle.

(e)

Chauffeur registration means a registration card issued by the Department of Transportation and Public Works or successor department.

(f)

Circulator service means the provision of fixed route or semi-fixed route transportation service where at least 70 percent of the route is within 1 municipality. Motor vehicles owned, operated by or operated under contract with a municipality in a local public transportation system may provide circulator service when authorized by an interlocal agreement with Miami-Dade County which has been approved by the Board of County Commissioners. The interlocal agreement and any certificate of transportation, chauffeur's registration and permit issued to provide circulator service pursuant to an interlocal agreement shall require, among other things, that the municipality, operator, vehicles and chauffeurs comply with safety, mechanical and vehicular standards mandated by the Department of Transportation and Public Works, and any applicable state or federal requirements. Additionally, for any new interlocal agreement or any amendment to an existing interlocal agreement, the agreement (1) must include a provision requiring that the municipality provide to the County the municipality's real time circulator service route information in a format approved by the Department of Transportation and Public Works, or its successor department, such as provided by a Global Positioning System, and which is compatible with, and may be integrated into, the County's smartphone transit tracker application and common third party applications, and (2) must include a provision requiring municipalities to provide to the County on a quarterly basis municipal daily transit ridership data for both circulator and on-demand services and a description of any area within the municipal boundaries not being serviced by the municipal transit services. Said data shall be due to the County within 15 days from the end of the corresponding quarter. Within 30 days of receipt of the information from a municipality, the County Mayor or County Mayor's designee shall place a report showing the municipal transit service ridership information, in addition to County transit ridership information for the corresponding quarter, on an agenda of the Board of County Commissioners pursuant to Ordinance No. 14-65. Where a municipality intends to provide circulator service pursuant to a contract with a third party, said municipality shall give Miami-Dade County the opportunity to submit a bid or proposal to provide that transportation service.

(g)

Commission or Board means the Board of County Commissioners of Miami-Dade County, Florida.

(h)

Contract services means pre-arranged transportation provided by a passenger motor carrier vehicle for compensation pursuant to a written contract with one or more persons and which excludes street hail service.

(i)

County means Miami-Dade County, Florida.

(j)

County Mayor means the head of county government as provided in Article 2 of the Home Rule Charter of Miami-Dade County, Florida.

(k)

Director means the Department of Transportation and Public Works Director or successor department, or the Director's designee.

(l)

DTPW means the Miami-Dade Department of Transportation and Public Works or successor department.

(m)

Duplication of Service means that a segment of the proposed fixed route or jitney service would operate or overlap in a transit corridor where the existing or planned combined service has an average headway of 29 minutes or less.

(n)

Fares or Rates means the charges established pursuant to this article to be paid by passengers for the transportation services provided by a for-hire passenger motor vehicle.

(o)

Fixed route or route service means the transportation of persons by a passenger motor carrier vehicle on an authorized fixed route between fixed terminals on a fixed schedule with designated pick-up/drop off locations where service is not prearranged and the passenger hails the vehicle and pays a fare.

(p)

For compensation or compensation means for money, property, service, or anything of value, including tips and commissions, provided directly or indirectly.

(q)

For-hire means driving, operating, or managing a for-hire passenger motor vehicle, and includes all non-revenue producing operations of the passenger motor vehicle.

(r)

For-hire certificate or passenger motor carrier certificate of transportation means an annual, renewable certificate issued pursuant to this article which authorizes the provision of for-hire transportation services and which may expire, be suspended or revoked.

(s)

General tours and transport service means the prearranged transportation of persons in a motor vehicle to a common destination or series of common destinations where the person may be charged as an individual or as part of a group, including, but not limited to, sightseeing service, not between fixed terminals or on a regular route. For the purposes of this article "sightseeing service" is defined as the transportation of a person or a group of persons traveling under individual contracts at a fixed charge involving the use of a passenger motor carrier vehicle to sightsee or tour a county or municipal point of interest including, but not limited to, historic buildings, parks or sites for the purpose of explaining, describing, or generally relating to the history of South Florida under a pre-arranged itinerary, excluding street hail service.

(t)

In service means a for-hire vehicle which is displaying a valid, current operating permit or decal, as applicable, issued by the Department of Transportation and Public Works or successor department.

(u)

Jitney service means the transportation of persons by a passenger motor carrier vehicle on an authorized fixed route between fixed terminals on a semi-fixed schedule where service is not prearranged and individual passengers hail the vehicle and pay a fare.

(v)

Lease of a passenger motor carrier vehicle means a written agreement for the transfer from a lessor to a lessee of the right to possess and use a motor vehicle, meeting the requirements of Chapter 521, Florida Statutes, for a scheduled term exceeding four months.

(w)

Off duty means the periodic, temporary cessation of daily for-hire service indicated by a sign placed and visible on the vehicle's front windshield and which shall not be construed to alter the "in service" status of the for-hire vehicle. No for-hire vehicle in operation or awaiting passengers shall display an off-duty sign.

(x)

Operate means to provide transportation services for compensation regulated by this article utilizing a for-hire passenger motor vehicle.

(y)

Operating permit means the valid and current vehicle decal issued to the certificate holder which authorizes a specific, registered vehicle to operate for-hire and which may expire, be suspended or revoked.

(z)

Operator means any person who has been issued a certificate of transportation.

(aa)

Out of Service means the removal of a for-hire vehicle from operation by removal of a valid, current operating permit and filing with the Department of Transportation and Public Works a form removing the vehicle from service.

(bb)

Owner means a person who holds the legal title of a motor vehicle; or, in the event a motor vehicle is the subject of a security agreement or lease with an option to purchase with the debtor or lessee having the right to possession, then the debtor or lessee shall be deemed the owner.

(cc)

Paratransit passenger means an individual receiving paratransit services who has a physical or mental impairment as defined by the ADA that substantially limits one or more of the major life activities of such individual, has a record of such impairment or has been regarded as having such impairment.

(dd)

Paratransit services mean any transportation services provided for compensation to passengers with disabilities by motor carriers between specific origins and destinations selected by an individual user at a certain time that is agreed upon by the user and the service provider.

(ee)

Passenger means a person utilizing a for-hire passenger motor vehicle for the purpose of being transported to a destination, or a person who is awaiting the arrival of a prearranged for-hire passenger motor vehicle, and does not include the chauffeur.

(ff)

Passenger motor carrier means a nine passenger or greater (excluding chauffeur) for-hire passenger motor vehicle including, but not limited to, a fixed route, circulator or jitney vehicle designed, constructed, reconstructed and equipped as required in this chapter to provide passenger motor carrier service and excluding limousines. A passenger motor carrier vehicle shall not mean a motor vehicle providing contract and general tours and transport service having an overall length in excess of 30 feet or a rated seating capacity in excess of 28 persons.

(gg)

Place of business means the specific Miami-Dade County, Broward County or Palm Beach County address where management of for-hire operations is provided and which is zoned for the appropriate business usage and matches the address on a current valid occupational license.

(hh)

Person means any natural person(s), firm, partnership, association, corporation, or other business entity.

(ii)

Personnel authorized by the Department of Transportation and Public Works means uniformed enforcement personnel and any other individual authorized by the Director.

(jj)

Pre-arranged or pre-arrange means a written, electronically generated, in person or telephone reservation made at least 30 minutes in advance for the provision of passenger motor carrier service.

(kk)

Solicit means an appeal by bell, horn, whistle, sign, display, words, gestures or other means by a chauffeur or his or her agent directed at individuals or groups.

(ll)

Stage means to stop, park, or otherwise place a for-hire passenger motor vehicle in the loading or curbside area of a hotel, restaurant, shopping center, public sports facility, museum, theater, performing arts center or transportation facility when the for-hire passenger motor vehicle is not engaged in prearranged passenger motor carrier service. A curbside or loading area shall not include a parking lot.

(mm)

Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct, or other public place accessible to the public, located in Miami-Dade County and used by motor vehicles.

(nn)

Street hail means an immediate arrangement made on the street with a fixed route or jitney service chauffeur by a person seeking immediate transportation by a fixed route or jitney service vehicle when operating on an authorized route.

(oo)

Trade name or doing business as or (d/b/a) name means the county-approved name under which the certificate holder may provide for-hire passenger motor vehicle transportation services, and which name shall not duplicate the name of any other certificate holder.

(pp)

Transit corridor means the area one-fifth of a mile on each side of the street on which fixed route service, jitney service or Miami-Dade transit service is being provided.

(Ord. No. 81-17, § 3, 2-17-81; Ord. No. 85-20, § 1, 4-16-85; Ord. No. 87-11, § 1, 3-17-87; Ord. No. 90-67, § 1, 7-10-90; Ord. No. 91-130, § 1, 1-5-91; Ord. No. 95-42, § 1, 3-7-95; Ord. No. 95-221, § 3, 12-5-95; Ord. No. 02-1, § 1, 1-29-02; Ord. No. 17-30, § 1, 6-6-17; Ord. No. 18-120, § 1, 10-2-18)