Sec. 13b-97. (Formerly Sec. 16-320). Certificate of public convenience and necessity. Service at Bradley International Airport.
Sec. 13b-97. (Formerly Sec. 16-320). Certificate of public convenience and necessity. Service at Bradley International Airport. (a) No person, association, limited
liability company or corporation shall operate a taxicab until such person, association,
limited liability company or corporation has obtained a certificate from the Department
of Transportation certifying that public convenience and necessity require the operation
of a taxicab or taxicabs for transportation of passengers, the acceptance or solicitation
of which originates within the territory specified in such certificate except as provided
under subsection (d) of this section. No such certificate shall be issued unless the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the
following factors: (1) Any convictions of the applicant under federal, state or local laws
relative to safety, motor vehicle or criminal violations; (2) the number of taxicabs to be
operated under the certificate; (3) the adequacy of the applicant's financial resources
to operate the taxicab service; (4) the adequacy of insurance coverage and safety equipment; and (5) the availability of qualified taxicab operators. The commissioner shall
request the state criminal history records check for any person or any officer of any
association, limited liability company or corporation applying for such certificate from
the State Police Bureau of Identification. The commissioner shall arrange for the fingerprinting of any person or any officer of any association, limited liability company or
corporation applying for such certificate and forward the fingerprints to said bureau
which shall submit the fingerprints to the Federal Bureau of Investigation for a national
criminal history records check for any federal conviction specified in subdivision (1)
of this subsection. A fee shall be charged by the commissioner for each such national
criminal history records check which shall be equal to the fee charged by the Federal
Bureau of Investigation for performing such check. Such certificate shall be issued only
after written application, fingerprinting and said criminal history records check for the
same has been made and public hearing held thereon. The application shall be accompanied by a fee of eighty-eight dollars and the fee for said criminal history records check.
Upon receipt of such application, the department shall fix a time and place of hearing
thereon and shall promptly give written notice of the pendency of such application and
of the time and place of hearing thereon to such applicant, the mayor of each city, the
warden of each borough or the first selectman of each town in which the applicant desires
to originate the transportation of such passengers, and to any common carrier operating
within the territory specified. Notwithstanding any provision of this subsection to the
contrary, the department may, upon receipt of a written application, amend an existing
certificate to increase the number of taxicabs which may be operated pursuant to the
certificate without holding a hearing on the application, provided the department issues
a legal notice of such application in a daily newspaper in accordance with the provisions
of section 1-2, gives written notice of the pendency of such application to any common
carrier operating within the territory specified and no objection is filed with the department within thirty days of each such notice. With respect to any application filed under
the provisions of this subsection, the department shall not consider as a ground for denial
of a request for an increase in the number of taxicabs to be operated within the territory
specified, any number of taxicabs not currently registered with the Commissioner of
Motor Vehicles at the time of filing of such application or at the time of any hearing
held thereon.
(b) Any town, city or borough within which taxicab service is operated or any interested party may bring a written petition to the department with respect to fares, service,
operation or equipment or the convenience, protection and safety of passengers and the
public. Thereupon, the department may fix a time and place for a hearing upon such
petition, and give written notice thereof to the parties in interest at least one week prior
to such hearing.
(c) No certificate shall be sold or transferred until the department, upon written
application to it setting forth the purpose, terms and conditions thereof, and after investigation, finds that the purchaser or transferee is suitable to operate a taxicab service after
consideration of the factors specified in subsection (a) of this section and approves
the same. The application shall be accompanied by a fee of eighty-eight dollars. The
department may amend or, for sufficient cause shown, may suspend or revoke any such
certificate. The department may impose a civil penalty on any person or any officer of
any association, limited liability company or corporation who violates any provision of
this chapter or any regulation adopted under section 13b-96 with respect to fares, service,
operation or equipment, in an amount not to exceed one hundred dollars per day for
each violation. Any such certificate issued by the department shall remain valid unless
suspended or revoked by the department. Any such certificate issued by the Division
of Public Utility Control within the Department of Business Regulation prior to October
1, 1979, or by any transit district prior to March 1, 1997, shall remain valid unless
suspended or revoked by the Department of Transportation.
(d) Any person, association, limited liability company or corporation which has
obtained a certificate under subsection (a) of this section may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement
with the Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such
certificate. Any such person, association, limited liability company or corporation may
discharge taxicab passengers received at such airport within a territory other than the
territory specified in its certificate. The commissioner may charge and collect a reasonable fee from any such person, association, limited liability company or corporation for
the privilege of solicitation of such passengers.
(1949 Rev., S. 5718; 1955, S. 2642d; 1963, P.A. 22; 1967, P.A. 13; 1969, P.A. 768, S. 243; P.A. 75-486, S. 1, 69; P.A.
77-614, S. 162, 610; P.A. 79-610, S. 20; P.A. 80-25, S. 5; P.A. 83-241; P.A. 84-216, S. 2; 84-254, S. 21, 62; P.A. 92-136,
S. 3; P.A. 93-307, S. 20, 34; P.A. 95-126, S. 2, 25; P.A. 97-304, S. 23, 31; P.A. 99-181, S. 15, 40.)
History: 1963 act added requirement that $25 fee accompany application; 1967 act provided for fee of $25 to accompany
application for sale or transfer of certificate; 1969 act provided for prompt and written notice of pendency of application
and added commissioner of transportation to those to be notified and where a petition is brought provided for the same type
of notice and added commissioner of transportation as well as the parties to be notified, further provided for consideration of
recommendations of the commissioner of transportation where submitted in writing within 30 days of conclusion of
hearing; P.A. 75-486 substituted "public utilities control authority" for "commission", i.e. public utilities commission,
and "authority" for "commission" thereafter, effective December 1, 1975; P.A. 77-614 replaced "public utilities control
authority" with "division of public utility control within the department of business regulation", effective January 1, 1979;
P.A. 79-610 substituted "department of transportation" for foregoing designation and "department" for "division" where
appearing, and further, deleted requirement for notifying commissioner of transportation of hearings on applications and
petitions and also the provision concerning his recommendations; P.A. 80-25 provided that certificates issued prior to
October 1, 1979, shall remain valid unless suspended or revoked by department of transportation; in 1981 Sec. 16-320
transferred to Sec. 13b-97; P.A. 83-241 added Subsec. (b), re service at Bradley International Airport; P.A. 84-216 relettered
subsections and amended Subsec. (a) to allow, without a hearing, amendment to an existing certificate to increase number
of taxicabs operated pursuant to certificate; P.A. 84-254 increased application fee from $25 to $88 between July 1, 1985,
and July 1, 1993; P.A. 92-136 amended Subsec. (a) by requiring the issuance of a decal to be conspicuously displayed on
the vehicle; P.A. 93-307 amended Subsec. (a) by providing for an annual decal fee and eliminating the provision for a one-time decal fee, effective June 29, 1993; P.A. 95-126 amended Subsec. (a) to eliminate decal representing authority to
operate and provision re display of decal, effective July 1, 1995; P.A. 97-304 extended provisions to limited liability
companies, amended Subsec. (a) to prohibit issuance of certificate unless department finds that the person, association,
limited liability company or corporation is suitable to operate a taxicab service after consideration of five factors, to delete
obsolete references re application fees, to require, in the proviso, that department give written notice of pendency of
application to any common carrier operating within the territory specified, and to provide that department shall not consider
as a ground for denial of a request for an increase in number of taxicabs to be operated within territory specified, any
number of taxicabs not currently registered with the Commissioner of Motor Vehicles, amended Subsec. (b) to eliminate
requirement that department fix a time and place for a hearing upon a written petition brought by town, city or borough
and give written notice thereof, amended Subsec. (c) to require that no certificate be sold or transferred until the department
finds that the purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in
Subsec. (a), to delete obsolete references re application fees, to authorize department to impose civil penalty for violation
of any provision of this chapter or any regulation adopted under Sec. 13b-96, to require that any such certificate issued by
department or by any transit district prior to March 1, 1997, remain valid unless suspended or revoked by the department,
and amended Subsec. (d) to extend provisions to limited liability companies, to provide that formal agreement shall not
take precedence over taxicab operator's obligation to provide taxicab service within territory specified in certificate, to
allow any taxicab operator to discharge passengers received at Bradley International Airport within a territory other than
the territory specified in its certificate and to substitute "association" and "limited liability company" for "firm", effective
July 1, 1997; P.A. 99-181 amended Subsec. (a) by adding requirements re criminal history records checks, fingerprinting
and applicable fees in connection with an application for a certificate, effective June 23, 1999.
Annotations to former section 16-320:
Cited. 126 C. 551. Failure of permittee to exercise proper supervision over employees operating taxicab is sufficient
ground for revocation. 127 C. 267. Cited. 235 C. 1.
Annotation to present section:
Cited. 235 C. 1.