Amending Taxicab Driver Licensing RequirementsCity of Dubuque
City Council Meeting
Action Items # 06.
Copyrighted
December 18, 2023
ITEM TITLE: Amending Taxicab Driver Licensing Requirements
SUMMARY: City Clerk recommending City Council adopt an ordinance amending
driver's license requirements for taxicab drivers permits.
SUGGESTED
DISPOSITION:
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and
Public Transportation, Article B Motorized Vehicles For Hire, Section 4-
7B-8 Taxicab Business License and Taxicab Driver's Permit
Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Ordinance Ordinance
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
City Clerk's Office
City Hall
AII•AmdtaCAy
50 W. 13`h Street
Dubuque, IA 52001-4864
1 1
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
2007-2012.2013
www.cityofdubuque.org
2017*2019
TO: Mayor Brad M. Cavanagh and Members of the City Council
FROM: Adrienne Breitfelder, City Clerk
SUBJECT: Amending Taxicab Driver Licensing Requirements
DATE: December 11, 2023
INTRODUCTION
This memo recommends adoption of an ordinance amending driver's license
requirements for taxicab drivers permits.
BACKGROUND
Anyone operating a taxicab in city limits is required to obtain a taxicab driver's permit from
the City Clerk's Office. City code requires possession of a valid Iowa class D-3 chauffeur's
license or equivalent license issued by another state as a prerequisite for obtaining a
taxicab driver's permit.
Iowa Code §321.1(8) defines a chauffeur and includes an exemption related to the
seating capacity of the taxicab vehicle. The definition of a chauffeur and exemption
regarding vehicle seating capacity are provided below:
321.1 Definition of words and phrases.
8. "Chauffeur" means a person who operates a motor vehicle, including a school bus, in
the transportation of persons for wages, compensation, or hire.
m. A person operating a taxicab having a seating capacity of less than seven passengers
and not operating on a regular route or between specified points is not a chauffeur.
Based on this section, a person operating a taxicab with a seating capacity of seven
passengers or less is not classified as a chauffeur and therefore is not required to obtain
an Iowa class D chauffeur's license. City code's driver's licensing requirements should be
updated to match the state code's definition of a chauffeur.
DISCUSSION
The proposed ordinance amendment updates taxicab driver's license requirements to
specify that taxicab drivers can possess a class C noncommercial driver's license, rather
than a class D chauffeur driver's license, if the taxicab they operate has a maximum
seating capacity of 7 passengers. The amendment also specifies that any driver that
operates a taxicab with more than 7 passengers must have a class D chauffeur driver's
license. The City Clerk's Office will confirm taxicab seating capacity from the list of
vehicles that taxicab companies provide to the City Clerk's Office when they renew their
annual taxicab business license or when there are any changes to the lists. Currently,
none of the taxicab businesses have submitted a list that includes a vehicle with a seating
capacity greater than 7 passengers. Most Iowa drivers have a class C noncommercial
driver's license. Therefore, removing the class D chauffeur driver's license requirement
will remove a barrier to taxicab drivers obtaining their permits, subsequently improving
the efficiency of licensing taxicab drivers.
The Iowa Department of Transportation (DOT) previously issued different endorsements
for class D chauffeur's licenses. Endorsements 1 and 2 were required for farmers or
farmer's hired help to operate tractor semitrailer combination or single unit vehicles
between a certain weight. Endorsement 3 was for operating motor vehicles to transport
15 or fewer persons for wages, compensation, or hire, and do not meet one of the
exemptions in §321.1(8). However, the Iowa Legislature eliminated the class D-1 and D-
2 chauffeur's licenses in a previous legislative session. With only Endorsement 3
remaining, the Iowa DOT currently refers to the chauffeur's license as class D. Therefore,
the ordinance amendment also removes language referencing Endorsement 3 for
chauffeur's licenses to be consistent with Iowa DOT terminology.
There are currently four licensed taxicab businesses in Dubuque: Al Taxi, Bell Taxi, #1
Green Cab, and Go Cab. All four business owners were notified of the proposed
ordinance amendment. The feedback received was that the amendment would make it
easier for the companies to obtain new drivers faster. Rideshare companies, such as
Uber and Lyft, are regulated by the state per Chapter 321 N of Iowa Code. Since these
companies follow state licensing and regulation, they are not in scope of city code.
RECOMMENDATION
I recommend City Council adopt the ordinance amending driver's license requirements
for taxicab drivers permits.
CC' Michael Van Milligen, City Manager
Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
Pamela McCarron, Permit Clerk
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque 1A 52001 563 589-4381
ORDINANCE NO. 56 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC
TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4-
713-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-78-8 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
B. Driver's Permit Requirements; Fee:
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with the city
clerk's office on a form provided by the city clerk.
b. An applicant operating a taxicab with a seating capacity of less than
seven (7) passengers must have, at a minimum, a valid Iowa class C
noncommercial license or equivalent license issued by another state to
obtain a taxicab driver's permit. An applicant operating a taxicab with a
seating capacity of greater than seven (7) passengers must have, at a
minimum, a valid Iowa class D chauffeur's license or equivalent license
issued by another state to obtain a taxicab driver's permit. Temporary
restricted licenses or work permit privileges are not sufficient to obtain a
taxicab driver's permit.
C. An applicant will be ineligible for a taxicab driver's permit if any of the
following apply:
(1) The applicant is restricted to operating motor vehicles
equipped with an ignition interlock device.
(2) The applicant's driving privileges have been suspended,
revoked, barred, canceled, denied, or disqualified in the prior three
(3) year period.
(3) The applicant has been convicted of more than three (3)
moving violations in the prior three (3) year period.
(4) The applicant has been convicted of violating section
321.218, 321.277, or 321 J.21, or section 321 A.32, subsection 1, in
the prior three (3) year period.
(5) The applicant has been convicted in the prior seven (7) year
period of a felony, of violating section 321 J.2 or 321 J.2A, or of any
crime involving injury to another person, damage to the property of
another person, or operating a vehicle in a manner that endangers
another person.
(6) The applicant is registered on the national sex offender
registry.
d. The chief of police will investigate each applicant fora taxicab driver's
permit and a report of such investigation will be attached to the application
for consideration by the city clerk. Such report will state whether the
applicant has, at a minimum, a valid Iowa class D-3 chauffeur's license or
equivalent license issued by another state.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 18t" day of December, 2023.
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
B. Driver's Permit Requirements; Fee:
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with the city
clerk's office on a form provided by the city clerk.
b. An applicant operating a taxicab with a seating capacity of less than
seven (7) passengers must have, at a minimum, a valid Iowa class C
noncommercial license or equivalent license issued by another state to
obtain a taxicab driver's permit. An applicant operating a taxicab with a
seating capacity of greater than seven (7) passengers must have, at a
minimum, a valid Iowa class D chauffeur's license or equivalent license
issued by another state to obtain a taxicab driver's permit. Temporary
restricted licenses or work permit privileges are not sufficient to obtain a
taxicab driver's permit.
C. An applicant will be ineligible for a taxicab driver's permit if any of the
following apply:
(1) The applicant is restricted to operating motor vehicles
equipped with an ignition interlock device.
(2) The applicant's driving privileges have been suspended,
revoked, barred, canceled, denied, or disqualified in the prior three
(3) year period.
(3) The applicant has been convicted of more than three (3)
moving violations in the prior three (3) year period.
(4) The applicant has been convicted of violating section
321.218, 321.277, or 321 J.21, or section 321 A.32, subsection 1, in
the prior three (3) year period.
(5) The applicant has been convicted in the prior seven (7) year
period of a felony, of violating section 321 J.2 or 321 J.2A, or of any
crime involving injury to another person, damage to the property of
another person, or operating a vehicle in a manner that endangers
another person.
(6) The applicant is registered on the national sex offender
registry.
d. The chief of police will investigate each applicant for a taxicab driver's
permit and a report of such investigation will be attached to the application
for consideration by the city clerk. Such report will state whether the
applicant has, at a minimum, a valid Iowa class D-3 chauffeur's license or
equivalent license issued by another state.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/22/2023
and for which the charge is 44.30
Subscribed to before me, a Notary Public in an for
Dubuque County, Iowa,
this 26th day of December, 2023
IL—
Notar Q�lic in and for Dubuque County, Iowa.
0
t JANET K. PAPE
Commission Number 199659
• My Commission Expires
iow . 12/11/2025
Ad text : CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 56 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND
PUBLIC TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE,
SECTION 4-7B-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVERS
PERMIT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 4-7B-8 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
4-7B-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S
PERMIT:
B. "Driver's Permit Requirements; Fee:
• • .
2.^Application For Driver's Permit:
a. "An application for a taxicab driver's permit must be
filed with the city clerk's office on a form provided by the
city clerk.
b.^An applicant operating a taxicab with a seating capacity
of less than seven (7) passengers must have, at a minimum, a
valid Iowa class C noncommercial license or equivalent license
issued by another state to obtain a taxicab driver's permit.
An applicant operating a taxicab with a seating capacity of
greater than seven (7) passengers must have, at a minimum, a
valid Iowa class D chauffeurs license or equivalent license
issued by another state to obtain a taxicab drivers permit.
Temporary restricted licenses or work permit privileges are
not sufficient to obtain a taxicab driver's permit.
c. "An applicant will be ineligible for a taxicab driver's
permit if any of the following apply:
(1)"The applicant is restricted to operating motor vehicles
equipped with an ignition interlock device.
(2)The applicant's driving privileges have been suspended,
revoked, barred, canceled, denied, or disqualified in the
prior three (3) year period.
(3)"The applicant has been convicted of more than three (3)
moving violations in the prior three (3) year period.
(4)"The applicant has been convicted of violating section
321.218, 321.277, or 321J.21, or section 321A.32, subsection
1, in the prior three (3) year period.
(5)"The applicant has been convicted in the prior seven (7)
year period of a felony, of violating section 321J.2 or
321J.2A, or of any crime involving injury to another person,
damage to the property of another person, or operating a
vehicle in a manner that endangers another person.
(6)" The applicant is registered on the national sex
offender registry.
d."The chief of police will investigate each applicant for a
taxicab driver's permit and a report of such investigation
will be attached to the application for consideration by the
city clerk. Such report will state whether the applicant has,
at a minimum, a valid Iowa class D-3 chauffeur's license or
equivalent license issued by another state.
• •
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 18th day of December,
2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 22nd day of December, 2023.
/s/Adrienne N. Breitfelder,
CMC, City Clerk
l t 12/22