259 – 1 Purpose and Construction of Regulations.

These Rules and Regulations are promulgated pursuant to Title 3,Chapter 15, Section 259 of the Virgin Islands Code, herein referred to as “the statute”.

These rules and regulations are intended to establish uniform and coordinated procedures for the administration of the statute. The interpretation and application of these Rules and Regulations shall be consistent with the policies and mandates of the statute and construed to secure the just, speedy and inexpensive determination of every controversy and matter before the Virgin Islands Taxicab Division.

259 – 2 DEFINITIONS

As used herein, except when the context otherwise dearly requires:

a) Medallion: The instrument whereby a person, company, corporation or partnership owns a taxi business within the Virgin Islands.

b) Taxi: A vehicle, other than a public bus, which has been licensed by the Taxicab Division to provide transportation, including tours, to the general public for a fare.

c) Medallion Accessories: Documents necessary for the operation of a taxi which shall be in the possession of the taxi operator whenever
• on duty. They include:
a. Certificate of Entitlement
b. Identification badge
c. Taxi operator’s license
d. Vehicle registration

d) Administrative Hearing: The mechanism by which the Executive Director will make determinations pertaining to complaints of violations of the law, rules and regulations governing the Taxi Industry.

e) Lease: A contract, approved by the Executive Director, providing for the use of a medallion owner’s (lessor) Taxi plates and Certificate of Entitlement by a Taxi operator (lessee) for a specified period of time in exchange for rent.

f) Tour: A trip conducted by a taxi operator with visits to places of established Interest for a minimum of two hours for a fare.

g) Taxi Contract: An agreement between medallion owner(s) and another party for the purpose of providing taxi service, with the approval of the Taxi Division.

h) Severe Violations: Any act of violence or the threat thereof, and shall Include the third offense of the same nature; or, any act triable as a misdemeanor or felony.

259 – 61 Administrative Hearings

Administrative hearings are authorized by Title 3, Chapter 15, Section 259, Subsection (g) (8) of the Virgin Islands Code.

The Executive Director shall conduct Administrative Hearings for the purpose of making determinations of complaints and to impose administrative fines and/or penalties for violations of the Rules and Regulations governing the Taxi industry.

PROCEDURE:

a) Administrative hearings shall be conducted by the Executive Director.

b) A medallion owner and/or taxi operator shall answer, as directed, all communications from the Taxicab Division, and shall answer all pertinent questions directed to him/her at any hearing. When his/ her presence is required, he/she shall bring his/her taxi’s operator’s badge, license and Certificate Of Entitlement with him/her.

c) Prior notice and the opportunity for a fair hearing will be provided any person accused of violating these Rules and Regulations. Failure to respond to initial notification will result in the issuance of a subpoena by the Taxicab Division.

d) A respondent is entitles to legal counsel at any hearing.

e) Any person aggrieved by any decision of the hearing officer, may within ten (10) days following the notice of such decision, file an appeal for review with the Territorial Court of the Virgin Islands.

f) Any person willfully failing to pay a fine or appear before the Executive Director shall be subject to an administrative fine or penalty not to exceed $1000.00 or the revocation of the operator’s badge and automobile for hire plates.

g) Medallion Accessories are subject to revocation or suspension after a third offense by a taxi operator, except in cases where the