Title 5 - Business Licenses and Regulations
5.56 Public Transportation Vehicles1
- 1.For the statute that declares that the power and authority of cities to control and regulate all public utilities and common carriers situated and operated wholly or principally within [a] city, see K.S.A. 66-104; for provisions regarding issuance of a chauffeur's license, see K.S.A. 8-235.
5.56.304 Liability Insurance; Required; Amount; Conditions.
It shall be unlawful to operate a taxicab, or permit the same to be operated without proof of continuing public liability protection for each taxicab to be operated being on file in the office of the City Clerk. The requirement for liability protection shall be satisfied by the following method:
- 1.The licensee or applicant shall maintain commercial automobile liability insurance on each taxicab with liability limits of at least $60,000 Combined Single Limit for injury to, or death of, one or more persons, and for damage to property, including baggage or other property of a passenger carried in or on said taxicab, resulting from any single accident, by reason of the carelessness or negligence of the driver or operator of such taxicab, with a property damage deductible, if any, not to exceed $500 above which all claims shall be referred to the insurance company for handling.
- 2.The commercial liability insurance required to be maintained under the provisions of this section shall be issued by an insurance carrier who offers proof that it (1) is authorized and licensed to do business in the State of Kansas and has and maintains a local office or agent in the State of Kansas upon whom service of process may be had; (2) carries a Best's policy holder rating of A or better; and (3) carries at least a class X financial rating; or (4) is a company mutually agreed upon by the City and the licensee.
- 3.The commercial liability insurance required to be maintained under the provisions of this section shall be a policy of insurance under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the licensee, owner, lessee, operator, and driver, as applicable, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy in excess of any applicable deductible. A certificate of insurance reflecting all endorsements shall be filed with the City Clerk. The City's Risk Manager shall have the authority to require a true copy of the insurance policy if he has evidence that further proof of coverage is needed under the circumstances.
- 4.The liability insurance policy shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If, at any time, in the judgement of the Risk Manager, such policy is deemed insufficient for any cause, the City Clerk may require the licensee to replace such policy with another, to be approved by the Risk Manager.
- 5.The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the City Clerk in writing of any change in coverage, or cancellation of said policy at least ten (10) days prior thereto.
- 6.The liability insurance policy shall list each and every taxicab to be insured under the policy.
- 7.Nothing contained in the policy or any endorsement thereof shall release the company from liability for payment of any judgment due to any violation on the part of the insured of the provisions of the policy.
(History: Ord. PT-1375§ 86)
Effective on: 1/1/1901