(a) No person may operate an automobile for hire until he has applied for and been issued an operator's badge and an identification card by the Virgin Islands Taxicab Commission, hereinafter the “Commission”. The Taxicab Commission may not issue an operator's badge or an identification card to any person who has not complied with the pertinent provisions of chapter 35 of this title or, in the case of every applicant who has not been issued such a badge and card prior to April 17, 1967, who does not comply with or satisfy each of the following requirements and qualifications:
(1) An applicant must be either a citizen of the United States or an immigrant alien admitted to the United States for permanent residence under the pertinent provisions of the Immigration and Nationality Act, as amended (8 U.S.C. §§ 1101 et seq.), except that any person applying for the renewal of a valid badge and card for a new license year who does not meet the requirements of this subdivision shall be issued a badge and card if application for status as an immigrant alien has been properly filed and is pending. In the event that such application lapses or is denied, the current badge and card shall immediately become invalid and void.
(2) An applicant, if applying for his first badge and card, shall not be younger than 21 years of age and not older than 65 years of age.
(3) An applicant must have established a continuous and unbroken residence in the Virgin Islands at least one year prior to application.
(4) An applicant must have been a licensed operator for at least three years prior to application, except that in the case of a veteran he must have been a licensed operator for at least one year; Provided, however, That the Commission may refuse to issue a badge and card to an applicant in any case where he determines that the applicant did not have a good driving record in every jurisdiction in which he was licensed during such three-year period. The Commission shall base his determination upon the driving record of the applicant in the Virgin Islands and upon certified statements from the police officials in each other jurisdiction in which the applicant was licensed, which statements shall be obtained by written request by the Commission and shall specify every offense involving the operation or use of motor vehicles, except parking offenses. In making his determination of the driving ability and reliability of the applicant under this subdivision, the Commission shall consider the public safety and welfare of the Virgin Islands, and he shall not be limited by the provisions of section 547 of this title. In any case where the Commission refuses to issue a badge or a card because of his determination that the applicant did not have a good driving record during the three-year period, the applicant may request a hearing and a reconsideration by the Commission or he may appeal to the Superior Court. Pending the receipt of any information necessary to a determination under this subdivision, the Commission may issue a badge and identification card on a revocable and temporary basis to any applicant who submits a signed affidavit swearing or affirming that he has had a good driving record, as defined herein, during the period in question.
(5) An applicant, if applying for his first badge and card, must receive a passing score in any written exam or driving test prescribed by the Commission.
(b) Operators' badges shall be of the type provided by the Director and shall be purchased from him by the applicant. They shall be effective for a license year expiring on the fifteenth day of February following the date of issuance. As far as practicable, the same numbered badges shall be issued operators in succeeding years.
(c) The badge shall show the number of the operator's license and shall be conspicuously worn by the operator at all times while operating or in charge of the automobile. Operators' badges shall not be transferred.
(d) In addition to the operators' badge, every person operating an automobile for hire shall, at all times while operating or in charge of such automobile, carry posted on the right hand (passenger side) sun visor the identification card required by subsection (a) of this section. The identification card shall bear a recent photograph of the operator, his name printed in clear characters, and the number of the operator's license. The operator shall furnish the photograph in such size as shall be required by the Commission and the card shall be of the size and type as prescribed by the Commission. The identification card shall be legible and shall be visible to the passengers at all times, unless the passenger requests or permits the operator to alter the position of the sun visor.
(e) After June 1, 1967, each operator's badge and identification card shall designate the island for which it is issued and shall be effective only for the island designated and may not be transferred to another person.
(f) Any person who operates an automobile for hire without a valid operators' badge and identification card shall be fined in an amount not exceeding $50 for each offense.
(g) [Repealed.]
(h) Limousines are not considered automobiles for hire and are exempt from the jurisdiction or application of any rules and regulations implemented by the Virgin Islands Taxicab Commission.
(i) All automobiles for hire shall be operated exclusively on the island for which the registration license and corresponding license plate(s) were issued and shall not be transported for use on any other island.
(j) Exceptions. Notwithstanding the provisions of this Chapter, any person in possession of a valid Class C Virgin Islands Driver's License shall be authorized to operate an automobile for hire regardless of the existence of a Certificate of Entitlement. In the event of an accident or personal injury resulting from the use of a vehicle being operated as per this subsection, the medallion owner shall be held wholly liable for all damages, unless the medallion owner can show proof of a written executed lease between a lessee and the medallion owner.