HomeMy WebLinkAboutCity Council - 2010-02 RESOLUTION NO. 2010-02
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING REVISED
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS
WHEREAS, Government Code Section 53075.5 et. seq. requires every city or
county to protect the public health, safety, and welfare by adopting an Ordinance or
Resolution in regard to taxicab transportation services which are operated within the
jurisdiction of said city or county; and
WHEREAS, Orange County cities have formed a voluntary association, the
Orange County Taxi Administration Program (OCTAP), to coordinate taxicab service
permitting and other administrative functions with the Orange County Transportation
Authority (OCTA) in order to increase public safety, to reduce administrative costs for
the public and the private sector, and to expand the provisions of private transportation
service in Orange County; and
WHEREAS, on November 17, 1997, the City entered into an interagency
agreement with the OCTA in which the City agreed to participate as a member agency in
OCTAP and the OCTA agreed to provide the staff and administrative services necessary
to implement the Program; and
WHEREAS, OCTAP established uniform regulations applicable to taxicab
companies and taxicab drivers, adopting minimum standards for insurance, equipment,
mechanical conditions, taxicab fares, and other aspects of taxicab operations; and
WHEREAS, the uniform regulations established by OCTAP are designed to
comply with the City's responsibilities under Government Code Section 53075.5; and
WHEREAS, OCTAP has been in operation since 1998 and has conducted
quarterly meetings with OCTAP Steering Committee and OCTAP Public Safety
Committee, comprised of designated representatives from each OCTAP member agency;
and
WHEREAS, the OCTAP Safety Committee has reviewed, and the OCTAP
Steering Committee has reviewed and approved amendments to the OCTAP Regulations
to further protect the health, safety, and welfare of persons utilizing taxicab services in
member agencies'jurisdictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
09-2363/42080 1
Resolution No. 2010-02
SECTION l: The City Council of the City of Huntington Beach hereby ratifies
and adopts the revised OCTAP regulations dated and approved by the OCTAP Steering
Committee on July 2, 2009, a copy of which is attached hereto as Attachment A.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting hereof held on the 19th day of January , 2010.
ayor if
APPROVED AS TO FORM:
��ity Atto ey U{co \2\ s
REVIEWE 'N AAPPROVED: INITIATED AND APPROVED:
City Admini%rator Chief of Police
09-2363/42080 2
Attachment"A"- Resolution No.2010-02
_ 3
" ULATIf"NS
OF THE
ORANGE COU
TAXI ADMINISTRATION
PROGRAM
Approved by the Steering Committee on 7/2/2009 (Effective 08/02/09)
Amended Fee Schedule 07/01/2008
Amended Passenger Fares 05/24/2008
Attachment"A"- Resolution No.2010-02
TABLE OF CONTENTS
1. PURPOSE AND SCOPE..................................................................................... 1
1.1. OCTAP.......................................................................................................... 1
1.2. Objective. ...................................................................................................... 1
1.3. Agency Legislative Independence and Authority Retained. .......................... 1
1.4. Implementation.............................................................................................. 2
2. DEFINITIONS......................................................................................................2
2.1. Agency. ......................................................................................................... 2
2.2. Area of Jurisdiction........................................................................................ 2
2.3. Company....................................................................................................... 2
2.4. Company Permit. .......................................................................................... 2
2.5. Driver. ........................................................................................................... 2
2.6. Driver Permit. ................................................................................................ 2
2.7. OCTA............................................................................................................ 2
2.8. OCTAP.......................................................................................................... 3
2.9. OCTAP Administrator.................................................................................... 3
2.10. Permittee....................................................................................................... 3
2.11. Taxicab. ........................................................................................................ 3
2.12. Taxicab Permit. ...........................
3. AGENCY AND OCTA PARTICIPATION.............................................................3
3.1. Agency.......................................................................................................... 3
3.2. OCTA. .....................................................................................
3.3. Mutual Indemnification. ................................................................................. 4
4. ADMINISTRATIVE COMMITTEES......................................................................5
4.1. Steering Committee. ..................................................................................... 5
4.2. Safety Committee.......................................................................................... 5
5. COMPANY PERMITS..........................................................................................5
5.1. Company Permit required. ............................................................................ 5
5.2. Company Permit requirements...................................................................... 5
5.3. Bases for Denial............................................................................................ 8
5.4. Company Drivers. ......................................................................................... 9
5.5. New Company Drivers. ................................................................................. 9
5.6. Issuance........................................................................................................ 9
5.7. Compliance With Separate Agency Requirements. .................................... 10
5.8. Term of Company Permit..................... .............. 10
.........................................
5.9. Company Permit renewal............................................................................ 10
5.10. Company Permit Suspension/Revocation................................................... 10
5.11. Company Permit Penalties/Suspensions. ................................................... 11
5.12. Right to Appeal............................................................................................ 11
6. DRIVER PERMITS ............................................................................................11
6.1. Driver Permit Required................................................................................ 11
6.2. Driver Permit. .............................................................................................. 11
6.3. Interim Driver Permit. .................................................................................. 12
6.4. Permanent Driver Permit............................................................................. 12
6.5. Term of Permanent Driver Permit. .............................................................. 12
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Attachment"A"- Resolution No.2010-02
6.6. Compliance with Agency Requirements...................................................... 12
6.7. Renewal of Driver Permit. ........................................................................... 12
6.8. Driver Permit limitation................................................................................ 13
6.9. Possession and Display of Driver Permit required. ..................................... 13
6.10. Possession of Another Person's Driver Permit Prohibited........................... 13
6.11. Replacement Driver Permit. . ............... 13
........ ...................... ..
6.12. Expiration of Replacement Driver Permit. ................................................... 13
6.13. Driver Permit Transferability to Another Company...................................... 13
6.14. Driver Permit Denial.................................................................................... 14
6.15. Driver Permit Suspension/Revocation......................................................... 15
6.16. Driver Permit Penalty/Suspension............................................................... 16
6.17. Right to Appeal............................................................................................ 16
6.18. Driver Permit Surrender. ...................... .................. 16
.....................................
7. TAXICAB PERMITS..........................................................................................16
7.1. Inspection.................................................................................................... 16
7.2. Taxicab Permit. ........................................................................................... 16
7.3. Random Inspections. .................................................................................. 17
7.4. Re-inspection. ............................................................................................. 17
7.5. Taxicab Substitution.................................................................................... 18
7.6. Substituted Taxicab Sticker......................................................................... 18
7.7. Taxicab Permit Renewal. ............................................................................ 18
7.8. Taxicab Permit Renewal Sticker. ................................................................ 18
7.9. Sale of Taxicab. ................. ............. 18
...........................................
8. TAXICAB INSPECTION STANDARDS............................................................. 19
8.1. Minimum Standards. ................................................................................... 19
8.2. Body Condition............................................................................................ 19
8.3. Brake System.............................................................................................. 20
8.4. Climate Control. .......................................................................................... 20
8.5. Exhaust System. ...........................................:............................................. 20
8.6. Fuel Tank Cap.....................................................:....................................... 20
8.7. Horn. ........................................................................................................... 20
8.8. Hubcaps or Wheel Covers. ......................................................................... 20
8.9. Interior Condition......................................................................................... 20
8.10. Interior Information...................................................................................... 21
8.11. License Plates. ............................................................................ 22
8.12. Lights and Lenses....................................................................................... 22
8.13. Markings. .................................................................................................... 22
8.14. Mirrors......................................................................................................... 23
8.15. Muffler. ........................................................................................................ 23
8.16. Parking Brake.............................................................................................. 23
8.17. Proof of Insurance....................................................................................... 23
8.18. Radio........................................................................................................... 23
8.19. Seat Belts.................................................................................................... 23
8.20. Steering and Suspension System. .............................................................. 23
8.21. Taximeter and Meter Seals. ........................................................................ 23
8.22. Tires............................................................................................................ 24
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Attachment"A"- Resolution No.2010-02
8.23. Windows. .................................................................................................... 24
8.24. Windshield Wipers. ..................................................................................... 24
8.25. Foot Pedal Pads.......................................................................................... 24
8.26. California Vehicle Registration. ................................................................... 24
8.27. Vehicle Age................................................................................................. 25
8.28. Vehicle Maintenance Records..................................................................... 25
9. TAXICAB OPERATION.....................................................................................25
9.1. Direct Routes. ............................................................................................. 25
9.2. Receipt........................................................................................................ 25
9.3. Solicitation................................................................................................... 25
9.4. Fares Charged. ........................................................................................... 25
9.5. Accidents. ................................................................................................... 26
9.6. Additional Operational Requirements.......................................................... 26
10. PERMIT FEES AND TAXICAB FARES. ...........................................................26
10.1. OCTAP Permit Fees. .................................................................................. 26
10.2. Taxicab Passenger Fares. ........................................................................... 26
10.3. Refund Policy.............................................................................................. 28
11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING....................28
11.1. Purpose............:..................................:....................................................... 28
11.2. Information Warranting an Investigation...................................................... 28
11.3. OCTAP Administrator Review and Authority............................................... 29
12. APPEAL............................................................................................................30
12.1. Notice of adverse action.............................................................................. 30
12.2. Notice of appeal. ......................................................................................... 30
12.3. Stay............................................................................................................. 30
12.4. Stay, exception............................................................................................ 30
12.5. initial review of appeal..................................................•.............................. 30
12.6. Hearing Officer............................................................................................ 31
13. AMENDMENT(S) TO REGULATIONS..............................................................32
13.1. Administrative Amendment(s). .................................................................... 32
13.2. Substantive Amendment(s)......................................................................... 32
13.3. OCTAP Permit Fees and Taxicab Passenger Fares................................... 32
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Attachment"A"- Resolution No.2010-02
1. PURPOSE AND SCOPE
1.1. OCTAP.
1.1.1. The Orange County Taxi Administration Program (OCTAP) is a voluntary
association of Orange County Agencies created to coordinate taxicab
service permitting and other administrative functions with the Orange
County Transportation Authority (OCTA) in compliance with California
Government Code § 53075.5,as authorized by participating Agencies.
1.1.2. OCTAP has been in operation since 1998 pursuant to interagency
agreements between OCTA and participating Agencies. The OCTAP
Regulations have been adopted and have evolved during OCTAP's
operation.
1.1.3. The OCTAP Regulations are intended to continue the interagency
relationship between OCTA, OCTAP and participating Agencies while at
the same time reducing the multiplicity of documentation involved in the
regulation of taxicab services in Orange County.
1.2. Objective.
The objective of OCTAP is to increase public safety, to reduce administrative
costs for the public and private sector, and to expand the provision of private
transportation service in Orange County.
1.3. Agency Legislative Independence and Authority Retained.
1.3.1. Each Agency retains all authority, responsibility, and independence for
taxicab regulation and enforcement within its jurisdiction.
1.3.2. Each Agency retains all authority to select the Company(ies) authorized to
operate within its jurisdiction, and will determine the boundaries of service
those Company(ies) may serve, including the number of Taxicabs
authorized to operate within its jurisdiction.
1.3.3. Each Agency shall be responsible for enforcing the OCTAP licensing
requirements, prosecuting violators, and agree to notify OCTA of such
occurrences.
1.3.4. OCTA will not collect franchise fees or business license fees imposed by
participating Agencies on Taxicab Companies or Drivers.
1.3.5. All policies, procedures, ordinances, rules, and regulations pertaining to
Taxicab Companies, Taxicab Drivers, Taxicabs, fares, notices, safety,
taxicab stands, pickup, hours of operations, and all other functions not
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Attachment"A"- Resolution No.2010-02
specifically provided for in these regulations as currently in place or as
amended, shall remain within the authority and jurisdiction of each
Agency.
1.4. Implementation.
These regulations implement the provisions of the Taxicab ordinances,
resolutions and regulations adopted by the legislative bodies of each OCTAP
participating Agency, and regulate taxicab service within the Area of Jurisdiction of each
such Agency.
2. DEFINITIONS
2.1. Agency.
"Agency" means each City and the County of Orange, which participate in
OCTAP.
2.2. . Area of Jurisdiction.
"Area of Jurisdiction" of each Agency means the area within the boundaries of a
City, or for the County means the unincorporated area, including John Wayne Airport.
2.3. Company.
"Company" includes a natural person, firm, association, organization,
partnership, business, trust, corporation, or public entity.
2.4. Company Permit.
"Company Permit" means a valid permit issued by OCTAP, authorizing a
Company to operate a Taxicab business in any participating Agency, which allows the
Company to serve that Agency.
2.5. Driver.
"Driver" means a person who drives or controls the movements of a Taxicab.
2.6. Driver Permit.
"Driver Permit" means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a Taxicab.
2.7. OCTA.
"OCTA" means the Orange County Transportation Authority.
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Attachment"A"- Resolution No.2010-02
2.8. OCTAP.
"OCTAP" means the Orange County Taxi Administration Program administered
by the Orange County Transportation Authority.
2.9. OCTAP Administrator.
"OCTAP Administrator" means an OCTA employee who will manage and
supervise all OCTA responsibilities set forth in the OCTAP Regulations.
2.10. Permittee.
"Permittee" means a company, which holds a valid Company Permit.
2.11. Taxicab.
"Taxicab" means a vehicle capable of carrying not more than eight persons,
excluding the Driver, and used to carry passengers for hire. The term shall exclude a
vehicle operating as a Charter Party Carrier licensed as such by any state agency,
including the Public Utilities Commission, or any other vehicle having a Certificate of
Public Convenience and Necessity issued by any state agency, including the Public
Utilities Commission.
2.12. Taxicab Permit.
"Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular
vehicle to be operated as a Taxicab.
3. AGENCY AND OCTA PARTICIPATION
3.1. Agency.
Each Agency that joins OCTAP shall:
3.1.1. Participate as a member of OCTAP and provide no less than twelve (12)
months written notice to OCTAP prior to withdrawing from OCTAP.
3.1.2. Appoint its City Manager, Executive Officer, or their designee, to
participate as members of the OCTAP Steering Committee.
3.1.3. Appoint its Chief of Police, County Sheriff, or their designee, to participate
as member of the OCTAP Public Safety Committee.
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Attachment"A"- Resolution No.2010-02
3.1.4. Adopt and enforce a Taxicab ordinance or resolution consistent with the
regulations herein, and use such ordinance or resolution as the exclusive
method of regulating taxicabs within its Area of Jurisdiction.
3.1.5. Enforce, and if necessary, prosecute all.violations of its Taxicab ordinance
or resolution and the regulations herein.
3.1.6. Notify OCTA in writing of any regulation, Taxicab Company limitation,
Taxicab Driver limitation, Taxicab limitation, or more stringent regulation,
.within its jurisdiction with respect to any permitting or operational standard
for Taxicab business operations.
3.1.7. Notify OCTA of any public or law enforcement complaint pertaining to
permitted Taxicab Companies, Taxicabs, and Taxicab Drivers within its
jurisdiction.
3.2. OCTA.
OCTA shall provide the services described in the OCTAP Regulations on behalf
of each Agency that adopts an ordinance. or resolution adopting the OCTAP
Regulations and shall:
3.2.1. Provide staff and administrative services necessary to implement and
enforce the OCTAP Regulations.
3.2.2. Collect fees to cover the costs of administering OCTAP.
3.2.3. Provide participating Agencies no less than twelve (12) months written
notice prior to withdrawing from OCTAP.
3.2.4. Provide administrative services on behalf of each Agency, but shall not
assume liability for the performance of Taxicab Companies, Taxicab
Drivers, or Taxicabs.
3.2.5. Not be responsible for the enforcement of Agency ordinances or
resolutions except as provided for herein.
3.3. Mutual Indemnification.
OCTA and each Agency shall save, indemnify, defend and hold harmless each
other from any and all liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or any injury or
damage of any kind whatsoever, whether actual, alleged or threatened, actual
attorney's fees, court costs, interest, defense costs and expenses associated therewith,
including the use of experts and any other costs of any nature without restriction
incurred in relation to, as a consequence of, or arising out of each party's performance
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Attachment"A"- Resolution No.2010-02
of the agreements herein and attributable to the fault and/or liability by agreement
between the parties or by a court of competent jurisdiction. The party responsible for
liability to the other will indemnify the other party for the percentage of liability
determined as set forth herein. Each party is responsible for the acts or omissions of
their own officers, agents, employees, or volunteers.
4. ADMINISTRATIVE COMMITTEES
4.1. Steering Committee.
4.1.1. The OCTAP Steering Committee shall consist of the City Manager,
Executive Officer, or their designee, from each Agency, one
representative of the tourist industry in Orange County, and two
representatives (one "large" and one "small") of the permitted taxicab
companies; chosen, via election, by the "small" and the "large" permitted
taxicab companies. Large taxicab companies are defined as those
operating more than the average number of vehicles owned by Orange
County taxicab companies. Small taxicab companies are defined as those
operating less than the average number of vehicles owned by Orange
County taxicab companies.
4.1.2. The OCTAP Steering Committee will meet quarterly to advise OCTA on
Taxicab regulation implementation.
4.2. Safety Committee.
4.2.1. The OCTAP Safety Committee shall consist of the Police Chief, County
Sheriff, or their designee, from each participating Agency.
4.2.2. The OCTAP Safety Committee will meet quarterly to advise OCTA and the
OCTAP Steering Committee on issues of public safety.
5. COMPANY PERMITS
5.1. Company Permit required.
No Company shall operate a Taxicab business, or advertise as a Taxicab
business, within the Area of Jurisdiction of an Agency without having first obtained a
Company Permit from OCTAP and without first obtaining permission from the Agency to
operate in the Area of Jurisdiction of such Agency, if the Agency's legislative body
requires such permission or permitting.
5.2. Company Permit requirements.
A Company Permit shall be issued from OCTAP when the following conditions
have been satisfied:
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Attachment"A"-Resolution No.2010-02
5. 2.1. Submission of a completed Company Permit application;
5.2.2. Submission of a copy of the applicant's drug and alcohol policy meeting
OCTAP requirements and proof that the applicant has implemented a
Drug and Alcohol Certification Program covering all its Driver employees
and independent contractors leasing vehicles from the applicant pursuant
to the then current Government Code § 53075.5 (arid any successor
legislation) and meeting the following requirements:
5.2.2.1. A contract with a program administrator and authorized lab
certified by the U.S. Department of Transportation; and
5.2.2.2. Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations for pre-
employment or pre-licensing, and licensing renewal; and
5.2.2.3. Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
return-to-duty and follow up testing; and
5.2.2.4. Procedures and components for random testing following
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return-to-
service, and other circumstances providing reasonable
suspicion to test; and
5.2.2.5. Monthly reports of the random testing component shall be
filed with OCTAP by the program administrator no later than
the 201h day following the end of the previous monthly
reporting period; and
5.2.2.6. The applicant's and program administrator's records shall be
made available to the OCTAP Administrator upon request;
and
5.2.2.7. Test results for self employed independent drivers are
reported directly to OCTAP while results for employees of
the applicant are reported to the applicant, provided that the
applicant must notify OCTAP immediately of any positive
result of an employee by providing the name, identifying
information, driving status of the employee, and action taken
by the applicant by telephone and fax; and
5.2.2.8. Drivers must show a valid California driver's license at the
time and place of testing; and
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Attachment"A"- Resolution No.2010-02
5.2.2.9. All test results are kept confidential except that OCTAP is
authorized to receive copies for its regulatory purposes, and
except as otherwise authorized or required by law;
5.2.2.10. The provisions of this Subsection 5.2.2 shall become
effective April 22, 2003.
5.2.3. Submission of evidence of insurance, in full force and effect, in such form
as required by OCTAP, issued by a solvent and. responsible company.
licensed to do business in the State of California, insuring the applicant
against loss by reason of injury or damage that may result to persons,
including taxicab passengers, or property, from the negligent operation or
maintenance of such Taxicab. Applicant shall provide a Certificate of
Insurance and Insurance Policy Binder showing that the applicant is
insured for a minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in the same
accident, and one hundred thousand dollars ($100,000) for injury or
destruction of property. In addition, the applicant shall direct the insurance
company to provide to OCTAP certified copies of Endorsements to the
insurance policy 1) naming the Agencies participating in the Orange
County Taxi Administration Program and the Orange County
Transportation Authority, their Officers, Directors, Employees and Agents
as additional insured; and 2) indicating that coverage shall not be reduced,
terminated or cancelled without thirty (30) days prior written notice to
OCTAP. Certified copies of the insurance policies shall be provided to
OCTAP within ninety (90) days of the policy issuance. At least ten (10)
business days prior to the expiration of the current policies, a Permittee
shall submit insurance binders evidencing insurance coverage for the
policy period subsequent to the expiration of the current policies. No self-
insured retention shall be allowed. Deductibles shall not exceed $10,000
per occurrence. Such lapses or interruptions of insurance coverage shall
cause an immediate suspension of the Business Permit and an immediate
revocation of a Taxicab Permit. Reinstatement of a Business Permit will
require the payment of a reinstatement fee, and any return to service of
the taxicab with a revoked Taxicab Permit will require issuance of a new
permit and fee.
5.2.4. Submission of financial documents and other information as required by
OCTAP;
5.2.5. Submission of Department of Motor Vehicles (DMV) Pull Notice Program
Requester Code Number issued to applicant, as defined in Vehicle Code
Section 1808.1. Permittees are required to immediately notify the OCTAP
Administrator if they receive a DMV Pull Notice on one of their Drivers. In
the event the Driver's DMV record indicates he/she no longer qualifies for
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Attachment"A"- Resolution No.2010-02
a Driver Permit, Permittee shall require the Driver to turn over his/her
Permit to Permittee. Permittee shall return the Driver Permit to the OCTAP
Administrator. DMV Pull Notice records shall be made available to the
OCTAP Administrator upon request;
5.2.6. Submission of proof of current California Department of Motor Vehicles
registration for each Taxicab listed in the Company Permit application. All
Taxicabs listed in the Company Permit application shall be registered to
the applicant;
5.2.7. Every owner, partner or principal officer of applicant has submitted to
fingerprinting by the Orange County Sheriff's Department;
5.2.8. Every owner, partner or principal officer of applicant has successfully
cleared a local background check; and
5.2.9. Submitted payment of all applicable fees, including, but not limited to,
background check fee, Company Permit application fee, and Taxicab
Permit application fee.
5.3. Bases for Denial.
A Company Permit shall be denied if any of the following apply to any owner,
partner or principal officer of applicant:
5.3.1. Is under the age of 18 years;
5.3.2. Falsifies material information on the application for Company Permit within
the past one (1)year;
5.3.3. Is a registered sex offender pursuant to California Penal Code Section
290;
5.3.4. Is on formal probation or parole for any offense outlined in this Section
5.3;
5.3.5. Is convicted (or pleads guilty or nolo contendere) in any state for any of
the following: murder; robbery; pandering; pimping; crimes related to the
sale or transportation of controlled substances, including marijuana;
crimes involving the use of a weapon; or any other offense involving moral
turpitude or any crime that is substantially related to the qualifications,
functions or responsibilities of a Taxicab owner;
5.3.6. Is convicted (or pleads guilty or nolo contendere) in any state for a felony
other than those listed in the previous section within eight (8) years of the
application; or
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Attachment"A"- Resolution No.2010-02
5.3.7. Has any conviction within five (5) years of application (or plea of guilty or
nolo contendere) in any state or has any final administrative determination
of a violation of any statute, ordinance, or regulation reasonably and
rationally pertaining to the same or similar business operation which would
have resulted in suspension or revocation of the Company Permit under
these regulations.
5.3.8. Operation of its business without the insurance required in Section 5.2.3.
5.3.9 Is held liable under any judgment, decision or determination by any public
or regulatory agency for operating cabs without the requisite insurance
after the adoption of these regulations.
5.3.10 Is subject to any unsatisfied court judgment arising from liability for
operating cabs, including, but not limited to, collisions or operating without
the requisite insurance, within 15 years of submitting the application.
5.4. Company Drivers.
5.4.1. At the time the Company Permit application is submitted, the applicant
shall provide to OCTAP a list of Drivers authorized to operate the
Taxicabs identified in the Company Permit.
5.4.2. Applicant shall provide OCTAP with notice by fax within 24 hours in the
event that any Driver listed in the Company Permit is no longer authorized
to operate a Taxicab identified in the Company Permit.
5.5. New Company Drivers.
A Permittee may add Drivers to its list of Drivers authorized to operate the
Taxicabs identified in the Company Permit, provided that:
5.5.1. Permittee has already submitted to OCTAP an Intent to Hire/Intent to
Lease a Taxicab form identifying the Driver as being employed or given a
written offer of employment or as being a self-employed independent
contractor of the Permittee; and
5.5.2. The Driver to be added has been issued a Driver Permit by OCTAP which
states the Driver is affiliated with the Permittee and identified as either an
employee or leased Driver.
5.6. Issuance.
Upon Applicant's successful satisfaction of the conditions listed in this Section,
Applicant shall be issued an OCTAP Company Permit.
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Attachment"A"- Resolution No.2010-02
5.7. Compliance With Separate Agency Requirements.
After OCTAP issues a Company Permit, the Permittee shall also comply with any
separate requirements that may have been adopted by any Agency in which Permittee
intends to operate, including, but not limited to, establishment of a franchise and the
payment of business license fees or taxes.
5.8. Term of Company Permit.
The Company Permit is valid for one (1) year from the date of its issuance unless
sooner suspended or revoked.
5.9. Company Permit renewal.
No less than thirty (30) days prior to expiration of the Company Permit, the
Permittee shall submit an application for renewal of its Company Permit pursuant to this
Section in order to permit sufficient time to review the application for renewal.
5.10. Company Permit Suspension/Revocation.
A Company Permit may be suspended or revoked by the OCTAP Administrator
for any of the following reasons:
5.10.1. Providing late, false or inaccurate information in the Company
Permit application; or
5.10.2. Allowing operation of a Taxicab by a Driver not possessing a valid
OCTAP Driver Permit stating that the Driver is affiliated with the
Permittee; or
5.10.3. Failure to comply with the OCTAP Regulations; or
5.10.4. Failure of authorized Drivers to comply with the OCTAP
Regulations; or
5.10.5. Operation of any Taxicab at a rate of fare higher than the
authorized fares; or
5.10.6. Failure to cooperate with an Agency's law enforcement officers,
code enforcement officers, OCTAP staff, and/or California Highway
Patrol; or
5.10.7. Operating its business without the insurance required in Section
5.2.3; or
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Attachment"A"- Resolution No.2010-02
5.10.8. Failure to comply with the drug and alcohol policy and program
required in Section 5.2.2.
5.10.9. Failing to fully satisfy any court judgment entered against the
Company arising from liability for operating cabs, including, but not
.limited to, judgments related to collisions or operating without the
requisite insurance, within 15 years after the judgment was
originally entered.
5.10.10. Being held liable under any judgment, decision or determination by
any public or regulatory agency for operating cabs without the
requisite insurance after the adoption of these regulations.
5.11. Company Permit Penalties/Suspensions.
In lieu of revocation or suspension, the OCTAP Administrator may impose a
penalty in the form of a fine, a period of suspension, or both a fine and period of
suspension.
5.12. Right to Appeal.
A Company Permit applicant may appeal a Company Permit denial, suspension
or revocation as provided for in Section 12. Such appeal should be filed with the
OCTAP Administrator within 15 business days of the action being appealed.
6. DRIVER PERMITS
6.1. Driver Permit Required.
No person shall drive a Taxicab within the Area of Jurisdiction of an Agency
without having first obtained either an Interim or a permanent Driver Permit from
OCTAP. Reproduction of a Driver Permit is strictly prohibited for any reason with the
exception of company management copying the permit for the drivers file.
6.2. Driver Permit.
A Driver Permit may be obtained from OCTAP, provided the prospective Driver
has submitted all of the following:
6.2.1. Completed Driver Permit application that is signed by a representative of
the Permittee the Driver intends to work for; and
6.2.2. Valid California Driver License; and
6.2.3. Two current 2" x 2" professional quality color photos (passport photos) of
the applicant; and
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6.2.4. A negative drug and alcohol screening test taken within the previous thirty
(30) days in compliance with California Government Code Section
53075.5(b)(3); and
6.2.5. Livescan fingerprints taken at an approved California Department of
Justice finger printing agency (first time applicants only unless otherwise
required); and
6.2.6. A cleared local background check; and
6.2.7. Payment of all applicable fees, including the background check fee and
Driver Permit application fee.
6.3. Interim Driver Permit.
An Interim Driver Permit may be issued for a period of no more than ninety (90)
days unless extended by OCTAP for a specified period, pending verification of
compliance with the driver permit requirements in Section 6.2. This provision does not
waive the requirement of demonstrated negative results from drug and alcohol testing
within the prior 30 day or then current required period.
6.4. Permanent Driver Permit.
A permanent Driver Permit shall be issued after all the requirements in Section
6.2 are satisfied. If an Interim Permit was issued it may be replaced by a permanent
permit once the applicant has successfully complied with the driver permit requirements
in Section 6.2.
6.5. Term of Permanent Driver Permit.
A permanent Driver Permit is valid one (1) year from the date the Interim Permit
was issued, unless sooner suspended, revoked or otherwise terminated.
6.6. Compliance.with Agency Requirements.
A Driver who has been issued an OCTAP Driver Permit may only pick up
passengers in the Area of Jurisdiction of those Agencies that have approved the
Permittee he/she represents.
6.7. Renewal of Driver Permit.
No less than fifteen (15) working days prior to expiration of the Driver Permit, the
Driver should re-apply for a Driver Permit pursuant and subject to Section 6.2 in order to
permit time to review the application for renewal.
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6.8. Driver Permit limitation.
Each Driver Permit issued by OCTAP, including an Interim Driver Permit, shall be
valid only for the Driver to operate a Taxicab for the Permittee indicated on the Driver
Permit. No Driver may operate a Taxicab for a Company other than the Company listed
on the Driver's Driver Permit. Drivers must submit an application for a new permit if
they change from one company to another pursuant to Section 6.13.
6.9. Possession and Display of Driver Permit required.
A Driver must possess a valid Driver Permit in order to operate a taxicab. The
permit must be displayed at all times, with no alterations or information covered or
hidden, so that passengers and law enforcement officers can easily view the permit.
However, the Driver's California Driver's License number on the Driver Permit may be
covered, but only in a manner that would allow viewing by Law Enforcement/Code
Enforcement Officers or OCTAP Staff.
6.10. Possession of Another Person's Driver Permit Prohibited.
A Driver shall not use or hold in his/her possession another person's OCTAP
Driver Permit. Such action is basis for suspension of the drivers involved.
6.11. Replacement Driver Permit.
A replacement for a lost Driver Permit may be obtained from OCTAP, provided
that the Driver has submitted the following:
6.11.1. A replacement Driver Permit application along with the Driver
Permit replacement fee; and
6.11.2. Two current 2" x 2" professional quality color photos (passport
photos).
6.11.3. The Driver shall not operate a taxicab until a replacement permit is
obtained.
6.12. Expiration of Replacement Driver Permit.
A replacement Driver Permit shall expire on the same date as the lost original
Driver Permit.
6.13. Driver Permit Transferability to Another Company.
A Driver may request the transfer of his/her Driver Permit to another Permittee
provided the Driver has submitted the following to OCTAP:
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6.13.1. A Driver Permit application that is signed by an authorized
representative of the prospective Permittee;
6.13.2 The Driver Permit transfer fee; and
6.13.3. Two current 2" x 2" professional quality color photos (passport
photos) of the applicant.
6.14. Driver Permit Denial.
A Driver Permit shall be denied if applicant:
6.14.1. Is under the age of 18 years; or
6.14.2. Does not possess a valid California Driver License (Class C); or
6.14.3. Fails to enroll in the required random drug and alcohol program; or
fails the required drug and/or alcohol test. Upon testing positive for
drugs and/or alcohol, the applicant shall not be eligible to reapply
for a Driver Permit for a period of six (6) months from the test date;
or
6.14.4. Falsifies, or fails to disclose, material information on the application
for Driver Permit within the past one (1) year; or
6.14.5. Is required to register as a sex offender pursuant to California
Penal Code Section 290; or
6.14.6. Is on formal probation or parole for any offense outlined herein; or
6.14.7. Is convicted (or pleads guilty or nolo contendere), regardless of the
time elapsed, in any state, of any of the following or their
equivalent: murder; a violation of California Vehicle Code Section
2800.2 (pertaining to disregard for safety of persons or property),
Section 2800.3 (pertaining to flight from peace officer causing death
or bodily injury) or Section 20001 (pertaining to duty to stop at
scene of accident); robbery; pandering; pimping; crimes related to
the use, sale, possession, or transportation of controlled
substances and/or marijuana; crimes involving weapons; any crime
for which registration would be required under California Penal
Code Section 290; or any other offense involving moral turpitude or
any crime that is substantially related to the qualifications, functions
or responsibilities of a Taxicab Driver; or
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Attachment"A"- Resolution No.2010-02
6.14.8. Is convicted of any felony in any state (or pleads guilty or polo
contendere), other than those felonies listed in Section 6.14.7,
within eight (8) years of application; or
6.14.9. Is convicted (or pleads guilty or nolo contendere) of any of the
following within five (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); a violation
of California Vehicle Code Section 2800.1 (pertaining to flight from
peace officer); Section 20002 (pertaining to duty where property is
damaged), Section 20003 (pertaining to duty upon injury or death)
or any corresponding substitute sections; vehicular manslaughter;
and Penal Code Sections 240, 241, 242, and 243 or any
corresponding substitute sections pertaining to assault and battery;
or
6.14.10. For good cause after an administrative hearing by OCTAP, subject
to appeal pursuant to Section 12 below.
6.15. Driver Permit Suspension/Revocation.
A Driver Permit may be suspended or revoked by the OCTAP Administrator for
any of the following reasons:
6.15.1. Failure to comply with the applicable provisions (including
timeliness of submissions) of the OCTAP Regulations; or for
renewal; or
6.15.2. Circumstances providing grounds for denial of a Driver Permit as
outlined in the OCTAP Regulations; or
6.15.3. Revocation or suspension of Driver's California Driver's License; or
6.15.4. Driver's failure to cooperate with an Agency's law enforcement
officers, code enforcement officers, OCTAP staff, and/or California
Highway Patrol officers; or
6.15.5. Notification to OCTAP by the Permittee that the Driver is no longer
an authorized Driver for the Permittee; or
6.15.6. Positive drug/alcohol screening test or failure to submit to random
testing pursuant to the Drug and Alcohol Certification Program
required in Section 5.2.2; or
6.15.7. Notification by taxi operating company of any matter requiring such
action by OCTAP; or
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Attachment"A"- Resolution No.2010-02
6.15.8. Not enrolled and/or active in the required random drug and alcohol
program.
6.16. Driver Permit Penalty/Suspension.
The OCTAP Administrator may impose a penalty in the form of a fine, a period of
suspension, or both, a fine and a period of suspension as specified in the OCTAP
Regulations.
6.17. Right to Appeal.
A Driver Permit applicant may appeal a permit denial, suspension or revocation
as provided for in Section 12.
6.18. Driver Permit Surrender.
6.18.1. A Driver Permit applicant shall immediately surrender his/her
Interim Driver Permit to OCTAP upon issuance of a Permanent
Driver Permit or upon its expiration, whichever shall come first.
6.18.2. A Driver Permit applicant shall cease to work immediately and shall
surrender, within 2 business days, his/her Permanent (or Interim)
Driver Permit to OCTAP upon its expiration, suspension,
revocation, or upon termination of his/her employment or
association with a Permittee.
7. TAXICAB PERMITS
7.1. Inspection.
Upon issuance of a Company Permit and prior to operating, Permittee shall
present each Taxicab listed in the Permit to a designated OCTAP facility for a Taxicab
inspection. OCTAP may, at its discretion, conduct Taxicab inspections at the
Permittee's facility.
7.2. Taxicab Permit.
7.2.1. Upon meeting all inspection standards and upon passing the Taxicab
inspection, OCTAP shall issue a nontransferable Taxicab Permit sticker
for each approved Taxicab. The Company Permit sticker must always be
affixed to the left-hand corner of the rear window of the Taxicab for which ,
the sticker is issued. The Taxicab Permit is valid for one (1) year from
day, month and year of issuance.
7.2.2. Vehicles that do not possess a valid OCTAP vehicle permit must display
"Not In Service" signs. Signs must be a minimum size of 8 '/2" x 11" with
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Attachment"A"-Resolution No.2010-02
lettering which is visible up to 50 feet during daylight hours. If window
signs are used they must be placed in the driver's side rear side window
and rear window. If magnet signs are used they must be placed on one
door of each side of the car body. If equipped, a not in service top light is
acceptable.
7.3. Random Inspections.
7.3.1. In addition to the initial and annual Taxicab inspection, all Taxicabs
operated under OCTAP authority shall submit to on the road or random
inspections by OCTAP inspectors or Agency peace officers or Agency
code enforcement officials when so requested. Failure to submit to an
inspection may result in suspension of the Taxicab Permit. The inspector
shall complete a "random inspection report" at the time of inspection which
shall indicate what repairs, if any, need to be made to the Taxicab. Failure
of any critical component can be the basis of immediate placement of the
vehicle into "Not in Service" status. One copy of the report shall be given
to the Driver. OCTAP shall mail a copy of the report to the Permittee to
whom the vehicle is registered.
7.3.2. If the random inspection report indicates the need for repairs to a Taxicab,
the Permittee is required to present the Taxicab to OCTAP for re-
inspection within three (3) business days to verify that the required repairs
have been made. If the vehicle was placed into "Not in Service" status by
the inspector, the vehicle may not be placed back into the revenue service
until a re-inspection passes the vehicle. A re-inspection fee shall be
required at time of re-inspection.
7.3.3. If a Taxicab fails any inspection, the inspector may order such Taxicab
out-of-service pending repairs and re-inspection. The inspector may,
suspend the Taxicab Permit by removing the Taxicab Permit sticker.
7.3.4. In the event that all required repairs have not been made to a Taxicab
within five (5) business days, the Taxicab Permit shall be suspended or
revoked until all corrections have been made to the satisfaction of
OCTAP.
7.3.5. Upon correction and passing re-inspection, OCTAP shall re-instate the
Taxicab Permit by issuing a replacement Taxicab Permit using the original
expiration date. A re-instatement fee must be paid prior to the re-issuance
of the permit.
7.4. Re-inspection.
Taxicabs that fail a Taxicab inspection shall pay a re-inspection fee and be
presented for re-inspection after the identified corrections have been made. If such
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Attachment"A"- Resolution No.2010-02
corrections have been made and if the Taxicab meets the inspection standards, a
Taxicab Permit shall be issued (if out of service).
7.5. Taxicab Substitution.
A Permittee may replace any Taxicabs listed in the Company Permit with another
Taxicab upon satisfaction of the following conditions:
7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the
Taxicab Permit sticker;
7.5.2. Passing a Taxicab inspection by the replacement Taxicab; and
7.5.3. Payment of Taxicab Permit transfer fee.
7.6. Substituted Taxicab Sticker.
Upon satisfaction of the conditions stated above, OCTAP shall delete the vehicle
identification number of the Taxicab to be replaced in the Company Permit and add the
Taxicab identification number of the replacement Taxicab. OCTAP shall issue a new
Taxicab Permit sticker for the replacement Taxicab that shall be valid for the term
remaining under the Taxicab Permit sticker of the replaced Taxicab. Such requests
must be filed with OCTAP at least 2 business days prior to the requested action.
7.7. Taxicab Permit Renewal.
The Taxicab Permit shall be renewed annually by presenting each Taxicab listed
in the permit application to the OCTAP facility for a Taxicab inspection at least five (5)
business days prior to the end of the permit period, and by paying all applicable fees.
OCTAP may, at its discretion, conduct Taxicab inspections at the Permittee's facility.
7.8. Taxicab Permit Renewal Sticker.
Upon the successful completion of the Taxicab inspection, OCTAP shall place a
new expiration date sticker on the Taxicab Permit sticker for each of the Taxicabs
registered in the Company Permit.
7.9. Sale of Taxicab.
A Permittee must present any vehicle which is being sold to another party to
OCTAP prior to completing the sale to assure (via OCTAP inspection) that all OCTAP
permits and markings are removed and that the vehicle cannot be mistaken by the
public as an authorized taxicab in the County of Orange.
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8. TAXICAB INSPECTION STANDARDS
8.1. Minimum Standards.
The minimum Taxicab standards are those of the California Vehicle Code. All
Taxicabs shall meet all applicable standards of the California Vehicle Code as well as
the following in order to pass the OCTAP vehicle inspection. Certain equipment must
be present and fully functional as OEM (original equipment manufacture), as specified
in this section. Taxicabs must be maintained to these standards at all times. OCTAP
may administratively clarify and/or change the standards in the public interest. OCTAP
will utilize the vehicle inspection form included in these regulations. A copy of the
inspection form will be provided to the operators. This form will clearly delineate
conditions which:
• Meet OCTAP standards and are therefore acceptable; or
® Do not meet OCTAP standards and must be repaired/re-inspected to
OCTAP's approval prior to returning to revenue service; or
® Do not meet OCTAP standards, but are sufficiently minor to allow the
vehicle to remain in service for up to ten (10) business days while repairs
are made and completion of the repairs is determined by an OCTAP re-
inspection (subject to a re-inspection fee).
8.2. Body Condition.
8.2.1. No body damage, frame damage, tears or rust holes in the Taxicab body
and/or loose pieces hanging from the Taxicab body are permitted. Front
and rear fenders, bumpers, hood, trunk, and trim shall be securely fixed
and shall be in correct alignment to the Taxicab as OEM. Body damage
shall include any un-repaired dents, distortions, depressions, bulges,
tears, holes, or disfigurements.
8.2.2. The exterior of the Taxicab shall be maintained in a clean condition and
shall be free of unsightly dirt, tar, oil, and rust.
8.2.3. The Taxicab paint shall not be mismatched, faded, blistered, cracked,
chipped, peeled, or scratched.
8.2.4. Each OCTAP Permittee shall paint vehicles in one primary color scheme.
OCTAP may approve one secondary color scheme for special use
vehicles (such as taxicabs used in paratransit services, extended/stretch
or uniquely styled vehicles, SUVs, London cabs, sightseeing vehicles, or
any other special use vehicle operating as taxicabs but that does not
conform to the standard look, appearance, and general use of a
company's primary fleet) and/or as approved by the OCTAP Safety
Committee.
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8.2.5. The color scheme, name, monogram, or insignia used upon Permittee
Taxicabs shall not be in conflict with and shall not imitate any other color
scheme, name, monogram, or insignia used by any other Permittee. The
provisions of this subsection shall not be applied to require any change or
modification of any color scheme, name, monogram, or insignia
continuously used by any Permittee authorized prior to August 1, 1999.
8.3. Brake System.
Pursuant to California Vehicle Code § 26453.
8.4. Climate Control.
8.4.1. The Defroster must be operational pursuant to California Vehicle Code §
26712.
8.4.2. The air conditioning/heating units shall be functional at all times. The air
discharged from the air conditioner interior vent system shall be
continuously cool. All air conditioning temperature controls and functions
shall operate as originally designed and manufactured with no knobs or
components broken or missing. Systems shall operate on all OEM
speeds with no excessive noise.
8.5. Exhaust System.
Pursuant to California Vehicle Code § 27153.
8.6. Fuel Tank Cap.
Pursuant to California Vehicle Code § 27155.
8.7. Horn.
Pursuant to California Vehicle Code § 27000.
8.8. Hubcaps or Wheel Covers.
Hubcaps or wheel covers shall be of like style and shall be on all wheels for
which hubcaps are standard equipment.
8.9. Interior Condition.
8.9.1. Passenger compartment, driver compartment, and trunk or luggage area
shall be clean and free of foreign matter, offensive odors and litter.
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Attachment"A"- Resolution No.2010-02
8.9.2. Seat upholstery shall be clean. interior walls, carpet and/or flooring, and
ceiling shall be kept reasonably clean. No rips or tears are permitted. All
repairs shall be done so as to reasonably match the existing interior.
8.9.3. Door handles and doors shall be intact, clean and operational. Each door
shall be capable of being unlocked and opened from the interior of the
Taxicab.
8.9.4. Dashboards shall be maintained in a manner that is clean and free of
loose articles. Dashboards shall be free of: cracks, holes, and tears.
8.10. Interior Information.
8.10.1. A 4" x 6" information card shall be displayed in plain view of all
passengers at all times that the Taxicab is in operation.
8.10.2. The information card shall contain the following information on the
Permittee: name, business address and telephone number of the
Permittee and Taxicab Driver; the name, address, website, and
phone number of the regulating agency (OCTAP) and the
authorized fare schedule.
8.10.3. The valid Driver Permit issued to the Driver must be easily visible
by passengers and law enforcement officers, with no alterations or
information covered or hidden (except as indicated in section 6.9),
at all times that the Taxicab is in operation. However, the Driver's
California Driver's License number on the Driver Permit may be
covered, but only in a manner that would allow viewing by Law
Enforcement/Code Enforcement Officers or OCTAP Staff.
If a driver is operating an out of service vehicle, "Not In Service"
signs must be displayed. Signs must be a minimum size of 8 '/2" x
11" with lettering which is visible up to 50 feet during daylight hours.
If window signs are used they must be placed in the driver's side
rear side window and rear window. If magnet signs are used they
must be placed on one door of each side of the car body. If
equipped, a "Not in Service" top light is acceptable.
8.10.4. One OCTAP-issued customer information sticker shall be displayed
in plain view of all passengers at all times that a Taxicab is in
operation. The sticker shall be placed on the outside, rear,
passenger-side window. The sticker shall indicate that the Taxicab
has been safety inspected and indicate a telephone number to call
for information.
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8.10.5 The taxicab fleet number shall be placed inside the taxicab with a
minimum number/letter height of one inch and placed directly below
(separate from or part of) the Interior Information Card.
8.11. License Plates.
Pursuant to California Vehicle Code § 5202.
8.12. Lights and Lenses.
8.12.1. Headlights shall be operational on both high and low beams
(California Vehicle Code § 24400).
8.12.2. Taillights shall be operational and the light emitted be red in color
(California Vehicle Code § 24600).
8.12.3. Emergency flashers shall be operational (California Vehicle Code §
24252).
8.12.4. Reverse lights shall be operational (California Vehicle Code §
24606(a)).
8.12.5. Turn signal lights shall be operational (California Vehicle Code §
24951(b)(1)).
8.12.6. Brake lights shall be operational (California Vehicle Code §
24603(b)).
8.12.7. License plate light shall be operational (California Vehicle Code §
24601).
8.12.8. Interior lights shall be OEM, operational, and set to automatically
activate when passengers are entering or exiting the taxicab.
8.12.9. Light lenses must be OEM, intact and contain no holes or large
cracks.
8.13. Markings.
8.13.1. Exterior markings shall consist of Permittee's Company name,
phone number, body number and other OCTAP approved logo.
Such exterior markings shall be properly and neatly placed and
easy to read (in contrasting colors).
8.13.2. Permittee's company name shall be placed on each side of Taxicab
in letters not less than 3 inches in height (in contrasting colors).
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8.13.3. Taxicab number shall be placed on each side and rear of the
Taxicab in numbers not less than 3 inches in height.
8.14. Mirrors.
Pursuant to California Vehicle Code § 26709.
8.15. Muffler.
Pursuant to.California Vehicle Code § 27150(a).
8.16. Parking Brake.
Pursuant to California Vehicle Code § 26451.
8.17. Proof of Insurance.
Pursuant to California Vehicle Code § 16020 through 16028.
8.18. Radio.
8.18.1. Taxicabs shall be equipped with a two-way radio or cellular phone
in working order.
8.19. Seat Belts.
Pursuant to California Vehicle Code § 27315. Additionally, Taxicab restraint
system shall be maintained to OEM specifications and shall be in good working order.
8.20. Steering and Suspension System.
Steering and suspension system shall be in good mechanical order. (California
Vehicle Code § 24002(a)(b)).
8.21. Taximeter and Meter Seals.
8.21.1. A taximeter in working order.
8.21.2. All Taximeter seals shall be intact.
8.21.3. Taximeter shall be certified by the County Sealer of Weights and
Measures. The date on the seal shall not be more than 13 months
old. Private meter seals (paper and lead) from a certified meter
shop may be used during periods of fare adjustments or when a
taximeter has been repaired. Such temporary meter seals shall be
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Attachment"A"- Resolution No.2010-02
valid for thirty (30) days only. Meters marked with "Need to Repair"
tags, or equivalent, will not be accepted. No temporary meter seals
will be accepted when performing annual inspections.
8.21.4. Taximeter shall be placed in the Taxicab so that the reading dial
showing the amount of fare to be charged shall be well lighted and
easily read by the passenger.
8.21.5. A Taxicab shall be placed out of service if the taximeter is not
working, the seal is broken or missing, the date on the seal is more
than 13 months old, or the authorized fare is not being charged.
8.21.6 Taximeter shall not charge a fare other than the authorized fare.
8.22. Tires.
8.22.1. Pursuant to California Vehicle Code § 27465(b).
8.22.2. A jack, tire changing tool, and an inflated spare tire. A Company
may be exempted from this requirement upon proof that the
Permittee has a contract with a towing company and a policy in
place to send another Taxicab for the stranded passengers.
8.23. Windows.
8.23.1. Front and rear windshield per California Vehicle Code § 26710.
8.23.2. Safety glass shall be in all windows.
8.23.3. Windows shall be operational as originally designed.
8.23.4. No window tinting on windshield or front side windows per
California Vehicle Code § 26708. Furthermore, no window tinting
shall be allowed to the rear side or rear windows except for OEM.
8.24. Windshield Wipers.
Pursuant to California Vehicle Code § 26707.
8.25. Foot Pedal Pads.
OEM rubber pads on all foot controls. Pads shall not be worn or deteriorated to
the point that metal is showing.
8.26. California Vehicle Registration.
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8.26.1. A valid registration per California Vehicle Code § 4462.
8.26.2. Registered as commercial Taxicabs per California Vehicle Code §
260.
8.26.3 Registered to the Permittee and/or Driver showing the same
Permittee's and/or Driver's name and address.
8.27. Vehicle Age.
Effective March 1, 2001, OCTAP shall not issue a Taxicab permit for any vehicle
older than ten (10) model years measured from the current calendar year (example:
during calendar year 2000 vehicle must be model year 1990 or later). Vehicles older
than ten (10) model years shall not be eligible to operate as a Taxicab under any
condition.
8.28. Vehicle Maintenance Records.
All Taxicabs shall be maintained following the service standards recommended
by the vehicle manufacturer. Service records shall be kept and made available to
OCTAP Staff upon request.
9. TAXICAB OPERATION
9.1. Direct Routes.
Driver shall carry a passenger to his/her destination only by the most direct and
accessible route.
9.2. Receipt.
Driver shall give a receipt for the amount charged upon the request of the person
paying the fare. The receipt shall identify the driver's name, Taxicab number, Permittee
name, date and time of issuance.
9.3. Solicitation.
Driver shall not leave his/her Taxicab to solicit passengers.
9.4. Fares Charged.
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Attachment"A"- Resolution No.2010-02
Driver shall not charge fares or charges higher than those authorized in the
OCTAP Regulations. Furthermore, the driver shall activate the taximeter and keep it
activated at all times while carrying a fare-paying passenger.
9.5. Accidents.
In the case of an automobile accident, unless rendered incapable, all Drivers
operating an OCTAP permitted Taxicab shall comply with the minimum requirements for
the Mandatory Exchange of Information established in California Vehicle Code § 16025.
9.6. Additional Operational Requirements.
Nothing in this Section shall prohibit OCTAP or an Agency from requiring a
Permittee or Driver to comply with such additional operational requirements for safe,
efficient and courteous service for the traveling public.
10. PERMIT FEES AND TAXICAB FARES.
10.1. OCTAP Permit Fees.
A fee schedule for OCTAP functions will be proposed by the OCTAP
Administrator, reviewed and recommended by the OCTAP Steering Committee, and
approved by the OCTA Board of Directors in the amount necessary to recover all costs
incurred by OCTA in the administration of OCTAP. The fee schedule adopted by the
OCTA Board of Directors is attached hereto as Attachment "1."
10.2. Taxicab Passenger Fares.
10.2.1. Initial Taxicab passenger fares have been adopted by OCTAP and
ratified by Resolution of each participating Agency.
10.2.2. Each Agency agrees to accept the passenger fare schedule
approved by the OCTAP Steering Committee, which is attached
hereto as Attachment "2." Each year the OCTAP Administrator will
conduct a study of comparable Taxicab fares and recommend a
passenger fare schedule to the OCTAP Steering Committee. In the
event the recommended passenger fare schedule includes any
revision(s) to the then current passenger fare schedule or in the
event the Steering Committee approves consideration of revision(s)
to the then current passenger fare schedule recommended by a
Steering Committee member, then the Steering Committee must
comply with the following procedure in order to approve any
revisions to the passenger fare schedule.
10.2.2.1. Introduction of Proposed Revised Passenger Fare Schedule.
The OCTAP Administrator may recommend a revised
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Attachment"A"- Resolution No.2010-02
passenger fare schedule for first reading and initial
consideration by the Steering Committee at a regularly
scheduled quarterly meeting of the Steering Committee or
the Steering Committee may approve consideration of a.
revised passenger fare schedule recommended by a
member.
10.2.2.2. Public Hearing. The Steering Committee shall have no
authority to adopt a revised passenger fare schedule during
the meeting in which a proposed revised passenger fare
schedule is first introduced and presented to the Steering
Committee. The Steering Committee shall set a public
hearing to receive comments from the public regarding the
proposed revised passenger,_fate schedule. The public
hearing may be set for the next regularly scheduled quarterly
meeting date of the Steering Committee, or another time and
place not less than forty-five (45) days from the date of
introduction of the proposed revised passenger fare
schedule.
10.2.2.3. Notice of Public Hearing. Immediately after the Steering
Committee sets the time and place of the public hearing, the
OCTAP Administrator shall notify OCTA Staff, the City
Manager of each participating Agency, Taxicab Business
licensees, and representatives of the Orange County
Tourism Industry, and shall post and publish a public notice
of the public hearing in a newspaper of general circulation in
the County of Orange at least once, but no less than fifteen
(15) days prior to the date of the public hearing.
10.2.2.4. Adoption. Following the public hearing, the Steering
Committee shall consider the proposed revised passenger
fare schedule along with any public testimony presented in
writing or orally at the time of the hearing. The Steering
Committee may adopt, modify or reject the proposed revised
passenger fare schedule. Any adopted revisions to the
passenger fare schedule shall become effective no less than
thirty (30) days following the adoption by the Steering
Committee.
10.2.2.5. Notice of Adoption. Immediately upon the adoption of a
revised passenger fare schedule, but no later than fifteen
(15) days thereafter, the OCTAP Administrator shall notify
OCTA Staff, the City Manager of each participating Agency,
Taxicab Business licensees, and representatives of the
Orange County Tourism Industry, of said adoption, and shall
Page 27
Attachment"A"- Resolution No.2010-02
post and publish a public notice of said adoption in a
newspaper of general circulation in the County of Orange at
least once, but no.later than fifteen (15) days subsequent to
the date of adoption.
10.2.2.6. Maiority Vote Required. Any action by the Steering
Committee to adopt a revised passenger fare schedule shall
require adoption by an affirmative vote of a majority of all
members of the Steering Committee representing a
participating Agency, regardless of the number of such
members present and voting.
10.3. Refund Policy.
There shall be no refund of any portion of the .fees described in the OCTAP
Regulations.
11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING
11.1. Purpose.
The purpose of this section is to implement the administrative regulation of S.B.
1519 (Chapter 721, 2008 Statutes), which added Sections 53075.7 and 53075.9 to the
California Government Code pertaining to non-permitted taxicab operations (bandit
cabs) and advertising.
11.2. Information Warranting an Investigation.
11.2.1. The following information, which if provided by member Agency or
OCTAP staff, law enforcement, or a member of the public, will be
deemed sufficient to warrant an investigation to determine whether
OCTAP should commence proceedings against the alleged illegal
operation of a taxicab or an alleged violation of the advertising
requirements of California Government Code Section 53075.9:
11.2.1.1. As to the alleged illegal operation of a taxicab, the
date, time and location of the alleged illegal operation,
and information indicative of a taxicab operation (such
as advertising a taxicab service on the vehicle and/or
picking up passengers at a location reserved for
taxicab service or other such indicative information);
information pertaining to the type of vehicle involved
(sedan, van, station wagon), the vehicle's license
plate number, color, make, model, and any distinctive
characteristics, if any (such as signs, markings,
condition or visible damage to the vehicle). The
Page 28
Attachment"A"- Resolution No.2010-02
absence of distinctive characteristics shall not be a
basis for not pursuing an investigation into the alleged
illegal operation of a taxicab.
11.2.1.2. As to an alleged violation of Government Code
Section 53075.9 pertaining to advertising, a copy or
exemplar of the advertising information (such as the
sign, business card, advertising display, webpage,
electronic recording or phone directory) evidencing
non-compliance with the statute.
11.2.2. The person providing the information in subsection 11.2.1 above
shall provide his/her identity and be available to testify in
administrative proceedings pertaining to the alleged violation. The
identity of members of the public shall not be released under Public
Records Act requests, but shall be available to parties against
whom the proceedings are brought.
11.3. OCTAP Administrator Review and Authority.
11.3.1. Upon review of the information required hereunder, and if the
OCTAP Administrator or designee determines that the evidence
warrants it, the OCTAP Administrator or designee may notify the
alleged offending Company and/or Driver of the alleged violation
evidenced by the information, and give notice of, and hold within 60
days of such notice, an administrative hearing to consider the
Company's and/or Driver's response to the evidence of violation,
and to consider the imposition of administrative penalties for the
violation pursuant to Government Code Section 53075.9(c), and an
assessment sufficient to cover the reasonable expense of
investigating the violation. Within 10 days of the administrative
hearing, the OCTAP Administrator or designee shall notify the
Company and/or Driver in writing of his/her decision. Any
administrative penalty in the form of a monetary fine shall be due
and payable within 30 days of the date of the decision. The
decision of the OCTAP Administrator or designee and imposition of
the cost recovery assessment is subject to appeal within 10 days of
-the decision pursuant to Section 12 below.
11.3.2. In lieu of notifying the Company and/or Driver of the alleged
violation evidenced by the information required hereunder, the
OCTAP Administrator or designee may forward the information with
a recommendation for prosecution or appropriate civil proceedings
against the Company and/or Driver to the prosecutor for the
member Agency in whose jurisdiction the alleged violations
Page 29
Attachment"A"- Resolution No.2010-02
occurred. The recommendation. shall include a statement of the
costs to OCTAP for investigating the alleged violation.
11.3.3. Pursuant to Government Code Section 53075.9(c), OCTAP shall
collect interest at the rate of 10% per annum for all unpaid fines and
assessments, commencing on the day following when the payment
of the fine and assessment is due. All fines, assessments, and
interest collected shall be deposited at least once each month in a
fund established for the purpose of enforcing the provisions of this
Section.
12. APPEAL
12.1. Notice of adverse action.
In the event a permit is proposed to be denied, suspended revoked, or a penalty
imposed, the applicant or Permittee or Driver shall be notified in writing of the proposed
adverse action and the reason(s) supporting it.
12.2. Notice of appeal.
No later than ten (10) days following the date on the notice of proposed adverse
action, the applicant, Permittee, or Driver may submit a written appeal on a form
provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the
reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a
waiver of the right to an appeal.
12.3. Stay.
Except as provided in Section 12.4, once an appeal is filed, the proposed
adverse action shall be stayed pending the final determination on appeal.
12.4. Stay, exception.
If, in the OCTAP Administrator's opinion, the continued operation of a Taxicab,
possession of a Company Permit, or possession of a Driver Permit represents a health
or safety hazard for the public, the adverse action shall not be stayed pending the final
determination on appeal.
12.5. Initial review of appeal.
If an appeal is timely filed, the OCTAP Administrator shall either make the final
decision regarding the appeal or shall assign a hearing officer to make the final decision
regarding the appeal. The OCTAP Administrator may review the appeal and any
additional information provided therein and shall have the discretion to determine the
appropriate action in response to the appeal.
Page 30
Attachment"A"-Resolution No.2010-02
12.6. Hearing Officer.
In the event the OCTAP Administrator elects to assign a hearing officer to decide
the appeal then the following shall apply:
12.6.1. The hearing officer shall not be an OCTA employee;
12.6.2. The hearing officer shall expeditiously schedule the appeal hearing.
12.6.3. The appellant and the OCTAP Administrator or the Administrator's
designee shall each have the right to appear in person and be
represented by legal counsel or other representative, to present
evidence, to call and cross-examine witnesses under oath, and to
present argument.
12.6.4. The formal rules of evidence shall not apply, and any relevant
evidence that is the sort of evidence upon which responsible
persons are accustomed to rely in the conduct of serious affairs
shall be admissible.
12.6.5. Hearsay evidence may be considered by the hearing officer, but no
findings may be based solely on hearsay evidence unless
supported or corroborated by other relevant and competent
evidence.
12.6.6. The OCTAP Administrator may promulgate supplementary rules
and procedures for the conduct of the hearing, the forms of notice
and proceedings, and the preparation and submission of the
record.
12.6.7. The hearing officer shall have the discretion to determine the
appropriate action in response to the appeal.
12.6.8. The decision of the hearing officer shall be the final administrative
remedy and shall be binding upon the parties to the appeal.
12.6.9. If the hearing officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to the OCTAP
Administrator.
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Attachment"A"- Resolution No.2010-02
13. AMENDMENT(S) TO REGULATIONS
13.1. Administrative Amendment(s).
The Steering Committee may adopt administrative amendment(s) to the OCTAP
Regulations. OCTAP shall forthwith notify each Agency and the OCTA Board of
Directors of any changes adopted pursuant to this section.
13.2. Substantive Amendment(s).
Notwithstanding section 13.1 above, the Steering Committee is not authorized to
adopt substantive amendment(s) to the OCTAP Regulations. Substantive
amendment(s) shall be recommended by the Steering .Committee and substantive
amendment(s) must be approved by each Agency and shall be effective only in the
Area of Jurisdiction of each Agency that has approved the amendment(s). For
purposes of this section, a substantive amendment is defined as an amendment likely to
have any of the following effects:
13.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA Board of
Directors); or
13.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency; or
13.2.3. Affect the purpose of the OCTAP Regulations.
13.3. OCTAP Permit Fees and Taxicab Passenger Fares.
13.3.1. Sections 13.1 and 13.2 above shall not apply to an amendment to
the OCTAP fee schedule, attached hereto as Attachment "1," which
is adopted by the OCTA Board of Directors.
13.3.2. An amendment of the Taxicab passenger fares attached hereto as
Attachment "2" and adopted pursuant to Section 10.2.2.6 of these
Regulations shall be considered an administrative amendment
pursuant to Section 13.1 in order to ensure uniformity of fares
within Orange County.
--End of Regulations--
Page 32
Attachment"A"- Resolution No.2010-02
OCTAP Regulations —Attachment 1 (Amended 07-01-08)
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
FEE STRUCTURE (Effective: July 1, 2008)
Company Business Permit-Annual
New Company Permit $3,948.00
Company Permit Renewal $1,317.00
Vehicle Permits(per vehicle) -Annual
Vehicle Permit(includes inspection) $371.00
Vehicle Re-inspection
(After a failed inspection-minor item. Vehicle in Service) $62.00
(After a failed inspection-major item. Vehicle Out of Service) $140.00
Vehicle Re-inspection (after a"no show"for appointment") $371.00
Vehicle Permit Transfer $50.00
Replacement Vehicle Permit $50.00
Late Fees (Per business day late) $27.00*
Vehicle Permits (per vehicle) -Random
Vehicle Re-inspection
(After a failed inspection-minor item. Vehicle in Service) $62.00
(After a failed inspection- major item. Vehicle Out of Service) $140.00
Vehicle Re-inspection (after a"no show"for appointment') $371.00
Driver Permits—Annual'
Annual Driver Permit $99.00
Replacement Driver Permit $13.00
Transfer of Driver Permit(to another company) $18.00
Re-instatement of existing permits $18.00
Late Fees (Per business day late) $27.00**.
*Applies to Annual Vehicle Permits Only. Fifteen(15) Days Maximum.
**Applies to Annual Driver Permits Only. Four(4) Days Maximum.
' Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing, photographs,
fingerprinting, and/or background check.
Attachment 1 Page 33
Attachment"A"- Resolution No.2010-02
®CTAP Regulations —Attachment 2 (Amended 05-24-08)
ORANGE COUNTY APPROVE®
TAXICAB FARE RATES
(Effective: May 24, 2008)
$2.95 First 1/4 Mile
$.65 Cents Each Additional 1/4 Mile
$30.00 per Hour Wait Time
No Extra Charge for Additional Passengers.
Attachment 2 Page 34
Attachment"A"- Resolution No.2010-02
OCTAP ADMINISTRATIVE PENALTIES
AND
FINES SCHEDULE
OCTAP REGULATION
SECTION FINES* SUSPENSION
5.2.3 (Company insurance) $250 warning/revoke
5.2.5 (Pull notice—no notification) $100 warning/revoke
5.4.2 (Ineligible drive—notification) $100 warning/revoke
5.7 (Out of area pick up) $100 3 day suspension
5.10.2 (No driver permit) $250 warning/revoke
5.10.3 (Permit non comply) $250 penalty/revoke
5.10.4 (Driver non compliance) $100 penalty/suspension
5.10.5 (Exceed fare rates) $250 penalty/suspension
5.10.6 (OCTAP cooperation) $250 warning/penalty/
revocation
6.6 (Driving outside of auth.Zone) $100 warning/3 day
suspension
6.8 (Changed company w/o auth) $100 warning
6.15.1,4 (OCTAP non compliance) $100 warning/revoke
7.2.1 (No vehicle permit) $500 warning/revoke
7.3.1 (Random inspection-non coop) $250 5 day suspension
of driver+vehicle
8.1 (Unsafe vehicle operation) $250 5 day suspension
of vehicle+driver)
8.10.3 (Permit not displayed) $50 warning/3 day
suspension
11.2 (Non-permitted taxi operation/ $250/500/1000/ penalty for 1st thru
Advertising) 3000/5000 5th and subsequent
violations in 24
months(excluding
cost assessment)
OCTAP Penalties and Fines Schedule Page 35 1/08/2009
Res. No. 2010-02
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City'Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on January 19, 2010 by the following vote:
AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
ABSTAIN: None
ty Clerk and ex-offi4t Clerk of the
City Council of the City of
Huntington Beach, California