Loading...
HomeMy WebLinkAboutORANGE COUNTY TAXI ADMINSTRATION PROGRAM (OCTAP) - 1997-04-21 Council/Agency Meeting Held: ZA0 lo Deferred/Continued to: *A prove Con itionall A rove ❑ Denied Cle 's Sig a re Council Meeting Date: 1/19/2010 Department ID Number: PD-10-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND Cl OUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, City Admix - r t.or PREPARED BY: KENNETH W. SMALL, Chief of Police i SUBJECT: Orange County Taxi Administration Program (Revision) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approval of a Resolution of the City Council of the City of Huntington Beach accepting Orange County Taxi Administration Program (OCTAP) Steering Committee's approval of a revised set of regulations. Funding Source: No impact. Recommended Action: Motion to: Approve Resolution No. 2010-02of the City Council of the City of Huntington Beach, California, adopting revised Orange County Taxi Administration Program regulations. Alternative Action(s): Do not approve the Resolution and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: PD-10-001 Analysis: 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. OCTAP established uniform regulations designed to comply with the City's responsibilities under Government Code Section 53075.5 and are applicable to taxicab companies and taxicab drivers. These regulations include minimum standards for insurance, equipment, mechanical conditions, taxicab fares, and other aspects of taxicab operations. The changes to the revised regulations presented here pertain mainly to the performance of taxicab drivers such as requiring Livescan fingerprinting of applicants; increasing from 15 to 60 days the recommended time to begin permit renewals prior to expiration; and language changes such as removing the word "vehicle" and replacing it with "taxicab". The OCTAP Safety Committee and the OCTAP Steering Committee have 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. 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. Strategic Plan Goal: Maintain and Enhance Public Safety. Environmental Status: Not applicable Attachment(sl: Pafge Nuffiber Ro. a - o . 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS 2. OCTAP REGULATIONS 3. LEGISLATIVE DRAFT OF OCTAP REGULATIONS 4. INTER-AGENCY AGREEMENT -2- 12/17/2009 10:26 AM ATTACHMENT # 1 +� 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 1: 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 APPROVED AS TO FORM: sty Atto ey llK o �z\ S 9 REVAnijrator APPROVED: INITIATED AND APPROVED: City Chief of Police 09-2363/42080 2 Attachment"A" - Resolution No.2010-02 QI *4 � 7 1� w d } REGULATIONS OF THE ORANGE COUNTY 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 un is. 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 3. AGENCY AND OCTA PARTICIPATION.............................................................3 3.1. Agency. ......................................................................................................... 3 3.2. OCTA. ........................................................................................................... 4 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 Page ii 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 Page III 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 Page iV 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 Page 1 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. Page 2 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. Page 3 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 Page 4 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: Page 5 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 (and 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 20th 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 Page 6 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 Page 7 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 Page 8 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. Page 9 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 Page 10 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 Page 11 Attachment"A"- Resolution No.2010-02 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. Page 12 Attachment"A" - Resolution No.2010-02 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: Page 13 Attachment"A"- Resolution No.2010-02 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 Page 14 c Attachment"A"- Resolution No.2010-02 6.14.8. Is convicted of any felony in any state (or pleads guilty or nolo 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 Page 15 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 Page 16 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 Page 17 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. Page 18 Attachment"A"- Resolution No.2010-02 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. Page 19 Attachment"A" - Resolution No.2010-02 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. Page 20 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. Page 21 Attachment"A" - Resolution No.2010-02 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). Page 22 Attachment"A"- Resolution No.2010-02 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 Page 23 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. Page 24 Attachment"A"- Resolution No.2010-02 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. Page 25 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 Page 26 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 fare 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. Majority 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. Page 31 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 I," 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 ii vs. Attachment"A"- Resolution No.2010-02 OCTAP Regulations —Attachment 2 (Amended 05-24-08) ORANGE COUNTY APPROVED 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 i>n%ss 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 5`h and subsequent violations in 24 months (excluding cost assessment) OCTAP Penalties and Fines Schedule Page 35 1/08/2009 15 117S. 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 ot-y Clerk and ex-offi . Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 REGULATIONS OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM Amended Fee Schedule 07/01/2008 Amended Passenger Fares 05/24/2008 Deleted:151178.5 652123. ------------------ TABLE OF CONTENTS Deleted:2 1. PURPOSE AND SCOPE....................................................................................... Deleted:2 Deleted:2 1.2. Objective........................................................................................................1 ;,;' Deleted:2 1.3. Agency Legislative Independence and Authority Retained............................1 %/;i; Deleted:2 1.4. Implementation.............................................................................................. �;';","j r Deleted:2 2. DEFINITIONS....................................................................................................... -;';'r'%, Deleted:z 2.1. Agency........................................................................................................... :';; -;' Deleted:2 2.2. Area of Jurisdiction........................................................................................ -i-r;', Deleted:2 2.3. Company. ......................................................................................................�, Deleted:3 2.4. Company Permit.............................................................................................Z 2.5. Driver. Deleted:3 2.6. Driver Permit..................................................................................................2 -i;;;' 2.7. OCTA.............................................................................................................2, Deleted.3 2.8. OCTAP. .........................................................................................................3 Deleted:3 2.9. OCTAP Administrator. Deleted:3 2.10. Permittee. ...................................................................................................... Deleted:3 2.11. Taxicab.......................................................................................................... Deleted:a 2.12. Taxicab Permit............................................................................................... .. Deleted:4 3. AGENCY AND OCTA PARTICIPATION..............................................................3---- ';',% Deleted:6 3.1. Agency...........................................................................................................3 Deleted:5 3.2. OCTA............................................................................................................. 3.3. Mutual Indemnification................................................................................... Deleted:e 4. ADMINISTRATIVE COMMITTEES c� Deleted:5 ...................................................................... 4.1. Steering Committee. Deleted:5 4.2. Safety Committee..........................................................................................5 ,;', Deleted:s 5. COMPANY PERMITS..........................................................................................4 = Deleted:9 5.1. Company Permit required.............................................................................. ;;'; Deleted:11 5.2. Company Permit requirements...................................................................... :' ' Deleted:11 5.3. Basis for Denial. ........................................................................................... Deletea:11 5.4. Company Drivers. ............11 ;' 5.5. New Company Drivers................................................................................. (Deleted:11 5.6. Issuance. .................................... ; Deletea:11 5.7. Compliance With Separate Agency Requirements......................................11 Deleted:11 5.8. Term of Company Permit. ...........................................................................11 Deletea:12 5.9. Company Permit renewal. ...........................................................................11_ ';', , Deletea:13 5.10. Company Permit Suspension/Revocation. .................................................. 2_ Deletea:13 5.11. Company Permit Penalties/Suspensions.....................................................L4 "',Deleted-13 5.12. Right to Appeal............................................................................................ ,' Deletea:13 6. DRIVER PERMITS.............................................................................................!A---- ,/' , Deleted:13 6.1. Driver Permit Required. ............................................................................... , ,,', Deletea:la 6.2. Driver Permit................................................................................................. , 6.3. Driver Permit Issuance. ...............................................................................� ,•',,, Deleted:14 6.4. Term of Driver Permit. ................... Deleted:14 6.5. Compliance with Agency Requirements...................................................... J Formatted:Font:s pt Formatted:Doc ID --� Pagej, ------------------------------------------------------------------- 65212', '�-• Deleted:14 Deleted:15 Deleted:15 Deleted:15 6.6. Renewal of Driver Permit. 6.7. Driver Permit limitation.................................................................................�,; Deleted:15 6.8. Possession and Display of Driver Permit required....................................... Deleted:15 6.9. Possession of Another Person's Driver Permit Prohibited...........................1 Deleted:16 6.10. Replacement Driver Permit.......................................................................... Deleted:17 6.11. Expiration of Replacement Driver Permit.....................................................� ,i;,, Deleted:18 6.12. Driver Permit Transferability to Another Company. .....................................1 ,% ' ' � ,;;; Deleted:18 6.13. Driver Permit Denial.....................................................................................1 ;; Deleted:18 6.14. Driver Permit Suspension/Revocation.........................................................7 Deleted:is 6.15. Driver Permit Penalty/Suspension............................................................... 18� ' 6.16. Right to Appeal ;', Deleted:19 g pp Deleted.19 6.17. Driver Permit Surrender............................................................................... ';','; 7. TAXICAB PERMITS..................................................................... ........1 Deleted:19 .............. 7.1. Inspection. ...............................................jA ;; - Deleted:21 7.2. Taxicab Permit............................................................................................. Deleted:21 7.3. Random Inspections.................................................................................... ;'% Deleted:21 7.4. Re-inspection...............................................................................................21 ;';';', Deleted:21 7.5. Taxicab Substitution. ...................................................................................21_;';', Deleted:22 7.6. Substituted Taxicab Sticker.........................................................................21 Deleted:22 7.7. Taxicab Permit Renewal..............................................................................21 Deleted:22 7.8. Taxicab Permit Renewal Sticker..................................................................21 7.9. Taxicab Permit Surrender............................................................................� �;';� Deleted-22 8. TAXICAB INSPECTION STANDARDS.............................................................. ;' Deleted:z3 8.1. Minimum Standards.....................................................................................29 Deleted:23 8.2. Body Condition. ...........................................................................................2 ;' %,, Deleted:23 8.3. Brake System. .............................................................................................2 ,' Deleted:24 8.4. Climate Control............................................................................................2 ' -' ;' ,, Deleted:24 8.5. Exhaust System........................................................................................... ,', Deleted:24 8.6. Fuel Tank Cap.............................................................................................2 -�' -' Deleted:24 8.7. Horn.............................................................................................................23 Deleted:24 8.8. Hubcaps or Wheel Covers........................................................................... ,-' 8.9. Interior Condition. ..................................................................................... 2 Deletes:2a ... 8.10. Interior Information. ..................................................................................... Deleted:25 8.11. License Plates. ............................................................................................2 Deleted;25 8.12. Lights and Lenses. ......................................................................................25 ,-' -- Deleted:26 8.13. Markings............................................................................................. .........2�C Deleted:26 8.14. Mirrors. ........................................................................................................ _ Deleted:26 8.15. Muffler..........................................................................................................2 C Deleted:26 8.16. Parking Brake..............................................................................................2� - -- Deleted:26 8.17. Proof of Insurance. ......................................................................................2�C 8.18. Radio. ................................................................................. .. .... Deleted,27.................� ---. 8.19. Seat Belts.................................................................................................... Deleted:27 8.20. Steering and Suspension System................................................................ Deleted:27 8.21. Taximeter and Meter Seals. ........................................................................27 ,--- Deleted:27 8.22. Tires.............................................................................................................241 Deleted:28 8.23. Windows......................................................................................................?A____ Deleted:28 Formatted 1 '�-- Formatted z Pageji 652123.1 a' 8.24. Windshield Wipers.......................................................................................2 - - Deleted:28 8.25. Foot Pedal Pads.......................................................................................... ------ Deleted:28 8.26. California Vehicle Registration..................................................................... -------- Deleted:28 8.27. Vehicle Age. ................................................................................................ Deleted:28 8.28. Vehicle Maintenance and Records..............................................................2A------- Deleted'29 9. TAXICAB OPERATION .....................................................................................2 ---------- Deleted:29 9.1. Direct Routes...............................................................................................Z- 9.2. Receipt. .......................................................................................................?A Deleted:29 9.3. Solicitation. ..................................................................................................2 Deleted:29 9.4. Fares Charged.............................................................................................Z9� Deleted:29 9.5. Accidents...................................................................................................... _ _ Deleted:29 9.6 Dispatch.......................................................................................................?9 Deleted:zs 9.7 Place of Business........................................................................................3 �_ Deleted:29 9.8 Credit Card t Pa men ...................................................................................3 y � Deleted:30 9.9 Dispatch Information....................................................................................�- Deleted:30 9.10 Records Retention.......................................................................................3 -- 7Deleted:30 9.11 Lost and Found............................................................................................3�C 9.12 Complaints.............................................................. 3 Deleted:30 9.13. Additional Operational Requirements..........................................................31; Deleted:30 10. PERMIT FEES AND TAXICAB FARES.............................................................31 Deleted:30 10.1. OCTAP Permit Fees....................................................................................31 Deleted.31 10.2. Taxicab Passenger Fares............................................................................31 Deleted:31 10.3. Refund Policy. .............................................................................................3 �, �• Deleted:31 11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING.....................3 Deleted:31 3 11.1. Purpose. ......................................................................................................�_ Deletea:33 11.2. Information Warranting an Investigation...................................................... Deleted:33 11.3. OCTAP Administrator Review and Authority. .............................................. ;•. '•, 12. APPEAL.............................................................................................................3r,---- Deleted:33 12.1. Notice of adverse action.............................................................................. Deletea:33 12.2. Notice of appeal...........................................................................................25, Deleted:34 12.3. Stay. ............................................................................................................ Deleted:35 12.4. Stay, exception............................................................................................ ;'.,'. Deleted:35 12.5. Initial review of appeal.................................................................................3 pp �_ Deleted:35 12.6. Hearin Officer. ...........................................................................................3 g Offi Deleted:35 13. AMENDMENT(S)TO REGULATIONS...............................................................36 Deleted:35 13.1. Administrative Amendment(s)......................................................................� • •• Deleted:35 13.2. Substantive Amendment(s). .........................................................."".......... _ 13.3. OCTAP Permit Fees and Taxicab Passenger Fares...................................37 Deleted:35 Deleted:36 Deleted:36 Deleted:36 Deleted:37 Formatted:Font:8 pt Formatted:Doc ID Pagelh------------------------------------------------------------------- 652123.1 a 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 Formatted:Font:s Pc . Formatted:Doc ID Page'-...................... .-------------------________________________a 652123.1 ; 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. Formatted:Font:a pt Formatted:Doc ID Page,2 6521231 a 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. Formatted:Font:8 pt Formatted:Doc ID Paget3 652123] a'� 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 J Formatted:Font:a Pt Formatted:Doc ID Page; - ---------- -------- 652123.1 < 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 Formatted:Font:a pt have been satisfied: Formatted:Doc ID Page,5 ---------------------- 652123.1 a' 5. 2.1.Submission of a completed Company Permit application package; 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 (and 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 20th 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 J Formatted:Font:8 pt Formatted:Doc ID 652123 1 Pa9e'6-- --------------------------------------------------------------- ^ 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; and 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 with an insurer with a minimum AM Best Rating of A-7. Each insurance policy required by these regulations shall waive all rights of subrogation against OCTA, OCTAP and its member agencies, including the County of Orange, their elected and appointed officials, officers, directors, employees, agents and volunteers. No self-insured retention shall be allowed. Deductibles shall not exceed ten thousand dollars ($10,000) per occurrence. In addition, the applicant shall direct the insurance company to provide, OCTAP ,Copies of_-Endorsements to the - -- Deleted: to insurance policy 1) naming OCTA, OCTAP and its member agencies, Deleted:certified including the County of Orange, heir elected and appointed officials, Deleted:the Agencies participating officers, directors, employees, agents and volunteers as additional in the Orange County Taxi Administration Program and the insureds; and 2) indicating that coverage shall not be reduced, terminated Orange County Transportation or cancelled without thirty (30) days prior written notice to OCTAP: and 3 Authority, the OCTAP special endorsement must be completed and duly executed Deleted:Officers,Directors, by the agent or broker of record and submitted along with the proof of Employees and Agents insurance. 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 Deleted:No self-insured retention shall submit insurance binders evidencing insurance coverage for the shall be allowed. Deductibles shall policy period subsequent to the expiration of the current policies. Lapses not exceed$10,000 per occurrence.Such lapses or interruptions of or interruptions of insurance coverage shall cause an immediate insurance coverage shall cause an immediate suspension of the suspension of the Company Permit, pending revocation, and an Business Permit and an immediate immediate revocation of all Taxicab Permits issued to the Permittee. revocation of a Taxicab Permit. Reinstatement of a Business Permit Reinstatement of a Company Permit may require payment of applicable will require the payment of a fees and/or fines. Furthermore if reinstated, any Taxicab(s) a Permittee reinstatement fee,and any return to desires to be placed back into service will require the issuance of a new service of the taxicab with a revoked_ Taxicab Permit will require issuance Taxicab Permit with applicable fees paid of a new permit and fee. ° Formatted: Formatted:Doc ID Page'7------------------------------------------------------------------ 652123 1 t' 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 a Driver Permit, Permittee shall require the Driver to turn over his/her Driver 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 pursuant to Section 8.2EL --------- Deleted:to the applicant 5.2.7. Every owner, partner or principal officer of applicant has submitted to Livescan fingerprinting at an approved California Department of Justice finger printing agency (first time applicants only unless otherwise required Deleted:by the Orange County — Sheriffs Department 5.2.8. Every owner, partner or principal officer of applicant has successfully cleared aj_�ackground_check; and ___--- _----- Deleted:local 5.2.9. &yment of all applicable fees, - =---_ Deleted:Submitted Deleted:p 5.2.10. Submission of proof, acceptable to the OCTAP Administrator, that', "-Deleted:S applicant Company will meet the following service standards during Its Deleted:,including,but not limited term of operation: to,background check fee,Company Permit application fee,and Taxicab Permit application fee. 5.2.10.1. Company shall maintain and provide year-round, 24-hour live ,, Formatted:Indent:Left: 0.5 human response dispatched telephone service. Hanging: 0.63" Formatted:Indent:Left: 1", Hanging: 0.75" 5.2.10.2. Company shall have a principle place of business from which it'------- Formatted:Indent:Left: 1", conducts its activities as a Taxicab Company, includinq dispatch Hanging: 0.75" of Taxicabs required above, and related activities. (Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed.) 5.2.10.3. Company and all Drivers shall provide electronic processing of----- Formatted:Indent:Left: r", credit cards as a payment option to customers. Hanging: o.7s Formatted:Font:8 pt Formatted:Doc ID 652123.1 PageJ8------------------------------------------------------------------a%,;, 5.2.10.4. Company shall maintain the ability to provide OCTAP, upon------ Formatted:Indent:Left: r', request, the following order and dispatch record information for Hanging: 0.81" each service request: - Driver responding to service request; — -- Formatted:Bullets and Numbering - Location of pickup request; - Identification of order taker - Date and time order was placed, printed with time machine-------- Formatted:Indent:Left: 1.75", and/or computer dispatch system; Hanging: 0.31" - Time delay quoted, if any; - Identification of Taxicab dispatched (the Company must--- --- Formatted:Indent:Left: 1.75", also, through a separate record, be able to identify the Hanging: 0.31" name of the Driver); and - Time of dispatch printed with time machine and/or computer dispatch system. 5.2.10.5. Company shall keep order and dispatch records readily------- Formatted:Indent:Left: 1", available to OCTAP for at least ninety(90)days. Hanging: 0.81" 5.2.10.6. Company shall have a written lost and found policy and shall------- Formatted:Indent:Left: 1", have submitted a copy to OCTAP. Hanging: 0.81" 5.2.10.7. Company shall have a pollcV in place to receive complaints.------- Formatted:Indent: The complaint policy must contain the mechanism for receiving Hanging: 0.81" complaints, investigation, and final resolution of complaints, as well as corrective actions. All complaints must be responded to in an expedient, responsible, and professional manner. 5.3. Basis for Denial. A Company Permit shall be denied if any of the following apply to an applicant Company or to any owner, partner or principal officer of an applicant Company: 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 J Formatted:Font:8 pt Formatted:Doc ID Page 6521231 a 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 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 Taxicabs 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 Taxicabs, including, but not limited to, collisions or operating without the requisite insurance, within 15 years of submitting the application. 5.3.11. Failure to provide required evidence of service standard compliance'----.-- Formatted:Indent:Left: 0.5° pursuant to Section 5.2.10. Hanging: 0.56" • — Deleted:¶ Formatted:Font:8 pt Formatted:Doc ID Page 652123.1 0 6.4. 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 within five (5) business days. 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. 6.9. Company Permit renewal. . Deleted:thirty No less than sixt da s rior to the expiration of the Com-an Permit the Deleted:3 —�- -----y- p---- -----------p------------- ---- - - � •. Deleted:permit Permittee shall submit an application for renewal of its Company Permit pursuant to this Section in order to allo%sufficient time to review t_he application_for renewal. Failure to Formatted:Font:a pt Formatted:Doc ID Pagel1--------------------------------------------------- 652123.1 f•• timely submit an application for renewal of the Company Permit shall result in Permittee being required to submit an application for a new Company Permit. 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 in violation of the_insurance requirement,in ,-:--_"Deleted:" without - - Section 5.2.3; or Deleted:d 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 Taxicabs, 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 Taxicabs without the requisite insurance after the adoption of these regulations. Formatted:Font:8 pt Formatted:Doc ID Page,12------------------------------------------------------------------ 612123.1 a' 5.11. Company Permit Penalties/Suspensions. In lieu of revocation the OCTAP Administrator may impose a penalty in the form_ - - Deleted: orsuspension - ------ of a fine, a period of suspension, or both a fine and period of suspension. 5.12. Right to Appeal. A Company Permit applicant/Permittee may appeal a Company Permit denial, suspension or revocation as provided for in Section 12. Deleted:Such appeal should be filed with the OCTAP Administrator within 15 business days of the action 6. DRIVER PERMITS being appealed. 6.1. Driver Permit Required. No person shall drive a Taxicab within the Area of Jurisdiction of an Agency without having first obtained Driver Permit-from_OCTAP._ Reproduction_of a Driver ,- - Deleted:either an Interim or Permit is strictly prohibited for any reason with the exception of company management Deleted: permanent 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 taken within the previous thirty(30)days; and Deleted:local Deleted:,including the background 6.2.4. A negative drug and alcohol screening test taken within the previous thirty check fee and Driver Permit (30) days in compliance with California Government Code Section application fee 53075.5(b)(3); and Deleted:6.3..Interim Driver Permit. 6.2.5. Livescan fingerprints taken at an approved California Department of ;' An Interim Driver Permit may be Justice finger printing agency (first time applicants only unless otherwise issued for a period of no more than ninety(90)days unless extended by required); and OCTAP for a specified period, 1' 1 pending verification of compliance with the driver permit requirements in 6.2.6. A cleared hack round check; and J'_-----g- -------- - - -------- --------- ------ ----- -------- ------- --------- Section 6.2. This provision does not waive the requirement of demonstrated negative results from 6.2.7. Payment of all applicable feek--- --------- --------- --- ---- ------- ---------------------- drug and alcohol testing within the prior 30 day or then current required — — Period.¶ Formatted:Font:8 pt Formatted:Doc ID 652 L23.1 a' 6.3. Ariver Permit Issuance. — Deleted:Permanent Driver Permit shall be issued within five (5) business days after all the - Deleted permanent requirements in Section 6.2 are satisfied. -- Deleted:ifan interim Permitwas issued it may be replaced by a permanent permit once the applicant 6.4. Term of Driver Permit. has successfully complied with the — P 9 driver permit requirements in Section Driver Permit is valid one 1 ear from the date of issuances unless sooner s2. - - c- y -� Deleted: Permanent suspended, revoked or otherwise terminated. - Deleted: permanent 6.5. Compliance with Agency Requirements. Deleted:the Interim Permit was issued 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. 6.6. Renewal of Driver Permit. It is recommended that pp less than_sixty 60 _working days__prior to the _,__ Deleted:N expiration of the Driver Permit, the Driver should re-apply for a Driver Permit pursuant ,Deleted:fifteen(15) and subject to Section 6.2 in order to allow.time to review the application for renewal. If Deleted:permit - - - - - ------ - - a Driver's Permit expires before approval of renewal, the Driver will not be allowed to operate a Taxicab until such a time as the renewal is approved. The renewal of a Driver Permit shall be granted within five (5) business days of satisfaction of all requirements for renewal. 6.7. Driver Permit limitation. Each Driver Permit issued by OCTAP,shall be valid_only for the Driver_to operate ....- j Deleted:,including an Interim Driver a Taxicab for the Permittee indicated on the Driver Permit. No Driver may operate a Permit, 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 6.12 6.8. 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. Formatted:Font:8 pt Formatted:Doc ID Page` 652123A a 6.9. 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. 6.10. Replacement Driver Permit. A replacement for a lost Driver Permit may be obtained from OCTAP, provided that the Driver has submitted the following: 6.10.1. A replacement Driver Permit application along with the Driver Permit replacement fee; and 6.10.2. Two current 2" x 2" professional quality color photos (passport photos) of the applicant taken within the previous thirty (30) days; and 6.10.3. Valid California Driver's License; and 6.10.4. Proof of successful participation in a current and active Random Drug and Alcohol program. 6.10.3. The Driver shall not operate a Taxicab until a replacement permit is obtained. 6.11. Expiration of Replacement Driver Permit. A replacement Driver Permit shall expire on the same date as the lost original Driver Permit. 6.12. 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: 6.12.1. A Driver Permit application that is signed by an authorized representative of the prospective Permittee; and 6.12.2. The Driver Permit transfer fee; and 6.12.3. Two current 2" x 2" professional quality color photos (passport photos) of the applicant taken within the previous thirty (30) days; and 6.12.4. Valid California Driver's License; and Formatted:Font:8 pt Formatted:Doc ID Page`5 ---- a' 6.12.5. OCTAP Driver Permit to be transferred: and 6.12.6. Proof of successful participation in a current and active Random Drug and Alcohol program. 6.13. Driver Permit Denial. A Driver Permit shall be denied if applicant: 6.13.1. Is under the age of 18 years; or 6.13.2. Does not possess a valid California Driver License (Class C); or 6.13.3. 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 6.13.4. Falsifies, or fails to disclose, material information on the application for Driver Permit within the past one (1)year; or 6.13.5. Is required to register as a sex offender pursuant to California Penal Code Section 290; or 6.13.6. Is on formal probation or parole for any offense outlined herein; or 6.13.7. 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 6.13.8. Is convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 6.13.7, within eight (8)years of application; or Formatted:Font:8 pt Formatted:Doc ID Page` ; 652123.1 6.13.9. 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 6.13.10. For good cause after an administrative hearing by OCTAP, subject to appeal pursuant to Section 12 below. 6.14. Driver Permit Suspension/Revocation. A Driver Permit may be suspended or revoked by the OCTAP Administrator for any of the following reasons: 6.14.1. Failure to comply with the applicable provisions (including timeliness of submissions)of the OCTAP Regulations; or 6.14.2. Circumstances providing grounds for denial of a Driver Permit as outlined in the OCTAP Regulations; or 6.14.3. Revocation or suspension of Driver's California Driver's License; or 6.14.4. Driver's failure to cooperate with an Agency's law enforcement officers, code enforcement officers, OCTAP staff, and/or California Highway Patrol officers; or 6.14.5. Notification to OCTAP by the Permittee that the Driver is no longer an authorized Driver for the Permittee; or 6.14.6. 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 6.14.7. Notificationpf any matter_requiring_such_action by OCTAP;_or ___ __--- Deleted:byt-ioperatingoompany 6.14.8. Not enrolled and/or active in the required random drug and alcohol program 6.14.9. For good cause after an administrative hearing by OCTAP, subject to appeal pursuant to Section 12 below. Formatted:Font:8 pt Formatted:Doc ID Page` 652123.1 a 6.14.10 A Driver who has had his/her permit revoked shall be prohibited from applying for a new Driver Permit for one (1)year from the date of revocation. 6.15. Driver Permit Penalty/Suspension. In lieu of revocation, the OCT-AP Administrator may impose a penalty in-the form__------(Deleted:T ------- of a fine, a period of suspension, or both, a fine and a period of suspension as specified in the OCTAP Regulations. 6.16. Right to Appeal. A Driver Permit applicant may appeal a permit denial, suspension or revocation as provided for in Section 12. 6.17. Driver Permit Surrender. 6.17.1. A Driver Permit holder shall cease to work immediately and shall surrender, within 2 business days, his/her Driver Permit to OCTAP upon its expiration, suspension, revocation, or upon termination of his/her employment or association with a Permittee„ ------- Deleted:ADrivePrit applicant surrender his/her Interim Driver Permit to OCTAP upon issuance of a Permanent Driver ---------- - --------- --------------- -----------, Permit or upon its expiration, whichever shall come first. 7. TAXICAB PERMITS Deleted:6.18.2. Deleted:A Driver Permit applicant 7.1. Inspection. shall cease to work immediately and shall surrender,within 2 business days,his/her Permanent(or Interim) Upon issuance of a Company Permit and prior to operating, Permittee shall Driver Permit to OCTAP upon its present each Taxicab listed in the Permit to a designated OCTAP facility for a Taxicab expiration,suspension,revocation,or upon termination of his/her inspection. OCTAP may, at its discretion, conduct Taxicab inspections at the employment or association with a Permittee's facility. Permittee. 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 Taxicab 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 ate of Issuance. ------------------------------------------------------------------------------------------ Deleted:day,month and year 7.2.2. Vehicles that do not possess a valid OCTAP Taxicab Permit must display "Not In Service" signs. Signs must be a minimum size of 8 'h" x 11" with lettering which is visible up to 50 feet during daylight hours. If window Formatted:Font:s pt ,l Formatted:Doc ID Page`8--------- 652123.1 < 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 1 inspection may result in suspension of the Taxicab Permit and other administrative actions. 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 to meet applicable standards or the failure of any critical component, or multiple defects can be the basis to immediately place the Taxicab into either "Must Repair" or "Out of Service" status. One_copy_of the report shall be given to_the Drive r.-_-___ Deleted:of Immediate placement of -- ------- - - the vehicle into"Not in Service" OCTAP shall mail a copy of the report to the Permittee.. status. 7.3.2. If a Taxicab fails any random inspection due to Minor Items, the Inspector Deleted:e is shall glace the Taxicab into Must Repair" status. The Permittee .-- regDeleted:i to whom the vehicle registered. ------------------------ required to present the Taxicab to OCTAP for re-inspection within tear (1�0_ Deleted:me random inspection business days to verify that the required repairs have been made. If the report indicates the need for repairs Taxica was laced into "Must Re air" status by the inspector, the vehicle ` toaT., b,t —� p - ---, may remain in service for up to ten (10) business days while repairs are,;. Deleted:three made and completion of the repairs is verified by an OCTAP re- Deleted:s inspection. A re-inspection fee pursuant to Section 7.4 shall be required Deleted:vehicle at the time of re-inspection. Deleted:Not in service 7.3.3. In the event that all required repairs have not been made to a Taxicab placed in "Must Repair" status within ten (10) business days, the Taxicab Permit will be suspended until all corrections have been made to the satisfaction of OCTAP. 7.3.4. If a Taxicab fails any random inspection due to Maior Items, the inspector shall place the Taxicab into "Out of Service" status and shall suspend the Taxicab Permit and remove the Taxicab Permit sticker pending repairs and re-inspection. If the Taxicab is placed into "Out of Service" status by the inspector, the Taxicab may not be placed back into revenue service until it passes a re-inspection. A re-inspection fee, pursuant to Section 7.4 shall be required at the time of re-inspection. 7.3.5. For a Taxicab placed into "Must Repair" status that is not repaired within ten (10) business days or a Taxicab placed into "Out of Service" status, upon correction and passing re-inspection, OCTAP shall re-instate the Formatted:Font:8 pt ,,t Formatted:Doc ID Page,19---------------------------------------------------------------- 6>2t23.1 ♦ Taxicab Permit using the original expiration date. A re-inspection fee, pursuant to Section 7.4, must be paid prior to the re-inspection and re- issuance of the permit __ Deleted: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. Deleted: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.¶ T 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.¶ 4 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.¶ Formatted:Font:8 pt Formatted:Doc ID Page'20---------------------------- 652123 I a 7.4. Re-inspection. a---- Formatted:Normal 7.4.1. Taxicabs that fail a Taxicab inspection (minor item — "Must Repair") shall be presented for re-inspection within ten 00) business days after failure of inspection. A re-inspection fee will apply at the time of re-inspection. The Taxicab Permit shall be suspended if the Taxicab is not presented for re- inspection within the ten (10) business days. 7.4.2. Taxicabs that fail a Taxicab inspection (major item — "Out of Service") shall be presented for re-inspection after the identified repairs have been made. The Taxicab Permit shall be suspended until such time that the Taxicab passes re-inspection. A re-inspection fee will apply at the time of re-inspection. Upon passing the re-inspection, the Taxicab Permit shall be re-instated using the original expiration date. v----------------------------------------------------------------------------------------- Deleted:Taxicabs that fail a Taxicab 7.5. Taxicab Substitution. inspection shall pay a re-inspection fee and be presented for re- inspection after the identified A Permittee may replace an Taxicah listed in the Company Permit with another corrections have been made.If Such Y P Y "4 _ ___._ P _y corrections have been made and if Taxicab upon satisfaction of the following conditions: the Taxicab meets the inspection standards,a Taxicab Permit shall be issued(if out of service).¶ 7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the Deleted:S 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. Formatted:Font:8 Pt Formatted:Doc ID Page'21------------------------------------------------------------------- --- 652123.1 e 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. Taxicab Permit Surrender Deleted:Sale of Taxicab 7.9.1. A Permittee must present any Taxicab which is being sold to another party to OCTAP prior to completing the sale to assure that thet_OCTAP-- ---- Deleted: (via OCTAP inspection) Taxicab Permit, Welcome Sticker, _and markings are removed and that Deleted:all the vehicle cannot be mistaken by the public as an authorized Taxicab in Deleted:p the jurisdiction of any member agency. Deleted:s 7.9.2. A Permittee must immediately surrender a Taxicab Permit to OCTAP if a Taxicab has been removed from the required company insurance policy, if the Taxicab Permit is otherwise suspended or revoked, or upon its expiration. Deleted:the County of Orange. '------------------------------------------------------------------------------------- 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 (Major Items); 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) (Minor Items). 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 Formatted:Font:s Pt and rear fenders, bumpers, hood, trunk, and trim shall be securely fixed Formatted:Doc ID Page,22....................................----------------------------- j 652123.1 t 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. Effective October 1, 2009, each OCTAP Permittee shall paint vehicles in Deleted:E -------------------------------------- - - ------------- one primary color scheme. Deleted:OCTAP may'approve one secondary color scheme for special use vehicles(such as taxicabs used 8.2.5. The color scheme, name, monogram, or insignia used upon Permittee in paratransit services, Taxicabs shall not be in conflict with and shall not imitate any other color extended/stretch or uniquely styled vehicles,SUVs,London cabs, scheme, name, monogram, or insignia used by any other Permittee. The sightseeing vehicles,or any other provisions of this subsection shall not be applied to require any change or special use vehicle operating as taxicabs but that does not conform to modification of any color scheme, name, monogram, or insignia the standard look,appearance,and continuously used by any Permittee authorized prior to October 1, 200 ''9 general use of a company's primary fleet)and/or as approved by the OCTAP Safety Committee. 8.3. Brake System. Deleted:August 1,1899 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. Formatted:Font:8 pt Formatted:Doc ID Page, 652123-1 r� Pursuant to California Vehicle Code§27000. 8.8. Hubcaps or Wheel Covers. Rims _bcaps_ or wheel covers shall be of like style__on all wheels. Also, - - Deleted:H hubcaps and wheel cover%_shall be on all wheels for which they-are_standard -- - Deleted:and equipment. Deleted: Deleted:hubcaps 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. 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. Formatted:Font:s pt Formatted:Doc ID Page'24--------------------------------------------------- _ 652123.1 a' 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. 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. Formatted:Fnt.8 pt Formatted:Doc ID Page`25------------------------------------------------------------------- 652123.1 a' 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). 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. Formatted:Font:8 pt t Formatted:Doc ID Page, 6521r,1 a 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 the meter was certified must be on the seal and 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 valid for thirty (30) days only. Taximeters 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 in an "Out of_ rvice" status if the --- Deleted:o -- - -----= taximeter is not working, the seals ar _broken_or missing,_the_date Deleted:s on the seal is missing or more than 13 months old, or the Deleted:is authorized fare is not being charged. 8.21.6 Taximeter shall not charge a fare other than the authorized fare. Formatted:Font:8 pt Formatted:Doc ID Page,27------------------------------------------------------------ -----— , 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. 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 showing the same Permittee's name and address or registered to the OCTAP Permitted Driver showing ted:ands_ Dele ---- --------------------- the same Permitted_Driver's name and_address-------------------------------------- Deleted:Permlttee'sand/or 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 Formatted:Font:8 pt Formatted:Doc ID Page,2B ; 6521231. -------------------------------------------------------------...----- , F than ten (10) model years shall not be eligible to operate as a Taxicab under any condition. 8.28. Vehicle Maintenance and 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. 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 Dispatch ------ Formatted:Heading 2 Company shall maintain and provide year-round, 24-hour live human response dispatched telephone service. Formatted:Heading 2 Formatted:Font:8 pt Formatted:Doc ID Page /652123.1 a, 9.7 Place of Business Company shall have a principle place of business from which it conducts its activities as a Taxicab Company, including the dispatch of Taxicabs. Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed. 9.8 Credit Card Payment t-- ---- Formatted:Heading 2 Company and each Driver shall provide electronic processing of credit cards as a Payment option to customers. 9.9 Dispatch Information t------ Formatted:Heading 2 Company shall maintain the ability to provide OCTAP, upon request, the following order and dispatch record information for each service request: - Driver responding to service request; -------- Formatted:Bullets and Numbering - Location of pickup request; - Identification of order taker; - Date and time order was placed, printed with time machine and/or computer dispatch system; - Time delay quoted, if any: - Identification of Taxicab dispatched (the Compan rV must also, through a separate record, be able to identify the name of the Driver); and - Time of dispatch, printed with time machine and/or computer dispatch system. 9.10 Records Retention — -- Formatted:Heading 2 Company shall keep order and dispatch records readily available to OCTAP for at least ninety(90)days. 9.11 Lost and Found ----- Formatted:Heading 2 Company shall have a written lost and found policy. 9.12 Complaints F------- Formatted:Heading 2 Company shall have a policy in place to receive complaints. The complaint policy must contain a mechanism for receiving complaints, investigation, and final resolution of complaints as well as corrective actions. All complaints must be responded to in an expedient, responsible, and professional manner. Formatted:Font:8 pt Formatted:Doc ID Page_3 _ __________________ 652123.1 , 9;3. Additional Operational Requirements. Deleted:6 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 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 Formatted:Font:spt c I Formatted:DoD__ --� Page_31--------------- a' 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 fare 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 Company PermitteeS -_and representatives of the Orange County - Deleted:Business licensees 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,no less than fifteen_(1__5)_ Deleted: but 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 Company Perm itteeg, and representatives of the Deleted:Business licensees Orange County Tourism Industry, of said adoption, and shall post and publish a public notice of said adoption in a newspaper of general circulation in the County of Orange at least once,no later than fifteen (15) days subsequent to the Deleted: but date of adoption. 10.2.2.6. Majority 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 Formatted:Font:8 pt Formatted:Doc ID Page,32________ 652121 1 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 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, Formatted:Font:8 pt Formatted:Doc ID Page_33........................................................... 65212'.1 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 ten (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 thirty (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 ten (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 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 Formatted:Font:8 pt Formatted:Doc ID Page,3 ------------------------------------ - Fsz 1 r.t t' 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, 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. 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; Formatted:Font:8 pt Formatted:Doc ID Page,35------------------------------------------------------------------- 652123.1 a' 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. 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 Formatted:Font:8 pt Formatted:Doc ID 652123.F �. 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 I,"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-- Formatted:Font:8 pt C Formatted.Doc ID 6521231 Page,37-------- a' ------- r F.matted.Different first page 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 Taxica Perm its_(pervehicle)_-Annual___________________ ______________ ________________________________________________-- Deleted:venicle Taxica Permit(includes inspection)----------------------------------------------_---------$371.00------------------- Deleted:Vehicle Taxicab e-inspection------------------- -_______------ Deleted:Vehicle (After a failed inspection-minor item. "Must Repair a $62.00_ Deleted:vehicle in Service (After a failed inspection-major item. but of_Service")......... ......... 140.0-0 -- -- Deleted:Vehicle _� Taxica Re-inspection(after a"no show"for appointment")____________________________$371.00__-_______ -- Deleted:vehicle Taxica Permit Transfer-----------------------------------------------------------------------$50.00-------------------- Deleted:vehicle Replacement Taxica Permit $50 00-------------------- Late Fees (Per business day late) $27.00* Taxica Perm its_(per vehicle)_-Random _----- Deleted:Vehicle Taxica Re-inspection--------------------------------------------------------------------------- ---------------------- Deleted:Vehicle (After a failed inspection-minor item. "Must Repair" a $62.00_____ -___-_ Deleted:vehicle in service (After a failed inspection-major item. ;Out of Service,) 140.00____________________$ __________------------------------------------------------ Deleted:Vehicle Taxica Re-inspection(after a"no show"for appointment")____________________________$371_00-___ -- Deleted:Vehicle 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. Deleted: 151178.5 ' Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing,photographs, fingerprinting,and/or background check. 652�------------------------------------------------------------------------------------------------------------------------- ------ Formatted OCTAP Regulations—Attachment 2 (Amended 05-24-08) ORANGE COUNTY APPROVED t Formatted:Heading 1 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. Deleted: 151178.5 Attachment 2 Page 39 652123.6---------------------------------------------------------------------------------------------------------------------------- --- Formatted OCTAP ADMINISTRATIVE PENALTIES f------- Formatted:Heading 1,Indent:Left: AND 0",First line: 0" 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 taxicab _permit)_____ ______ ___ .$500___________ __________warning/revoke------------------------ Deleted:vehicle 7.3.1 (Random inspection—non coop) $250 5 day suspension Deleted: . 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 15`thru Advertising) 3000/5000 5th and subsequent violations in 24 months(excluding cost assessment) Deleted:151 178.5 OCTAP Penalties and Fines Schedule Page 40 1/08/2009 6521 ________________________________________________________________________________________________________ Page,1: [1]_Formatted._..._- , szuhike_ ..._ 10/,7/2009 12:54:00-PM Font: 8 pt . Page 1: [2]Formatted jdonich 9/22/20094:06:00 PM Doc ID ATT = � CH » � N--z_,, - - � - _ �: �. - � = c _- .»< �« � � \ ��\ - � ;, : . - -» » - .«y : - -« »z \ \ = a» . - . \ :© � � � - - - _ — �. . :. « _ - - «� : - a ��x«���-».» . yg�� a .. �: . �a� . ORANGE COUNTY TAXI ADMINISTRA7/0N PROGRAM(OCTAP) INTER AGENCY AGREEMENT 1. The City of Hunting (City) and the Orange County Transportation Authority(OCTA) agree to: A. Participate in the Orange County Taxi Administration Program (OCTAP)with the goal of increasing public safety, reducing administrative costs, and expanding the provision of private transportation service in Orange County. B. Mutually adopt OCTAP Rules (attached) to govem the _ administration of taxi service within participating jurisdictions. 11. The City agrees to: A. Participate as member of OCTAP effective July 1, 1997 and continue until terminated by a one year written notice. B. Appoint City Manager or his/her designee to be member of the OCTAP Steering Committee and City Police Chief or his/her designee to serve on OCTAP Public Safety Committee. C. Adopt and enforce a city taxi cab ordinance consistent with OCTAP Rules, and use such ordinance and any applicable state laws as the exclusive method of regulating taxi cabs within the city. D. Enforce and if necessary prosecute all violations of city taxi ordinance and OCTAP Rules occurring within the City. 111. The OCTA agrees to : A. Provide staff and administrative services necessary to implement the OCTAP rules and enforce administrative violations. B. Collect license and permit fees to offset administrative costs. C. Provide city with 12 months written notice prior to withdrawing from OCTAP. Signed/dated: 11/17/97 for city OV Chief Executive Officer Mayor: APPROVED AS TO FORK: Ralph Bauer GAIT, Kid T T 0 N Attest: Citytr CITY ATPO?i2'1EY Clerk Connie Brockway Jy:. De pu y City Attorney ?f27197 RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: Orange County Taxi Administration Program COUNCIL MEETING DATE: January 19, 2010 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached Not Ap licable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR"A DED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: e RCA Author: Sgt. Rob Warden lk CITY CLERK "17 Y OF HUNTINC70N i"ri'CH,CALIF, OCTA December 15, 1997 DEC 19 Ib 17 Ai-i '97 BOARD OF DIRECTORS Rob ertP.Wahlstrom Connie Brockway Chairman City Clerk Sarah LCatz City of Huntington Beach Vice Chairman 2000 Main Street Laurann Cook Huntington Beach, CA 92648 Director Tom Daly Director Dear Ms. Brockway: Miguel Pulido Director Enclosed for your records is a copy of the Orange County Taxi Administration James W.Silva Program inter-agency agreement. If you have any questions, please call me at Director 714/560-5764. . Charles V.Smith Director Todd Spitzer Sincerely, Director ` f � Michael Ward Director ���✓✓J Thomas W.Wilson Sabrina Gates Schaffer Director Transportation Analyst Susan Withrow Director Enclosure Mike McManus Governor's Ex-Officio Member ArthurC.Brown Alternate William G.Steiner Alternate GregoryT.Winterbottom Aftemate ,2 h ` Orange County Transportation Authority 1 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) ORANGE COUNTY TAXI ADMINISTRATION PROGRAM(OCTAP) INTER AGENCY AGREEMENT 1. The City of xuntingWil (City) and the Orange County Transportation Authority(OCTA) agree to:, A. Participate in the Orange County Taxi Administration Program (OCTAP)with the goal of increasing public.safety, reducing administrative costs, and expanding the provision of private transportation service in Orange County. B. Mutually adopt OCTAP Rules (attached) to govern the _ administration of taxi service within participating jurisdictions. II. The City agrees to: A Participate as member of OCTAP effective July 1, 1997 and continue until terminated by a one year written notice. B. Appoint City Manager or his/her designee to be member of the OCTAP Steering Committee and City Police Chief or his/her I designee to serve on OCTAP Public Safety Committee. ' C. Adopt and enforce a city taxi cab ordinance consistent with OCTAP Rules, and use such ordinance and any applicable state laws as the exclusive method of regulating taxi cabs within the city. D. Enforce and if necessary prosecute all violations of city taxi ordinance and OCTAP Rules occurring within the City. Ill. The OCTA agrees to : A. Provide staff and administrative services necessary to implement the OCTAP rules and enforce administrative violations. B. Collect license and permit fees to offset administrative costs. C. Provide city with 12 months written notice prior to withdrawing from OCTAP. Signed/dated: 11/17/97 �`` C. for city 0 Chief Executive Officer -.� Mayor: 0 �- `� APPROVED AS TO FORM: Ralph Bauer GAIL HUT TON Attest: City t��,_ CI1'Y ATTORNEY Clerk Connie Brockway (� %/�� Jy:DePu :T City Attorney 2l27197 ' led Council/Agency Meeting Held: )1 /7/47 Deferred/Continued to: , 13'Approved AA ❑ Conditionally Approved O Denied City Clerk's Signature 7-0 Council Meeting Date- Department ID Number- 3 T -° CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a C z 1 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS u, - m SUBMITTED BY: RAY SILVER, City Administrator/ActingQ/V rncl m PREPARED BY: RONALD E. OWENBERG, Chief of Police 33 7-7- `6q a.} W0 9 — 7 tc SUBJECT: APPROVE AMENDMENT TO H.B.M.C. 5.48 Statement of Issue,Funding Source,Recommended Action,Alternative Action1s),Analysis,Environmental Status, Attachment(s) /Q•I Statement of Issue: Should the City of Huntington Beach participate in OCTAP? The Orange County Taxi Administration Program (OCTAP) in a joint effort with other cities in Orange County has drafted a model ordinance regulating taxicabs operating within the county. The intent of this model ordinance is to establish a set of policies, procedures, standards and rules with respect to the administration and regulation of taxicab transportation services within the participating cities in the County. OCTAP will conduct investigations on each taxicab company and the issuance of permits to drivers. At the conclusion of OCTAP's investigation, approval will be issued permitting the company and driver permission to conduct business in Huntington Beach. Funding Source: none Recommended Action: Motion to Approve Ordinance 33 7 7 , Amending Chapter 5.48 of the Huntington Beach Muncipal Code pertaining to the regulation of taxi cabs and vehicles for hire. Adopt Resolution No. 9? 7(o A Resolution of the City Council of the City of Huntington Beach adopting OCTAP Rates of fare and Regulations pertaining to Taxicabs and Vehicles for Hire. Authorize the Mayor and the City Clerk to execute the Orange County Taxi Administration Program (OCTAP) Inter-Agency Agreement Alternative Actions : Return for further research � JI� *QUEST FOR COUNCIL ACTNN MEETING DATE: DEPARTMENT ID NUMBER: Analysis: The Orange County Taxi Administration Program (OCTAP), is implementing the formation of a county-wide Authority which will actively issue taxicab licenses and driver permits. When approved by cities within Orange County, the Taxi Administration Program will provide uniformity and increased efficiencies to cities in the licensing and regulations of taxicabs and drivers. Currently taxi cabs and drivers are licensed by the Police Department prior to doing business in Huntington Beach. A Traffic Accident Investigator spends a minimum of 20 hours per year on the processing of taxicab driver licenses. Given the officer's salary versus the fees paid the City for taxi permits, the net income to the City in Taxi revenue totals approximately $80.00 annually. Opting to participate in the Taxi Administration Program will be in the best interests of our community, as it will eliminate a time consuming, often cumbersome task while freeing the police officer to concentrate full time on his primary function of Accident Investigation. It is the opinion of the Police Department that the City of Huntington Beach participate in the Orange County Taxi Administration which requires approval from the Council. Environmental Status: Attachment{s): See attached Wo. 3377 14 . 97- 16 0 rAP XaAA-,& °�l*a r &-A�City Clerk's Page Number S- 0 c TAP rcaoctap.doc -2- 10129/97 03:57 PM AUTHOR: 66T ATTACHMEN T # 1 ORDINANCE NO. -1177 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF TAXI CABS AND VEHICLES FOR HIRE The City Council of the City of Huntington Beach does hereby ordain as follows: Section 1 That Chapter 5.48 as it now exists is deleted in its entirety and replaced as follows: Chanter 5.48 TAXICABS-VEHICLES FOR HIRE Sections: 5.48.010 Definitions 5.49.020. City Authorization Required 5.48.030 Driver's Permit Required 5.48.040 Taxicab Vehicle Permit Required 5.48.050 Taxicab Business Permit Required 5.48.060 Application for Permits 5.48.070 Testing for Controlled Substances and Alcohol 5.49.080 Insurance Required 5.48.090 Nontransferability 5.48.100 Equipment 5.48.110 Mechanical Condition 5.48.120 Operational Requirements 5.48.130 Rates and Charges 5.48.140 Separate from Business Licensing 5.48.150 Penalty 5.48.010 Definitions For the purpose of this Ordinance, the words and phrases herein defined shall be construed in accordance with the following definitions. (a) "City" means the City of Huntington Beach. (b) "City authorization" means City authorization to operate a taxicab business in the City. (c) "Driver" mean: a person who drives or controls the movements of a taxicab. (d) "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. (e) "OCTAP" means the Orange County Taxi Administration Program administered by the F Orange County Transportation Authority. 1 9 7lk/ordinaace!rnc5,48f9125197 • • (f) "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City. {g) "Owner" means the registered owner or lessor of a taxicab. (h) "Person" includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. (i) "Taxicab" means a vehicle operated within the jurisdiction of the City, 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, of any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. (j) "Taxicab Business Permit" means a valid permit issued by OCTAP authorizing a person to operate a taxicab business. M "Taxicab Vehicle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. 5.48 020. City AAuthorizatiort Required (a) A person shall only operate a taxicab if the owner of that taxicab is authorized by the City to operate a taxicab business in the City. (b) An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the City to operate a taxicab business in the City. (c) The procedures for City authorization to operate a taxicab business in the City shall be - established by separate Resolution or Ordinance of the City Council. 5.48.QQ Driver's Permit Required A person shall only operate a taxicab if that person possesses a Driver's Permit and if City authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a Driver's Permit and if City authorization has been obtained. 5,,4$.Q40 Taxicab Vehicle Permit Reguuired A person shall only operate a taxicab if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the City if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained. 5.48.Q5Q T xi B sin F mi R uir A person shall only operate a taxicab business in the City if that person possesses a Taxicab Business Permit and if City authorization has been obtained. 2 g 7Adordinance/mcS.A&5'ZSY�7 r 5,48.060 Application for Permit Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation Authority. 5.48,070 Testing for Controlled Substances and Alcohol A driver shall test negative for controlled substance% and alcohol as required by applicable state statutes. 5.4&080 Insurance Rgquired A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered. 48.090 Nontransferability No permit issued under this Ordinance shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit. 5.48.100 Equiom"t A taxicab operated under the authority of this Ordinance shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council. 5.48. 10 Mechanical Condition A taxicab operated under the authority of this Ordinance shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the City Cuuncil. 5.4$.12Q _ Qperatio-nal Muirements (a) A driver shall only carry a passenger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the City Council. (c) A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the City Council: 1. A schedule of rates and charges for the hire of said taxicab; 2. The driver's name and address; 3. The owner's name, address and telephone number; 4. The taxicab identification number; 5. The Driver's Permit issued pursuant to this Ordinance; 6. The Taxicab Vehicle Permit issued pursuant to this Ordinance; and 7. Any other information-required by the City. 3 g 7lklordinance.1=5-481912w197 7. Any other information required by the City. (d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit passengers. (g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. 5.48.139 Rates and Charges No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the City Council. 5,48.140 Separate from Business Licensing The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the City Code. 5.48,150 Penalty The City intends to secure compliance with the provisions of this Ordinance by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense. Notwithstanding any other provision of this Ordinance, each violation of the provisions of this Ordinance may be enforced alternatively as follows: (a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance may be prosecuted for an infraction. Written citations for infractions may be issued by police officers. Any person convicted of an infraction under the provisions of this Ordinance shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. 4 g: iVordinancelmc5.4&1011O197 (b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance may be prosecuted for a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. (c) Civil Anion. The City Attorney by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Ordinance, as provided by law. (d) Administrative Hearing. 1. Upon a finding by the city official vested with the authority to enforce the various provisions of this Ordinance that a violation exists, he/she may notify the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e, abatement or other action required. 2. Said notification shall be in writing setting forth the alleged violations) and the ' anticipated action sought, and shall be given not later than ten days prior to the scheduled date of the hearing. 3. The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. 4. The City Council shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final and enforceable as provided by law. 5 g 7/Wordinar�'MS 4811 011 019 7 t Y t k SECTION 2. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the ist day of December , 1997. ATTEST: ay `G APPROVED AS TO FORM: City CWk 2 REVIEWED AND APPROVED laCity Attorney o-4`aINIT ED AND APP VED: City AdwiMstrator olice Chief 6 $7/klordonanc-p-In-5 4&S-25/97 Ord. No. 3377 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of 'Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17ttpf Noy ember, 1997, and was again read to said City Council at a regular meeting thereof held on the t f e er 7, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None ABSTAIN: Drone I,Connie Brockway CITY CLERK ofthe City of Huntington Beach and ex-ofncio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has bccn published in the Indepcndcnc on fJ • t 9 e,�L0 4G In accordance with the City Charter ofsaid City City Clerk and ex-offieio leek _Connie Brockwav City GerA of the City Council of the City Depuly city Clcrk of Huntington Beach, California Gfordinanc/ordUpg 12 J,1 97 Ordinance No. 3 3 77 LEGISLATIVE DRAFT ti 49 TAXICABS VEHICLES FOR-11TRU 5.48.010 Definitions equtfed 5.48.30 Gef#7Ificeate--rxpTm � and ig 5.48050—CeFt:fieate--issuanee AQ 5.48.090 CeFt 5.48.090 Chan S.48A OO n Fk.e schedule T-ayueab9 5.48.1 s n Rate , hedule OO'neF-vehie'e 5.48-120 Annual vehiele €ee c 4 a 1 3 n Cmising-pf:ohibited 5.48.140 TayifneteFs — 48.160 -opefatrort-ok t eter 5.48.190 -&a elusive use ifenients 3.4 8235 Tay�eab--CeFfific at' 5.48.240 -Rrfusel to-pay-'afe 5.48.250 —'fax;eab--fiver-'s a se-and peFmit posted-within c 48 27n 5.48.294— _48.310 T eab-ldeaWtoation ifed ppeafan aM Renewal pem:iit RAW Appeal Ta n CFti eate" me$t19 a eenifie { this ehapter, „ n hire, whethef�or not the e. end beyead bile" C_ __ iele used fOF the purpose of {f$ 9-or sight#-SE`Qkag, showing, 1ft#9 of in west e+ "bit hingS OFebjeEe# t . (d) "Tamieab" means a bile or-moter pr-epelle iele with distinefive mar-kings e eelor r-egulady engaged m the business of eaffying passengers for-eempens tien er-Fat based opeft distanee tMayeled or-time elapsed upon-any-publie street in the City, not eYeF Fegulaf or d ned muie, and whether-or-not the operation extends beyond the boundaries of the City. (4 7) c o o m n ra� aea�,ae:s.i the business e f o .a:gi e n rl i }{ Wy}tltfSE@h-#aiftQd-8 5ep8f e and neeesst{y for-eae f)f'V1 Mehl a-`cenificate 6f 18-E nd }{ Cler-k upon feFmg pF"ded by the City. The applieetien must be signed by the applieafA and be applicant pr-eposes to use in the ' and $. i"feFfflafi i Lnl The name'Bft ,,, �5- @r#tte applic-ant, , the names of it O , , names of the pa , with the address. of eaeh; e ; r Wing oadname, fneief:of: seF-ial number-, siate lic-effise . mbeF and body style; Id) The location o f the h..s:m s and the pla-l-e-e the appli-ean! PFOpeses to keep sue taEkeab eF$mbulanee while net aeteally-engaged; fROROgFOM and i.�a wis Tyr ename, all be used an eae l.er-vehicle,- , i7G7-'�rircZc f The f the legal ,.d d h,. eh ehie l e. eega s:e � of a e � A-fi[�T ial aczmeirc-rnzi sec; atS of the the- financial status 0 heap-Audi s-ef l>P � �i all unpaid judgm.2nis against the applaeant, and the natt3f g rog-F}se t&-s -h judgments (h) The experienee of he meant-ice l' ee n infi cat e-acc of:ce a rtsrncate s; r�eeesSfty-fequir-es the granting of ertifreate; eeftifiea4e, the City Cierk shall, upen dewmining !he appliemieft to be in ofder-, refer-the matte to the CWef of Paliee fef investigation. in the eOUFse of the investigation, the Chiefef Mice ff-e e span 9r 8nper a named-the applieation to be $phed and fig -pi rated.ierc-rl'rre£ef of Prvi*ce shall cvmpleef e investigat-en t + days, ..less-pfev-...-- ' applied oiF her- PeFSDRiia ed-iEhe eppkatfindingsto the City C!eFk- rewding the »Fa..'.tep-9 E applieant and other-persens named in the appliceation and the :_.de bFskee � equipment, ems' , ei k shall sett g befem the City Couneil. The City Clerk shall gi-ve notiee of!be time so set at leas! five(5) d ys befOFe the d aie of!he hearing to the applicant b-- mail at the Tess se: out in eh a pl•,,.,.;�n .ixgy (60) days after-the m tte_is first set eenveMenee and lappliewieer, and shall detemne whetheF OF ROI the ptiblile ifitefest, �Clerk ith the aPpliepAi *ee4 to the film as ai-!be i fefMatiOR f-eqUtFed-tbe een#a+eed chapter ( - The eq ' e sec efeinadeq u n safe business r-esembles!he WOF seheme, name, foo sigf�&used by another-peFsent; fifm or ee -he same businesgin the City and therefore may tend io deeeive ef de€fat d the pu Wi for eause; ieati a egg S_A 4nv nvi whieh it is issued, be ee ate shall a Hie the-ccmi'te$ on k� hh the City Clerk .. .i..r.... ent issued in n.. : n - - to"Wafty e-Adencing that the 4 ey ag r-tF�tt6r i , anmmmw (a) Combined single liwk bodily i6UFY an&Of pFepeFly damage i. pr-odue4s hab-lity-i gg'eaate. agrees , eemmissions-,be.-4r-ds mid any other-City Geumil appointed body, an"r- eleefiv �Ansms eF employees of the City, when acting as sueh are additional ess.--Fed s-hefedeF L , , mless-the City nst less, damage er-expense reason of-any suits, ela ms, demands,- judgments , lig empleyeeg, agents or any eevered-b t9 ee ri City shall be given: n.. .:it.. notice of.. ly eaneellation, rm te nation eehange in the amount of 9 9 of Ns ehapter- may be Feveked by Ae City Gouneil, either-as a whole or as to an b I therein of as te the right to use ny disianetive ' insignm; after five day etiee t t a ye and plaroe to show eauseW�} , fer-any of the Wowing feasees: (a) That the do f:ed by see ion 5-48.070 has not been filed OF has been %4thdFa (b) Fef the nonp business beense OF otheF fees ayment title;this (d) FeF the-Aelatien of any of the laws of the state eF the City %ith Fespeet to ie-eperatien-6€ ' eF repeated -violations by eper-ater-9 OF dFiver-9 of an (e) Fef:failure to maintain tfS€aet a vehiclera safe-and-s , ti Woring,menegF , fie€fates ' +€€ , 119R0 1247, (a) in the event any ,,..t:f,,.ate4HAdeF&esif iasigp�a used on a , swie-at : , i M Couneil shall be made fef do so, and the City C-euReil shWl gFmi sue fOF eaeh addRieftal vehiele requested shall be made at the time of appi-emien. Fee ,ktender-ed for- ,Weh the City ro ea doFie! e Emit shall be Fefunded. No refund l el.'„le fees paid shall be made whe., the City Ge.,neil gFa..t., for-the opeFatien of tmieabs in the Cky shO file a proposed sehedule of rates. The City teaeh a five days Sri ig-& the Cky Couneil may di, 548Z1 l n Rate sehea.. es- per-sen - and neeessity fOF !he es all f mAes YA h the City Clefk. The sehedule of ates shall be submitted to the City Couneil fe pr-eval by the City Ceuneil. No pefs—an-sho-11 P-ha-Fge rates other-than there so appmved. No ates-of"Ghaia6es is:ei%ii,. ( vov�vv.-•) 5.48.120 Anatie' vehielefee. Each heldeF Of&eeFt-fieate issued hereunder- shall pay an annual ellevAng-sehedule= r-OF enelaxisab ¢ 8 SAR.010i- FeF axicab se def+n Ue a d. T..1, 1 of a eh. In. -iVeF of a vehicle, other-than a taxieab, defined in se !ion c no n1n ..w.,il e se f t9-eh eeF9hall be equipped aced in the yel.-,.le.. 10 FeHdeF the fi,&,g-i sible te the passengeFs at a4ki 'es of the day OF flight, and afteF SUR sueh iamimeter. Sue#4a Zed a.e entat:..e nd he rl.:er..cnel:,.e shall a pel he ewmer-to y-taxkeab in w#ie 7.11►9�1L�1L�11� _ t i _ • • i+mil t. L 7_ , tL.l`1�1zi1l���7J1 f i i i. �± an�a:r��nn•�i���_ i f 3 t i t 3 'i i 3 � :r� niai a�wr��l„1TL`i7.117:1•f i 3 f l�Jlly 11 j't!ntiLlil� S � ii13 :15� f i i i MWIVIII(SAOs ate issued pursuant to th ehapteF Shall PFO-Ade City that !he odofneiefi(fiwe meteF sys em has been eenified by E�sfl (b) Ne peFSOR shall hiFe any ,eWele aeseFi.ea :.. d4 .=$'te with the intent to de fi:a.a .1,., without fir-s! having ebtained a wax-ir--a-b- cmI.Iff'S pennit issued by ihe Chief ef Peliee, as provided 44 260 T., ��u7fieab lAwmation pesied within. Evefy4axieab ��,z.tie,!e .,nme ._a r.,l,ea.,le of f: tes and charges fef the hife-of4he GkyPeli a De.,,,m, lephb .,11 up n.,, .,a all e.,.se e e me:, , of (1368 42*74 iamirvab lower-than OF iA exceess of the Fates posted in the passenger-eefnpe ent ef the t"oeb. A f1.,. fete..,1,•„1, :., le .habut net in exeess e round tFip be ch aged-fer-tfips outside the Cky, heire the ene way distane €E#�e�r: e,.e..han si MAes-.�� ef} passenger kept in a clean and sankary i6on—. (4w&42474 5-48.290 Temieab Ewe eming uis f- Every fay�eab shall be equipped at all times with a siand Poe fiFe eminguisher- in geed wofidng eendiiian-+tw&4.� 5.48.300 Tax:eab 0- at-on genifigate-andj.gogg. No pefsen shall seliek er. piek-" passengefs for- pay wkhin !he Gly fOF EFe pe�Eat eta if , authority (1368a24�4 s n o� �v-3iAv-_Trc*k-ab-4denlifi•.. . . i e e , c i s c i i S - , a - ■ , i r' ' i i - feF the existenee of a" s4ate of faets whieh would have been a good feasen fer-denying rk when applied for-, whether- sueh fWas v6sted at the time applieetion was Fnade fe sueh_pe t . e the i2w) �acn-pc1'�r-6f�icm�-i�isv^-cia��P�=_-----_r�rL�--���$—�,vvs.y to the r;t„ Co ,.;f „hiah may in ;tn a; .ot Chief of .fieat of this ehapter- shall be transfer-able eitheF by eentraet er-e +ena€ RESOLUTION NO. 97-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING OCTAP RATES OF FARE AND REGULATIONS PERTAINING TO TAXICABS AND VEHICLES FOR HIRE WHEREAS, Government Code Section 53075.5 requires the City to adopt an ordinance or resolution in regard to taxicab transportation service within the city, including regulation of employment of taxicab drivers, establishment or registration of rates for taxicab transportation service, and a drug and alcohol testing program; and The City of Huntington Beach has entered into an inter-agency agreement with the Orange County Transoortation Authority in which the City agreed to participate in the Orange County Taxi Administration Program (OCTAP) and the Orange County Transportation Authority agreed to provide the staff and administrative services necessary to implement the program; and The Orange County Transportation Authority has determined the cast of administering the program and has established certain fees covering those costs; and OCTAP has established a schedule of rates of fare for taxicab transportation services, which rates of fare-are reasonable; and OCTAP has also established certain regulations for taxicab drivers, insurance, equipment, mechanical condition, and other aspects of taxicab operations, designed to protect the health, safety and welfare of persons utilizing taxicab services in member cities; and OCTAP will provide all the services necessary for the City to comply with Government Code Section 53075 5 regarding regulation of taxicab transportation services within the City; and The City Council has reviewed and approves of the rates of fare and regulations established by OCTAP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby: 1. Adopts rates of fare and regulations as established by OCTAP, which rates of fare and regulations are attached hereto. 2. Authorizes the Orange County Transportation Authority to establish fees for OCTAP permits and other services not to exceed the cost of administering the program. l 71reso1 ut ioNO C TA P 19r2-5197 3. Authorizes the City Manager or City Manager's designee to approve minor modifications to the rates of fare and regulations as established by OCTAP. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November , 1997. Mai-or ATTEST: • APPROVEQ AS TO FORM: City Clerk PA . l f City Attorney F a Co REVIEWED AND APPROVED: 77 INIT AND APPRO City A19ninistrator P lice Chief 2 7/reW vbot V OC TA P W25/'97 Res.No. 97-76 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,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 an regular meeting thereof held on the 17th day of November, 1997 by the following vote: AYES: Julien,Harman,Dettloff,Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Clerk and ex-officio derk of the City Council of the City of Huntington Beach,California G/resoluti/resUpg/97-39 ATTACHMENT #2 OCTAP SCHEDULE OF RATES OF FARE $1.90 first 1/6 mile $0.30 each additional 1/6 mile $22.00 maximum per hour waiting fee y No charge for first three minutes waiting time No extra charge for additional passengers ATTACHMENT # 3 TAXICAB REGULATIONS OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) 1. PURPOSE 1.1. These regulations implement the provisions of Ordinance74.337-7 regulating taxicab service within the City. 2. DEFINITIONS 2.1. "Driver" means a person who drives or controls the movements of a taxicab. 2.2. "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. 2.3. "OCTA' means the Orange County Transportation Authority. 2.4. "OCTAP' means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. 2.5. "Company' includes natural person, firm, association, organization, partnership, business, trust, corporation or public entity. 2.6. "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. . 2.7. "Taxicab Business Permitn means a valid permit issued by OCTAP authorizing a company to operate a taxicab business in any participating city which allows the company to serve that city. 2.8. `Taxicab Vehicle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. 3. TAXICAB BUSINESS PERMITS 3.1. No company shall operate a taxicab business within the City without having first obtained a Taxicab Business Permit from OCTAP. 3.2. A Taxicab Business Permit shall be issued from OCTAP if the following conditions have been satisfied: 3.2.1. Submission of a completed Taxicab Business Permit application; 3.2.2. submission -of a copy of applicant's drug and alcohol policy meeting OCTAP requirements; 3.2.3. submission of evidence of insurance, in full force and effect, in such form as required by OCTA, issued by a solvent and responsible company licensed to do business in the state, 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 showing that the applicant is insured for 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, applicant shall provide certified copies of Endorsements to the insurance policy 1) naming the cities participating in the Orange County Taxi Administration Program and the Orange County Transportation Authority, its Officers, Directors, Employees and Agents as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or canceled without thirty (30) days' prior written notice to OCTA. OCTA reserves the right to request certified copies of all related insurance policies; 7lrea0k9i0(V0CU XeWW2Sl197 1 3.2.4. submission of financial documents and other information as required by OCTAP; 3.2.5. submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code Section 1808.1. Company is required to immediately notify the OCTAP Administrator if it receives a DMV Pull Notice on one of their drivers which would affect the driver's OCTAP Driver's Permit. In the event the driver's DMV record indicates he/she no longer qualifies for a Driver's Permit, company shall require driver to turn over Driver's Permit to company. Company shall return the Driver's Permit to the OCTAP Administrator. DMV Pull Notice records shall be made available to the OCTAP Administrator upon request. 3.2.6. submission of proof of current California Department of Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit application. All vehicles listed in the Taxicab Business Permit application shall be owned by the applicant; 3.2.7. every owner, partner or principal officer of applicant has submitted to fingerprinting by the Orange County Sheriff's Department; 3.2.8. every owner, partner or principal officer of applicant has successfully cleared a local background check; and 3.2.9. submitted payment of all applicable fees including but not limited to background check fee, Taxicab Business Permit application fee, Taxicab Vehicle Permit application fee, et6-. 3.3. A Taxicab Business Permit shall be denied if any owner, partner or principal officer of applicant fulfill any of the following grounds for denial: 3.3.1. Under the age of 18 years. 3.3.2. Falsification of material information on application for Taxicab Business Permit within the past one (1) year. 3.3.3. Registered sex offender pursuant to Califomia Penal Code Section: 290. 3.3.4. On formal probation or parole for any offense outlined in Section 3.3 of these regulations. 3.3.5. Conviction (or plea of 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, 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 taxi owner. 3.3.6. Conviction (or plea of guilty or nolo contendere) in any state for a felony other than those listed in the previous section within eight (8) years of application. 3.3.7. Any conviction within five (5) years of application (or plea of guilty or polo contendere) in any state or 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 Taxicab Business Perrhit under these regulations. 3.4. At the time the Taxicab Business Permit application is submitted, applicant shall provide to OCTAP a list of drivers authorized to operate the vehicles identified in the Taxicab Business Permit. 3.4.1. Permittee shall provide OCTAP with notice by fax within 72 hours in the event that any driver listed in the Taxicab Business Permit is no longer authorized to operate a vehicle identified in the Taxicab Business Permit. 3.5. Upon company's successful satisfaction of the conditions listed above, company shall be issued an OCT/P Taxicab Business Permit. 7►rasdutioNoctnpreyl9►'2519- 2 3.6. Once OCTAP issues a Taxicab Business Permit, the company must then be authorized by the City and paid any applicable business license tax before operating in the City. 3.7. A Permittee may add additional drivers to its list of drivers authorized to operate the vehicles identified in the Taxicab Business Permit, provided that: 3.7.1. Permittee has 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 or the company; and 3.7.2. Ahe driver to be added has been issued a Driver's Permit by OCTAP which states the driver is affiliated with the Permittee and identified as either an employee or leased driver. 3.8. The Taxicab Business Permit is valid for one (1) year from the date of its issuance unless sooner suspended or revoked. 3.9. At least thirty (30) days prior to expiration of the Taxicab Business Permit, the Permittee should submit an application for renewal of its Taxicab Business Permit pursuant to Section 3 of these regulations. 3.10. A Taxicab Business Permit may be suspended or revoked by the OCTAP Administrator for the following reasons: 3.10.1.Providing false or inaccurate information in the Taxicab Business Permit application. 3.10.2.Allowing operation of a taxicab by a person not in possession of a valid Driver's Permit stating that the driver is affiliated with the company; or 3.10.3.Failure to comply with the applicable provisions of these regulations; or 3.10.4.Failure of authorized drivers to comply with the applicable provisions of these regulations; or 3.10.5.Operation of any taxicab at a rate of fare other than those fares adopted by the City; or 3.10.6.Failure to cooperate with local agency law enforcement, code enforcement officers, anchor OCTAP Administrator. 3.11. In !ieu of revocation or suspension, the OCTAP Administrator may impose a fine, or a fine and a period of suspension. 312. A Taxicab Business Permit applicant may appeal a permit denial, suspension or revocation in accordance with the appeal provisions set by OCTAP. 4. VEHICLE INSPECTIONS 4.1. Upon issuance of a Taxicab Business Permit, and prior to operating, Permittee shall bring each vehicle listed in the Permit to the OCTAP facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle inspections at the operator's facility. 4.2. Upon meeting all requirements and passing the vehicle inspection, OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for each approved vehicle. The Taxicab Business Permit sticker shall immediately be affixed to the left-hand comer of the rear windshield of the vehicle for which the sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year. 4.3. Vehicles that fail a vehicle inspection shall pay the re-inspection fee and be presented for re-inspection after the identified corrections have been made. If such corrections have been made and if the vehicle otherwise complies with these vehicle inspection standards, a Taxicab Vehicle Permit shall be issued. 4.4. In addition to the initial and annual vehicle inspection, all taxicabs operated under OCTAP shall submit to on-the-road or random inspections by OCTAP inspectors or 7/reSdUi wvoctweg&25197 3 authorized city peace officers and code enforcement officials when requested. Failure to submit to an inspection may result in revocation of the Taxicab Vehicle Permit. The OCTAP inspector shall complete an inspection report at the time of inspection which shall indicate, in the opinion of the OCTAP inspector, what repairs, if any, need to be made to the vehicle. One copy of the report shall be given to the driver. OCTAP shall mail a copy of the report to the company to whom the vehicle is registered. 4.4.1. If the inspection report indicates the need for repairs to a vehicle, the company is required to bring the vehicle to OCTAP for re-inspection within the time frame provided in the report to verify that the required repairs have been made. A re-inspection fee shall be required at time of re-inspection. 4.4.2. In the event that repairs have not been made to a vehicle within the time frame provided for in the report, the Taxicab Vehicle Permit sticker shall be revoked until corrections have been made to the satisfaction of OCTAP. 4.5. Permittee may replace any of the vehicles listed in the Taxicab Business Permit with another vehicle upon satisfaction of the following conditions: 4.5.1. Svrrender of the vehicle to be replaced to OCTAP for removal of the Taxicab Vehicle Permit sticker, 4.5.2. :;uccessful passing of a vehicle inspection by the replacement vehicle; and 4.5.3. payment of Taxicab Vehicle Permit transfer fee. 4.5.4. Upon satisfaction of the conditions stated above, OCTAP shall delete the vehicle identification number of the vehicle to be replaced in the Taxicab Business Permit and add the vehicle identification number of the replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for the replacement vehicle which shall be valid for the term remaining under the Taxicab Vehicle Permit sticker of the replaced vehicle. 4.6. The Taxicab Business Permit shall be renewed annually Dy bringing each vehicle listed in the permit application to the OCTAP facility for a vehicle inspection and paying all applicable fees. OCTAP may, at its discretion, conduct vehicle inspections at the operator's facility. 4.7. Upon the successful completion of the vehicle inspection, OCTAP shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for each of the vehicles registered in the Taxicab Business Permit. 5. DRIVER'S PERMITS 5.1. No person shall drive a taxicab within an OCTAP city without having first obtained either a temporary or a permanent Driver's Permit from OCTAP. 5.2. A temporary Driver's Permit may be obtained from OCTAP, provided that, the prospective driver has satisfied the following conditions: " 5.2.1. submitted a completed Driver's Permit application; 5.2.2. submitted the Driver's Permit application fee; 5.2.3. presented a valid California Driver's License; 5.2.4. . submitted two current 2" x 2" professional quality color photos (passport photos) of the applicant; 5.2.5. submitted an Intent to Hire/intent to Lease a Taxicab form signed by the company for whom the applicant intends to drive a taxicab; 5.2.6. successfully passed a drug and alcohol screening test within the previous 30 days in compliance with California Goverment Code Section 53075.5 (b) (3); 5.2.7. submitted to fingerprinting by the Orange County Sheriff's Department; 5.2.8. successfully cleared a local background check; and 7heWUt*#VodapmW9r25197 4 5.2.9. submitted payment of all applicable fees, including the background check fee and Driver's Permit application fee. 5.3. The temporary Driver's Permit shall be valid for 90 days and shall be replaced by a permanent Driver's Permit within such 90 days unless extended by OCTAP for a specified period. 5.4. A permanent Driver's Permit shall be issued once the applicant has successfully cleared a State Department of Justice background check. 5.S. A permanent Driver's Permit is valid one (1) year from the date the temporary Permit was issued, unless sooner suspended, revoked or otherwise terminated. 5.6. A driver who has been issued an OCTAP Driver's Permit may only pick up passengers in those cities which have authorized the company he/she represents. 5.7. At least ten (10) working days prior to expiration of the Driver's Permit, the driver should re-apply for a Driver's Permit pursuant to Section 5 of these regulations. 5.8. All Driver's Permits issued.by OCTAP, including temporary Driver's Permits, shall be valid only for the driver's operation of a taxicab for the company. indicated on the Driver's Permit. No driver may operate a taxicab for a company other than the company listed on the Driver's Permit. 5.9. A replacement Driver's Permit may be obtained from OCTAP, provided that the driver has satisfied the following conditions: 5.9.1. Submitted a replacement Driver's Permit form along with the Driver's Permit replacement fee; and 5.9.2. provided one current 2" x 2" professional quality color photo (passport photo). 5.10. The replacement Drivers Permit shall expire on the same date as the replaced Permit. 5.11. A Driver's Permit applicant may appeal a permit denial in accordance with the appeal provisions set by OCTAP. 5.12. A Driver's Permit shall be denied if applicant meets any of the following grounds for denial: 5.12.1.Under the age of 18 years. 5.12.2.Does not possess a valid California Driver's License (Class C). 5.12.3.Falsification of material information on application for Driver's Permit within the past one (1) year. 5.12.4.Required to register as a sex offender pursuant to California Penal Code Section 290. 5.12.5.On formal probation or parole for any offense outlined in Section 5.11 of these regulations. 5.12.$.Any conviction (or plea of guilty or nolo contendere) 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; 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 responsibilihis of a taxi driver. 5.12.7.Ccnviction of a felony other than those listed in the previous section within eight(8) years of application. 7ImsoKA&VoctWeWW25?97 5 5.12.8.Conviction of any of the following within five (5) years of application: reckless driving; driving under the influence of intoxicating liquors or drugs; a violation of California Vehicle Code Section 2800.1 (pertaining to flight from peace officer); Section 20002 (pertaining to duty whers property damaged). Section 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; assault; or battery. 5.13. -A Driver's Permit may be suspended or revoked by the OCTAP Administrator for the following reasons: 5.13.1.Failure to comply with the applicable provisions of these regulations; 5.13.2.Revocation or suspension of Permittee's California Driver's License; 5.13.3.Failure to cooperate with local agency law enforcement, code enforcement officers and/or OCTAP Administrator; 5.13.4.Notification to OCTAP by the taxicab company that the Permittee is no longer an authorized driver, or 5.13.5.Circumstances furnishing grounds for the denial or refusal to renew the Driver's Permit as outlined in these regulations. 5.14. In lieu of revocation or suspension, the OCTAP Administrator may impose a fine, or a fine and a period of suspension. 6. VEHICLE INSPECTION STANDARDS 6.1. The minimum vehicle standards are those of the California Vehicle Code (CVC). All taxicab shall meet all applicable standards of the California Vehicle Code as well as the following in order to pass the OCTAP vehicle inspection. 6.1.1. Body Condition 6.1.1.1.No body damage, tears or rust holes in the vehicle body and/or loose pieces handing from the vehicle body are permitted. Front and rear fenders, bumpers and light trim shall be securely fixed to the vehicle. 6.1.1.2.The exterior of the vehicle shall be maintained in a reasonably clean condition. 6.1.2. Brake System 6.1.2.1.Per CVC 26453, 6.1.3. Defroster Operation 6.1.3.1.Per CVC 26712. 6.1.4. Exhaust System 6.1.4.1.Per CVC 27153. 6.1.5. Fuel Tank Cap 6.1.5.1.Per CVC 27155. 6.1.6. Horn 6.1.6.1.Per CVC 27000. 6.1.7. Hubcaps 6.1.7.1.Hubcaps or wheel covers shall be on all wheels for which hubcaps are standard equipment. 6.1.8. Interior Condition 6.1.8.1.Passenger compartment, driver compartment, and trunk or luggage area shall be clean and free of foreign matter, offensive odors and litter. 6.1.8.2.Seat upholstery shall be clean. Interior walls 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. 6.1.8.3.Door handles and doors shall be intact, clean and operational. 7lreWutwWoctapre9t9r25M7 6 • i 6.1.9. Interior Information 6.1.9.1.A 4" x 6" information card shall be displayed in plain view of all passengers at all times that a taxicab is in operation. 6.1.9.2.The information card shall contain the following information on the permit holder company name, business address and telephone number, and rate schedule approved by the City. 6.1.9.3.The valid Drivers Permit issued to the operating driver shall be in. plain view of all passengers at all times that the taxicab is in operation. 6.1.10. License Plates 6.1.10.1.Per CVC 5202. 6.1.11. Lights 6.:.11.1.Headlights shall be operational on both high and low beams (CVC 24400). 6.1 A 1.2.Tail lights shall be operational (CVC 24600). 6.11.11.3.Emergency flashers shall be operational (CVC 24252). 6.1.11.4.Reverse lights shall be operational (CVC 24606(a)). 6.1.11.5.Tum signal lights shall be operational (CVC 24951(b)(1)). 6.1.11.6.Brake lights shall be operational (CVC 24603(b)). 6.1.11.7.1-icense plate light shall be operational (CVC 24601). 6.1.11.8.interior lights shall be operational. 6.1.12.Markings 6.1.12.1.Exterior markings shall consist of 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). 6.1.12.2.Company name shall be placed on each side of vehicle in letters not less than 3 inches in height (in contrasting colors). 6.1.12.3.Vehicle number shall be placed on each side and rear of vehicle in numbers not less than 4 inches in height. 6.1.13.Mirrors 6.1.13.1.Per CVC 268709. 6.1.14.Muffler 6.'.14.1.Per CVC 27150(a)_ 6.1.15.Parking Brake 6.1.15.1.Per CVC 26451. 6.1.16.Proof of Insurance 6.1.16.1.Per CVC 16020/16028. 6.1.17.Radio 6.1.17.1.Vehicle shall be equipped with a two-way radio in working order. 6A A 8.Seat Belts 6.1.18.1.Per CVC 27315. 6A.19.Steering and Suspension System 6.1.19.1.Vehicle's steering and suspension system shall be in good mechanical order. (CVC 24002(a)(b)). 6.1.20.Taximeter and Meter Seals 6.1.20.1.All vehicles shall have a taximeter in working order. 6.,.20.2.All taximeters shall have an intact meter seal. 6.1.20.3.Taximeters shall be certified by the County Sealer of Weights and Measures. The data on the seal shall not be more than 13 months old. 7/rnoMionroctapraSysi 2&S7 7 • i 6.1.20.4.The 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. 6.1.20.5.A vehicle shall be placed out of service if the meter is not working, the lead seal is broken, or the approved rate of fare is not being charged. 6.1.21.T:res 6.1.21.1.Per CVC 27465(b). 6.1.21.2.Every vehicle shall be equipped with a jack, fire changing tool, and an inflated spare tire. A company may be exempted from this requirement upon proof the company has a contract with a towing company and a policy in place to send another taxicab vehicle for the stranded passengers. 6.1.22.Windows 6.1.22.1.Rear windshield per CVC 26710. 6.1.22.2.Safety glass shall be in all windows. 6.1.23.Windshield Wipers 6.1.23.1.Per CVC 26707. 7. APPEALS 7.1. Appeal Procedure for Denial, Suspension or Revocation of Permit or Related Adverse Action 7.1.1. In the event a Permit is proposed to be denied, suspended or revoked, the applicant/Permitee shall be notified in writing of the proposed adverse action and reason(s) therefor. 7.1.2. Within ten (10) days of the date of the notice of proposed adverse action, the-applicantlPe mites shall submit a written appeal on a form provided by OCTAP. The Permittee shall set forth in the appeal the reasons why such action is not proper. Failure to file such an appeal within the time frame indicated shall constitute a waiver of the right to an appeal- and the propcsed adverse action shall become final and any permit surrendered immediately. 7.1.3. Except as provided in Section 1.1.4, once an appeal is filed, the adverse action shall be stayed pending the final determination of the administrative appeal. 7.1.4. If, in the OCTAP Administrator's opinion, the continugd operation of a taxicab vehicle or possession of a Driver's Permit represents an unsafe condition for the public, the adverse action shall not be stayed. 7.1.5. if an appeal is timely filed, the OCTAP Administrator shall review the appeal, and based on additional information provided therein, may revise his findings and penalty in accordance with the additional information provided. In the alternative, the OCTAP Administrator may cause the appeal to be assigned to a Hearing Officer. 7.1.6. The appellant and the OCTAP Administrator or designee shall each have the right to appear in parson and be represented by legal counsel or other representative, to present evidence, to tail and cross-examine witnesses under oath, and to present argument. 7.2. Appeal Procedure for Suspension or Revocation of Permit 7.2.1. In the event a permit is proposed to be suspended or revoked, the Permittee shall be notified in writing of the proposed action and reason(s) therefor. 7.2.2. Within ten (10) days of the date of the notice of proposed adverse action, the Permittee shall submit a written appeal on a form provided by OCTAP. Failure to file such an appeal within the time frame indicated shall constitute waiver of the right to an appeal and the proposed action shall become final. 7lrewl4tiorVoctapre019125197 B ! i 7.2.3. ;f an appeal is timely filed, the OCTAP Administrator shall review the appeal, and based on additional information provided therein, may revise his findings and penalty in accordance with the additional information provided, or cause the appeal to be assigned to a Hearing Officer. 7.2.3.1.The OCTAP Administrator shall maintain a list of qualified Hearing Officers, who shall not be employees of OCTA, and shall regularly rotate assignments based on availability of the proposed Hearing Officers. 7.2.3.2.The Hearing Officer shall expeditiously schedule the appeal hearing. 7.2.4. The appellant and the OCTAP Administrator or designate 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. 7.2.4.1.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. 7.2.4.2.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. 7.2.5. The OCTAP Administrator shall promulgate supplementary rules and procedures.for We conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. 7.2.8. The decision of the Hearing Officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. 7.2.7. If the Hearing Officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to the OCTAP Administrator. a. REFUND POLICY 8.1. There shall be no refunds of any portion of the fees described in these regulations. 9. REFUND POLICY OCTAP is authorized to make administrative changes to these regulations upon written notification to the City. ilreWutiaVodapre919r2&9 9 ATTACHMENT #4 ORANGE COUNTY TAXI ADMINISTRA77ON PROGRAM (OCTAP) INTER-AGENCY AGREEMENT 1. The City of Huntz�Ql (City) and the Orange County Transportation Authority(OCTA) agree to: A Participate in the Orange County Taxi Administration Program (OCTAP) with the goat of increasing public safety, reducing administrative costs, and expanding the provision of private transportation service in Orange County. B. Mutually adopt OCTAP Rules (attached) to govem the administration of taxi service within participating jurisdictions. II. The City agrees to: A Participate as member of OCTAP effective July 1, 1997 and continue until terminated by a one year written notice. B. Appoint City Manager or his/her designee to be member of the OCTAP Steering Committee and City Police Chief or his/her designee to serve on OCTAP Public Safety Committee. C. Adopt and enforce a city taxi cab ordinance consistent with OCTAP Rules, and use such ordinance and any applicable state laws as the exclusive method of regulating taxi cabs within the city. D. Enforce and if necessary prosecute all violations of city taxi ordinance and OCTAP Rules occurring within the City. Ill. The OCTA agrees to A. Provide staff and administrative services necessary to implement the OCTAP rules and enforce administrative violations. B. Collect license and permit fees to offset administrative costs. C. Provide city with 12 months written notice prior to withdrawing from OCTAP. Signed/dated: 11/17/97 for city OCTA Chief Executive Officer .Mayor: APPROVED AS TO FORM. Ralph Bauer GAIL HUTTON Attest: City - _ c�f�-�..._ Clerk. Connie Brockway � CITY A�TOrI;EY Depu y City Attorney 2J2V97 ATTACHMENT # Sj, ORANGE COUNTY TAXI ADMINISTRATION PROGRAM(OCTAP) RULES t. Scope. A OCTAP is a voluntary association of Orange County cities which have delegated the issuance of taxicab vehicle licenses and driver permits and other administrative functions to the OCTA. Each city will retain all authority and responsibility for taxicab regulation and enforcement within its borders. 1. As used in these Rules, the term Taxi includes those services defined in Government Code section 53075.5 and regulated by municipal agencies in California. B. The objective of OCTAP is to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. C. Each city will select the company(ies) authorized to operate within that city, and will determine the boundaries of service those companies may serve. II. Administration: A A Taxicab Administrator, an employee of OCTA, will manage all OCTA responsibilities required to administer OCTAP activities. B. An OCTAP Steering Committee will meet quarterly to advise OCTA on policy issues. The Committee includes the City Manager or his/her designee from each participating city, one representative of licensed taxicab companies chosen by all licensed taxicab companies, and one representative chosen by all of the Chambers of Commerce of participating cities. C. An OCTAP Safety Committee will meet quarterly to advise OCTA and the OCTAP Steering Committee on issues of public safety. The Committee will include the Police Chief or his designee from each participating city. Ill_ Authorized taxicab companies/operators A. The OCTAP Steering Committee will adopt policies and procedures governing the issuance of operating licenses to taxi companies. 2/27197 • • B. OCTA will review applications for service, conduct background and insurance reviews, and issue a license to approved companies. Such license may be revoked only by OCTA, with appeal to the OCTAP Steering Committee or other appeals process adopted by the Committee. C. Each participating OCTAP city will authorize some or all of the licensed taxi companies to operate within their city and will notify the OCTA of those approved companies. No other companies or individuals may provide taxi service within the city. IV. Authorized Taxicab Vehicles A_ Only taxicab vehicles approved by OCTAP may operate within an OCTAP city. B. The OCTAP Steering Committee will develop policies and procedures for the licensing of taxicabs, including provisions for periodic vehicle inspections. C. Each city will determine the number of taxicabs authorized to operate within the city. D. Each city will enforce the OCTAP licensing requirements, prosecute violators, and notify OCTA of such occurrences. V. Authorized Taxicab Drivers A. The OCTAP Steering Committee will develop policies and procedures for the permitting of taxicab drivers, including provisions for background checks and other requirements adopted by OCTAP. The development of these policies will be based on recommendations of the OCTAP Safety Committee. B. OCTA will issue taxi driver permits for all participating OCTAP cities. Only taxicab drivers permitted by OCTA may operate within an OCTAP city. C. Revocations and denials of driver permits may be appealed to the OCTAP Steering Committee or an appeals process approved by the Committee. D. Each city will enforce the OCTAP permitting requirements and will promptly notify OCTA of violations 2127197 VI. Public complaints A Each participating OCTAP city will notify OCTA about public complaints regarding taxicab companies, vehicles, and drivers within its jurisdiction. VI I. OCTAP license and permit fees A A fee schedule for OCTAP functions will be proposed by the OCTAP Administrator, reviewed by the OCTAP Steering Committee, and approved by the OCTA Board of Directors. Each city taxi ordinance shall provide that payment of OCTAP fees is required prior to furnishing taxi service. B. The fee schedule is intended to achieve full cost recovery for all costs incurred by OCTA in the administration of OCTAP, and shall not exceed the reasonable approximate cost. All fees will be collected and retained by OCTA unless otherwise authorized by the OCTAP Steering Committee. C. Changes to the fee schedule must be-approved by the OCTAP Steering Committee and the OCTA Board, with affected operators and drivers notified in advance of such approval. D. OCTA will not collect franchise fees, business license fees, or other fees imposed by-participating cities on taxi operators or drivers. VIII. Taxi fares A Each year the OCTAP Administrator will conduct a study of comparable taxicab fares and recommend a fare schedule to the OCTAP Steering Committee. Each city agrees to adopt the taxicab fare levels approved by the OCTAP Steering Committee. IX. Other responsibilities A All policies, procedures, ordinances, rules, etc. pertaining to taxicab operators, vehicles, drivers, fares, notices, safety, taxicab stands and pickup, hours of operations, and all other functions not specifically provided for in these rules as written or amended, will be the responsibi'ity of each city. X_ Dispute Resolution WNW 3 A. The OCTAP Steering Committee will establish a dispute hearing process so that drivers and operators may appeal license and permit decisions made by the OCTAP Administrator. XI. 'Liability A. OCTA is providing an administrative service-on behalf of each participating city, and is not assuming any liability for the performance of taxicab operators, vehicles, or drivers. B. OCTA is not responsible for the enforcement of city ordinances. XI I. Amendments A. These rules may be amended by a majority vote of the OCTAP Steering Committee and approval of the OCTA Board of Directors. 227,s7 RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE SUBJECT: APPROVE AMENDMENT TO H B.M.C. 5.48 COUNCIL MEETING DATE: 11-03-97 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & le islative draft-if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full b the City Attorney) Not Applicable Subleases, Third Party Agreements, etc- LApproved as to form by City Attome Not Applicable Certificates of Insurance A roved b the City Attorme Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable applicablel Not Applicable Commission, Board or Committee Report if applicable) Not Applicable Finding s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOTNMDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use AUTHOR- R. BARR STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH Indicates Portions Of The Nfeethig Not Included In The Statement Of Action Council Chamber, Civic Center Huntington Beach, California Monday, April 21, 1997 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor-Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5.00 p m in Room B-8. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo ABSENT: None fw1RlRwwwwlww!!■wlww!!a!!!f!lwit!!!wwlwwlwwlwwflwRlwR!!R4lfwwRf wf!!!fR!lRwwwkww RwwRfff 4wRRfw RwR•f RRww RRRw•Rf (City Count l) Cgncentual Aomal Of Orange County Taxi Administration Program - (OQTAP) - Interagency Agreement -Aa r y (600.25) - A motion was made by Garofalo, seconded by Green, to approve in concept the Orange County Taxi Administration Program (OCTAP) Interagency Agreement as prepared by the Orange County Transit Authority. The motion carried by the following roll call vote' AYES. Harman, Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES- None ABSENT None wlww RRwRRwwf w}f4!}RwwRR!!lwR Rf}R!}}wwRwwRRwlR4RlwwlRlfflR Rw!!!RR!!f!1!l1RfflfllRRif!lfflfwflRlfw!!!!f w!!*!!R Mayor Bauer adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. Isl Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 96stact Page 2 -Statement of Action ATTEST: Isl Connie Brockway Isl Ralph Bauer City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange } ss- City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 21st day of April, 1997. Witness my hand and seal of the said City of Huntington Beach this the 24th day of April, 1997. Isl Connie Brockway City Clerk and ex-officio Clerk of the City Council' of the City of Huntington Beach, California By �Z(. Deputy City Clerk 96stact ogq Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved 0 Denied City Clerk's Wature Council Meeting Date: April 21, 1997 Department ID Number: PD97-005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator -- PREPARED BY: RONALD E. LOWENBERG, Chief of Police SUBJECT: APPROVAL OF ORANGE COUNTY TAXI AD MI IST TION PROGRAM (OCTAP) INTER-AGENCY AGREEM Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment{s} Statement of Issue: The Orange County Transit Authority has overseen the development of a County program (Orange County Taxi Administration Program [OCTAP] ) to uniformly administer the licensing and regulation of Taxi operations throughout Orange County. The Police Department and City Administration have approved the plan in concept. Council approval of the proposed f City/Orange County Transit Authority Agreement is required if we are to proceed toward formal participation in the program. Funding Source: NIA Recommended Action: Approve in concept the attached agreement for the Orange County Taxi Administrative Program as prepared by the Orange County Transit Authority. Alternative Actionfsl: Do not approve the agreement and continue City regulation of Taxicabs. REQUEST FORIOUNCIUREDEVELOPMENTIGENCY ACTION MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: PD97-005 Analysis: The OCTA is proposing the formation of a county-wide Authority (The Orange County Taxi Administration Program) which is a voluntary association of Orange County cities which will delegate the issuance of taxicab vehicle licenses and driver permits and other administrative functions to the OCTA. If approved by a sufficient number of cities, the Taxi Administration Program will provide uniformity and increased efficiencies to cities in the licensing and regulations of taxicabs and drivers. Currently taxicabs and drivers are licensed by the Police Department prior to doing business in Huntington Beach. A Traffic Accident Investigator spends a minimum of 20 hours per year on the processing of taxicab driver licenses. Given the officer's salary versus the fees paid the City for taxi permits, the net income to the City in Taxi revenue totals approximately $80 annually. Opting to participate in the Taxi Administration Program will be in the best interests of our community, as it will eliminate a time consuming, often cumbersome task while freeing the police officer to concentrate full time on his primary function of Accident Investigation. It is the opinion of the Police Department that the City of Huntington Beach should agree to participate in the Orange County Taxi Administration. The final agreement will be approved as to form by the City Attorney and brought to the City Council for authorization for the Mayor and City Clerk to execute once it has been finalized by the OCTA. Environmental Status: NIA Attachmentfsl: I. Letter from Rich Barnard to the OCTA 2.. Letter of request from OCTA to City Administrator Michael Uberuaga 3. OCTAP Inter-Agency Agreement 4. OCTAP Rules 5. Police Department Staff Memo City Clerk's Page Number RCA_TAXI.DOC -2- 04/15/97 9:02 AM ATTAC H M E N T # 1 • 1� City of Huntington Beach "M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR March 28, 1997 Orange County Transportation Authority 550 South Main Street Orange, California 92863-1584 Attn : Dave Elbaum Dear Mr. Eibaum, Re: Orange County Taxi Administration program (OCTAP) Huntington Beach City Administration and the Police Department has reviewed the proposed Orange County Taxi Administration Program (OCTAP) and believe that implementation of such a program would make sense and be an improvement over the current system. Your letter of March 4, 1997, indicated that you would need a signed copy of the proposed agreement no later than April 1, 1997. Since this item would need to be presented and approved by the City Council, we are not able to meet your deadline. However, we will present the proposed agreement to the City Council for their consideration at the April 21, 1997 city council meeting with a staff recommendation to enter into the agreement. Thus, it is our intention to participate in the program subject to receiving approval from the City Council. If you have any question regarding the city's participation you can call either Lieutenant Jim Cutshaw, 536-5932 of our Police Department, or myself at 536-5577_ Sin erely 1 Richard Barnard, Deputy City Administrator xc: Michael Uberuaga, City Administrator Ron Lowenberg, Police Chief Lieutenant Jim Cutshaw, Police Department Honorable Mayor and City Council Telephone (714) 536-5202 ATTACHMENT # 2 OCTA March 4, 1997 90ARD OF DIRECTORS RoUgrP. waruumm Michael T. Uberuaga ow°"'an City Administrator Sarah LCas= City of Huntington Beach vice-cnamw P.O. Box 190 wurardwor O Huntington Beach, CA 92648 wedo Tom Day oweaer Subject: Orange County Taxi Administration Program (OCTAP) M PUW0 Dffwor Dear Mr. Uberuaga: .lames W Sdva D'0°r The committee of city and OCTA staff have completed their work on the Orange "'a"es"snu"" County Taxi Administration Program (OCTAP). Attached are the proposed ToWA.Sarre city/OCTA Agreement and OCTAP Rules. Drrecl0r mcpaelW&V Those cities interested in joining OCTAP should have the City Council approve the D`f " Agreement and return a signed copy to OCTA no later than April 1, 1997. Thomas W waWn D2recror The OCTA Board will decide on April 28, 1997 whether to proceed with the Susan Wevow Duerr,, program based on the number of participating cities. The starting date for the Aillurc &own OCTAP program is planned to be July 1, 1997. APtemare Wlrram G_Srener If the program is supported by a sufficient number of cities and OCTA, there will be Alfemale a series of meetings to finalize the rules, procedures, and develop a transition plan. GregoryT-Wnrerbonom It will also be necessary for participating cities to amend their taxi ordinances to Alremaro cross-reference OCTAP (further guidance will be provided to participating cities). The OCTAP program offers efficiencies for cities and the taxi industry, as well as improved public safety and service. Hopefully there is a "critical mass" of cities to justify the program. We especially want to acknowledge the leadership of Allan Roeder and thank the participating staff from many of the cities. If you have any questions or would like a presentation to your Council, please call Dave Elbaum at (714) 560-5745. Sincerely, Stan Oftelie Chief Executive Officer c: OCTA Board of Directors Orange County Transporlalron Aulhonry 550 Sourh Main Street i P 0 Box 14 18-1:Orange/California 92863-r 58s/(71 a)560-OCTA(6282) ATTACHMENT 3 i ORANGE COUNTY TAXI ADMINISTRATION PROGRAM(OCTAP) INTER-AGENCY AGREEMENT I. The City of (City) and the Orange County Transportation Authority (OCTA) agree to: A. Participate in the Orange County Taxi Administration Program (OCTAP)with the goal of increasing public safety, reducing administrative costs, and expanding the provision of private transportation service in Orange County. B. Mutually adopt OCTAP Rules (attached) to govern the administration of taxi service within participating jurisdictions. II. The City agrees to: A. Participate as member of OCTAP effective July 1, 1997 and continue until terminated by a one year written notice. B. Appoint City Manager or his/her designee to be member of the OCTAP Steering Committee and City Police Chief or his/her designee to serve on OCTAP Public Safety Committee. C. Adopt and enforce a city taxi cab ordinance consistent with OCTAP Rules, and use such ordinance and any applicable state laws as the exclusive method of regulating taxi cabs within the city. D. Enforce and if necessary prosecute all violations of city taxi ordinance and OCTAP Rules occurring within the City. 111. The OCTA agrees to : A. Provide staff and administrative services necessary to implement the OCTAP rules and enforce administrative violations. B. Collect license and permit fees to offset administrative costs. C. Provide city with 12 months written notice prior to withdrawing from OCTAP. Signed/dated: for city OCTA Chief Executive Officer 2rz»r ATTACHMENT y 0 7DRPsi---T ORANGE COUNTY TAXI ADMINISTRATION PROGRAM(OCTAP) RULES 1. She_ A. OCTAP is a voluntary association of Orange County cities which have delegated the issuance of taxicab vehicle licenses and driver permits and other administrative functions to the OCTA. Each city will retain all authority and responsibility for taxicab regulation and enforcement within its borders. 1. As used in these Rules, the term Taxi includes those services defined in Government Code section 53075.5 and regulated by municipal agencies in California. B. The objective of OCTAP is to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. C. Each city will select the company(ies) authorized to operate within that city, and will determine the boundaries of service those companies may serve. 11. Administration: A. A Taxicab Administrator, an employee of OCTA, will manage all OCTA responsibilities required to administer OCTAP activities. B. An OCTAP Steering Committee will meet quarterly to advise OCTA on policy issues. The Committee includes the City Manager or his/her designee from each participating city, one representative of licensed taxicab companies chosen by all licensed taxicab companies, and one representative chosen by all of the Chambers of Commerce of participating cities. C. An OCTAP Safety Committee will meet quarterly to advise OCTA and the OCTAP Steering Committee on issues of public safety. The Committee will include the Police Chief or his designee from each participating city. 111. Authorized taxicab companies/operators A. The OCTAP Steering Committee will adopt policies and procedures governing the issuance of operating licenses to taxi companies. M7197 B. OCTA will review applications for service, conduct background and insurance reviews, and issue a license to approved companies. Such license may be revoked only by OCTA, with appeal to the OCTAP Steering Committee or other appeals process adopted by the Committee. C. Each participating OCTAP city will authorize some or all of the licensed taxi companies to operate within their city and will notify the OCTA of those approved companies. No other companies or individuals may provide taxi service within the city. IV. Authorized Taxicab Vehicles A Only taxicab vehicles approved by OCTAP may operate within an OCTAP city. B. The OCTAP Steering Committee will develop policies and procedures for the licensing of taxicabs, including provisions for periodic vehicle inspections. C. Each city will determine the number of taxicabs authorized to operate within the city. D. Each city will enforce the OCTAP licensing requirements, prosecute violators, and notify OCTA of such occurrences. V. Authorized Taxicab Drivers A. The OCTAP Steering Committee will develop policies and procedures for the permitting of taxicab drivers, including provisions for background checks and other requirements adopted by OCTAP. The development of these policies will be based on recommendations of the OCTAP Safety Committee. B. OCTA will issue taxi driver permits for all participating OCTAP cities. Only taxicab drivers permitted by OCTA may operate within an OCTAP city. C. Revocations and denials of driver permits may be appealed to the OCTAP Steering Committee or an appeals process approved by the Committee. D. Each city will enforce the OCTAP permitting requirements and will promptly notify OCTA of violations. 227/97 VI. Public complaints A Each participating OCTAP city will notify OCTA about public complaints regarding taxicab companies, vehicles, and drivers within its jurisdiction. VI I. OCTAP license and permit fees A A fee schedule for OCTAP functions will be proposed by the OCTAP Administrator, reviewed by the OCTAP Steering Committee, and approved by the OCTA Board of Directors. Each city taxi ordinance shall provide that payment of OCTAP fees is required prior to furnishing taxi service. B. The fee schedule is intended to achieve full cost recovery for all costs incurred by OCTA in the administration of OCTAP, and shall not exceed the reasonable approximate cost. All fees will'be collected and retained by OCTA unless otherwise authorized by the OCTAP Steering Committee. C. Changes to the fee schedule must be approved by the OCTAP Steering Committee and the OCTA Board, with affected operators and drivers notified in advance of such approval. D. OCTA will not collect franchise fees, business license fees, or other fees imposed by participating cities on taxi operators or drivers. VIII. Taxi fares A Each year the OCTAP Administrator will conduct a study of comparable taxicab fares and recommend a fare schedule to the OCTAP Steering Committee. Each city agrees to adopt the taxicab fare levels approved by the OCTAP Steering Committee. IX. Other responsibilities A. All policies, procedures, ordinances, rules, etc. pertaining to taxicab operators, vehicles, drivers, fares, notices, safety, taxicab stands and pickup, hours of operations, and all other functions not specifically provided for in these rules as written or amended, will be the responsibility of each city. X. Dispute Resolution 2f271s7 A. The OCTAP Steering Committee will establish a dispute hearing process so that drivers and operators may appeal license and permit decisions made by the OCTAP Administrator. I I XI. Liability A. OCTA is providing an administrative service on behalf of each participating city, and is not assuming any liability for the performance of taxicab operators, vehicles, or drivers. B. OCTA is not responsible for the enforcement of city ordinances. XII. Amendments A. These rules may be amended by a majority vote of the OCTAP Steering Committee and approval of the OCTA Board of Directors. I 2/27/97 J • s ATTACHMENT 5 t'I �� fe CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MWTINGTON BEACH R 4 lk_p TO: CHIEF LOWENBERG �� via Lt. CUTSHAW R 2 4 1997 FROM: Sgt. C. BRYANT SUBJECT: Licensing of Taxi Cab Drivers DATE: 03-19-97 In researching our current policy I found the following: • Licensing fee for a new cab driver is $45.00 • Renewal fee for a cab driver is $15.00 • We license approximately 40 drivers per year 0 The officer that processes the applications for the police department estimates that approximately 80% of the applications are forrenewal. This would generate about $840 per year in application fees to the city. Currently a driver requesting a license or renewal first goes to the City Clerks Office to deposit ° the fees and obtain the proper forms. The forms are then returned to Traffic Bureau for a background check. One of our,inside Accident Investigators has been assigned to process the forms and complete the investigation. He estimates that if all of the forms are in proper order this takes an average of 30 minutes for each applicant. This would total approximately 20 hours per year spent on the processing of Taxi Cab Driver licenses. This 20 hours takes time away from his other duties such as completing court packages for investigations from fatal traffic collisions, processing of the DUI billing, inspection of vehicles from fatal and other serious accidents to name a few. Total compensation for a Senior Officer is 38.03 per hour. This would total approximately $760.00 per year. With an income of approximately $840.00 per year the net revenue to the city would be near$80.00 per year. In addition, our city does not issue any type of window sticker for posting on the cab that would indicate that the cab and driver are properly licensed for our city. This makes enforcement difficult at best. If a driver wished to operate in other cities he may have to pay additional fees in that city. This could get costly for the driver. If the licensing were to be done on a county wide basis a properly licensed driver would only pay one fee and be able to operate anywhere in the county. This would reduce costs for the drivers. If a door placard or window sticker were issued by the licensing agency, enforcement would be much easier and more uniform throughout the county. It is my opinion that it would be in the best interest of all concerned if we were to relinquish licensing authority to the OCTA.