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TAXICAB REGULATIONS
1. APPLICATION
1.1. These Regulations apply to all Taxicab Businesses that are Substantially Located in the City,
and its affiliated Drivers and Taxicabs.
1.2. These Regulations are supplemental to Chapter 5.17 of the Municipal Code.
2. DEFINITIONS
2.1. “ASE” means the National Institute for Automotive Service Excellence.
2.2. "Advertisement" means the issuance of any card, sign, or device to any person, the causing,
permitting, or allowing the placement of any sign or marking on or in any building or
structure, or in any media form, including newspaper, magazine, radiowave, satellite signal,
or any electronic transmission, or in any directory soliciting Taxicab services subject to these
Regulations.
2.3. “BAR” means the Bureau of Automotive Repair.
2.4. “City” means the City of Newport Beach.
2.5. "DOJ" means the Department of Justice of the United States of America.
2.6. “Driver” means a person who drives or controls the movements of a taxicab.
2.7. "DMV" shall mean the California Department of Motor Vehicles.
2.8. “DOT” shall mean the U.S. Department of Transportation.
2.9. "Municipal Code" means the City of Newport Beach Municipal Code.
2.10. “Owner” means a person who is registered with the DMV as the owner of a vehicle used as
a taxicab, or who has a legal right to possession or control of such vehicle pursuant to a lease
or other agreement. The act of any driver of a vehicle used as a taxicab shall be deemed an
act of the owner.
2.11. “Permittee” means a Person that holds a valid Taxicab Business Permit, and includes its
officers, management, employees, drivers, volunteers, agents, leaseholders, and owner-
operators, jointly and severally.
2.12. “Person” means any natural person, firm, association, organization, partnership, business,
trust, corporation or public entity.
2.13. “Prearranged Trip” means a trip using an online enabled application, dispatch, or Internet
website.
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2.14. "Regulations" means these regulations.
2.15. "Regulatory Authority" means the County of Orange and any city within Orange County
where a taxicab business is substantially located.
2.16. ”Substantially Located” means either of the following: the city or county where a Taxicab
Business is primary located; or, the city or county where the total number of prearranged
and non-prearranged trips that originate account for the largest share of the Taxicab
Business’s total number of trips over the previous calendar year as determined annually.
2.17. “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 California Public
Utilities Commission, a rideshare as defined in Vehicle Code §522, or any other vehicle
operating under the authority of any state agency, including the California Public Utilities
Commission.
2.18. "Taxicab Business" means any enterprise, whether carried on for profit or otherwise, that
operates Taxicabs.
2.19. “Taxicab Business Permit” means a valid permit issued by the City authorizing a Person to
operate a Taxicab Business.
2.20. “Taxicab Driver's Permit” means a valid permit issued by the City authorizing a person to
drive or control the movements of a Taxicab.
2.21. “Taxicab Vehicle Permit” means a valid permit issued by the City authorizing a particular
vehicle to be operated as a Taxicab.
2.22. "Taximeter" means a fully operational device with current and intact seals or technology
approved by the Division of Measurement Standards to calculate fares, including the use of
Global Positioning System metering, that complies with Business and Professions Code
§12500.5 and with all regulations established pursuant to Business and Professions Code
§12107.
3. GENERAL RULES AND REQUIREMENTS
3.1. Permittee. A Permittee shall:
3.1.1. Be responsible for all Taxicabs under its possession, custody control, or driven
on Permittee's behalf or for its benefit;
3.1.2. Be responsible for the acts or omissions of all Drivers while they operate a
Taxicab on Permittee's behalf, under its authority, or for its benefit;
3.1.3. Ensure all Taxicabs are driven only by Persons with a Taxicab Driver's Permit;
3.1.4. Notify the City within two (2) calendar days of an affiliated Driver who becomes
unqualified or unauthorized to drive a Taxicab, or upon termination of
employment or affiliation with a Driver;
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3.1.5. Maintain all programs and requirements for receiving a Taxicab Business Permit;
3.1.6. Verify the continuous enrollment of affiliated Drivers in Permittee's drug and
alcohol testing program and DMV Pull Notice program;
3.1.7. Cooperate fully with City staff and law enforcement;
3.1.8. Notify the City within two (2) calendar days when vehicles are removed from
service and surrender Taxicab Vehicle Permits in accordance with these
Regulations;
3.1.9. Maintain reasonable financial responsibility to conduct Taxicab transportation
services in accordance with these regulations;
3.1.10. Maintain a safety education and training program in effect for all Drivers,
whether employees or contractors;
3.1.11. Maintain a disabled access education and training program to instruct Drivers on
compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.) and amendments thereto, and state disability rights laws,
including making clear that it is illegal to decline to serve a person with a
disability or who has a service animal;
3.1.12. Disclose fares, fees, and rates to the customer on its internet website, mobile
telephone application, or telephone orders and upon request;
3.1.13. Maintain and keep records, logs, or receipts of vehicle maintenance for all
Taxicabs issued a Taxicab Vehicle Permit, showing that the Taxicab is
maintained in accordance with the service standards recommended by the vehicle
manufacturer, and making such records available to the City upon request;
3.1.14. Collect data that demonstrates the total number of prearranged and
nonprearranged trips that originate within a particular local jurisdiction for the
purpose of determining where that taxicab company is substantially located, and
provide that data promptly and in a format acceptable to the City upon request
during regular business hours; and
3.1.15. Ensure compliance of its Taxicab Business with all applicable federal, state, and
local laws, rules and regulations.
3.2. Drivers. A Driver shall:
3.2.1. Be responsible for the operation of a Taxicab under its possession, custody, or
control;
3.2.2. Possess and display at all times while a Taxicab is in operation a valid Taxicab
Driver's Permit issued to that Driver which identifies the Permittee;
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3.2.3. Display its Taxicab Driver's Permit on the passenger side area of the dashboard
of the Taxicab in a manner that is easily viewable from inside or outside of the
Taxicab, except that the Driver’s DMV driver's license number may be covered
by a removable label, if desired;
3.2.4. Affix its Taxicab Driver's Permit to the Taxicab in a way that makes it easily
removable by the Driver to provide to law enforcement or code enforcement upon
request;
3.2.5. Maintain its Taxicab Driver's Permit free from alterations, defacement or
damage, excepting normal wear and tear that does not render it illegible;
3.2.6. Not display another Person’s driver's permit, whether issued by the City or other
Regulatory Authority, nor allow another Person to use their Taxicab Driver's
Permit;
3.2.7. Not operate a Taxicab without a valid Taxicab Vehicle Permit issued for that
Taxicab;
3.2.8. Not operate a Taxicab that does not meet all requirements of these Regulations;
3.2.9. Not carry more passengers in the Taxicab than authorized by the manufacturer’s
recommendations;
3.2.10. Ensure operational seat belts are available for all passengers;
3.2.11. Not leave the Taxicab to solicit passengers;
3.2.12. Maintain the passenger compartment in a clean and sanitary condition;
3.2.13. Not charge fares higher than those disclosed to the customer, and not in
contravention of these Regulations or in an amount that exceeds the maximum
established by the City;
3.2.14. Only carry a passenger to the destination by the most direct and accessible route;
3.2.15. Provide a receipt for the amount charged upon request of the person paying the
fare, which contains the Driver’s name and Taxicab Driver's Permit number,
telephone number, Permittee's name, charge amount, date, and time of
transaction;
3.2.16. Comply with the minimum requirements for the mandatory exchange of
information established in Vehicle Code §16025 in the event of an automobile
accident;
3.2.17. Continuously operate the Taximeter at any time that the Driver is carrying a
customer;
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3.2.18. Cooperate with the Permittee, code enforcement, and law enforcement to ensure
compliance with law, including random testing of Drivers and Taxicab
inspections; and
3.2.19. Operate the Taxicab in accordance with all applicable law, including these
Regulations, and with due regard for the safety, comfort, and convenience of
passengers and the general public.
3.3. Taxicabs. An Owner, Driver, and Permittee shall be jointly and severally responsible to
ensure that a Taxicab:
3.3.1. Displays its Taxicab Vehicle Permit as required by these Regulations at all times
while the Taxicab is being operated;
3.3.2. Meets the requirements of the a Vehicle Code, including, but not limited to,
Vehicle Code §24000, et seq;
3.3.3. Equals or exceed the standards set forth in these Regulations at all times;
3.3.4. Carries at all times evidence of financial responsibility pursuant to Vehicle Code
§§16020 through 16028;
3.3.5. Carries at all times valid and current vehicle registration pursuant to Vehicle
Code §4462, showing that the Taxicab is registered as a commercial vehicle
pursuant to Vehicle Code §260;
3.3.6. Displays the Permittee’s name and logo, if any, in an area visible from the interior
and exterior of the Taxicab at all times while in service and when soliciting
passengers on behalf of Permittee;
3.3.7. Displays the Permittee's name and logo, and the number by which the taxicab is
designated, conspicuously on the outside of each taxicab by print, stamp, or
stencil;
3.3.8. Be equipped to seat no more than eight (8) passengers, excluding the Driver; and
3.3.9. For on-demand (flagged) trips, possess a fully operational Taximeter.
4. FARES
4.1. Maximum Fare. A Permittee may set fares or charge a flat rate for Prearranged Trips. The
metered rates for on-demand (flagged) trips shall not exceed those rates established by
resolution of the City Council.
4.2. Calculating Fares. A Permittee may use any type of device or technology approved by the
Division of Measurement Standards to calculate fares, including the use of Global
Positioning System metering, provided that the device or technology complies with Business
and Professions Code §12500.5, and with all regulations established pursuant to Business
and Professions Code §12107.
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4.3. Disclosure of Fares. A Permittee shall disclose fares, fees, or rates to the customer. A
Permittee may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web
site, mobile telephone application, or telephone orders upon request by the customer.
4.4. Notification of Rate. A Permittee shall ensure the applicable rate is disclosed to a passenger
prior to the passenger accepting a ride for walkup rides and street hails. The rate may be
provided on the exterior of the Taxicab, within an application of a mobile telephone, device,
or other Internet-connected device, or be clearly visible in either print or electronic form
inside the Taxicab.
5. FEES
5.1. Fees. The City shall recover its costs incurred in the administration of these Regulations by
the adoption of a schedule of fees included in the City’s Schedule of Rents, Fines, and Fees.
5.2. Refund Policy. There shall be no refund of any portion of the fees described in these
Regulations.
6. TAXICAB BUSINESS PERMITS
6.1. Permit Required. No Person shall operate a Taxicab Business that is Substantially Located
in the City without having first obtained a Taxicab Business Permit.
6.2. Term. A Taxicab Business Permit shall expire two (2) years from its effective date, unless
renewed or revoked.
6.3. Issuance. A Taxicab Business Permit shall be issued by the City if all of the following
requirements have been satisfied, and none of the grounds for denial apply.
6.3.1. Submission of a complete application package.
6.3.2. Submission of a copy of a drug and alcohol policy that complies with 49 CFR
Part 40 (Section 40.1 et seq.) and Part 382 (Section 382.101 et seq.) and
Government Code §53075.5 for all Drivers and meeting the following
requirements:
6.3.2.1. A contract with a drug and alcohol program administrator and
authorized lab certified by the DOT;
6.3.2.2. Procedures in substantial compliance with Part 40 of Title 49 of the
Code of Federal Regulations, for preemployment or pre-licensing and
licensing renewal;
6.3.2.3. Procedures in substantial compliance with Part 382 of Title 49 of the
Code of Federal Regulations for rehabilitation, return-to-duty and
follow up testing;
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6.3.2.4. Procedures and components for random testing following DOT
guidelines, annual minimum random testing rates, and additional tests
as required following accidents, rehabilitation, return-to-service, and
other circumstances providing reasonable suspicion to test;
6.3.2.5. When requested, random testing reports to be made available to the
City by the program administrator;
6.3.2.6. The applicant’s and program administrator’s records shall be made
available to the City upon request within two (2) calendar days;
6.3.2.7. The test results must be provided to the City by the testing facility;
and
6.3.2.8. Drivers must show a valid California driver license at the time and
place of testing.
6.3.3. Submission of proof of insurance in the type and amounts, including
endorsements and waivers, as may be required by the City’ Risk Management
Department or established by resolution of the City Council, but in no event less
than the minimum coverage required by Government Code §16500, as may be
amended.
6.3.4. Submission of a DMV Pull Notice Program Requester Code Number issued to
applicant, as defined in Vehicle Code §1808.1, continuous enrollment in the Pull
Notice program, and the following:
6.3.4.1. All Drivers must be enrolled in the program within seven (7) calendar
days from inception of the program or date of affiliation;
6.3.4.2. Notify the City upon receipt of a DMV Pull Notice for any Driver that
indicates an action that disqualifies the Driver for a Taxicab Driver's
Permit;
6.3.4.3. Require the Driver to immediately cease operation and surrender their
Taxicab Driver's Permit, and return the Taxicab Driver's Permit to the
City within two (2) calendar days of a DMV Pull Notice receipt; and
6.3.4.4. DMV Pull Notice records shall be made available to the City within
two (2) calendar days of request.
6.3.5. Submission of proof of current DMV registration for each Taxicab listed in the
Taxicab Business Permit application, which complies with the registration
requirements set forth in these Regulations.
6.3.6. Submission of proof of completion of a DOJ background check with Live Scan
fingerprinting at an approved DOJ finger printing agency for each owner, partner,
or principal of the applicant, the results of which shall not contravene the
requirements of these Regulations.
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6.3.7. Submission of proof of enrollment in the DOJ subsequent arrest notification
program.
6.3.8. Submission of a list of all Drivers authorized to operate Permittee's Taxicabs.
6.3.9. Payment of all applicable fees.
6.3.10. Identify the principal place of business from which Taxicab Business is, or will
be, conducted.
6.3.11. There are no grounds for denial of a Taxicab Business Permit as outlined in these
Regulations.
6.4. Denial. A Taxicab Business Permit application shall be denied on any of the grounds set
forth in this section, or for lack of compliance with the conditions for issuance set forth in
these Regulations.
6.4.1. The applicant is less than 18 years of age.
6.4.2. The applicant falsifies material information on its application.
6.4.3. The applicant does not meet the additional eligibility standards in Section 9 of
these Regulations.
6.4.4. The applicant fails to fully satisfy any court judgment entered against it arising
from liability for operating a Taxicab Business, including, but not limited to,
judgments related to collisions or operating without the requisite insurance,
within ten (10) years from the date that the judgment was originally entered
pursuant to Code of Civil Procedure §683.020 and §683.030, or if the judgment
has been renewed, within ten (10) years from the date that the application for
renewal of judgment is filed pursuant to Code of Civil Procedure §683.120.
6.5. Suspension or Revocation.
6.5.1. A Taxicab Business Permit may be suspended or revoked for any of the following
reasons:
6.5.1.1. Providing late, false, or inaccurate information in the application;
6.5.1.2. Allowing operation of a Taxicab by a Person not possessing a valid
Taxicab Driver's Permit;
6.5.1.3. Charging fares at a rate higher than the maximum authorized;
6.5.1.4. Failure to cooperate in good faith with law enforcement officers, code
enforcement officers, or City staff;
6.5.1.5. Failure to maintain insurance as required by these Regulations;
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6.5.1.6. Failure to comply with the drug and alcohol policy required by these
Regulations;
6.5.1.7. Failing to fully satisfy any court judgment entered against the
Permittee arising from liability for operating Taxicabs, including, but
not limited to, judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the
judgment was originally entered pursuant to Code of Civil Procedure
§683.020 and §683.030 or, if the judgment has been renewed, within
ten (10) years from the date that the application for renewal of
judgment is filed pursuant to Code of Civil Procedure §683.120;
6.5.1.8. Circumstances providing grounds for denial of a Taxicab Business
Permit as outlined in these Regulations;
6.5.1.9. Violating Government Code §53075.9 pertaining to advertising; and
6.5.1.10. Failure to comply with these Regulations.
6.5.2. The period of suspension shall be up to six (6) months from the date all operation
of Taxicab Business Substantially Located in the City have ceased in compliance
with the suspension. If the suspended Taxicab Business Permit is allowed to
expire during the term of any suspension without being renewed in accordance
with these Regulations, a Person shall be ineligible to apply for a new Taxicab
Business Permit until the period of suspension has elapsed.
6.5.3. A Person whose Taxicab Business Permit is revoked shall be ineligible to apply
for a Taxicab Business Permit for two (2) years from the date all operations of a
Taxicab Business Substantially Located in the City have ceased in compliance
with the revocation.
6.5.4. It shall be the duty of the Taxicab Business to notify the City when operations
have ceased in compliance with a suspension or revocation, or after the period of
suspension or revocation has elapsed, provide adequate proof to the satisfaction
of the City of the date that operations ceased in compliance with the suspension
or revocation.
7. TAXICAB DRIVER'S PERMITS
7.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that
is Substantially Located in the City unless that person is operating on behalf of a Permittee
and possesses a Taxicab Driver's Permit.
7.2. Term. A Taxicab Driver's Permit shall expire two (2) years from its effective date, unless
renewed or revoked.
7.3. Restrictions. A Taxicab Driver's Permit is only valid for the Driver to operate a Taxicab for
the Permittee indicated on the Taxicab Driver's Permit. Reproduction of a Taxicab Driver's
Permit is strictly prohibited, except that a Permittee may copy a Taxicab Driver's Permit for
recordkeeping purposes. A Taxicab Driver's Permit shall list the name of the Permittee.
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7.4. Issuance. A Taxicab Driver's Permit shall be issued if all of the following requirements have
been satisfied, and none of the grounds for denial apply:
7.4.1. Submission of a complete application, including signature of the Permittee the
Driver is employed, has an offer of employment, or on whose behalf the Driver
intends to operate a Taxicab;
7.4.2. Submission of proof of a valid California driver license (Class C);
7.4.3. Submission of a DMV K4 driver record report, or other equivalent DMV issued
driver record report, which is no older than thirty (30) days prior to submission
of the application for a Taxicab Driver's Permit, showing that the Driver is in
compliance with these Regulations;
7.4.4. A negative drug and alcohol screening test administered by a Permittee’s
program administrator within the previous thirty (30) days in compliance with
Government Code §53075.5(b)(3);
7.4.5. Proof of enrollment in a Permittee's current and active random drug and alcohol
program;
7.4.6. Submission of proof of completion of a DOJ background check with Live Scan
fingerprinting at an approved DOJ finger printing agency, the results of which
shall not contravene the requirements of these Regulations;
7.4.7. Submission of proof of enrollment in the DOJ subsequent arrest notification
program;
7.4.8. Payment of all applicable fees; and
7.4.9. There are no grounds for denial of a Taxicab Driver's Permit as set forth in these
Regulations.
7.5. Denial. A Taxicab Driver’s Permit application shall be denied on any of the grounds set
forth in this section, or for lack of compliance with the conditions for issuance set forth in
these Regulations:
7.5.1. The applicant is less than 18 years of age;
7.5.2. The applicant does not possess a valid Class C California driver license;
7.5.3. The applicant fails to enroll in the required random drug and alcohol program;
7.5.4. The applicant failed a drug and/or alcohol test required by these Regulations
within the prior twelve (12) months;
7.5.5. The applicant falsifies, or fails to disclose, material information on the
application for a Taxicab Driver's Permit;
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7.5.6. The applicant does not meet the additional eligibility standards in Section 9 of
these Regulations; and
7.5.7. A DMV K4 report shows convictions in contravention of these Regulations, or
shows a pattern of reckless or dangerous driving that poses an unreasonable risk
to the health and safety of the public.
7.6. Suspension or Revocation.
7.6.1. A Taxicab Driver's Permit may be suspended or revoked for any of the reasons
set forth below:
7.6.1.1. Revocation or suspension of a California driver license;
7.6.1.2. Notification received by the City that the Driver is no longer an
authorized driver for its designated Permittee;
7.6.1.3. Testing positive on a drug and alcohol screening, or failure to submit
to a random drug and alcohol testing program;
7.6.1.4. Not enrolled or active in the required random drug and alcohol
program;
7.6.1.5. Failure to cooperate with law enforcement officers, code enforcement
officers, or City staff;
7.6.1.6. Circumstances providing grounds for denial of a Taxicab Driver's
Permit as set forth in these Regulations; and
7.6.1.7. Failure to comply with the applicable provisions of these Regulations.
7.6.2. The period of suspension shall be up to six (6) months from the date the Person
has ceased all operations as a Driver for any Permittee in compliance with the
suspension. If the suspended Taxicab Driver’s Permit is allowed to expire during
the term of any suspension without being renewed in accordance with these
Regulations, a Person shall be ineligible to apply for a new Taxicab Driver’s
Permit until the period of suspension has elapsed.
7.6.3. A Person whose Taxicab Driver's Permit is revoked shall be ineligible to apply
for a Taxicab Driver's Permit for two (2) years from the date the Person has
ceased all operations as a Driver for any Permittee in compliance with the
revocation.
7.6.4. It shall be the duty of the Driver or a Permittee to notify the City when the Driver
has ceased operation of any Taxicab for a Permittee that is Substantially Located
in the City in compliance with a suspension or revocation, or after the period of
suspension or revocation has elapsed, provide adequate proof to the satisfaction
of the City of the date that the Driver ceased operation of any Taxicab for a
Permittee that is Substantially Located in the City in compliance with the
suspension or revocation.
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7.7. Transfer.
7.7.1. A Driver may request a transfer of its Taxicab Driver's Permit to a different
Permittee if the following requirements have been met:
7.7.1.1. Submission of the required forms to transfer a Taxicab Driver’s
Permit which have been signed by an authorized representative of the
prospective Permittee;
7.7.1.2. Payment of a Taxicab Driver's Permit transfer fee, if any;
7.7.1.3. Proof of possession of a valid Class C California driver license;
7.7.1.4. Possession of a valid Taxicab Driver's Permit to be transferred; and
7.7.1.5. Proof of verification of enrollment in the prospective Permittee’s
current and active random drug and alcohol program.
7.7.2. A Driver shall not operate a Taxicab on behalf of a different Permittee until the
Taxicab Driver's Permit is transferred to the intended Permittee, the new Taxicab
Driver’s Permit is in possession of the Driver, and the new Taxicab Driver’s
Permit is displayed as required by these Regulations.
7.7.3. Transfer of a Taxicab Driver's Permit shall not extend the term of the permit.
8. TAXICAB VEHICLE PERMITS
8.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that
is Substantially Located in the City without a Taxicab Vehicle Permit.
8.2. Term. A Taxicab Vehicle Permit shall expire one (1) year from its effective date, unless
renewed or revoked.
8.3. Display. A Taxicab Vehicle Permit must be displayed in the left-hand corner of the rear
window of the Taxicab for which the Taxicab Vehicle Permit is issued.
8.4. Non-Transferrable. A Taxicab Vehicle Permit is nontransferable, and shall be issued only
for one vehicle.
8.5. Issuance. A Taxicab Vehicle Permit shall be issued for a vehicle if the following criteria are
met, and none of the grounds for suspension or revocation apply:
8.5.1. The applicant for the Taxicab Vehicle Permit is a Permittee;
8.5.2. Submission of proof that the vehicle passed inspection at an ASE-certified or
BAR-registered facility, no older than thirty (30) days prior to the application,
signed by the inspecting facility, and showing that the vehicle has met all
inspection standards;
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8.5.3. Submission of proof of financial responsibility pursuant to Vehicle Code
§§16020 through 16028 that covers the vehicle; and
8.5.4. The vehicle is not designed or equipped to seat more than eight (8) passengers.
8.6. Suspension or Revocation.
8.6.1. A Taxicab Vehicle Permit may be suspended or revoked for any of the following
reasons:
8.6.1.1. The Vehicle is determined by a law enforcement officer, code
enforcement officer, or qualified City staff not to be in a safe
operating condition, or in compliance with the Vehicle Code;
8.6.1.2. The Vehicle is subject to impound or removal by law enforcement
pursuant to state law;
8.6.1.3. Failure to cooperate with law enforcement officers, code enforcement
officers, or City staff in the inspection of the Vehicle;
8.6.1.4. Failure to provide proof upon request by law enforcement, code
enforcement, or City staff of financial responsibility pursuant to
Vehicle Code §§16020 through 16028 that covers the vehicle; and
8.6.1.5. Failure to comply with the applicable provisions of these Regulations.
8.6.2. The period of suspension shall be until satisfactory proof is presented to the City
that the Taxicab successfully passed a new inspection as required by these
Regulations, and that none of the reasons for suspension exist.
8.6.3. In the event a Taxicab cannot successfully pass inspection or cure any of the
reasons for suspension, then the Taxicab Vehicle Permit shall be permanently
revoked.
9. ADDITIONAL ELIGIBILITY STANDARDS
9.1. A Person shall not be eligible for a Taxicab Business Permit or a Taxicab Driver’s Permit if
the Person is convicted, pleads guilty, or nolo contendere in any state to any of the offenses
listed in this section or their equivalent.
9.1.1. Penal Code. Penal Code violations including homicide, mayhem, kidnapping,
hostages, robbery, attempted murder, assault with intent to commit a felony, false
imprisonment, human trafficking, assault and battery (Pen. Code §§187-248);
rape, abduction, carnal abuse of children, pandering, pimping, and seduction
(Pen. Code §§261-269); child abduction (Pen. Code §§277-280); forgery or
counterfeiting (Pen. Code §§470-483.5); false personation or cheats (Pen. Code
§§528-539); or is required to register as a sex offender (Pen. Code §§290-294).
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9.1.2. Vehicle Code Violations. Vehicle Code violations including disregard for safety
of persons or property (Veh. Code §§2800.2); flight from peace officer causing
death or bodily injury (Veh. Code §2800.3); and violation of the duty to stop at
scene of accident resulting in death or injury (Veh. Code §20001).
9.1.3. Felony Conviction for Controlled Substances. Any felony based on the
manufacture, use, sale, possession, or transportation of controlled substances,
including marijuana (Health & Saf. Code §§11000-11651).
9.1.4. Felony Conviction for Weapon Offenses. Any felony based on the
manufacture, use, sale, possession, or transportation of weapons, firearms or
ammunition.
9.1.5. Other Felony Convictions in the Past Eight Years. Any felony conviction
within the past eight (8) years other than those felonies expressly identified in
this Section 9.
9.1.6. Other Vehicle Code Violations in the Past Five Years: Vehicle Code
violations within the past five (5) years including reckless driving (Veh. Code
§23103); driving under the influence of intoxicating liquors or drugs (Veh. Code
§23152-23229.1); flight from peace officer (Veh. Code §2800.1); violation of
duty to stop at the scene of an accident not resulting in death or injury (Veh. Code
§20001); violation of duty to stop at the scene of an accident where property is
damaged (Veh. Code §20002); and violation of duty to give personal information
when involved in an accident resulting in injury or death (Veh. Code §20003).
9.1.7. Misdemeanor Conviction Relevant to Fitness for a Taxicab Driver’s Permit
or Taxicab Business Permit in the Past Five Years. Any misdemeanor
conviction in the past five (5) years substantially related to the fitness,
qualifications, functions or responsibilities of a Taxicab Driver or Permittee.
10. ADVERTISING
10.1. Permittee. A Permittee shall ensure that its Taxicab Business Permit number is
conspicuously visible in all Advertisements, as required by Government Code §53075.9.
The Taxicab Business Permit number shall be displayed as "Newport Beach Taxicab
Business Permit #XXX” or similar designation as may be issued by the City. Advertisements
must use the Permittee's name as it is listed on its Taxicab Business Permit.
10.2. Driver. Every Driver shall comply with Government Code §53075.9 and include, in every
Advertisement for Taxicab services, the name of the Permittee, the Permittee’s Taxicab
Business Permit number, and the Taxicab Driver's Permit number.
11. PERMITS GENERALLY
11.1. Renewal of Permit.
11.1.1. An application for renewal of a permit subject to these Regulations shall be
submitted to the City at least thirty (30) days prior to the expiration of the permit.
Acceptance of late applications for renewal shall be at the City's discretion.
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11.1.2. A permit that is more than thirty (30) days expired shall be ineligible for renewal.
11.1.3. A permit that is renewed shall continue for an additional period equal to the term
of the original permit, commencing upon the expiration of the immediately
preceding term.
11.1.4. A permit may be renewed if the following conditions are met:
11.1.4.1. Submission of the required forms for renewal of the permit;
11.1.4.2. Payment of fees applicable for renewal, if any;
11.1.4.3. The Person or Vehicle that is the subject of the permit is eligible for
issuance of the permit pursuant to these Regulations;
11.1.4.4. Renewal of a Taxicab Business Permit requires the applicant to
provide documentation of trip data in the format required by the City
reflecting the total number of prearranged and nonprearranged trips,
when each trip took place, and where each trip originated;
11.1.4.5. Renewal of a Taxicab Driver's Permit requires proof that the Person
has passed a drug and alcohol screening within the prior twelve (12)
months, unless the Person has failed a test more recently that the prior
twelve (12) months, in which case proof of passing a drug and alcohol
screening within the prior seven (7) days; and
11.1.4.6. Renewal of a Taxicab Vehicle Permit shall require proof, no older
than thirty (30) days prior to the application, that the vehicle has
passed inspection at an ASE-certified or BAR-registered facility.
11.1.5. A Person may apply for renewal of their permit during the period that it is
suspended. A renewed permit shall not be reinstated or returned to the Person
until the conditions for reinstatement of a suspended permit set forth in these
Regulations has been satisfied.
11.1.6. The term of a suspended or surrendered permit shall not be extended by the
period of suspension or surrender.
11.2. Replacement of Permit. A replacement for a lost or damaged permit issued pursuant to
these Regulations may be obtained from the City upon payment of any applicable fees
established by resolution of the City Council. Issuance of a replacement permit shall not
extend the term of the permit.
11.3. Surrender of Permit. The following permits shall be immediately invalid and shall be
surrendered to the City within two (2) calendar days if any of the following occurs:
11.3.1. A Taxicab Business Permit, Taxicab Driver's Permit, or Taxicab Vehicle Permit
expires, is suspended, or revoked;
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11.3.2. A Taxicab Business Permit, and all affiliated Taxicab Driver's Permits and
Taxicab Vehicle Permits if a Permittee sells, dissolves, or terminates its Taxicab
Business;
11.3.3. A Taxicab Driver's Permit if the Driver's employment or affiliation with a
Permittee terminates and is not transferred pursuant to these Regulations;
11.3.4. A Taxicab Driver's Permit if the Driver becomes ineligible for issuance of a
Taxicab Driver's Permit under these Regulations;
11.3.5. A Taxicab Vehicle Permit if the corresponding Taxicab is permanently removed
from service; and
11.3.6. A Taxicab Vehicle Permit if the corresponding Taxicab has been removed from
the Permittee's approved insurance policy.
11.4. Reinstatement of a Suspended or Surrendered Permit.
11.4.1. A Person whose permit was suspended or surrendered may request return and
reinstatement of the permit for the remaining balance of the unexpired term,
provided that the following conditions have been satisfied:
11.4.1.1. All applicable fines and fees have been paid;
11.4.1.2. All terms and conditions of any administrative or judicial decision
have been fulfilled;
11.4.1.3. Any period of suspension has passed;
11.4.1.4. The Person or Vehicle that is the subject of the permit is eligible to be
issued the permit pursuant to these Regulations; and
11.4.1.5. The permit remains otherwise valid, has not expired, been revoked,
and is not suspended.
11.4.2. The term of a suspended or surrendered permit shall not be extended by the
period of suspension or surrender.
12. REPORTING VIOLATIONS
12.1. Investigation. The City may investigate for violations of these Regulations and take any
appropriate actions necessary to ensure compliance, including but not limited to,
administrative actions, citations, fines, and other remedies for enforcement.
12.2. Reporting Violations. Reports alleging illegal Taxicab operation or violation of these
Regulations shall require all of the following information be provided in order to warrant
investigation by the City:
12.2.1. Date, time and location;
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12.2.2. Description of activity; and
12.2.3. Vehicle’s license plate number, color, make and model, and any distinctive
characteristics.
12.3. Advertising Violations. Reports alleging a violations pertaining to Advertising must
provide a copy or sample of the Advertisement (such as the sign, business card, advertising
display, webpage, electronic recording or phone directory) evidencing non-compliance with
these Regulations or state law.
13. ENFORCEMENT
13.1. Citations. Compliance with the provisions of these Regulations may be secured under the
provisions of Chapter 1.05 of the City of Municipal Code, and the schedule of fines set forth
therein.
13.2. Cumulative. In lieu of, or in addition to, the remedies set forth herein and in Chapter 1.05
of the Municipal Code, the City may suspend or revoke any permit based on the grounds set
forth in these Regulations.
13.3. Not Exclusive. The foregoing remedies shall not be exclusive, but shall be in addition to any
other remedy available to the City at law or in equity.
14. ADMINISTRATIVE APPEALS
14.1. Appeal of Administrative Citation. Appeals of administrative citations issued to enforce
the provisions of these Regulations shall follow the procedures and time limits set forth in
Municipal Code Chapter 1.05, including Section 1.05.030 Service Procedures, Section
1.05.040 Contents of Administrative Citation, Section 1.05.060 Appeal of Administrative
Citation, Section 1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section
1.05.090 Hearing Officer’s Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs
or Fees, and Section 1.05.110 Right to Judicial Review of Hearing Officer’s Decision on
Administrative Citation.
14.2. Appeal of Administrative Decision or Action. Appeals of denials of issuance or renewal
of a permit, or for administrative action to suspend or revoke a permit, shall follow the
procedures and time limits set forth in Municipal Code Chapter 1.05, including Section
1.05.030 Service Procedures, Section 1.05.060 Appeal of Administrative Citation, Section
1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing
Officer’s Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and
Section 1.05.110 Right to Judicial Review of Hearing Officer’s Decision on Administrative
Citation.
14.3. Stay. If an appeal is properly submitted to the City in accordance with City Municipal Code
Chapter 1.05.060, the citation, decision, or action shall be stayed pending the final
determination of the appeal, unless the City notifies the appellant in writing that the action
is not stayed during the appeal because the continued operation of the affected Taxicab,
Driver, or Taxicab Business, as applicable, would pose a risk to the health or safety of the
public.
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15. CONFLICTS
15.1. Severability. If any term or portion of these Regulations is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
these Regulations shall continue in full force and effect.
15.2. California Law. All references to statutes contained in these Regulations refer to the statutes
of the State of California except as otherwise indicated.
16. ADMINISTRATIVE POLICIES AND PROCEDURES
16.1. The City Manager may adopt administrative policies and procedures to supplement and carry
out these Regulations.
History
Adopted F-12 – 11-14-2023