HomeMy WebLinkAbout2009-85 - Taxi Administration Program RegulationsRESOLUTION NO. 2009-85
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, 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 December 8, 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 that the City Council of the City of
Newport Beach hereby ratifies and adopts the revised OCTAP Regulations dated and
-1-
approved by the OCTAP Steering Committee on October 1, 2009, which Regulations
are attached hereto as Attachment A.
Section 2: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the v
ADOPTED this 24th day of November, 2009
ATTEST:
r
Leilani Brown
City Clerk
-2-
Mayor
REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
PROGRAM
Amended Fee Schedule 07/01/2008
Amended Passenger Fares 05124/2008
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.
Basis for Denial ............................................................... ..............................9
5.4.
Company Drivers ............................................................ .............................11
5.5.
New Company Drivers .................................................... .............................11
5.6.
Issuance ......................................................................... .............................11
5.7.
Compliance With Separate Agency Requirements ......... .............................11
5.8.
Term of Company Permit ............................................... .............................11
5.9.
Company Permit renewal ............................................... .............................11
5.10.
Company Permit Suspension / Revocation ...................... .............................12
5.11.
Company Permit Penalties/ Suspensions ........................ .............................13
5.12.
Right to Appeal ............................................................... .............................13
6.
DRIVER PERMITS ................................................................ .............................13
6.1.
Driver Permit Required ................................................... .............................13
6.2.
Driver Permit .................................................................. .............................13
6.3.
Driver Permit Issuance ................................................... .............................14
6.4.
Term of Driver Permit ..................................................... .............................14
6.5.
Compliance with Agency Requirements ......................... .............................14
Page
6.6.
Renewal of Driver Permit ................................................ .............................14
6.7.
Driver Permit limitation......... .......................................................................
14
6.8.
Possession and Display of Driver Permit required ......... .............................14
6.9.
Possession of Another Person's Driver Permit Prohibited ...........................15
6.10.
Replacement Driver Permit ............................................ .............................15
6.11.
Expiration of Replacement Driver Permit ........................ .............................15
6.12.
Driver Permit Transferability to Another Company ......... .............................15
6.13.
Driver Permit Denial ....................................................... .............................16
6.14.
Driver Permit Suspension / Revocation ............................ .............................17
6.15.
Driver Permit Penalty/ Suspension .................................. .............................18
6.16.
Right to Appeal ............................................................... .............................18
6.17.
Driver Permit Surrender .................................................. .............................18
7. TAXICAB PERMITS ............................................................. .............................18
7.1.
Inspection ....................................................................... .............................18
7.2.
Taxicab Permit ............................................................... .............................18
7.3.
Random Inspections ....................................................... .............................19
7.4.
Re- inspection ................................................................. .............................20
7.5.
Taxicab Substitution ....................................................... .............................20
7.6.
Substituted Taxicab Sticker ............................................ .............................20
7.7.
Taxicab Permit Renewal ................................................. .............................20
7.8.
Taxicab Permit Renewal Sticker ..................................... .............................21
7.9.
Taxicab Permit Surrender ............................................... .............................21
8. TAXICAB
INSPECTION STANDARDS ................................ .............................21
8.1.
Minimum Standards ........................................................ .............................21
8.2.
Body Condition ............................................................... .............................22
8.3.
Brake System ................................................................. .............................22
8.4.
Climate Control ............................................................... .............................22
8.5.
Exhaust System .............................................................. .............................22
8.6.
Fuel Tank Cap ................................................................ .............................23
8.7.
Horn .............................................................................. ...............................
23
8.8.
Hubcaps or Wheel Covers ............................................ ...............................
23
8.9.
Interior Condition .......................................................... ...............................
23
8.10.
Interior Information ....................................................... ...............................
23
8.11.
License Plates .............................................................. ...............................
24
8.12.
Lights and Lenses .......................................................... .............................24
8.13.
Markings ......................................................................... .............................25
8.14.
Mirrors ............................................................................ .............................25
8.15.
Muffler ............................................................................ .............................25
8.16.
Parking Brake ................................................................. .............................25
8.17.
Proof of Insurance ........................................................ ...............................
25
8.18.
Radio .............................................................................. .............................25
8.19.
Seat Belts ....................................................................... .............................26
8.20.
Steering and Suspension System ................................... .............................26
8.21.
Taximeter and Meter Seals .......................................... ...............................
26
8.22.
Tires ............................................................................... .............................26
8.23.
Windows ......................................................................... .............................27
Page 11
8.24.
Windshield Wipers .......................................................... .............................27
Solicitation....................................................................
8.25.
Foot Pedal Pads ........................................................... ...............................
27
8.26.
California Vehicle Registration ....................................... .............................27
Dispatch.......................................................................
8.27.
Vehicle Age .................................................................. ...............................
27
8.28.
Vehicle Maintenance and Records ................................. .............................27
DispatchInformation .......................................................
9. TAXICAB
OPERATION ........................................................ .............................28
12.1.
9.1.
Direct Routes .................................................................. .............................28
12.2.
9.2.
9.3.
9.4.
9.5.
9.6
9.7
9.8
9.9
9.10
9.11
Receipt.........................................................................
............................... 28
Solicitation....................................................................
............................... 28
FaresCharged ...............................................................
.............................28
Accidents......................................................................
............................... 28
Dispatch.......................................................................
............................... 28
Place of Business ...........................................................
.............................28
CreditCard Payment ......................................................
.............................28
DispatchInformation .......................................................
.............................29
Records Retention ..................
Lost and Found ......................
9.12 Complaints ................................................................... ...............................
9.13. Additional Operational Requirements ........................... ...............................
10. PERMIT FEES AND TAXICAB FARES ................................ .............................30
10.1. OCTAP Permit Fees ..................................................... ...............................
10.2. Taxicab Passenger Fares ............................................. ...............................
29
29
29
29
30
30
10.3.
Refund Policy ................................................................. .............................32
11. NON - PERMITTED TAXICAB OPERATION AND ADVERTISING
.................... 32
11.1.
Purpose .......................................................................... .............................32
11.2.
Information Warranting an Investigation ......................... .............................32
11.3.
OCTAP Administrator Review and Authority .................. .............................33
12. APPEAL
................................................................................ .............................34
12.1.
Notice of adverse action ............................................... ...............................
34
12.2.
Notice of appeal ........................................................... ...............................
34
12.3.
Stay ................................................................................ .............................34
12.4.
Stay, exception ............................................................... .............................34
12.5.
Initial review of appeal .................................................. ...............................
34
12.6.
Hearing Officer ............................................................. ...............................
34
13. AMENDMENT(S) TO REGULATIONS ................................. .............................35
13.1.
Administrative Amendment( s) ...................................... ...............................
35
13.2.
Substantive Amendment( s) .......................................... ...............................
35
13.3.
OCTAP Permit Fees and Taxicab Passenger Fares .... ...............................
36
Page iii
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
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
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
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
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
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,
retum -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
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
insurance policy 1) naming OCTA, OCTAP and its member agencies,
including the County of Orange, their elected and appointed officials,
officers, directors, employees, agents and volunteers as additional
insureds; and 2) indicating that coverage shall not be reduced, terminated
or cancelled without thirty (30) days prior written notice to OCTAP; and 3)
the OCTAP special endorsement must be completed and duly executed
by the agent or broker of record and submitted along with the proof of
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
shall submit insurance binders evidencing insurance coverage for the
policy period subsequent to the expiration of the current policies. Lapses
or interruptions of insurance coverage shall cause an immediate
suspension of the Company Permit, pending revocation, and an
immediate revocation of all Taxicab Permits issued to the Permittee.
Reinstatement of a Company Permit may require payment of applicable
fees and /or fines. Furthermore, if reinstated, any Taxicab(s) a Permittee
desires to be placed back into service will require the issuance of a new
Taxicab Permit with applicable fees paid.
Page 7
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 8.26;
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);
5.2.8. Every owner, partner or principal officer of applicant has successfully
cleared a background check; and
5.2.9. Payment of all applicable fees.
5.2.10. Submission of proof, acceptable to the OCTAP Administrator, that
applicant Company will meet the following service standards during its
term of operation:
5.2.10.1. Company shall maintain and provide year- round, 24 -hour live
human response dispatched telephone service.
5.2.10.2. Company shall have a principle place of business from which it
conducts its activities as a Taxicab Company, including dispatch
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
credit cards as a payment option to customers.
Page 8
5.2.10.4. 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;
- 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 Company 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.
5.2.10.5. Company shall keep order and dispatch records readily
available to OCTAP for at least ninety (90) days.
5.2.10.6. Company shall have a written lost and found policy and shall
have submitted a copy to OCTAP.
5.2.10.7. Company shall have a policy in place to receive complaints.
The complaint policy must contain the 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.
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
Page 9
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
pursuant to Section 5.2.10.
Page 10
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 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.
5.9. Company Permit renewal.
No less than sixty (60) days prior to the expiration of the Company Permit, the
Permittee shall submit an application for renewal of its Company Permit pursuant to this
Section in order to allow sufficient time to review the application for renewal. Failure to
Page 11
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 requirements in
Section 5.2.3; or
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.
Page 12
5.11. Company Permit Penalties /Suspensions.
In lieu of revocation, 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/Permittee may appeal a Company Permit denial,
suspension or revocation as provided for in Section 12.
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 a 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 taken within the previous thirty (30) days; and
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 background check; and
6.2.7. Payment of all applicable fees..
Page 13
6.3. Driver Permit Issuance.
A Driver Permit shall be issued within five (5) business days after all the
requirements in Section 6.2 are satisfied.
6.4. Term of Driver Permit.
A Driver Permit is valid one (1) year from the date of issuance, unless sooner
suspended, revoked or otherwise terminated.
6.5. 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.
6.6. Renewal of Driver Permit.
It is recommended that no less than sixty (60) working days prior to the expiration
of the Driver Permit, the Driver should re -apply for a Driver Permit pursuant and subject
to Section 6.2 in order to allow time to review the application for renewal. If 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
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 6.12
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.
Page 14
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
Page 15
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
Page 16
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. Notification of any matter requiring such action by OCTAP; or
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.
Page 17
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 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.
6.16. 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.
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 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
date of issuance.
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 'W x 11" with
lettering which is visible up to 50 feet during daylight hours. If window
Page 18
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 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 Driver.
OCTAP shall mail a copy of the report to the Permittee.
7.3.2. If a Taxicab fails any random inspection due to Minor Items, the Inspector
shall place the Taxicab into "Must Repair" status. The Permittee is
required to present the Taxicab to OCTAP for re- inspection within ten (10)
business days to verify that the required repairs have been made. If the
Taxicab was placed into "Must Repair" status by the inspector, the vehicle
may remain in service for up to ten (10) business days while repairs are
made and completion of the repairs is verified by an OCTAP re- inspection.
A re- inspection fee pursuant to Section 7.4 shall be required at the time of
re- inspection.
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 Major 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
Page 19
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.
7.4. Re- inspection.
7.4.1. Taxicabs that fail a Taxicab inspection (minor item — "Must Repair') shall
be presented for re- inspection within ten (10) 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.
7.5. Taxicab Substitution.
A Permittee may replace any Taxicab 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)
Page 20
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. Taxicab Permit Surrender.
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 the OCTAP Taxicab
Permit, Welcome Sticker, and markings are removed and that the vehicle
cannot be mistaken by the public as an authorized Taxicab in the
jurisdiction of any member agency.
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.
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).
Page 21
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. Effective October 1, 2009, each OCTAP Permittee shall paint vehicles in
one primary color scheme.
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 October 1, 2009..
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.
Page 22
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.
Rims, hubcaps or wheel covers shall be of like style on all wheels. Also,
hubcaps and wheel covers shall be on all wheels for which they 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.
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
Page 23
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.
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)).
Page 24
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).
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.
Page 25
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 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 Service" status if the
taximeter is not working, the seals are broken or missing, the date
on the seal is missing or 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.
Page 26
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
the same Permitted 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 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.
Page 27
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
Company shall maintain and provide year -round, 24 -hour live human response
dispatched telephone service.
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
Company and each Driver shall provide electronic processing of credit cards as a
payment option to customers.
Page 28
9.9 Dispatch Information
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;
- 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 Company 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
Company shall keep order and dispatch records readily available to OCTAP for
at least ninety (90) days.
9.11 Lost and Found
Company shall have a written lost and found policy.
9.12 Complaints
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.
9.13. 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.
Page 29
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
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
Page 30
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
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 (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 Company Permittees, and representatives of the
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
date of adoption.
10.2.2.6. Maiority Vote Required. Any action by the Steering
Committee to adopt a revised passenger fare schedule shall
require adoption by an affirmative vote of a majority of all
members of the Steering Committee representing a
participating Agency, regardless of the number of such
members present and voting.
Page 31
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,
electronic recording or phone directory) evidencing
non - compliance with the statute.
Page 32
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 once each month in a
fund established for the purpose of enforcing the provisions of this
Section.
Page 33
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;
12.6.2. The hearing officer shall expeditiously schedule the appeal hearing.
Page 34
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
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
Page 35
purposes of this section, a substantive amendment is defined as an amendment likely to
have any of the following effects:
13.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA Board of
Directors); or
13.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency; or
13.2.3. Affect the purpose of the OCTAP Regulations.
13.3. OCTAP Permit Fees and Taxicab Passenger Fares.
13.3.1. Sections 13.1 and 13.2 above shall not apply to an amendment to
the OCTAP fee schedule, attached hereto as Attachment °1," which
is adopted by the OCTA Board of Directors.
13.3.2. An amendment of the Taxicab passenger fares attached hereto as
Attachment "2" and adopted pursuant to Section 10.2.2.6 of these
Regulations shall be considered an administrative amendment
pursuant to Section 13.1 in order to ensure uniformity of fares
within Orange County.
- -End of Regulations—
Page 36
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
Taxicab Permits (per vehicle) - Annual
Taxicab Permit (includes inspection) $371.00
Taxicab Re- inspection
(After a failed inspection - minor item. "Must Repair" )
$62.00
(After a failed inspection - major item. "Out of Service ")
$140.00
Taxicab Re- inspection (after a "no shovel' for appointment")
$371.00
Taxicab Permit Transfer
$50.00
Replacement Taxicab Permit $50.00
Late Fees (Per business day late) $27.00*
Taxicab Permits (per vehicle) - Random
Taxicab Re- inspection
(After a failed inspection - minor item. "Must Repair" ) $62.00
(After a failed inspection - major item. "Out of Service ") $140.00
Taxicab Re- inspection (after a "no shovel' 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.
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
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
6.8 (Changed company w/o auth) $100
6.15.1, 4 (OCTAP non compliance) $100
7.2.1 (No taxicab permit) $500
7.3.1 (Random inspection –non coop) $250
8.1 (Unsafe vehicle operation) $250
8.10.3 (Permit not displayed) $50
11.2 (Non - permitted taxi operation/
Advertising)
$250/500/1000/
3000/5000
warning /3 day
suspension
warning
warning /revoke
warning /revoke
5 day suspension
of driver+vehicle
5 day suspension
of vehicle+driver)
warning/3 day
suspension
penalty for 181 thru
5s' and subsequent
violations in 24
months (excluding
cost assessment)
OCTAP Penalties and Fines Schedule 1/08/2009
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -85 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of
November, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of November, 2009.
`wW - • �I
City Clerk
Newport Beach, California
(Seal)