HomeMy WebLinkAbout03 - Taxicab Rates & Other Requirments - OCTAPMeeting Date: October 10, 2000
Agenda Item No.
CITY OF NEWPORT BEACH
Administrative Services Department
Resource Management • Fiscal Services • M.I.S. • Revenue Accounting
October 10, 2000
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Glen Everroad, Revenue Manager
SUBJECT: Council Adoption of Taxicab Regulation Revisions Regarding Taxicab Rates and
Other Requirements Administered by the Orange County Taxicab Administration Program
SUGGESTED ACTION: Adopt Resolution (attached) regarding taxicab rates and
requirements.
Background
In 1997, the Orange County Transportation Authority (OCTA) and several Orange County cities
desirous of reducing the administrative burden associated with regulating the taxi industry
developed the Orange County Taxicab Administration Program ( OCTAP). Newport Beach
chaired the steering committee developing OCTAP. OCTAP streamlined and standardized the
regulations governing the taxi industry throughout the County of Orange. OCTAP also
centralized permitting of companies, vehicles and drivers to OCTA, and created a clearinghouse
for member cities to report problems and violations caused by companies, drivers and vehicles.
Similar programs exist and are successfully operated in San Diego and Imperial Counties. Thirty
cities in the County of Orange and the County regulate the taxi industry through OCTAP.
In March of 1997, the City Council approved an agreement to participate in OCTAP. In
December of 1997, the City Council approved an ordinance that centralized taxi regulatory
responsibilities to OCTAP, and retained the City's responsibility for regulation of non -taxi public
transportation services (pedicabs, trolleys, etc.) not regulated by the Public Utilities Commission.
The ordinance amended Chapter 5.12 regulating Vehicles for Hire by removing reference to
taxicabs and added a new chapter (5.17) establishing OCTAP as the regulatory agency for the
taxi industry. The new chapter was developed by the OCTAP steering committee. The City also
established the OCTAP enforced standardized regulations by resolution at the same meeting.
OCTAP has been in operation since January of 1998. The City has representatives on both the
OCTAP Steering Committee and Public Safety Committee. These committees have conducted
regular quarterly meetings. Over the course of its review of the Program, the Steering
Committee has prepared various amendments to the standardized Regulations to increase the
protection of the health, safety, and welfare of persons utilizing taxicab services within member
agency territory. On July 26, 2000, the Steering Committee reviewed and recommended a
revised set of Regulations and directed OCTAP staff to forward the revised Regulations to the
legislative bodies of the member agencies for approval.
Most of the changes to the Regulations are administrative. The proposed changes are
summarized in the attached Table of Proposed Changes. Generally, the revised Regulations
incorporate the pertinent portions of the sample ordinances already in place in member Agencies,
the inter - agency agreements between member Agencies and OCTA, and the rules accompanying
the inter - agency agreements. However, the revised Regulations also adopt new regulations that
may be characterized as substantive, such as a ten year limit on the age of vehicles allowed to
operate within member agency territory (see Section 8.27 of the revised Regulations).
Additionally, Section 5.2.3 now clarifies that the minimum liability insurance for taxicab
companies exclude self- insured retentions and deductibles over $2500. Finally, Section 13.2
now prohibits the Steering Committee from making "substantive amendments" to the
Regulations and defines what constitutes a "substantive amendment" (see Section 13.2 of the
revised Regulations).
OCTAP has coordinated the implementation of these revisions with the taxicab companies
currently operating in the County of Orange. These companies support the proposed revisions to
the regulations.
Glen Everroad
Revenue Manager
Attachments:
Table of Proposed Changes to Regulations
Proposed Resolution with EXHIBIT "A"
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ESTABLISHING REVISED
ORANGE COUNTY TAXI ADMINISTRATION
PROGRAM REGULATIONS
WHEREAS, on January 1, 1998, the City of Newport Beach (City) entered into an inter-
agency agreement with the Orange County Transportation Authority (OCTA) in which
the City agreed to participate as a member agency in the Orange County Taxi
Administration Program ( OCTAP) and the OCTA agreed to provide the staff and
administrative services necessary to implement the Program; and
WHEREAS, OCTAP prepared uniform regulations applicable to taxicab companies and
taxicab drivers, concerning minimum standards for insurance, equipment, mechanical
condition, taxicab fares, and other aspects of taxicab operations; and
WHEREAS, the uniform regulations prepared by OCTAP are designed to comply with
the City's responsibilities under Government Code § 53075.5 governing city and county
taxicab transportation services, and to protect the health, safety and welfare of persons
utilizing taxicab services in the territory of member agencies; and
WHEREAS, on December 8, 1997, the City adopted Ordinance No. 97 -39 amending
Chapter 5.12 of the Newport Beach Municipal Code pertaining to vehicles for hire and
adding Chapter 5.17 pertaining to operation of taxicabs within the City; and
WHEREAS, on December 8, 1997, the City adopted Resolution No. 97 -83 establishing
administrative fees, rates of fares, and regulations applicable to the operation of
taxicabs, as prepared by OCTA; and
WHEREAS, OCTA has further determined the cost of administering the Program and
has proposed the appropriate fees to recover such cost; and
WHEREAS, OCTAP has been in operation since 1998 and has conducted
quarterly meetings with an OCTAP Steering Committee and an 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 recommended for enactment by member agencies,
amendments to the OCTAP Regulations to further protect the health, safety and welfare
of persons utilizing taxicab services in the territory of member agencies; and
WHEREAS, the OCTAP Steering Committee has further reviewed and recommended
the proposed consolidation of the OCTAP administrative fees, rates of fare, and
regulations — separately established by OCTAP member agencies —into one
comprehensive set of Regulations; and
WHEREAS, the City Council of the City of Newport Beach has reviewed the revised
OCTAP Regulations dated and recommended by the OCTAP Steering Committee on
July 26, 2000, and
WHEREAS, OCTAP will continue to provide the services necessary for the City to
comply with Government Code Section 53075.5 under the terms of the interagency
agreement that have been incorporated into the revised OCTAP Regulations.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The revised OCTAP Regulations dated and recommended by the OCTAP
Steering Committee on July 26, 2000, attached to this Resolution as EXHIBIT "A" are
hereby established.
Section 2: Authorizes the City Manager or his /her designee serving on the OCTAP
Steering Committee to approve amendments to the Regulations pursuant to the terms
and provisions of said revised OCTAP Regulations dated July 26, 2000.
Passed and adopted by the City Council of the City of Newport Beach at the regular
meeting held on the day of 2000.
John E. Noyes, Mayor
ATTEST:
LaVonne Harkless, City Clerk
EXHIBIT "A"
REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
PROGRAM
[Revised 7/26/00, approved by the Steering Committee on 7/26/00]
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OCTAP REGULATIONS
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 ..................................................................................
..............................3
2.8. OCTAP . ............................................................................................................
3
2.9. OCTAP Administrator .........................................................
..............................3
2.10. Permittee .........................................................................
..............................3
2.11. Taxicab ............................................................................
..............................3
2.12. Taxicab Permit ................................................................
..............................3
3.
AGENCY AND OCTA PARTICIPATION ................................
..............................3
3.1. Agency ................................................................................
..............................3
3.2. OCTA ..................................................................................
..............................4
3.3. Mutual Indemnification ........................................................
..............................4
4.
ADMINISTRATIVE COMMITTEES ........................................ ..............................5
4.1. Steering Committee ............................................................
..............................5
4.2. Safety Committee ...............................................................
..............................5
5.
COMPANY PERMITS ............................................................ ..............................5
5.1. Company Permit required ...................................................
..............................5
5.2. Company Permit requirements ...........................................
..............................5
5.3. Bases for denial ..................................................................
..............................7
5.4. Company drivers .................................................................
..............................8
5.5. New Company drivers .........................................................
..............................8
5.6. Issuance .............................................................................
..............................8
5.7. Compliance with separate Agency requirements ................
..............................8
5.8. Term of Company Permit ....................................................
..............................8
5.9. Company Permit renewal ...................................................
..............................9
5.10. Company Permit suspension / revocation .........................
..............................9
5.11. Company Permit fines / suspensions ................................
..............................9
5.12. Right to appeal ................................................................
..............................9
6.
DRIVER PERMITS ................................................................. ..............................9
6.1. Driver Permit required ........................................................ .............................10
6.2. Temporary Driver Permit ....................................................
.................:...........10
6.3. Term of temporary Driver Permit .......................................
.............................10
6.4. Permanent Driver Permit ...................................................
.............................10
6.5. Term of Permanent Driver Permit ......................................
.............................10
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7
91
6.6. Compliance with Agency Requirements ............................ .............................11
6.7. Renewal of Driver Permit ................................................... .............................11
6.8. Driver Permit limitation ....................................................... .............................11
6.9. Possession of Driver Permit required ................................ .............................11
6.10. Possession of another person's Driver Permit prohibited ............................11
6.11. Replacement Driver Permit ............................................ .............................11
6.12. Expiration of replacement Driver Permit ......................... .............................11
6.13. Driver Permit transferability to another Company .......... .............................12
6.14. Driver Permit Denial ....................................................... .............................12
6.15. Driver Permit suspension/ revocation .............................. .............................13
6.16. ' Driver Permit fine / suspension ........................................ .............................13
6.17. Right to appeal ............................................................... .............................14
6.18. Driver Permit Surrender ................................................. .............................14
TAXICABPERMITS .............................................................. .............................14
7.1. Inspection .......................................................................... .............................14
7.2. Term of Taxicab Permit ..................................................... .............................14
7.3. Random inspections .......................................................... .............................14
7.4. Re- inspection ..................................................................... .............................15
7.5. Taxicab substitution ........................................................... .............................15
7.6. Substituted Taxicab sticker ................................................ .............................15
7.7. Taxicab Permit renewal ..................................................... .............................16
7.8. Taxicab Permit renewal sticker .......................................... .............................16
TAXICAB INSPECTION STANDARDS ................................. .............................16
8.1. Minimum standards ........................................................... .............................16
8.2. Body Condition .................................................................. .............................16
8.3. Brake System .................................................................... .............................17
8.4. Climate Control ................................................................. .............................17
8.5. Exhaust System ................................................................. .............................17
8.6. Fuel Tank Cap ................................................................... .............................17
8.7. Horn ................................................................................... .............................17
8.8. Hubcaps ............................................................................. .............................17
8.9. Interior Condition ............................................................... .............................17
8.10. Interior Information ......................................................... .............................18
8.11. License Plates ............................................................... .............................18
8.12. Lights and Lenses .......................................................... .............................18
8.13. Markings ......................................................................... .............................19
8.14. Mirrors ............................................................................ .............................19
8.15. Muffler ............................................................................ .............................19
8.16. Parking Brake ................................................................. .............................19
8.17. Proof of Insurance .......................................................... .............................20
8.18. Radio .............................................................................. .............................20
8.19. Seat Belts ....................................................................... .............................20
8.20. Steering and Suspension System .................................. .............................20
8.21. Taximeter and Meter Seals ............................................ .............................20
8.22. Tires ............................................................................... .............................20
8.23. Windows ........................................................................ .............................21
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OCTAP REGULATIONS
8.24. Windshield Wipers . .....................................................................................
21
8.25. Footpedal Pads ............................................................................................
21
8.26. California Vehicle Registration . ...................................................................
21
8.27. Vehicle Age .................................................................................................
21
9. TAXICAB OPERATION .....................................................................................
21
9.1. Direct routes . ..................................................................................................
21
9.2. Receipt ............................................................................. ...............................
22
9.3. Solicitation . .....................................................................................................
22
9.4. Fares charged .................................................................................................
22
9.5. Additional Operational Requirements . ............................................................
22
10. PERMIT FEES AND TAXICAB FARES ................................ .............................22
10.1. OCTAP Fees ...............................................................................................
22
10.2. Taxicab Passenger Fares . ..........................................................................
22
11. REFUND POLICY ..............................................................................................
22
12. APPEAL .............................................................................................................
23
12.1. Notice of adverse action ..............................................................................
23
12.2. Notice of appeal . .........................................................................................
23
12.3. Stay .............................................................................................................
23
12.4. Stay, exception ............................................................................................
23
12.5. Initial review of appeal .................................................................................
23
12.6. Hearing Officer . ...........................................................................................
23
13. AMENDMENT(S) TO REGULATIONS ...............................................................
24
13.1. Administrative amendment(s) . ....................................................................
24
13.2. Substantive amendment(s) . ........................................................................
24
13-3. OCTAP fees and Taxicab passenger fares .................... .............................25
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OCTAP REGULATIONS
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,
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OCTAP REGULATIONS
taxicab stands, pickup, hours of operations, and all other functions not
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 of the County, 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.
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OCTAP REGULATIONS
2.7. OCTA.
"OCTA" means the Orange County Transportation Authority.
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.
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OCTAP REGULATIONS
3.1.3. Appoint its Chief of Police, County Sheriff, or their designee, to
participate as member of the OCTAP Public Safety Committee.
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 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 license and permit fees to offset 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
122331 %1 Page 4 7/26100
OCTAP REGULATIONS
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 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 Steedng Committee shall consist of the City Manager,
Executive ,Officer, or their designee, from each Agency, and shall
include two representatives of the permitted taxicab companies chosen
by all permitted taxicab companies, and one representative of the
tourist industry in Orange County.
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 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.
5.2. Company Permit requirements.
A Company Permit shall be issued from OCTAP when the following conditions
have been satisfied:
5. 2.1. Submission of a completed Company Permit application;
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OCTAP REGULATIONS
5.2.2. Submission of a copy of applicant's drug and alcohol policy meeting
OCTAP requirements;
5.2.3. Submission of evidence of insurance, in full force and effect, in such
form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of California, insuring the
applicant against loss by reason of injury or damage that may result to
persons, including taxicab passengers, or property, from the negligent
operation or maintenance of such Taxicab. Applicant shall provide a
Certificate of Insurance and Insurance Policy Binder showing that the
applicant is insured for a minimum combined single limit of one million
dollars ($1,000,000) for the injury or death of one or more persons in
the same accident, and one hundred thousand dollars ($100,000) for
injury or destruction of property. In addition, the applicant shall direct
the insurance company to provide to OCTAP certified copies of
Endorsements to the insurance policy 1) naming the Agencies
participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, their Officers, Directors,
Employees and Agents as additional insureds; and 2) indicating that
coverage shall not be reduced, terminated or cancelled without thirty
(30) days' prior written notice to OCTAP. Certified copies of the
insurance policies shall be provided to OCTAP within ninety (90) days
of the policy issuance. At least ten (10) business days prior to the
expiration of'the current policies, a Permittee shall submit insurance
binders evidencing insurance coverage for the policy period
subsequent to the expiration of the current policies. No self- insured
retention shall be allowed. Deductibles shall not exceed $2500 per
occurrence.
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 that would affect the Driver's OCTAP Driver Permit.
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 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.
122331 %1 Page 6 7/26/00
OCTAP REGULATIONS
All Taxicabs listed in the Company Permit application shall be
registered to the applicant;
5.2.7. Every owner, partner or principal officer of applicant has submitted to
fingerprinting by the Orange County Sheriffs Department;
5.2.8. Every owner, partner or principal officer of applicant has successfully
cleared a local background check; and
5.2.9. Submitted payment of all applicable fees, including, but not limited to,
background check fee, Company Permit application fee, and Taxicab
Permit application fee.
5.3. Bases for denial.
A Company Permit shall be denied if any of the following apply to any owner,
partner or principal officer of applicant:
5.3.1. Is under the age of 18 years;
5.3.2. Falsifies material information on the application for Company Permit
within the past one (1) year;
5.3.3. Is a registered sex offender pursuant to California Penal Code Section
290;
5.3.4. Is on formal probation or parole for any offense outlined in this Section
5.3;
5.3.5. Is convicted (or pleads guilty or nolo contendere) in any state for any of
the following: murder; robbery; pandering; pimping; crimes related to
the sale or transportation of controlled substances; 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.
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OCTAP REGULATIONS
5.3.8. Operation of its business without the insurance required in Section
5.2.3.
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 72 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 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.
5.7. Compliance with separate Agency requirements.
After OCTAP issues a Company Permit, the Permittee must then 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.
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OCTAP REGULATIONS
5.9. Company Permit renewal.
No less than thirty (30) days prior to expiration of the Company Permit, the
Permittee should submit an application for renewal of its Company Permit pursuant
to this Section in order to permit sufficient time to review the application for renewal.
5.10. Company Permit suspension /revocation.
A Company Permit may be suspended or revoked by the OCTAP
Administrator for any of the following reasons:
5.10.1. Providing false or inaccurate information in the Company Permit
application; or
5.10.2. Allowing operation of a Taxicab by a Driver not in possession of
a valid 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.
5.10.7. Operating its business without the insurance required in Section
5.2.3.
5.11. Company Permit fines /suspensions.
In lieu of revocation or suspension, the OCTAP Administrator may impose a
fine, a period of suspension, or both, a fine and a period of suspension.
5.12. Right to appeal.
A Company Permit applicant may appeal a Company Permit denial,
suspension or revocation as provided for in Section 12.
6. DRIVER PERMITS
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OCTAP REGULATIONS
6.1. Driver Permit required.
No person shall drive a Taxicab within the Area of Jurisdiction of an Agency
without having first obtained either a temporary or a permanent Driver Permit from
OCTAP.
6.2. Temporary Driver Permit.
A temporary Driver Permit may be obtained from OCTAP, provided the
prospective Driver has submitted all of the following:
6.2.1. Completed Driver Permit application that is signed by a representative
of the Permittee the Driver intends to work for; and
6.2.2. Valid California Driver License; and
6.2.3. Two current 2" x 2" professional quality color photos (passport photos)
of the applicant; and
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. Fingerprints taken at the Orange County Sheriffs Department; and
6.2.6. A cleared local background check; and
6.2.7. Payment of all applicable fees, including the background check fee and
Driver Permit application fee.
6.3. Term of temporary Driver Permit.
The temporary Driver Permit shall be valid for a period of no more than ninety
(90) days unless extended by OCTAP for a specified period.
6.4. Permanent Driver Permit.
A permanent Driver Permit shall be issued to replace a temporary Driver
Permit once the applicant has successfully cleared a State Department of Justice
background check.
6.5. Term of Permanent Driver Permit.
A permanent Driver Permit is valid one (1) year from the date the temporary
Permit was issued, unless sooner suspended, revoked or otherwise terminated.
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6.6. Compliance with Agency Requirements.
A Driver who has been issued an OCTAP Driver Permit may only pick up
passengers in the Area of Jurisdiction of those Agencies that have approved the
Permittee he /she represents.
6.7. Renewal of Driver Permit.
No less than ten (10) working days prior to expiration of the Driver Permit, the
Driver should re -apply for a Driver Permit pursuant to this Section in order to permit
time to review the application for renewal.
6.8. Driver Permit limitation.
Each Driver Permit issued by OCTAP, including a temporary Driver Permit,
shall be valid only for the Driver to operate a Taxicab for the Permittee indicated on
the Driver Permit. No Driver may operate a Taxicab for a Company other than the
Company listed on the Drivers Driver Permit.
6.9. Possession of Driver Permit required.
A Driver must have a valid Driver Permit in his /her immediate possession at all
times while operating a Taxicab.
6.10. Possession of another person's Driver Permit prohibited.
A Driver shall not use or hold in his /her possession another person's OCTAP
Driver Permit.
6.11. Replacement Driver Permit.
A replacement for a lost Driver Permit may be obtained from OCTAP,
provided that the Driver has submitted the following:
6.11.1. A replacement Driver Permit application along with the Driver
Permit replacement fee; and
6.11.2. Two current 2" x 2" professional quality color photos (passport
photos).
6.12. Expiration of replacement Driver Permit.
A replacement Driver Permit shall expire on the same date as the lost Driver
Permit.
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6.13. Driver Permit transferability to another Company.
A Driver may transfer his /her Driver Permit to another Permittee provided the
Driver has submitted the following:
6.13.1. A Driver Permit application that is signed by an authorized
representative of the prospective Permittee;
6.13.2. A negative drug and alcohol screening test taken within the
previous 30 days;
6.13.3 The Driver Permit transfer fee; and
6.13.4. Two current 2" x 2" professional quality color photos (passport
photos) of the applicant.
6.14. Driver Permit Denial.
A Driver Permit shall be denied if applicant:
6.14.1. Is under the age of 18 years;
6.14.2. Does not possess a valid California Driver License, (Class C);
6.14.3. Fails the drug and /or alcohol test required hereunder. Upon
testing positive for drugs and /or alcohol, the applicant shall not
be eligible to reapply for a Driver Permit for a period of six (6)
months from the test date; or
6.14.4. Falsifies, or fails to disclose, material information on the
application for Driver Permit within the past one (1) year;
6.14.5. Is required to register as a sex offender pursuant to California
Penal Code Section 290;
6.14.6. Is on formal probation or parole for any offense outlined herein;
6.14.7. is convicted (or pleads guilty or nolo contendere), regardless of
the time elapsed, in any state, of any of the following or their
equivalent: murder; a violation of California Vehicle Code
Section 2800.2 (pertaining to disregard for safety of persons or
property), Section 2800.3 (pertaining to flight from peace officer
causing death or bodily injury) or Section 20001 (pertaining to
duty to stop at scene of accident); robbery; pandering; pimping;
crimes related to the use, sale, possession, or transportation of
controlled substances; crimes involving weapons; any crime for
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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;
6.14.8. Is convicted of any felony in any state (or pleads guilty or nolo
contendere), other than those felonies listed in Section 6.14.7,
within eight (8) years of application; or
6.14.9. Is convicted (or pleads guilty or nolo contendere) of any of the
following within five (5) years of application: reckless driving;
driving under the influence of intoxicating liquors or drugs (DUI);
a violation of California Vehicle Code Section 2800.1 (pertaining
to flight from peace officer); Section 20002 (pertaining to duty
where property is damaged), Section 20003 (pertaining to duty
upon injury or death) or any corresponding substitute sections;
vehicular manslaughter; and Penal Code Sections 240, 241,
242, and 243 or any corresponding substitute sections pertaining
to assault and battery.
6.14.10. For good cause after an administrative hearing by OCTAP,
subject to appeal pursuant to Section 12 below.
6.15. Driver Permit suspension /revocation.
A Driver Permit may be suspended or revoked by the OCTAP Administrator
for any of the following reasons:
6.15.1. Failure to comply with the applicable provisions of the OCTAP
Regulations;
6.15.2. Circumstances providing grounds for denial of a Driver Permit as
outlined in the OCTAP Regulations;
6.15.3. Revocation or suspension of Drivers California Driver's License;
6.15.4. Driver's failure to cooperate with an Agency's law enforcement
officers, code enforcement officers, OCTAP staff, and /or
California Highway Patrol officers; or
6.15.5. Notification to OCTAP by the Permittee that the Driver is no
longer an authorized Driver for the Permittee.
6.16. Driver Permit fine /suspension.
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In lieu of revocation or suspension, the OCTAP Administrator may impose a
fine, a period of suspension, or both, a fine and a period of suspension.
6.17. Right to appeal.
A Driver Permit applicant may appeal a permit denial, suspension or
revocation as provided for in Section 12.
6.18. Driver Permit Surrender.
6.18.1. A Driver Permit applicant must surrender his /her Temporary
Driver Permit to OCTAP upon issuance of a Permanent Driver
Permit or upon its expiration, whichever shall come first.
6.18.2. A Driver Permit applicant must surrender his /her Permanent
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 the OCTAP facility for a Taxicab
inspection. OCTAP may, at its discretion, conduct Taxicab inspections at the
Permittee's facility.
7.2. Term of Taxicab Permit.
Upon meeting all inspection standards and upon passing the Taxicab
inspection, OCTAP shall issue a nontransferable Taxicab Permit sticker for each
approved Taxicab. The Company Permit sticker shall immediately be affixed to the
left -hand corner of the rear windshield of the Taxicab for which the sticker is issued.
The Taxicab Permit is valid for one (1) year.
7.3. Random inspections.
7.3.1. In addition to the initial and annual Taxicab inspection, all Taxicabs
operated under OCTAP authority shall submit to on the road or random
inspections by OCTAP inspectors or Agency peace officers or Agency
code enforcement officials when so requested. Failure to submit to an
inspection may result in suspension of the Taxicab Permit. The
OCTAP inspector shall complete an inspection report at the time of
inspection which shall indicate what repairs, if any, need to be made to
the Taxicab. One copy of the report shall be given to the Driver.
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OCTAP shall mail a copy of the report to the Permittee to whom the
vehicle is registered.
7.3.2. If the inspection report indicates the need for repairs to a Taxicab, the
Permittee is required to present the Taxicab to OCTAP for re-
inspection within the time frame provided in the report to verify that the
required repairs have been made. A re- inspection fee shall be required
at time of re- inspection.
7.3.3. If a Taxicab fails any inspection, the inspector may order such Taxicab
out -of- service pending repairs and re- inspection. The inspector may
suspend the Taxicab Permit by removing the Taxicab Permit sticker.
7.3.4. In the event that repairs have not been made to a Taxicab within the
time frame provided for in the report, the Taxicab Permit shall be
suspended or revoked until all corrections have been made to the
satisfaction of OCTAP.
7.3.5. Upon correction and passing re- inspection, OCTAP shall re- instate the
Taxicab Permit by issuing a replacement Taxicab Permit using the
original expiration date.
7.4. Re- inspection.
Taxicabs that fail a Taxicab inspection shall pay a re- inspection fee and be
presented for re- inspection after the identified corrections have been made. If such
corrections have been made and if the Taxicab otherwise meets the inspection
standards, a Taxicab Permit shall be issued.
7.5. Taxicab substitution.
A Permittee may replace any Taxicabs listed in the Company Permit with
another Taxicab upon satisfaction of the following conditions:
7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the
Taxicab Permit sticker;
7.5.2. passing a Taxicab inspection by the replacement Taxicab; and
7.5.3. payment of Taxicab Permit transfer fee.
7.6. Substituted Taxicab sticker.
Upon satisfaction of the conditions stated above, OCTAP shall delete the
vehicle identification number of the Taxicab to be replaced in the Company Permit
and add the Taxicab identification number of the replacement Taxicab. OCTAP shall
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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.
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 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.
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.
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 be defined as an unrepaired dent, distortion,
depression, bulge, tear, hole, or disfigurement.
8.2.2. The exterior of the Taxicab shall be maintained in a reasonably clean
condition and shall be free of excessive dirt, tar, oil, and rust.
8.2.3. The Taxicab paint shall not be faded, blistered, cracked, chipped,
peeled, or scratched.
8.2.4. Each OCTAP Permittee shall paint vehicles in one primary color
scheme. OCTAP may approve one secondary color scheme for
special vehicles.
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8.2.5. The color scheme, name, monogram, or insignia used upon Permittee
Taxicabs shall not be in conflict with and shall not imitate any other
color scheme, name, monogram, or insignia used by any other
Permittee. The provisions of this subsection shall not be applied to
require any change or modification of any color scheme, name,
monogram, or insignia continuously used by any Permittee authorized
prior to August 1, 1999.
8.3. Brake System.
Pursuant to California Vehicle Code § 26453.
8.4. Climate Control.
8.4.1. The Defroster must be operational pursuant to California Vehicle Code
§ 26712.
8.4.2. The air conditioning /heating units shall be functional at all times. The
air discharged from the air conditioner interior vent system shall be
continuously cool. All air conditioning temperature controls and
functions shall operate as originally designed and manufactured with
no knobs or components broken or missing. Systems shall operate on
all OEM speeds with no excessive noise.
8.5. Exhaust System.
Pursuant to California Vehicle Code § 27153.
8.6. Fuel Tank Cap.
Pursuant to California Vehicle Code § 27155.
8.7. Horn.
Pursuant to California Vehicle Code § 27000.
8.8. Hubcaps.
Hubcaps or wheel covers shall be of like style and shall be on all wheels for
which hubcaps are standard equipment.
8.9. Interior Condition.
8.9.1. Passenger compartment, driver compartment, and trunk or luggage
area shall be clean and free of foreign matter, offensive odors and
litter.
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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, and
phone number of the regulating agency ( OCTAP) and the
authorized fare schedule.
8.10.3. The valid Driver Permit issued to the Driver shall be in plain view
of all passengers at all times that the Taxicab is in operation.
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.
8.11. 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).
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8.12.3. Emergency flashers shall be operational (California Vehicle
Code §24252).
8.12.4. Reverse lights shall be operational (California Vehicle Code §
24606(a)).
8.12.5. Turn signal lights shall be operational (California Vehicle Code §
24951(b)(1)).
8.12.6. Brake lights shall be operational (California Vehicle Code §
24603(b)).
8.12.7. License plate light shall be operational (California Vehicle Code
§ 24601).
8.12.8. Interior lights shall be operational.
8.12.9. Light lenses must be 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.
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8.17. Proof of Insurance.
Pursuant to California Vehicle Code § 16020 through 16028.
8.18. Radio.
8.18.1. Taxicabs shall be equipped with a two -way radio or cellular
phone in working order.
8.19. Seat Belts.
Pursuant to California Vehicle Code § 27315. Additionally, Taxicab restraint
system shall be maintained to OEM specifications and shall be in good working
order.
8.20. Steering and Suspension System.
Steering and suspension system shall be in good mechanical order.
(California Vehicle Code § 24002(a)(b)).
8.21. Taximeter and Meter Seals.
8.21.1. A taximeter in working order.
8.21.2. Taximeter shall have an intact meter seal.
8.21.3. Taximeter shall be certified by the County Sealer of Weights and
Measures. The date on the seal shall not be more than 13
months old.
8.21.4. Taximeter shall be placed in the Taxicab so that the reading dial
showing the amount of fare to be charged shall be well lighted
and easily read by the passenger.
8.21.5. A Taxicab shall be placed out of service if the taximeter is not
working, the seal is broken or missing, 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
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Permittee has a contract with a towing company and a policy in
place to send another Taxicab for the stranded passengers.
8.23. Windows.
8.23.1. Front and rear windshield per California Vehicle Code § 26710.
8.23.2. Safety glass shall be in all windows.
8.24.3. Windows shall be operational as originally designed.
8.24. Windshield Wipers.
Pursuant to California Vehicle Code § 26707.
8.25. Footpedal 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.
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.
9. TAXICAB OPERATION
9.1. Direct routes.
Driver shall carry a passenger to his /her destination only by the most direct
and accessible route.
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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.
9.5. Additional Operational Requirements.
Nothing in this Section shall prohibit OCTAP or an Agency from requiring a
Permittee or Driver to comply with such additional operational requirements for safe,
efficient and courteous service for the traveling public.
10. PERMIT FEES AND TAXICAB FARES.
10.1. OCTAP 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.
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 year the OCTAP Administrator will conduct a study of
comparable Taxicab fares and recommend a fare schedule to
the OCTAP Steering Committee. Each Agency agrees to accept
the taxicab fare levels approved by the OCTAP Steering
Committee.
11. REFUND POLICY
There shall be no refund of any portion of the fees described in the OCTAP
Regulations.
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12. APPEAL
12.1. Notice of adverse action.
In the event a permit is proposed to be denied, suspended revoked, or a fine
imposed, the applicant or Permittee or Driver shall be notified in writing of the
proposed adverse action and the reason(s) therefor.
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 Administrators 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.
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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.
12.7.6. 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
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Area of Jurisdiction of each Agency that has approved the amendment(s). For
purposes of this section, a substantive amendment is defined as an amendment
likely to have any of the following effects:
13.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA
Board of Directors); or
13.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency; or
13.2.3. Affect the purpose of the OCTAP Regulations.
13.3. OCTAP fees and Taxicab passenger fares.
Sections 13.1 and 13.2 above shall not apply to an amendment to the OCTAP
fee schedule, which must be approved by the OCTA Board of Directors. An
amendment of the Taxicab passenger fares shall be considered an administrative
amendment pursuant to Section 13.1 in order to ensure uniformity of fares within
Orange County.
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