HomeMy WebLinkAboutCC RES 09-64RESOLUTION NO. 09-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE REVISED
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
REGULATIONS
WHEREAS, Government Code § 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 private sector, and to expand the provisions of private transportation
services in Orange County; and
WHEREAS, on February 1,1999, the City of Tustin 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 regulation 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 § 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
Tustin hereby ratifies and adopts the revised OCTAP Regulations dated and approved
by the OCTAP Steering Committee on October 1, 2009, which Regulations are attached
hereto as Attachment A.
Resolution 09-64
Page 1 of 55
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 17th day of November, 2009.
ATTEST:
-YOAN
Pamela Stoker,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 09-64 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of November, 2009, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
, • 1MIAMI
.. - . .,�
City Clerk
Davert, Amante, Gavello,
Nielsen. Palmer (5)
None
(0)
None
(0)
None
(0)
Resolution 09-64
Page 2 of 55
Orange County Taxi Administration Program
Regulations Revision — Detail of Changes
This document provides an explanation of the revisions to the Orange County Taxi
Administration Program's (OCTAP) regulations approved by the OCTAP Steering
Committee on October 1, 2009.
Since the inception of OCTAP, the Steering Committee has made numerous
administrative changes to the regulations. This authority is granted to the Steering
Committee by the regulations. Over the past several years the OCTAP staff has
encountered situations and circumstances as part of the administration of the program
that, in the opinion of the staff and the Administrator, need to be addressed. These
changes are considered substantive and as such, require the approval of the OCTAP
Member Agencies. In addition, the Steering Committee appointed a subcommittee to
investigate service standard requirements. That subcommittee drafted proposed
changes to the regulations to address required service standards for all taxicab
companies. Those recommended changes were approved by the Steering Committee
and have also been incorporated into the over-all changes that are presently being
recommended. The changes recommended by the subcommittee are also considered
substantive changes that have to be approved by the Member Agencies.
In order to simplify the process of reviewing the changes, various minor changes
(formatting, punctuation, capitalization, renumbering, etc.) have been removed from the
revised regulations. What remains are the major changes that need to be discussed
and approved by the Member Agencies. The major changes and the reasons for said
changes are as follows:
Section 5.2.1 — Addition of the word "package."
The reason for this change is to clarify that as a condition of approval of a
Company Permit, the applicant must submit all required documentation, not just
the application.
2. Section 5.2.3 — Revision of insurance requirements.
The reason for the revision of this section is to improve and strengthen the
insurance requirements for a Company Permit. The levels of insurance have not
changed; however, an applicant will now have to submit an endorsement
executed by the agent or broker of record in order to further prove coverage. In
addition, if a Permittee allows its insurance to lapse, its Company Permit will
immediately be suspended and all Taxicab Permits will be revoked. This is
necessary to ensure that unisured Taxicabs are not allowed to operate.
_ 1 _ Approved by Steering Committee
October 1, 2009
Cl
4.
5.
C.
7
0
Section 5.2.6 — Clarification language added.
This change is made in order to clarify that all Taxicabs must be registered
pursuant to DMV regulations and State law.
Section 5.2.7 — Livescan language change.
This change is made to allow an applicant to utilize any California Dept. of
Justice approved Livescan location instead of just the Orange County Sheriffs
Department.
Section 5.2.8 — Removal of word "local."
OCTAP was recently informed that "local" background checks utilizing the
CLETS system were no longer allowed. As such, OCTAP must rely on the Dept.
of Justice background check process. This change is made to reflect the current
situation.
Section 5.2.9 — Removal of specific fee identification.
This change is made to simplify this requirement such that, instead of listing each
particular fee, a general requirement of "all applicable fees" is made.
Section 5.2. 10 —Addition of service standard requirements.
This change was recommended by a subcommittee of the Steering Committee to
address service standard requirements for all taxicab companies. These
represent minimum requirements that companies will have to meet in order to
obtain a company permit. These changes were developed to address small
taxicab companies and the minimum level of service required.
Section 5.3 — Addition of "applicant Company" to list of individuals for which
conditions of denial of permit may apply.
This change was made to clarify the issue related to denial of a Company Permit
on the basis of unsatisfied court judgments. The previous language could be
interpreted as meaning an unsatisfied judgment against just the Permittee would
not be a basis for denial. This change tightens up this requirement.
Section 5.3.11 —Addition of service standard requirements.
This change is made to address the service standard requirements proposed in
Section 5.2.10 and the failure to comply with the requirements as a basis for the
denial of a company permit.
_ 2 _ Approved by Steering Committee
October 1, 2009
10. Section 5.6 — Addition of requirement for issuance of Company Permit.
Because of potential delays in receiving background reports from the Dept. of
Justice, this change is made to ensure that OCTAP makes every effort not to
delay the process of permit issuance. This change requires OCTAP to issue the
permit within five (5) business days of the receipt of all required
information/documentation.
11. Section 5.9 — Change in required time frame for renewal application.
OCTAP has been informed and has experienced delays in obtaining background
reports from the Dept. of Justice. In order to ensure that OCTAP has sufficient
time to obtain and review the required reports, it was decided that a Permittee
should be required to submit for Company Permit renewal at least sixty (60) days
prior to the current permit's expiration. Failure to do so will result in the
Permittee being required to submit an application for a new permit.
12. Section 5.10.7 — Clarification language.
This change was made to clarify this requirement.
13. Section 5.11 — Removal of language.
The removal of the of the phrase "or suspension" was necessary to clarify the
intent of this provision in allowing the OCTAP Administrator to either suspend a
permit or assess a fine in lieu of revocation.
14. Section 5.12 — Removal of appeal language.
This change was made to correct a conflict in the time frame for appeal that was
present. With this change, all appeals must be filed within ten (10) business
days of the adverse decision.
15. Section 6.1 — Removal of references to "interim" permits.
These changes were made to reflect the opinion of OCTAP staff that "interim"
Driver Permits no longer be issued. As a result of consultation with the Orange
County Sheriffs Dept., and because access to the CLETS system is no longer
allowed, it was determined that the risk of allowing an individual to operate a
Taxicab prior to obtaining the results of the background check from the Dept. of
Justice is too great to justify the issuance of "interim" permits.
_ 3 _ Approved by steering Committee
October 1, 2009
16. Section 6.2.3 — Addition of further requirements.
This change is made to require that the photographs submitted by an applicant
Driver be taken within the previous thirty (30) days. This should ensure that the
photographs accurately describe the applicant.
17. Section 6.3 - Addition of requirement for issuance of Driver Permit.
Because of potential delays in receiving background reports from the Dept. of
Justice, this change is made to ensure that OCTAP makes every effort not to
delay the process of permit issuance. This change requires OCTAP to issue the
permit within five (5) business days of the receipt of all required
information/documentation.
18. Section 6.3 (deleted) — Deletion of Interim Permit
This deletion was made to reflect the opinion of OCTAP staff that "interim" Driver
Permits no longer be issued. As a result of consultation with the Orange County
Sheriffs Dept., and because access to the CLETS system is no longer allowed, it
was determined that the risk of allowing an individual to operate a Taxicab prior
to obtaining the results of the background check from the Dept. of Justice is too
great to justify the issuance of "interim" permits.
19. Section 6.4 — Clarification of term of Driver Permit.
This change was made to remove the reference to a "permanent" permit and to
clarify that the term of a Driver Permit shall be one year.
20. Section 6.6 — Change to time frame for renewal of Driver Permit.
This change was made to address the recent notification by the State that the
CLETS system can no longer be utilized to perform background checks of driver
applicants. As such, OCTAP will have to rely solely on the Dept. of Justice
background check process. In the past, this process has taken an extended time
to complete (approx. 30 days or more). The change here recommends that a
driver submit his/her application for renewal no less than 60 days from expiration
in order to allow enough time to complete the required background check. If a
driver fails to submit his/her application early enough to allow the background
check to be completed and the current permit expires, that driver will not be
allowed to operate a taxicab until such time as the process is completed. In
order to ensure that OCTAP does not unnecessarily delay the process, OCTAP
will issue the permit within 5 days of satisfaction of all requirements.
- 4 _ Approved by Steering Committee
October 1, 2009
r
21. Section 6.7 — Removal of reference to "interm" Driver Permit.
Based on the decision of OCTAP to no longer allow "interim" permits, this
reference is removed.
22. Section 6.10 — Addition of requirements for issuance of replacement permit.
This change was made so that the requirements for issuance of a replacement
Driver Permit are the same as those for the issuance of a new Driver Permit.
23. Section 6.12 — Addition of requirements for transfer of a permit.
This change was made so that the requirements for the transfer of a Driver
Permit are the same as those for the issuance of a new Driver Permit.
24. Section 6.14.7 — Removal of language.
This change was made to allow information from any source that would require
OCTAP to take action against a holder of a Driver Permit to be used in the
suspension or revocation of that permit.
25. Section 6.14.9 — Addition of "good cause" clause.
This addition was made to include "good cause" as a reason for suspension or
revocation of a Driver Permit. This clause allows for an administrative hearing
prior to action being taken against a permit holder.
26. Section 6.14. 10 — Addition of time limit for reapplication after revocation of Driver
Permit.
This change was made to include a one (1) year time limit for reapplication for a
Driver Permit once a current permit is revoked. The current regulations do not
place a limit and therefore, a Driver could immediately reapply after revocation
unless the revocation was appealed and a limit was addressed in the appeal
process.
27. Section 6.15 — Clarification
This change was made to clarify this language to meet the intent of this section
that the OCTAP Administrator can impose suspension and/or fines in lieu of
revocation.
Approved by Steering Committee
October 1, 2009
ME
29
30
31.
32
Section 6.17 — Removal of interim permit language.
This change was made to remove reference to an "interim" permit and require
that a Driver Permit be surrendered within 2 business days of expiration,
suspension, revocation or upon termination of employment.
Section 7.2.1 — Clarification.
This change was made to simplify the phrase "day, month and year" to just
"date."
Section 7.3 — Modification of requirements for random inspections.
These changes were made to clarify and improve the requirements for random
inspections. Previously, as a result of a failure of a random inspection, a taxicab
could only be placed into "Not in Service" status. This resulted in the taxicab not
being allowed to operate in revenue service until such a time as it passed a re-
inspection, even for minor items. The changes made here allow for a second
status level of "Must Repair" to address a situation where minor items are
discovered as a result of a random inspection. A taxicab can be placed in this
level of status if items are found that are sufficiently minor to allow the vehicle to
remain in service. These items are required to be repaired within 10 business
days and the taxicab is required to be re -inspected. If the taxicab fails re-
inspection or if it is not presented for re -inspection within the 10 business days,
the vehicle is immediately placed into the "Out of Service" status and cannot be
operated in revenue service until such a time as it passes re -inspection. Each
re -inspection is subject to a fee.
If a taxicab is inspected and major items are found that would preclude it from
operating in revenue service, the vehicle is placed in "Out of Service" status and
the Taxicab Permit is suspended pending passing a re -inspection.
Section 7.4 — Clarification.
The changes made here track the changes that were made to the Random
Inspection clause. It allows for the two levels of corrective status and sets forth
the process for re -inspection and the penalties for failure to correct non-
compliant items in the required time.
Section 7.9 — Clarification.
This change was made to clarify what a permittee must do upon sale of a
permitted taxicab and what happens if a taxicab is no longer insured or its permit
is suspended or revoked.
- 6 - Approved by Steering Committee
October 1, 2009
33. Section 8.1 — Clarification.
This change was made to clarify what "minor' and "major" items are for the
purposes of random inspections.
34. Section 8.2.4 — Removal of Secondary Color Scheme.
This change has been made to remove the ability of a Company to have a
secondary color scheme. OCTAP staff requested this change as the effort to
track and approve the multiple color schemes desired by the various companies
has become a burden. This change is made effective October 1, 2009 so
Companies with existing secondary color schemes may maintain them.
35. Section 8.2.5 — Change of effective date.
This change was made so that any Permittee with a secondary paint scheme
that was approved prior to October 1, 2009 will not have to repaint its vehicles as
a result of the revision to these regulations.
36. Section 8.8 — Clarification.
This change was made to address rims which were previously left out of this
section dealing with hubcaps and wheel covers.
37. Section 8.21 — Clarification.
These changes were made to address the changes to corrective status made as
part of the random inspection and to clarify certification requirements of the
taximeters.
38. Section 8.26.3 — Clarification.
This change was made to further clarify the registration requirements for
taxicabs.
39. Section 9.6 — 9.12 — Addition of service standard requirements.
These changes are made to include the minimum service standards into the
taxicab operation requirements.
40. Section 10.2.2.3 — Clarification.
This change was made to ensure that the language is consistent throughout the
document.
_ 7 _ Approved by Steering Committee
October 1, 2009
41. Section 10.2.2.5 — Clarification.
This change was made to ensure that the language is consistent throughout the
document.
42. Attachment 1 — Fee Structure.
These changes were made to ensure that the language is consistent throughout
the document.
43. OCTAP Penalties and Fine Schedule.
These changes were made to ensure that the language is consistent throughout
the document.
_ $ _ Approved by Steering Committee
October 1, 2009
REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
Amended Fee Schedule 07/01/2008
Amended Passenger Fares 05/24/2008
c, z i>z 1," 17& 5
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 i
6.6.
Renewal of Driver Permit.............................................................................14
6.7.
Driver Permit limitation................................................................................14
6.8.
Possession and Display of Driver Permit required......................................15
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..........................................................................................19
7.1.
Inspection....................................................................................................19
7.2.
Taxicab Permit. *'*** ... *** .......
... 19
7.3.
Random Inspections....................................................................................19
7.4.
Re-inspection..............................................................................................21
7.5.
Taxicab Substitution....................................................................................
21
7.6.
Substituted Taxicab Sticker.........................................................................
21
7.7.
Taxicab Permit Renewal..............................................................................
21
7.8.
Taxicab Permit Renewal Sticker..................................................................
22
7.9.
Taxicab Permit Surrender...........................................................................
22
8. TAXICAB
INSPECTION STANDARDS.............................................................22
8.1.
Minimum Standards....................................................................................22
8.2.
Body Condition............................................................................................
23
8.3.
Brake System..............................................................................................
23
8.4.
Climate Control............................................................................................
23
8.5.
Exhaust System..........................................................................................
24
8.6.
Fuel Tank Cap.............................................................................................
24
8.7.
Horn.............................................................................................................24
8.8.
Hubcaps or Wheel Covers..........................................................................
24
8.9.
Interior Condition.........................................................................................
24
8.10.
Interior Information......................................................................................
24
8.11.
License Plates.............................................................................................25.
8.12.
Lights and Lenses.......................................................................................25
8.13.
Markings......................................................................................................26
8.14.
Mirrors.........................................................................................................26
8.15.
Muffler.........................................................................................................26
8.16.
Parking Brake..............................................................................................26
8.17.
Proof of Insurance.......................................................................................26
8.18.
Radio...........................................................................................................27
8.19.
Seat Belts....................................................................................................27
8.20.
Steering and Suspension System...............................................................27
8.21.
Taximeter and Meter Seals.........................................................................27
8.22.
Tires............................................................................................................28
8.23.
Windows......................................................................................................28
Page ii
8.24.
Windshield Wipers......................................................................................28
8.25.
Foot Pedal Pads..........................................................................................28
8.26.
California Vehicle Registration....................................................................28
8.27.
Vehicle Age.................................................................................................
28
8.28.
Vehicle Maintenance and Records..............................................................
29
9. TAXICAB
OPERATION.....................................................................................29
9.1.
Direct Routes...............................................................................................
29
9.2.
Receipt........................................................................................................29
9.3.
Solicitation...................................................................................................29
9.4.
Fares Charged............................................................................................
29
9.5.
Accidents......................................................................................................29
9.6
Dispatch......................................................................................................
29
9.7
Place of Business........................................................................................
30
9.8
Credit Card Payment...................................................................................
30
9.9
Dispatch Information...................................................................................
30
9.10
Records Retention.......................................................................................
30
9.11
Lost and Found...........................................................................................
30
9.12
Complaints..................................................................................................
30
9.13.
Additional Operational Requirements..........................................................31
10. PERMIT
FEES AND TAXICAB FARES.............................................................31
10.1.
OCTAP Permit Fees....................................................................................
31
10.2.
Taxicab Passenger Fares............................................................................
31
10.3.
Refund Policy..............................................................................................
33
11. NON-PERMITTED TAXICAB OPERATION AND ADVERTISING.................... 33
11.1.
Purpose.......................................................................................................33
11.2.
Information Warranting an Investigation......................................................
33
11.3.
OCTAP Administrator Review and Authority...............................................
34
12. APPEAL..............................................................................................................35
12.1.
Notice of adverse action..............................................................................
35
12.2.
Notice of appeal..........................................................................................
35
12.3.
12.4.
Stay.............................................................................................................35
Stay, exception............................................................................................35
12.5.
Initial review of appeal.................................................................................
35
12.6.
Hearing Officer............................................................................................
35
13. AMENDMENT(S)
TO REGULATIONS..............................................................36
13.1.
Administrative Amendment(s).....................................................................
36
13.2.
Substantive Amendment(s).........................................................................
36
13.3.
OCTAP Permit Fees and Taxicab Passenger Fares...................................
37
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
1 652123.1 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,
return -to -duty and follow up testing; and
5.2.2.4. Procedures and components for random testing following ,
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return -
to -service, and other circumstances providing reasonable
suspicion to test; and
5.2.2.5. Monthly reports of the random testing component shall be
filed with OCTAP by the program administrator no later than
the 20th day following the end of the previous monthly
reporting period; and
5.2.2.6. The applicant's and program administrator's records shall be
made available to the OCTAP Administrator upon request;
and
5.2.2.7. Test results for self employed independent drivers are
reported directly to OCTAP while results for employees of
the applicant are reported to the applicant, provided that the
applicant must notify OCTAP immediately of any positive
result of an employee by providing the name, identifying
information, driving status of the employee, and action taken
by the applicant by telephone and fax; and
5.2.2.8. Drivers must show a valid California driver's license at the
time and place of testing; and
I 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 providetoOCTAP sedified —copies of
Endorsements to the insurance policy 1) naming OCTA, OCTAP and its
member agencies, including the County of Orange, ies
their elected and appointed
officials, officers, directors, employees, agents and volunteersO#isefs-,
DiFecAOFS, Fimpleyees 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; 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
Page 7
placed back into service will require the issuance of a new Taxicab Permit
with applicable fees paid. No self *nsuFed FeteRtOGA shall be allow
Re;nstatemeRt of a Business Permit will reqUiFe the payment
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 8.26tG4he-aye;
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
re uired)by the Orange Gounty Sheriff -s DepaFtment;
5.2.8. Every owner, partner or principal officer of applicant has successfully
cleared a lesal-background check; and
5.2.9. Submitted-Pyayment of all applicable fees§., inGluding, bUt ROt limited te,
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.
Page 8
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.
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;
I Page 9
5.3.2. Falsifies material information on the application for Company Permit within
the past one (1) year;
5.3.3. Is a registered sex offender pursuant to California Penal Code Section
290;
5.3.4. Is on formal probation or parole for any offense outlined in this Section
5.3;
5.3.5. Is convicted (or pleads guilty or nolo contendere) in any state for any of
the following: murder; robbery; pandering; pimping; crimes related to the
sale or transportation of controlled substances, including marijuana;
crimes involving the use of a weapon; or any other offense involving moral
turpitude or any crime that is substantially related to the qualifications,
functions or responsibilities of a Taxicab owner;
5.3.6. Is convicted (or pleads guilty or nolo contendere) in any state for a felony
other than those listed in the previous section within eight (8) years of the
application; or
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 sixt (630) days prior to the expiration of the Company Permit,
the Permittee shall submit an application for renewal of its Company Permit pursuant to
w this Section in order to allowpefmit sufficient time to review the application for renewal.
Page 11
Failure to 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 ofwitliGut the insurance
requirementsd 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
Gill??.1
5.11. Company Permit Penalties/Suspensions.
In lieu of revocation oF suspen.sieR, 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. SUGh appeal should be filed
w*th the QGT-AP Adm*R*6tFatOF WithiR 15 business days of the aGt*eF; being appealed.
6. DRIVER PERMITS
6.1. Driver Permit Required.
No person shall drive a Taxicab within the Area of Jurisdiction of an Agency
without having first obtained a—per-manent 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 Iecal background check; and
6.2.7. Payment of all applicable fees,
Page 13
1 6.3. Pew -Driver Permit Issuance.
A peFinanent Driver Permit shall be issued within five (5) business days after all
the requirements in Section 6.2 are satisfied. if an 'Rterim PeFmit was is6ued it may be
1 6.4. Term of Permanent Driver Permit.
A-permaneM Driver Permit is valid one (1) year from the date of issuancethe
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 nNo less than sixty 60 i#eenT;-5T 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 allowpe mA 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
Page 14
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.
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 -
Page 15
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
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
Page 16
65211D. 1
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
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
Page 17
6.14.7. Notification by taxi epeFatmg GOMPaRy 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, subiect
to appeal pursuant to Section 12 below.
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, tThe 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 emplovment or association_ with a Permittee.
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Page 18
7. TAXICAB PERMITS
7.1. Inspection.
Upon issuance of a
present each Taxicab listed
inspection. OCTAP may,
Permittee's facility.
7.2. Taxicab Permit.
Company Permit and prior to operating, Permittee shall
in the Permit to a designated OCTAP facility for a Taxicab
at its discretion, conduct Taxicab inspections at the
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
day, Fngnth and yeaF ate 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
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. "Not 04
SeWiGe" 6tatUS. One copy of the report shall be given to the Driver.
OCTAP shall mail a copy of the report to the Permittee.e to whom -t ie
7.3.2. If a Taxicab fails any random inspection due to Minor Items, the Inspector
shall place the Taxicab into "Must Repair" status. T
he Permittee is
Page 19
required to present the Taxicab to OCTAP for re -inspection within
tenthree (j 03) business days to verify that the required repairs have been
made. If the Taxicabveb+cle was placed into "Must RepairNet in-Sewise10
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
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.
time of Fe inspeGt*GR.
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Page 20
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 00) 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 usinq the original expiration date.
7.5. Taxicab Substitution.
A Permittee may replace any Taxicabs listed in the Company Permit with
another Taxicab upon satisfaction of the following conditions:
7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the
Taxicab Permit sticker;
7.5.2. Passing a Taxicab inspection by the replacement Taxicab; and
7.5.3. Payment of Taxicab Permit transfer fee.
7.6. Substituted Taxicab Sticker.
Upon satisfaction of the conditions stated above, OCTAP shall delete the vehicle
identification number of the Taxicab to be replaced in the Company Permit and add the
Taxicab identification number of the replacement Taxicab. OCTAP shall issue a new
Taxicab Permit sticker for the replacement Taxicab that shall be valid for the term
remaining under the Taxicab Permit sticker of the replaced Taxicab. Such requests
must be filed with OCTAP at least 2 business days prior to the requested action.
7.7. Taxicab Permit Renewal.
The Taxicab Permit shall be renewed annually by presenting each Taxicab listed
in the permit application to the OCTAP facility for a Taxicab inspection at least five (5)
IPage 21
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.
1 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 (via GG
ir�spes#fet that thea44 OCTAP Taxicab Ppermit, Welcome Sticker, s 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.
the County of OFaF;ge-
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 f 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).
1 6521213-1 Page 22
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, e€ach 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.August4—, 4W9.
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
Page 23
8.5.
8.6.
components broken or missing
speeds with no excessive noise.
Exhaust System.
Systems shall operate on all OEM
Pursuant to California Vehicle Code § 27153.
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, hi=4ubcaps or wheel covers shall be of like style on all wheels. Also,
hubcaps and wheel coversaed—shall be on all wheels for which they#ubsaps 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
Page 24
phone number of the regulating agency (OCTAP) and the
authorized fare schedule.
8.10.3. The valid Driver Permit issued to the Driver must be easily visible
by passengers and law enforcement officers, with no alterations or
information covered or hidden (except as indicated in section 6.9),
at all times that the Taxicab is in operation. However, the Driver's
California Driver's License number on the Driver Permit may be
covered, but only in a manner that would allow viewing by Law
Enforcement/Code Enforcement Officers or OCTAP Staff.
If a driver is operating an out of service vehicle, "Not In Service"
signs must be displayed. Signs must be a minimum size of 8 Y2" 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).
Page 25
8.12.4. Reverse lights shall be operational (California Vehicle Code §
24606(a)).
8.12.5. Turn signal lights shall be operational (California Vehicle Code §
24951(b)(1)).
8.12.6. Brake lights shall be operational (California Vehicle Code §
24603(b)).
8.12.7. License plate light shall be operational (California Vehicle Code §
24601).
8.12.8. Interior lights shall be OEM, operational, and set to automatically
activate when passengers are entering or exiting the taxicab.
8.12.9. Light lenses must be OEM, intact and contain no holes or large
cracks.
8.13. Markings.
8.13.1. Exterior markings shall consist of Permittee's Company name,
phone number, body number and other OCTAP approved logo.
Such exterior markings shall be properly and neatly placed and
easy to read (in contrasting colors).
8.13.2. Permittee's Company name shall be placed on each side of
Taxicab in letters not less than 3 inches in height (in contrasting
colors).
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.
1 6521231 Page 26
Pursuant to California Vehicle Code § 16020 through 16028.
8.18. Radio.
8.18.1. Taxicabs shall be equipped with a two-way radio or cellular phone
in working order.
8.19. Seat Belts.
Pursuant to California Vehicle Code § 27315. Additionally, Taxicab restraint
system shall be maintained to OEM specifications and shall be in good working order.
8.20. Steering and Suspension System.
Steering and suspension system shall be in good mechanical order. (California
Vehicle Code § 24002(a)(b)).
8.21. Taximeter and Meter Seals.
8.21.1. A taximeter in working order.
8.21.2. All taximeter seals shall be intact.
8.21.3. Taximeter shall be certified by the County Sealer of Weights and
Measures. The date 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 "Oeut of Sservice" status if the
taximeter is not working, the seals areis 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.
Page 27
8.22. Tires.
8.22.1. Pursuant to California Vehicle Code § 27465(b).
8.22.2. A jack, tire changing tool, and an inflated spare tire. A Company
may be exempted from this requirement upon proof that the
Permittee has a contract with a towing company and a policy in
place to send another Taxicab for the stranded passengers.
8.23. Windows.
8.23.1. Front and rear windshield per California Vehicle Code § 26710.
8.23.2. Safety glass shall be in all windows.
8.23.3. Windows shall be operational as originally designed.
8.23.4. No window tinting on windshield or front side windows per
California Vehicle Code § 26708. Furthermore, no window tinting
shall be allowed to the rear side or rear windows except for OEM.
8.24. Windshield Wipers.
Pursuant to California Vehicle Code § 26707.
8.25. Foot Pedal Pads.
OEM rubber pads on all foot controls. Pads shall not be worn or deteriorated to
the point that metal is showing.
8.26. California Vehicle Registration.
8.26.1. A valid registration per California Vehicle Code § 4462.
8.26.2. Registered as commercial Taxicabs per California Vehicle Code §
260.
8.26.3 Registered to the Permittee showing the same Permittee's name
and address armor registered to the OCTAP Permitted Driver
showing the same Permitted PeRflit 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:
IGiPage 28
l. �i_>:.l.
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.
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.
IGPage 29
i2.1'z..l.
D.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.
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.
Page 30
r>sz i �s i
9.613. Additional Operational Requirements.
Nothing in this Section shall prohibit OCTAP or an Agency from requiring a
Permittee or Driver to comply with such additional operational requirements for safe,
efficient and courteous service for the traveling public.
10. PERMIT FEES AND TAXICAB FARES.
10.1. OCTAP Permit Fees.
A fee schedule for OCTAP functions will be proposed by the OCTAP
Administrator, reviewed and recommended by the OCTAP Steering Committee, and
approved by the OCTA Board of Directors in the amount necessary to recover all costs
incurred by OCTA in the administration of OCTAP. The fee schedule adopted by the
OCTA Board of Directors is attached hereto as Attachment "1."
10.2. Taxicab Passenger Fares.
10.2.1. Initial Taxicab passenger fares have been adopted by OCTAP and
ratified by Resolution of each participating Agency.
10.2.2. Each Agency agrees to accept the passenger fare schedule
approved by the OCTAP Steering Committee, which is attached
hereto as Attachment "2." Each year the OCTAP Administrator will
conduct a study of comparable Taxicab fares and recommend a
passenger fare schedule to the OCTAP Steering Committee. In the
event the recommended passenger fare schedule includes any
revision(s) to the then current passenger fare schedule or in the
event the Steering Committee approves consideration of revision(s)
to the then current passenger fare schedule recommended by a
Steering Committee member, then the Steering Committee must
comply with the following procedure in order to approve any
revisions to the passenger fare schedule.
10.2.2.1. Introduction of Proposed Revised Passenger Fare
Schedule. The OCTAP Administrator may recommend a
revised 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
Page 31
schedule is first introduced and presented to the Steering
Committee. The Steering Committee shall set a public
hearing to receive comments from the public regarding the
proposed revised passenger fare schedule. The public
hearing may be set for the next regularly scheduled quarterly
meeting date of the Steering Committee, or another time
and place not less than forty-five (45) days from the date of
introduction of the proposed revised passenger fare
schedule.
10.2.2.3. -Notice of Public Hearing. Immediately after the Steering
Committee sets the time and place of the public hearing, the
OCTAP Administrator shall notify OCTA Staff, the City
Manager of each participating Agency, Taxicab Company
Permittees , and representatives of the
Orange County Tourism Industry, and shall post and publish
a public notice of the public hearing in a newspaper of
general circulation in the County of Orange at least once,
but no less than fifteen (15) days prior to the date of the
public hearing.
10.2.2.4. Adoption. Following the public hearing, the Steering
Committee shall consider the proposed revised passenger
fare schedule along with any public testimony presented in
writing or orally at the time of the hearing. The Steering
Committee may adopt, modify or reject the proposed revised
passenger fare schedule. Any adopted revisions to the
passenger fare schedule shall become effective no less than
thirty (30) days following the adoption by the Steering
Committee.
10.2.2.5. Notice of Adoption. Immediately upon the adoption of a
revised passenger fare schedule, but no later than fifteen
(15) days thereafter, the OCTAP Administrator shall notify
OCTA Staff, the City Manager of each participating Agency,
Taxicab Company Perm itteesausine66 !:ce^ceec, 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, -lot no later than fifteen (15)
days subsequent to the date of adoption.
10.2.2.6. Majority Vote Required. Any action by the Steering
Committee to adopt a revised passenger fare schedule shall
require adoption by an affirmative vote of a majority of all
members of the Steering Committee representing a
IPage 32
6521.231.1.
participating Agency, regardless of the number of such
members present and voting.
10.3. Refund Policy.
There shall be no refund of any portion of the fees described in the OCTAP
Regulations.
11. NON -PERMITTED TAXICAB OPERATION AND ADVERTISING
11.1. Purpose.
The purpose of this section is to implement the administrative regulation of S.B.
1519 (Chapter 721, 2008 Statutes), which added Sections 53075.7 and 53075.9 to the
California Government Code pertaining to non -permitted taxicab operations (bandit
cabs) and advertising.
11.2. Information Warranting an Investigation.
11.2.1. The following information, which if provided by member Agency or
OCTAP staff, law enforcement, or a member of the public, will be
deemed sufficient to warrant an investigation to determine whether
OCTAP should commence proceedings against the alleged illegal
operation of a Taxicab or an alleged violation of the advertising
requirements of California Government Code Section 53075.9:
11.2.1.1. As to the alleged illegal operation of a Taxicab, the
date, time and location of the alleged illegal
operation, and information indicative of a Taxicab
operation (such as advertising a Taxicab service on
the vehicle and/or picking up passengers at a location
reserved for Taxicab service or other such indicative
information); information pertaining to the type of
vehicle involved (sedan, van, station wagon), the
vehicle's license plate number, color, make, model,
and any distinctive characteristics, if any (such as
signs, markings, condition or visible damage to the
vehicle). The absence of distinctive characteristics
shall not be a basis for not pursuing an investigation
into the alleged illegal operation of a Taxicab.
11.2.1.2. As to an alleged violation of Government Code
Section 53075.9 pertaining to advertising, a copy or
exemplar of the advertising information (such as the
sign, business card, advertising display, webpage,
Page 33
electronic recording or phone directory) evidencing
non-compliance with the statute.
11.2.2. The person providing the information
shall provide his/her identity and
administrative proceedings pertaining
identity of members of the public shall
Records Act requests, but shall be
whom the proceedings are brought.
11.3. OCTAP Administrator Review and Authority.
in subsection 11.2.1 above
be available to testify in
to the alleged violation. The
not be released under Public
available to parties against
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
Page 34
once each month in a fund established for the purpose of enforcing
the provisions of this Section.
12. APPEAL
12.1. Notice of adverse action.
In the event a permit is proposed to be denied, suspended revoked, or a penalty
imposed, the applicant, Permittee or Driver shall be notified in writing of the proposed
adverse action and the reason(s) supporting it.
12.2. Notice of appeal.
No later than ten (10) days following the date on the notice of proposed adverse
action, the applicant, Permittee, or Driver may submit a written appeal on a form
provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the
reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a
waiver of the right to an appeal.
12.3. Stay.
Except as provided in Section 12.4, once an appeal is filed, the proposed
adverse action shall be stayed pending the final determination on appeal.
12.4. Stay, exception.
If, in the OCTAP Administrator's opinion, the continued operation of a Taxicab,
possession of a Company Permit, or possession of a Driver Permit represents a health
or safety hazard for the public, the adverse action shall not be stayed pending the final
determination on appeal.
12.5. Initial review of appeal.
If an appeal is timely filed, the OCTAP Administrator shall either make the final
decision regarding the appeal or shall assign a hearing officer to make the final decision
regarding the appeal. The OCTAP Administrator may review the appeal and any
additional information provided therein and shall have the discretion to determine the
appropriate action in response to the appeal.
12.6. Hearing Officer.
In the event the OCTAP Administrator elects to assign a hearing officer to decide
the appeal then the following shall apply:
12.6.1. The hearing officer shall not be an OCTA employee;
Page 35
12.6.2. The hearing officer shall expeditiously schedule the appeal hearing.
12.6.3. The appellant and the OCTAP Administrator or the Administrator's
designee shall each have the right to appear in person and be
represented by legal counsel or other representative, to present
evidence, to call and cross-examine witnesses under oath, and to
present argument.
12.6.4. The formal rules of evidence shall not apply, and any relevant
evidence that is the sort of evidence upon which responsible
persons are accustomed to rely in the conduct of serious affairs
shall be admissible.
12.6.5. Hearsay evidence may be considered by the hearing officer, but no
findings may be based solely on hearsay evidence unless
supported or corroborated by other relevant and competent
evidence.
12.6.6. The OCTAP Administrator may promulgate supplementary rules
and procedures for the conduct of the hearing, the forms of notice
and proceedings, and the preparation and submission of the
record. , ..
12.6.7. The hearing officer shall have the discretion to determine the
appropriate action in response to the appeal.
12.6.8. The decision of the hearing officer shall be the final administrative
remedy and shall be binding upon the parties to the appeal.
12.6.9. If the hearing officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to the OCTAP
Administrator.
13. AMENDMENT(S) TO REGULATIONS
13.1. Administrative Amendment(s).
The Steering Committee may adopt administrative amendment(s) to the OCTAP
Regulations. OCTAP shall forthwith notify each Agency and the OCTA Board of
Directors of any changes adopted pursuant to this section.
13.2. Substantive Amendment(s).
Notwithstanding section 13.1 above, the Steering Committee is not authorized to
adopt substantive amendment(s) to the OCTAP Regulations. Substantive
amendment(s) shall be recommended by the Steering Committee and substantive
Page 36
amendment(s) must be approved by each Agency and shall be effective only in the
Area of Jurisdiction of each Agency that has approved the amendment(s). For
purposes of this section, a substantive amendment is defined as an amendment likely
to have any of the following effects:
13.2.1. Affect the rights, responsibilities, and participation of any Agency
(such an amendment must also be approved by the OCTA Board
of Directors); or
13.2.2. Decrease the number of Companies or the number of Taxicabs
operating in the Area of Jurisdiction of any Agency; or
13.2.3. Affect the purpose of the OCTAP Regulations.
13.3. OCTAP Permit Fees and Taxicab Passenger Fares.
13.3.1. Sections 13.1 and 13.2 above shall not apply to an amendment to
the OCTAP fee schedule, attached hereto as Attachment I," which
is adopted by the OCTA Board of Directors.
13.3.2. An amendment of the Taxicab passenger fares attached hereto as
Attachment "2" and adopted pursuant to Section 10.2.2.6 of these
Regulations shall be considered an administrative amendment
pursuant to Section 13.1 in order to ensure uniformity of fares
within Orange County.
--End of Regulations --
IPage 37
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
TaxicabVeh+sle Permits (per vehicle) - Annual
TaxicabVeh'Gle Permit (includes inspection) $371.00
Taxicab Vehicle Re -inspection
(After a failed inspection - minor item. "Must Repair" Vehirle SeFvlGe)
$62.00
(After a failed inspection - major item. "Vehicle Out of Service_') $140.00
TaxicabVe#isle Re -inspection (after a "no show" for appointment") $371.00
TaxicabVehiEle Permit Transfer $50.00
Replacement Taxicab isle Permit $50.00
Late Fees (Per business day late) $27.00
TaxicabVehlsle Permits (per vehicle) - Random
TaxicabVebiele Re -inspection
(After a failed inspection - minor item. "Must Repair" Vehirle in SeFviGe)
$62.00
(After a failed inspection - major item. I'Vehlcle Out of Service'_) $140.00
TaxicahVPhisle Re -inspection (after a "no show" for appointment") $371.00
Driver Permits — Annual'
Annual Driver Permit $99.00
Replacement Driver Permit $13.00
Transfer of Driver Permit (to another company) $18.00
Re -instatement of existing permits $18.00
Late Fees (Per business day late) $27.00**
' Fees shown are paid to OCTAP. Additional fees are paid by driver for drug testing, photographs,
fingerprinting, and/or background check.
Page 38
*Applies to Annual Vehicle Permits Only. Fifteen (15) Days Maximum.
**Applies to Annual Driver Permits Only. Four (4) Days Maximum.
Attachment 1 Page 39
Attachment 2
1 652123-1.1511784
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.
Page 40
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
warninglrevoke
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)
6.15.1, 4 (OCTAP non compliance)
7.2.1 (No taxicab vehicle permit)
7.3.1 (Random inspection –non coop)
8.1 (Unsafe vehicle operation)
8.10.3 (Permit not displayed)
11.2 (Non -permitted taxi operation/
Advertising)
$100
$100
$500
$250
$250
$50
$250/50011000/
3000/5000
warning/3 day
suspension
warning
warning/revoke
warninglrevoke
5 day suspension
of driver+vehicle
5 day suspension
of vehicle+driver)
warning/3 day
suspension
penalty for 1s` thru
e and subsequent
violations in 24
months (excluding
cost assessment)
Fillechedule Page 41 1/08/2009
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