HomeMy WebLinkAboutCC RES 99-13 RESOLUTION NO. 99-13
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
2
CALIFORNIA, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION
B PROGRAM REGULATIONS AND BUSINESS LICENSE FEE
4
WHEREAS, Government Code Section 53073.5 requires the City to adopt an
5 ordinance or resolution in regard to taxicab transportation service within the City, including
S regulation of employment of taxicab drivers, establishment or registration of rates for
taxicab transportation service, and a drug and alcohol testing program; and
7
WHEREAS, the City of Tustin has entered into an interagency agreement with the
8 Orange County Transportation Authority (OCTA) in which the City agreed to participate in
the Orange County Taxi Administration Program (OCTAP) and the Orange County
Transportation Authority agreed to provide the staff and administrative services necessary to
10 implement the program; and
11 WHEREAS, OCTAP has also established certain regulations for taxicab drivers,
insurance, equipment, mechanical condition, and other aspects of taxicab operations,
12 designed to protect the health, safety, and welfare of persons utilizing taxicab services in
member cities; and
13
It_ WHEREAS, OCTAP will provide all services necessary for the City to comply with
Government 'Code Section 53075.5 regarding regulation of taxicab transportation services
15 within the City; and
I6 WHEREAS, the City Council has reviewed and approves the regulations established
17 by OCTAP;
18 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin, California, does hereby:
19
1. Adopt the regulations as established by OCTAP, attached hereto as Exhibit 1 and
20 incorporated herein by this reference;
21 2. Authorize the OCTA to 'establish fees for OCTAP permits and other services not to
exceed the cost of administering the program;
~ 3. Authorize the City Manager or his designee to approve minor modifications to the
rates of fare and regulations as established by OCTAP; and
2,3 4. Approve a business license fee for taxicabs as set forth in the business license fee
schedule attached hereto as Exhibit 2; and incorporated herein by this reference.
PASSED AND ADOPTED the 1st day of February 1999.
9-7 Thomas R. Sal~m(elli
Mayor
28 ATTEST:
City Clerk .
EXHIBIT~ 1
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
1. PURPOSE
1.1. These regulations implement the provisions of the taxicab
ordinances, as passed by City Council of each OCTAP participating City, and
regulate taxicab service within the City.
2. DEFINITIONS
2.1. "Ddver" means a person who ddves or controls the movements of a
taxicab.
2.2. "Driver Permit" means a valid permit issued by OCTAP authorizing
a person to drive or control the movements of a taxicab.
2.3. "OCTA" means the Orange County Transportation Authority.
2.4. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
2.5. "Company" includes natural person, firm, association, organization,
partnership, business, trust, corporation or public entity.
2.6. "Taxicab" means a vehicle capable of carrying not more than eight
persons, excluding the driver, and used to carry passengers for hire. The term
shall exclude a vehicle operating as a Charter Party Carder licensed as such by
any state agency, including the Public Utilities Commission, or any other vehicle
having- a Certificate .of Public Convenience and Necessity issued by any state
agency, including the Public Utilities Commission.
2.7. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a company to operate a taxicab business in any participating city
which allows the company to serve that city.
2.8. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab.
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TAXICAB REGULATIONS OF THE O
ORANGE COUNTY TAXI ADMINISTRATION
3. TAXICAB BUSINESS PERMITS
3.1. No company shall operate a taxicab business within the City
without having first obtained a Taxicab Business Permit from OCTAP.
3.2. A Taxicab Business Permit shall be issued from OCTAP if the
following conditions have been satisfied:
3.2.1. Submission of a completed Taxicab Business Permit
application;
3.2.2. submission of a copy of applicant's drug and alcohol policy
meeting OCTAP requirements;
3.2;3. submission of evidence of insurance, in full force and effect,
in such form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of Califomia, insuring the applicant
against loss by reason of injury or damage that may result to persons, including
taxicab passengers, or property, from the negligent operation or maintenance of
such taxicab. Applicant shall provide a Certificate of Insurance showing that the
applicant is insured for minimum combined single limit of. one million dollars
($1,000,000) for the injury or death of one or more persons in the'same accident,
and one hundred thousand dollars ($100,000) for injury or destruction of
property. In addition, applicant shall direct the insurance company to provide to
OCTAP certified copies of Endorsements to the .insurance policy 1 ) naming the
cities participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, its Officers, Directors, Employees and
Agents as additional insureds; and 2) indicating that coverage shall not be
reduced, terminated or canceled without thirty (30) days' prior written notice to
OCTAP. OCTAP reserves the right to request certified copies of all related
insurance policies;
3.2.4. submission of financial documents and other information as
required by OCTAP; .
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
3.2.5. submission of Department of Motor Vehicles (DMV) Pull
Notice Program Requester Code Number issued to applicant, as defined in
Vehicle Code Section 1808.1. Company is required to immediately notify the
OCTAP Administrator if it receives a DMV Pull Notice on one of their ddvers
which would affect the driver's OCTAP Driver Permit. In the event the ddver's
DMV'record indicates he/she no longer qualifies for a Ddver Permit, company
shall require ddver to turn over Ddver Permit to company. Company shall return
the Driver Permit to the OCTAP Administrator. DMV Pull Notice records shall be
made available to the OCTAP Administrator upon request.
3.2.6~ submission of proof of current California Department of
Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit
application. All vehicles listed in the Taxicab Business Permit application shall be
registered to the applicant;
3.2.7. every owner, partner or principal officer of applicant has
submitted to fincJerprinting by the Orange County Sheriff's Department;
3.2.8. every owner, partner or principal officer of applicant' has
successfully cleared a local background check; and
3.2.9. submitted payment of all applicable fees including but not
limited to background check fee, Taxicab Business Permit application. fee,
Taxicab Vehicle Permit application fee, etc.
3.3. A Taxicab Business Permit shall 'be denied if any owner, partner or
principal officer of applicant fulfills any of the following grounds for denial:
3.3.1. Under the age of 18 years.
3.3.2. Falsification of matedal information on application for
Taxicab Business Permit-within the past one (1) year.
3.3.3. Registered sex offender pursuant to California Penal Code
Section 290.
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3.3.4. On formal probation or parole for any offense outlined in
Section 3.3 of these regulations.
3.3.5. Conviction (or plea of guilty or nolo contendere) in any state-
for any of the following: murder; robbery; pandering; pimping; crimes related to
the sale or transportation of controlled substances; crimes involving the use of a
weapon; or any other offense involving moral turpitude or any crime that is
substantially related to the qualifications, functions or responsibilities of a taxi
owner.
3.3.6. Conviction (or plea of guilty or nolo contendere) in any state
for a felony other than those listed in the previous section within eight (8) years
of application.
3.3.7. Any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or any final administrative determination of
a violation of any-statute, ordinance, or regulation reasonably and rationally
pertaining to the same or similar business operation which would have resulted
in suspension or revocation of the Taxicab Business Permit under these
regulations.
3.4. At the time the Taxicab Business Permit application is submitted,
applicant shall provide to OCTAP a list of drivers authorized to operate the
vehicles identified in the Taxicab Business Permit.
3.4.1. Permittee shall provide OCTAP with notice by fax within 72
hours in the event that any ddver listed in the Taxicab Business Permit is no
longer authorized to operate a vehicle identified in the Taxicab Business Permit.
3.5. Upon company's successful satisfaction of the conditions listed
above, company shall be issued an OCTAP Taxicab Business Permit.
3.6. Once OCTAP issues a Taxicab Business Permit, the company
must then be authorized by the City and must pay any applicable business
license tax before. operating in the City.
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ORANGE COUNTY TAXI ADMINISTRATION
3.7. A Permittee may add additional drivers to its 'list of drivers
authorized to operate the vehicles identified in the Taxicab Business Permit,
provided that:
3.7.1. Permittee has submitted to OCTAP an Intent to Hire/Intent
to Lease a Taxicab form identifying the driver as being employed or given a
written offer of employment or as .being a self-employed independent contractor
or the company; and
3.7.2. the driver to be added has been issued a Ddver Permit by
OCTAP which states the driver is affiliated with the Permittee and identified as
either an employee or leased driver.
3.8. The Taxicab Business Permit is valid for one (1) year from the date
of its issuance unless sooner suspended or revoked.
3.9. At least thirty (30) days prior to expiration of the Taxicab Business
Permit, the Permittee should submit an application for renewal of its Taxicab
Business Permit pursuant to Section 3 of these regulations.
3.10. A Taxicab Business Permit may be suspended or revoked by the
OCTAP Administrator for the following reasons:
3.10.1.' Providing false or inaccurate information in the
Taxicab Business Permit application; or
3.10.2. Allowing operation of a taxicab by a person not in
possession of a valid Driver Permit stating that the ddver is affiliated with the
company; or
3.10.3. Failure to comply with the applicable provisions of
these regulations; or
3.10.4. Failure of authorized' ddvers to comply with the
applicable provisions of these regulations; or
3.10.5. Operation of any taxicab at a rate of fare higher than
those fares adopted by the City; or
5 ~999 Regu~auo.,~ ~r20~3
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION'
3.10.6. Failure to cooperate with local agency law
enforcement, code enforcement officer's, and/or OCTAP staff.
3.11. in lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
3.12. A Taxicab Business Permit applicant may appeal a permit denial,
suspension or revocation in accordance with the appeal provisions set by
OCTAP.
4. VEHICLE INSPECTIONS
4.1. Upon issuance of a Taxicab Business Permit and prior to
operating, Permittee shall bring each vehicle listed in the Permit to. the OCTAP
facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle
inspections a't the operators facility.
4.2. Upon meeting all requirements and passing the vehicle inspection,
OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for each
approved vehicle. The Taxicab Business Permit sticker shall immediately be
affixed to the left-hand corner of the rear windshield of the vehicle for which the
sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year.
4.3. Vehicles that fail a vehicle inspection shall pay the re-inspection fee
and be presented for re-inspection after the identified corrections have been
made. If such corrections have been made and if the vehicle otherwise complies
with these vehicle inspection standards, a Taxicab Vehicle Permit shall be
issued.
4.4. In addition to the initial and annual vehicle inspection, all taxicabs
operated under OCTAP shall submit to on the road or random inspections by
OCTAP inspectors or authorized city peace officers and code enforcement
officials when requested. Failure to submit to an inspection may result in
suspension of the Taxicab Vehicle Permit. The OCTAP inspector .shall complete
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an inspection report at the time of inspection which shall indicate, in the opinion
of the OCTAP inspector, what repairs, if any, need to be made to the vehicle.
One copy of the report shall be given to the driver. OCTAP shall mail a copy of
the report to the company to whom the vehicle· is registered.
4.4.1. If the inspection report indicates 'the need for' repairs to a
vehicle, the company is required to bdng the vehicle to OCTAP for re-inspection
within the time frame provided in the report to verify that the required repairs
have been made. A re-inspection fee shall be required at time of re-inspection.
4.4.2. !n the event that repairs have not been made to a vehicle
within the time frame provided for in the report, the Taxicab Vehicle Permit
sticker shall be suspended until corrections have been made to the Satisfaction
of OCTAP or revoked,
4.5. Permittee may replace any of the vehicles listed in the Taxicab
Business Permit with another vehicle upon satisfaction of the following
conditions:
4.5.1. Surrender, of the vehicle to be replaced to OCTAP for
removal of the Taxicab Vehicle Permit sticker;
4.5.2. successful passing of a vehicle inspection by the
replacement vehicle; and
4.5.3. payment of Taxicab Vehicle Permit transfer fee.
4.6. Upon satisfaction of the conditions stated above, OCTAP shall
delete the vehicle identification number of the vehicle to be replaced in the
Taxicab Business Permit and add the vehicle identification number of the
replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for
the replacement vehicle that shall be valid for the term remaining under the
Taxicab Vehicle Permit sticker of the replaced vehicle.
4.7. The Taxicab Vehicle Permit shall be renewed annually by bringing
each vehicle listed in the permit application to the. OCTAP facility for a vehicle
7 · 1999 Regu~Uons
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
inspection and paying all applicable fees. OCTAP may, at its discretion, conduct
vehicle inspections at the operator's facility.
4.8. Upon the successful completion of the vehicle inspection, OCTAP
shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for
each of the vehicles registered in the Taxicab Business Permit.
5. DRIVER PERMITS
5.1. No person shall drive a taxicab within an OCTAP city without
having first obtained either a temporary or a permanent Driver Permit from
OCTAP.
5.2. A temporary Driver Permit may be obtained from OCTAP, provided
that the prospective driver has satisfied the following conditions:
5.2.1. submitted a completed Driver Permit application that is
signed by a representative of the OCTAP-approved taxicab company the driver
intends to work for;
5.2.2; submitted the Driver Permit application fee;
5.2.3. presented a valid California Driver License;
5.2.4. submitted two current 2" x 2" professional quality color
photos (passport photos) of the applicant;
5.2.5. successfully passed 'a drug and alcohol screening test within
the previous 30 days in compliance with California Government Code Section
53075.5 (b) (3);
5.2.6. submitted to fingerprinting by the Orange County Sheriff's
Department;
5.2.7. successfully cleared a local background check and
possesses a valid California Driver License; and
5.2.8. submitted payment of all applicable fees, including the
background check fee and Driver Permit application fee.
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.3. The temporary Driver Permit shall be valid for 90 days and shall be
replaced by a permanent Driver Permit within such 90 days unless extended by
OCTAP for a specified period.
5.4. A permanent Driver Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5. A permanent Driver Permit is valid one (1) year from the date the
temporary Permit was issued, unless sooner suspended, revoked or otherwise
terminated.
5.6. A driver who has been issued an OCTAP Driver Permit may only
pick up passengers in those cities that have authorized the company he/she
represents.
5.7. At least ten (10) working days prior to expiration of the Ddver
Permit, the driver should re-apply for a Driver Permit pursuant to Section 5 of
these regulations.
5.8. All Driver Permits issued by OCTAP, including temporary Driver
Permits, shall be valid only for the driver in operation of a taxicab for the
company 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.
5.9 Taxicab drivers must have a valid taxicab Driver Permit in their
immediate possession at all times while operating a taxicab.
5.10 Taxicab drivers shall not use or hold in their possession another
person's OCTAP Driver Permit..
5.11. A replacement for a lost Driver Permit may be obtained from
OCTAP, provided that the driver has satisfied the following conditions:
5.11.1. submitted a replacement Driver Permit form along
with the Driver Permit replacement fee; and
5.11.2.. provided two current 2" x 2" professional quality color
photos (passport photos).
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
5.12. The replacement Driver Permit shall expire on the same date as
the replaced Permit.
5.13 A driver may transfer his/her permit to another taxicab company
provided that the driver has satisfied the following conditions:
5.13.1 completed a driver permit application that is signed by
an authorized representative of an OCTAP approved taxicab company;
5.13.2 successfully passed a drug and alcohol screening test
within the previous 30 days;
5.13.3 submitted the Driver Permit transfer fee;. and
5.13.4 submitted two current 2" x 2" professional quality
color photos (passport photos) of the 'applicant.
5.14. A Driver Permit applicant may appeal a permit denial in accordance
with the appeal provisions set by OCTAP.
5.15. A Driver Permit shall be denied if applicant meets any of the
following grounds for denial:
5o 15.1. Under the age of 18 years.
5.15.2. Does not possess a valid California Driver License
(Class C).
5.15.3 Failure to test negative for drugs and/or alcohol as
required in section 5'.2.5. Upon testing positive for drugs and/or alcohol, the
applicant shall not be eligible to reapply for a Ddver Permit for a pedod of six
months from the drug screen date.
5.15.4. Falsification of, or failure to disclose, matedal
information on application for Ddver Permit within the past one (1) year.
5.15.5. Required to register as a sex offender pursuant to
California Penal Code Section 290.
5.15.6. On formal probation Or parole for any offense outlined
in Section 5.15 of these regulations.
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.15.7. Any conviction (or plea of guilty or nolo contendere),
regardless of the time elapsed, in any state, of any of the fallowing or.their
equivalent: murder;, a violation of California Vehicle Code Section 28002
(pertaining to disregard for safety of persons. or property), Section 2800.3
(pertaining to flight from peace officer causing death or bodiiy injury) or Section
20001 (pertaining to duty to stop at scene of accident); robbery; panderfrKJ;
pimping; crimes related to the use~ sale, possession, or transportation of-
controlled substances; crimes invoh/!ng weapons; any crime for whtch
registration would be required under Califomia Penal. Code Section 290; or any
other offense involving moral turpitude or any crime that is substantially relalz, d
to the qualffications, functions or respons~iliUes of a taxi driver
5.16.8. Convfction of any felony in any state (or plea of guilty
or nolo contendere), other than those felonies listed in Section 5..15.7, within
eight (8) years of application.
5.15.9. Conviction (or plea of 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 ~ght from peace officer); Section
20002 (pertaining to duty where property damegel), Section 20003 (pertaining
to duty upon injury or death) or any corresponding substitute sadions; vehicular
manslaughter, and Penal Code Sections 240, 241, 242, and 243 or any
corresponding substitute sections pertaining to assault and battery.
5.16. A Driver Permit may be suspended or revoked by the OCTAP
Administrator for the following masons:
5.16.1. Failure to comply with the applicable provisions of
these regulations;
5.18.2. Circumstances furnishing grounds for the denial,
revocation, or refusal to renew the Driver Permit as outlined in these regulations;
11 ~seeRegaac== ~r, va
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
5.16.3. Revocation or suspension of Permittee's California
Driver License;
5.16.4. Failure - to cooperate with local agency law
enforcement, code enforcement officers and/or OCTAP staff; or
5.16.5. Notification to OCTAP by the taxicab company that
the Permittee is no longer an authorized driver.
5.17. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
6. VEHICLE INSPECTION STANDARDS
6.1. The minimum vehicle standards are those of the California Vehicle
Code (CVC). All taxicabs shall meet all applicable standards of the Califomia
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 Section 6 herein. Vehicle must
be maintained tO standards at all.times.
6.1.1. Body Condition
6.1.1.1.. No body damage, frame damage, tears or rust
holes in the vehicle body and/or loose pieces hanging from the vehicle body are
permitted. Front and rear fenders, bumpers, hood, trunk, and trim shall be
securely fixed and shall be in correct alignment to the vehicle as OEM. Body
damage shall be defined as an unrepaired dent, distortion, depression, bulge,
tear, hole, or disfigurement.
6.1.1.2. The extedor of the vehicle shall be maintained
in a reasonably clean condition and shall be free of excessive dirt, tar, oil, and
rust
6.1.1.3 The vehicle paint shall not.-be faded, blistered,
cracked, checked, peeled, or scratched.
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TAXICAB REGULATIONS OF THE O
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6.1.2. Brake System
6.1.2.i. Per CVC 26453.
6.1.3. Climate Control
6.1.3.1. The Defroster must be operational per CVC
26712.
6.1.3.2 The air conditioning/heating units shall be
functional' at all times. The air discharged from the air conditioner interior vent
system shall be continuously cool. All air conditioning temperature controls and
functions shall operate as originally designed and manufactured with no knobs or
components broken or missing. Systems shall operate on all OEM speeds with
no excessive noise.
6.1.4. Exhaust System
6.1.4.1. Per CVC 27153.
6.1.5~ Fuel Tank Cap
6.1.5.1. Per CVC 27155.
6.1.6. Horn
6.1.6.1. Per CVC 27000.
6.1.7. Hubcaps
6.1.7.1. Hubcaps or wheel covers shall be of like style
and shall be on all wheels for which hubcaps are standard equipment.
6.1.8. Interior Condition
6.1.8.1. Passenger compartment,. driver compartment,
and trunk or luggage area shall be clean and free of foreign matter, offensive
odors and litter.
6.1.8.2. Seat upholstery shall be clean. Interior walls,
car:pet 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.
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
6.1.8.3. Door handles and doors shall be intact, clean
and operational. Each door shall be capable of being unlocked and opened .from
the intedor of the vehicle.
6.1.8.4. Dashboards shall be maintained in a manner'
that is clean and free of loose articles. Dashboards shall be free of: cracks,
holes, and tears.
6.1.9. Interior Information
6.1.9.1. A 4" x 6" information card shall be displayed in
plain view of all passengers at all times that .a taxicab is in operation.
6.1.9.2. The information card shall contain the following
information on the permit holder.' name, business address and telephone number
of the OCTAP-approved taxicab company; the name, address, and phone
number of the regulating agency (OCTAP) and rate schedule approved by the
6.1.9.3. The valid Driver Permit issued to the operating
ddver shall be in plain view of all passengers at all times that 'the taxicab is in
operation.
6.1.10. License Plates
6.1.10.1. Per CVC 5202.
6.1.11. Lights and Lenses
6.1.11.1. Headlights shall be operational on both high
and low beams (CVC 24400).
6.1.11.2. Tail lights shall be operational and the light
emitted be red in color (CVC 24600).
6.1.11.3. Emergency rashers shall be operational (CVC
24252).
6.1.11.4. Reverse lights shall be operational (CVC
24606(a)):
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TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAX! ADMINISTRATION
6.1.11.5. Turn signal lights shall be operational (CVC
24951(b)(1)).
6.1.11.6. Brake lights shall be operational (CVC
24603(b)).
6.1.11.7. License plate light shall be operational (CVC
24601).
6.1.11.8. Intedor lights shall be operational.
6.1.11.9 Light lenses must be intact and contain no
holes or large cracks.
6.1.12. Markings
6.1.12.1. Exterior markings: shall consist of company
name, phone number, body number and other OCTAP approved logo. Such
extedor markings shall be propedy and neatly placed and easy to read (in
contrasting colors).
6.1.12.2. Company name shall be placed on each side
of vehicle in letters not less than 3 inches in height (in contrasting colors).
6.1.12.3. Vehicle number shall be placed on each side
and rear of vehicle in numbers not less than 3 inches in height.
6.1.1 3. Mirrors
6.1.13.1. Per CVC 26709.
6.1.14. Muffler
6.1.14.1. Per CVC 27150(a).
6.1.1 5. Parking Brake
6.1.1 5.1. Per CVC 26451.
6.1.1 6. Proof of Insurance
6.1.16.1. Per CVC 1602Othrough 16028.
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TAXICAB REGULATIONS OF THE.
ORANGE COUNTY TAXI ADMINISTRATION
6.1.17. Radio
6.1.17.1. Vehicle shall be equipped with a two-way radio
or cellular phone in working order
6.1.18. Seat Belts
6.1.18.1. Per CVC 27315. Additionally, vehicle restraint
system shall be maintained to OEM specifications and shall be in good working
order.
6.1.19. Steedrig and Suspension System
6.1.19.1. Vehicle's steedng and suspension system shall
be in good mechanical order. '(CVC 24002(a)(b)).
6.1.20. Taximeter and Meter Seals
6.1.20.1. All vehicles shall have a taximeter in working
order.
6.1.20.2. All taximeters shall have intact meter seals.
6.1.20.3. Taximeters shall be certified by the County
Sealer of Weights and Measures~ The date on the seal shall not be more than
13 months old.
6.1.20.4. The taximeter shall be placed in the taxicab so
that the reading dial showing the amount of fare to be charged shall be well
lighted and easily read by the passenger.
6.1.20.5. A vehicle shall be placed out of service if the
meter is not working, the lead seal is broken or missing, or the approved rate of
fare is not being charged.
6.1.21. Tires
6.1.21.1. · Per CVC 27465(b).
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TAXICAB REGULATIONS OF THE
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6.1.21.2. Every vehicle shall be equipped with a jack,
tire changing tool, and an inflated spare tire. A company may be exempted from
this requirement upon proof the company has a contract with a towing company
and a policy in place to send another taxicab vehicle for the stranded
passengers.
6.1.22. Windows
6.1.22.1. Front and rear windshield per CVC 26710.
6.1.22.2. Safety glass shall be in all windows.
6.1.22.3 Windows shall be operational as originally
designed.
- 6.1.23. Windshield Wipers
6.1.23.1 Per CVC 26707.
6.1.24 Footpedal Pads
6.1.24.1 All vehicles shall be equipped with OEM rubber
pads on all foot controls. Pads shall not be worn or deteriorated to the point that
metal is showing.
6.1.25 Vehicle Registration
6.1.25.1 All vehicles must possess a valid registration
as per CVC 4462.
6.1.25.2 All vehicles must be registered as commercial
vehicles as per CVC 260.
7. APPEALS.
7.1. The Appeal Procedure for Denial, Suspension or Revocation of
Permit or Related Adverse Action is as follows:
7.1.1. in the event a permit is proposed to be denied, suspended
or revoked, the applicant/Permittee shall be notified in writing of the proposed
adverse action and reason(s) therefor.
17 ~999R~daU~ ~Z20~
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
7.1.2. Within ten (10) days of the date of the notice of proposed
adverse action, the applicant/Permittee shall submit a written appeal on a form
provided by OCTAP. The applicantJPermittee shall set forth in the appeal the
reasons why such action is not proper. Failure to file such an appeal within the
time frame indicated shall constitute waiver of the right to an appeal and the
proposed adverse action shall become final and any permit surrendered
immediately.
7.1.3. Except as provided in Section 7.1.4, once an appeal is filed,
the adverse action shall be stayed pending the final determination of the appeal.
7.1.4. If, in the OCTAP Administrator's opinion, the continued
operation of a taxicab vehicle or possession of a Driver Permit represents an
unsafe condition for the public, the adverse action shall not be stayed.
7.1.5. If an appeal is timely filed, the OCTAP Administrator shall
review the appeal, and based on additional information provided therein, may
revise his findings and penalty in accordance with the additional information
provided. In the alternative, the OCTAP Administrator may cause the appeal to
be assigned to a Headng Officer.
7.1.5.1. The OCTAP A~dministrator shall maintain a list
of qualified Hearing. Officers, who shall not be employees of OCTA, 'and shall
regularly rotate assignments based on availability of the proposed Hearing
Officers.
7.1.5.2. The Hearing Officer shall expeditiously
schedule the appeal hearing.
7.1.6. The appellant and the OCTAP Administrator or 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.
18 ~999 Regu~atk~r~ ~_r2!~99
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
7.1.6.1. The formal rules of evidence shall not apply,
and any r. elevant evidence that is the sort of evidence upon which responsible
persons are accustomed to rely in the conduct of serious affairs shall be
admissible.
7.1.6.2. Hearsay evidence may be considered by the
Hearing Officer, but no findings may be based solely on hearsay evidence unless
supported or corroborated by other relevant and competent evidence.
7.1.7. The OCTAP Administrator shall 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.
7.1.8. The decision of the Hearing Officer shall be the final
administrative remedy and shall be binding upon the parties to the appeal.
7.1.9. If the Hearing Officer decides to suspend or revoke a permit,
the appellant shall immediately surrender the permit to the OCTAP
Administrator.
8. REFUND POLICY
8.1. There shall be no refunds of any portion of the fees described in
these regulations.
9. ADMINISTRATIVE CHANGES TO REGULATIONS
9.1. OCTAP is authorized to make administrative changes to these
regulations upon wdtten notification to the City.
19 1999 Regulations 1/20/99
EXHIBIT 2
Orange County Taxi Administration Program (OCTAP)
Fee Structure
Company Permit
First Time Company Permit ............................$3,000
Annual Company Permit Renewal ....................$1,000
Vehicle Permits (per vehicle)
Vehicle Permit (inciudes inspection)- Annual .......$225
Vehicle Inspection -Re-inspect ..........................$37.50
Driver's Permits
Annual Driver Permit~ ........................................$75
Replacement Driver Permit .............................$10
Transfer of Driver Permit ..................................$10
Does not include cost of Department of Justice Background check or drug test.
01/25/99
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 99-13
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 1st day of February, 1999, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Stoker, City Clerk