HomeMy WebLinkAbout2/23/2005 - STAFF REPORTS (4) TAXI ADMINISTRATION
A DISCUSSION OF WHETHER THE CITY OF PALM
SPRINGS SHOULD BE THE TAXI REGULATOR FOR THE
COACHELLA VALLEY
CONTENTS
Potential Approaches to Taxicab Regulation
Components of a Regulatory System for Taxi Operators
Comparison of Taxi Regulators
Orange County Taxi Administration Program Quick Facts
Regulations of the Orange County Taxi Administration
Program
Palm Springs City Council
Study Session
February 23, 2005
POTENTIAL APPROACHES TO TAXICAB REGULATION
Convenience and Necessity Approach Permit Approach Franchise/Medallion Approach
Under this approach each city would be responsible Under this approach an individual city or other Similar type of regulatory system to the permit
for establishing and enforcing their own requirements governmental body(e.g,CVAG, Sardine)could approach,but instead of issuing permits an individual
and/or standards for taxi operators. Cities could use assume responsibility for the administration and city or other governmental body(e.g.,CVAG,
their existing business license system or permit system enforcement of specified standards for taxi operators Sunline)could grant a non-exclusive franchise to a
to regulate taxi operators.Taxi operators would have for the entire region. Taxi operators would be limited number of taxi operators.Franchises and/or
to comply with specific regulations as imposed by the required to comply with certain standards in order to medallions can be granted through a competitive or
City and maintain a valid business license and/or receive a permit to operate within the region. negotiated process. There are only a few cities in the
permit to operate within the community.This Currently,Sunline is the permitting authority for taxi United States that have this form of regulatory system:
approach has been historically used by cities in the operators within the Coachella Valley. These cities include:New York, San Francisco,and
Coachella Valley and is still the most widely used Boston.
regulatory system used by cities across the nation.
Advantages Advantages Advantages
• System already exists.Could be implemented • Provides uniformity and consistency • Similar to Permit Approach
immediately. throughout the region. • Provides even more control over taxi operators
• Minimal cost to City. • Protects customers by establishing uniform by creating a contractual relationship with
• Affords some regulation over industry without rates and customer service standards. City.
creating additional bureaucracy. • Can be used to limit the number of taxi
Disadvantages operators within a given area
Disadvantages • Costly to set-up and administer.
• No regional coordination. Standards could • Typically requires dedicated staffing to enforce Disadvantages
vary from city to city making enforcement regulations,conduct vehicle inspections,and • Similar to Permit Approach.
difficult. issue permits. • Places limits on compefifion—Can result in
• No rate control authority.Rates would likely • Creates a layer of bureaucracy. increased rates.
be market driven. . Is viewed negatively by industry--can be a . Doesn't provide taxi operator any incentive to
• Limited ability to set customer service source of tension. improve service.
ctandardc
Local Coordination Regional Coordination
4
COMPONENTS OF A REGULATORY SYSTEM FOR TAXI OPERATORS
The following list of basic components was compiled from the regulations
currently administered by Sunline. Sunline's total budget in fiscal year 2004-05
to regulate the taxi cab industry was $247,370. Although the City's actual cost to
take over the regulatory system for taxi cabs is unknown at this time, staff has
attempted through this document to provide a reasonable idea of the effort
involved and the potential costs.
■ Coordination of pre-permit/employment/renewal and random/reasonable
suspicion testing for controlled substances/alcohol (this requirement for
each taxicab operator usually involves at least 4 different tests annually for
verification of controlled substances; a similar type of service is currently
provided to Human Resources via a contract agreement for the City's 25
commercial driver permits; average cost per employee is $70 per test with
additional cost if follow up tests are needed. There are currently 191
known taxicab operators.
• Test applicants on knowledge or ordinances, taxi regulations and area
familiarity. A pre-employment written test is administered that covers each
of these areas; the drivers must pass this test in order to comply with this
ordinance.
• Issue vehicle and operator permits, collect fees, monitor insurance and
license requirements. There are numerous administrative functions
associated with this area, including enforcement and accounting
requirements. This will impact to numerous departments within the City.
Sunline indicates that a high percentage of the operators fail their required
inspections. Moreover, Sunline staff spends a significant amount of time
verifying and tracking down insurance certificates. Based on the City's
own experience with tracking insurance certificates for contracts, this
could be an extremely staff intensive function in of itself.
■ Monitor driver certification program to include testing, fingerprinting and
background investigation. This would require specialized equipment
which can be sued to do background investigations and a person trained
on how to do the investigation. Currently, the Police Department and
Airport have fingerprinting equipment which could be used to assist in this
process. However, the cost associated with providing additional staff and
supplies and/or other operational concerns have not been fully identified.
■ Resolve customer complaints. Depending on the nature of the complaints
and the subsequent follow up needed, this could be a potential liability in
that the taxicab industry as a whole has historically had issues ranging
from criminal activity to personal standards (i.e., hygiene, code of conduct,
etc.).
1
• Enforce regulations, administer disciplinary action and conduct appeals.
This would require full time effort to ensure the safety of the traveling
public. It would also impact law enforcement, operations and other areas
due to the continual need to monitor the activities and enforce compliance
of over 191 taxicab operators. It is not clear how this would apply to the
other cities, as there is no enforcement authority for other jurisdictions in
place other than through the JPA. This would not apply to operators who
do not pick up passengers in Palm Springs. Therefore, it is unknown who
would provide regulatory compliance in this case.
• Monitor taximeter accuracy certificates. Additional equipment, training
and personnel would be required in order to verify the taxi meters on a
regular basis. This can be time consuming and could lead to other
enforcement/regulatory issues.
• Conduct vehicle safety inspections. Vehicles are inspected by Certified
Mechanics under strict guidelines as required by ordinance. There is a
potential that personnel from the Fleet Operations Department could
provide this type of service, but it is unknown as to how this will affect
staffing and/or equipment expenses.
2
COMPARISON OF TAXI REGULATORS
Orange County SunLine Transit City of San Jose*
Taxi Administration Agency
Number- '- -al 34 cities and the County 9 cities and the County 1
A iencies Served-
Number of 18 20 12
Rermitted Companies
Number of. . 650 191 520
Permitted Taxi Cabs
WumberOV, 1000 319 500
:Permitted Dnvers
Number of°Agency 3 5 3 1.5
E`m to ees.FTE
Annual Agency- Operating $312,651 $247,370
'Bud et $493,612
Annual Agency Revenues: $312,651 $245,360 $97 625
Net Income`(Deficif) $0 $2,010 ($395,987)
*Excludes San Jose International Airport which regulates all modes of ground transportation separate from the City.
PROJECTED COST OF CITY BECOMING TAXI REGULATOR
Based on a 2004 study conducted by Schaller Consulting for the City of San Jose, the level of staffing required to
properly administer and enforce a regulatory system for taxi cabs is estimated at 1.3 employees (FTE) per 100
cabs: Using this figure and the total number of cabs operating in the Coachella Valley, the City would have to
have a minimum of 2.5 employees to administer a taxi cab program. The projected salary and benefit costs for
three employees (1 coordinator, 1 enforcement officer and a secretary position) is approximately $225,611. Other
operating costs such as supplies, contract services, and legal services are difficult to estimate. Based on
Sunline's current budget these costs are approximately $111,000 annually. Therefore, the City's total operating
costs could run in excess of$336,000 per year.
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The Orange County Transportation Two committees guide OCTAP policies.
Operational since "98
Authority(OCTA) began regulating The OCTAP Steering Committee is
taxi operations in January 1998 on comprised of one member from each Permitted taxi companies registered 17
behalf of participating Orange County participating city, a representative from Permitted taxi cabs 610
cities through the Orange County Taxi Permitted taxi cab drivers 882
Administration Program (OCTAP). !^r :"'.`t ;t
�f u Participating Agencies:
Offering centralized permitting of cab , .m {S 1 (110 oii0
•County of orange •All 34 Cities
companies, drivers and vehicles, OCTAP ;..,_-.--..--_._..,-__�..._..._.............._-__.__ .
has simplified Orange County
P g tY taxi cab �[�(14��.5fCd:3 1C✓� �.�i£ ---
regulations. Previously,each city regulated - € Issues company,vehicle and driver permits
cab companies, resulting in a complex _C }'� f "���{`" � Conducts vehicle inspections
system,muvmai standards and inadequate Monitors insurance requirements
service for passengers,Now that regulatory the tourist industry, and two taxicab
Meets with agencies,law enforcement and
functions are carried out by a single industry representatives.This committee cab companies
entity, customer service and industry guides OCTAP on policy issues.The
Coordinates with Safety and Steering Committees
standards have improved. OCTAP Public Safety Committee
is comprised of a law enforcement Reports illegal cab activities 3
r!'nyt:;",;:, representative from each participating city. Conducts public ouaeadi on taxi service 1
3
OCTAP does not generate any profit This committee guides OCTAP on issues Coordinates educational efforts with law
from the services it lenders.The cost of relevant to public safety. Both committees enforcement
administering the OCTAP program is meet quarte[ly.
covered by licensing fees.
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REGULATIONS
OF THE
ORANGE COUNTY
TAXI ADMINISTRATION
PROGRAM
[Revised 1/22/03, approved by the Steering Committee on 1/22/03]
[Additional amendments approved 7/21/041
198349
TABLE OF CONTENTS
1. PURPOSE AND SCOPE .....................................................................................1
1 .1. OCTAP.............................................................................................................. 1
1.2. Objective........................................................................................................... 1
1.3. Agency Legislative Independence and Authority Retained...............................2
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..............................................................................................................2
2.9. OCTAP Administrator. ......................................................................................2
2.10. Permittee.........................................................................................s.............2
2.11. Taxicab..........................................................................................................2
2.12. Taxicab Permit. .............................................................................................2
3. AGENCY AND OCTA PARTICIPATION.................. ...........—.............................2
3.1. Agency. .............................................................................................................2
3.2. OCTA................................................................................................................2
3.3. Mutual Indemnification. .....................................................................................2
4. ADMINISTRATIVE COMMITTEES......................................................................2
4.1 . Steering Committee. .........................................................................................2
4.2. Safety Committee. ............................................................................................2
5. COMPANY PERMITS..........................................................................................2
5.1. Company Permit required. ................................................................................2
5.2. Company Permit requirements. ........................................................................2
5.3. Bases for denial. ...............................................................................................2
5.4. Company drivers...............................................................................................2
5.5. New Company drivers.......................................................................................2
5.6. Issuance............................................................................................................2
5.7. Compliance with separate Agency requirements..............................................2
5.8. Term of Company Permit..................................................................................2
5.9. Company Permit renewal..................................................................................2
5.10. Company Permit suspension/revocation....................................................—2
5.11. Company Permit fines/suspensions. .............................................................2
5.12. Right to appeal. ..............................................................................................2
6. DRIVER PERMITS...............................................................................................2
6.1. Driver Permit required. ......................................................................................2
6.2. Driver Permit. ....................................................................................................2
6.3. Temporary Driver Permit...................................................................................2
6.4. Permanent Driver Permit. .................................................................................2
6.5. Term of Permanent Driver Permit. ....................................................................2
151178\3 Page II 1/22/03
6.6. Compliance with Agency Requirements. ..........................................................2
6.7. Renewal of Driver Permit. .................................................................................2
6.8. Driver Permit limitation. .....................................................................................2
6.9. Possession of Driver Permit required................................................................2
6.10. Possession of another person's Driver Permit prohibited..............................2
6.11. Replacement Driver Permit, ..........................................................................2
6,12. Expiration of replacement Driver Permit........................................................2
6,13. Driver Permit transferability to another Company..........................................2
6.14. Driver Permit Denial. .....................................................................................2
6.15. Driver Permit suspension/revocation.............................................................2
6.16. Driver Permit fine/suspension........................................................................2
6.17. Right to appeal. .............................................................................................2
6.18. Driver Permit Surrender.................................................................................2
7. TAXICAB PERMITS ............................................................................................2
7.1. Inspection..........................................................................................................2
7.2. Taxicab Permit. .................................................................................................2
73. Random inspections. ........................................................................................2
7.4. Re-inspection. ...................................................................................................2
7.5. Taxicab substitution. .........................................................................................2
7.6. Substituted Taxicab sticker. ..............................................................................2
7.7. Taxicab Permit renewal. ...................................................................................2
7.8. Taxicab Permit renewal sticker. ........................................................................2
8. TAXICAB INSPECTION STANDARDS ...............................................................2
8.1. Minimum standards...........................................................................................2
8.2. Body Condition..................................................................................................2
8.3. Brake System....................................................................................................2
8.4. Climate Control. ...............................................................................................2
8.5. Exhaust System. ...............................................................................................2
8.6. Fuel Tank Cap. .................................................................................................2
8.7. Horn. .................................................................................................................2
8.8. Hubcaps............................................................................................................2
8.9. Interior Condition...............................................................................................2
8.10. Interior Information. .......................................................................................2
8.11. License Plates. .............................................................................................2
8.12. Lights and Lenses. ........................................................................................2
8.13. Markings........................................................................................................2
8.14. Mirrors. ..........................................................................................................2
8.15. Muffler. ..........................................................................................................2
8.16. Parking Brake................................................................................................2
8.17. Proof of Insurance.........................................................................................2
8.18. Radio. ............................................................................................................2
8.19. Seat Belts......................................................................................................2
8.20. Steering and Suspension System. ................................................................2
8.21. Taximeter and Meter Seals. ..........................................................................2
8.22. Tires. .............................................................................................................2
8.23, Windows........................................................................................................2
151178\3 Page III 1/22/03
8.24. Windshield Wipers. .......................................................................................2
8.25. Footpedal Pads. ............................................................................................2
8.26. California Vehicle Registration. .....................................................................2
8.27. Vehicle Age. ..................................................................................................2
9. TAXICAB OPERATION .......................................................................................2
9.1. Direct routes......................................................................................................2
9.2. Receipt..............................................................................................................2
9.3. Solicitation.........................................................................................................2
9.4. Fares charged...................................................................................................2
9.5. Additional Operational Requirements. ..............................................................2
10. PERMIT FEES AND TAXICAB FARES...............................................................2
10.1. OCTAP Permit Fees......................................................................................2
10.2. Taxicab Passenger Fares..............................................................................2
11. REFUND POLICY................................................................................................2
12. APPEAL...............................................................................................................2
12.1. Notice of adverse action................................................................................2
12.2. Notice of appeal. ...........................................................................................2
12.3. Stay. ..............................................................................................................2
12.4. Stay, exception........... ...................................................—............................2
12.5. Initial review of appeal...................................................................................2
12.6. Hearing Officer. .............................................................................................2
13. AMENDMENT(S) TO REGULATIONS ................................................................2
13.1. Administrative amendment(s)........................................................................2
13.2. Substantive amendment(s). ..........................................................................2
13.3. OCTAP permit fees and taxicab passenger fares. ........................................2
Attachment 1—FEE STRUCTURE ........................................................................... B
Attachment 2—FARE RATES .................................................................................. B
151178\3 Page N 1/22/03
I. 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
151178\3 Page 1 1/22/03
specifically provided for in these regulations as currently in place or as
amended, shall remain within the authority and jurisdiction of each
Agency.
1.4. Implementation.
These regulations implement the provisions of the Taxicab ordinances,
resolutions and regulations adopted by the legislative bodies of each OCTAP
participating Agency, and regulate taxicab service within the Area of Jurisdiction of each
such Agency.
2. DEFINITIONS
2.1. Agency.
"Agency" means each City and the County of Orange, which participate in
OCTAP.
2.2. Area of Jurisdiction.
"Area of Jurisdiction" of each Agency means the area within the boundaries of a
City, or for the County means the unincorporated area of the County, including John
Wayne Airport.
2.3. Company.
"Company" includes a natural person, firm, association, organization,
partnership, business, trust, corporation, or public entity.
2.4. Company Permit.
"Company Permit" means a valid permit issued by OCTAP, authorizing a
Company to operate a Taxicab business in any participating Agency which allows the
Company to serve that Agency.
2.5. Driver.
"Driver" means a person who drives or controls the movements of a Taxicab.
2.6. Driver Permit.
"Driver Permit" means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a Taxicab.
2.7. OCTA.
151178\3 Page 2 1/22/03
"OCTA" means the Orange County Transportation Authority.
2.8. OCTAP.
"OCTAP" means the Orange County Taxi Administration Program administered
by the Orange County Transportation Authority.
2.9. OCTAP Administrator.
"OCTAP Administrator" means an OCTA employee who will manage and
supervise all OCTA responsibilities set forth in the OCTAP Regulations.
2.10. Permittee.
"Permittee" means a company which holds a valid Company Permit.
2.11. Taxicab.
"Taxicab" means a vehicle capable of carrying not more than eight persons,
excluding the Driver, and used to carry passengers for hire. The term shall exclude a
vehicle operating as a Charter Party Carrier licensed as such by any state agency,
including the Public Utilities Commission, or any other vehicle having a Certificate of
Public Convenience and Necessity issued by any state agency, including the Public
Utilities Commission.
2.12. Taxicab Permit.
"Taxicab Permit" means a valid permit issued by OCTAP, authorizing a particular
vehicle to be operated as a Taxicab.
3. AGENCY AND OCTA PARTICIPATION
3.1. Agency.
Each Agency that joins OCTAP shall:
3.1.1. Participate as a member of OCTAP and provide no less than twelve (12)
months written notice to OCTAP prior to withdrawing from OCTAP.
3.1.2. Appoint its City Manager, Executive Officer, or their designee, to
participate as members of the OCTAP Steering Committee.
3.1.3. Appoint its Chief of Police, County Sheriff, or their designee, to participate
as member of the OCTAP Public Safety Committee.
151178\3 Page 3 1/22/03
3.1.4. Adopt and enforce a Taxicab ordinance or resolution consistent with the
regulations herein, and use such ordinance or resolution as the exclusive
method of regulating taxicabs within its Area of Jurisdiction.
3.1.5. Enforce, and if necessary, prosecute all violations of its Taxicab ordinance
or resolution and the regulations herein.
3.1.6. Notify OCTA in writing of any regulation, Taxicab Company limitation,
Taxicab Driver limitation, Taxicab limitation, or more stringent regulation,
within its jurisdiction with respect to any permitting or operational standard
for Taxicab business operations.
3.1.7. Notify OCTA of any public complaint pertaining to permitted Taxicab
Companies, Taxicabs, and Taxicab Drivers within its jurisdiction.
3.2. OCTA.
OCTA shall provide the services described in the OCTAP Regulations on behalf
of each Agency that adopts an ordinance or resolution adopting the OCTAP
Regulations and shall:
3.2.1. Provide staff and administrative services necessary to implement and
enforce the OCTAP Regulations.
3.2.2. Collect license and permit fees to offset the costs of administering
OCTAP.
3.2.3. Provide participating Agencies no less than twelve (12) months written
notice prior to withdrawing from OCTAP.
3.2.4. Provide administrative services on behalf of each Agency, but shall not
assume liability for the performance of Taxicab Companies, Taxicab
Drivers, or Taxicabs.
3.2.5. Not be responsible for the enforcement of Agency ordinances or
resolutions except as provided for herein.
3.3. Mutual Indemnification.
OCTA and each Agency shall save, indemnify, defend and hold harmless each
other from any and all liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or any injury or
damage of any kind whatsoever, whether actual, alleged or threatened, actual
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
151178\3 Page 4 1122103
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, and shall include
two representatives of the permitted taxicab companies chosen by all
permitted taxicab companies, and one representative of the tourist
industry in Orange County.
4.1.2. The OCTAP Steering Committee will meet quarterly to advise OCTA on
Taxicab regulation implementation.
4.2. Safety Committee.
4.2.1. The OCTAP Safety Committee shall consist of the Police Chief, County
Sheriff, or their designee, from each participating Agency.
4.2.2. The OCTAP Safety Committee will meet quarterly to advise OCTA and
the OCTAP Steering Committee on issues of public safety.
5. COMPANY PERMITS
5.1. Company Permit required.
No Company shall operate a Taxicab business within the Area of Jurisdiction of
an Agency without having first obtained a Company Permit from OCTAP and without
first obtaining permission from the Agency to operate in the Area of Jurisdiction of such
Agency, if the Agency's legislative body requires such permission.
5.2. Company Permit requirements.
A Company Permit shall be issued from OCTAP when the following conditions
have been satisfied:
5. 2.1. Submission of a completed Company Permit application;
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
151178\3 Page 5 1/22/03
and independent contractors leasing vehicles from the applicant pursuant
to Government Code § 53075.5 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
5.2.2.6. 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
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;
5.2.2.10. The provisions of this Subsection 5.2.2 shall become
effective April 22, 2003.
151178\3 Page 6 1/22/03
5.2.3. Submission of evidence of insurance, in full force and effect, in such form
as required by OCTAP, issued by a solvent and responsible company
licensed to do business in the State of California, insuring the applicant
against loss by reason of injury or damage that may result to persons,
including taxicab passengers, or property, from the negligent operation or
maintenance of such Taxicab. Applicant shall provide a Certificate of
Insurance and Insurance Policy Binder showing that the applicant is
insured for a minimum combined single limit of one million dollars
($1,000,000) for the injury or death of one or more persons in the same
accident, and one hundred thousand dollars ($100,000) for injury or
destruction of property. In addition, the applicant shall direct the
insurance company to provide to OCTAP certified copies of
Endorsements to the insurance policy 1) naming the Agencies
participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, their Officers, Directors,
Employees and Agents as additional insureds; and 2) indicating that
coverage shall not be reduced, terminated or cancelled without thirty (30)
days' prior written notice to OCTAP. Certified copies of the insurance
policies shall be provided to OCTAP within ninety (90) days of the policy
issuance. At least ten (10) business days prior to the expiration of the
current policies, a Permittee shall submit insurance binders evidencing
insurance coverage for the policy period subsequent to the expiration of
the current policies. No self-insured retention shall be allowed.
Deductibles shall not exceed $10,000 per occurrence.
5.2.4. Submission of financial documents and other information as required by
OCTAP;
5.2.5. Submission of Department of Motor Vehicles (DMV) Pull Notice Program
Requester Code Number issued to applicant, as defined in Vehicle Code
Section 1808.1. Permittees are required to immediately notify the OCTAP
Administrator if they receive a DMV Pull Notice on one of their Drivers that
would affect the Driver's OCTAP Driver Permit. In the event the Driver's
DMV record indicates he/she no longer qualifies for a Driver Permit,
Permittee shall require the Driver to turn over his/her Permit to Permittee.
Permittee shall return the Driver Permit to the OCTAP Administrator. DMV
Pull Notice records shall be made available to the OCTAP Administrator
upon request;
5.2.6. Submission of proof of current California Department of Motor Vehicles
registration for each Taxicab listed in the Company Permit application. All
Taxicabs listed in the Company Permit application shall be registered to
the applicant;
151178\3 Page 7 1/22/03
5.2.7. Every owner, partner or principal officer of applicant has submitted to
fingerprinting by the Orange County Sheriff's Department;
5.2.8. Every owner, partner or principal officer of applicant has successfully
cleared a local background check; and
5.2.9. Submitted payment of all applicable fees, including, but not limited to,
background check fee, Company Permit application fee, and Taxicab
Permit application fee.
5.3. Bases for denial.
A Company Permit shall be denied if any of the following apply to any owner,
partner or principal officer of applicant:
5.3.1 . Is under the age of 18 years;
5.3.2. Falsifies material information on the application for Company Permit within
the past one (1) year;
5.3.3. Is a registered sex offender pursuant to California Penal Code Section
290;
5.3.4. Is on formal probation or parole for any offense outlined in this Section
5.3;
5.3.5. Is convicted (or pleads guilty or nolo contendere) in any state for any of
the following: murder; robbery; pandering; pimping; crimes related to the
sale or transportation of controlled substances; crimes involving the use of
a weapon; or any other offense involving moral turpitude or any crime that
is substantially related to the qualifications, functions or responsibilities of
a Taxicab owner;
5.3.6. Is convicted (or pleads guilty or nolo contendere) in any state for a felony
other than those listed in the previous section within eight (8) years of the
application; or
5.3.T 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.
151178\3 Page 8 1/22/03
5.4. Company drivers.
5.4.1. At the time the Company Permit application is submitted, the applicant
shall provide to OCTAP a list of Drivers authorized to operate the
Taxicabs identified in the Company Permit.
5.4.2. Applicant shall provide OCTAP with notice by fax within 72 hours in the
event that any Driver listed in the Company Permit is no longer authorized.
to operate a Taxicab identified in the Company Permit.
5.5. New Company drivers.
A Permittee may add Drivers to its list of Drivers authorized to operate the
Taxicabs identified in the Company Permit, provided that:
5.5.1. Permittee has submitted to OCTAP an Intent to Hire/Intent to Lease a
Taxicab form identifying the Driver as being employed or given a written
offer of employment or as being a self-employed independent contractor
of the Permittee; and
5.5.2. The Driver to be added has been issued a Driver Permit by OCTAP which
states the Driver is affiliated with the Permittee and identified as either an
employee or leased Driver.
5.6. Issuance.
Upon Applicant's successful satisfaction of the conditions listed in this Section,
Applicant shall be issued an OCTAP Company Permit.
5.7. Compliance with separate Agency requirements.
After OCTAP issues a Company Permit, the Permittee must then comply with
any separate requirements that may have been adopted by any Agency in which
Permittee intends to operate, including, but not limited to, establishment of a franchise
and the payment of business license fees or taxes.
5.8. Term of Company Permit.
The Company Permit -is valid for one (1) year from the date of its issuance
unless sooner suspended or revoked.
5.9. Company Permit renewal.
No less than thirty (30) days prior to expiration of the Company Permit, the
Permittee should submit an application for renewal of its Company Permit pursuant to
this Section in order to permit sufficient time to review the application for renewal.
151178\3 Page 9 1/22/03
5.10. Company Permit suspension/revocation.
A Company Permit may be suspended or revoked by the OCTAP Administrator
for any of the following reasons:
5.10.1. Providing false or inaccurate information in the Company Permit
application; or
5.10.2. Allowing operation of a Taxicab by a Driver not in possession of a
valid Driver Permit stating that the Driver is affiliated with the
Permittee; or
5.10.3. Failure to comply with the OCTAP Regulations; or
5.10.4. Failure of authorized Drivers to comply with the OCTAP
Regulations; or
5.10.5. Operation of any Taxicab at a rate of fare higher than the
authorized fares; or
5.10.6. Failure to cooperate with an Agency's law enforcement officers,
code enforcement officers, OCTAP staff, and/or California Highway
Patrol.
5.10.7. Operating its business without the insurance required in Section
5.2.3.
5.10.8. Failure to comply with the drug and alcohol policy and program
required in Section 5.2.2.
5.11. Company Permit fines/suspensions.
In lieu of revocation or suspension, the OCTAP Administrator may impose a fine,
a period of suspension, or both, a fine and a period of suspension.
5.12. Right to appeal.
A Company Permit applicant may appeal a Company Permit denial, suspension
or revocation as provided for in Section 12.
151178\3 Page 10 1122/03
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 either a temporary or a permanent Driver Permit from
OCTAP.
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; and
6.2.4. A negative drug and alcohol screening test taken within the previous thirty
(30) days in compliance with California Government Code Section
53075.5(b)(3); and
6.2.5. Fingerprints taken at an approved California Department of Justice finger
printing agency; and
6.2.6. A cleared local background check; and
6.2.7. Payment of all applicable fees, including the background check fee and
Driver Permit application fee.
6.3. Temporary Driver Permit.
A temporary Driver Permit may be issued for a period of no more than ninety
(90) days unless extended by OCTAP for a specified period, pending verification of
compliance with the driver permit requirements in Section 6.2.
6.4. Permanent Driver Permit.
A permanent Driver Permit shall be issued after all the requirements in Section
6.2 are satisfied. If a temporary permit was issued it may be replaced by a permanent
once the applicant has successfully complied with the driver permit requirements in
Section 6.2.
151178\3 Page 11 1122/03
6.5. Term of Permanent Driver Permit.
A permanent Driver Permit is valid one (1) year from the date the temporary
Permit was issued, unless sooner suspended, revoked or otherwise terminated.
6.6. Compliance with Agency Requirements.
A Driver who has been issued an OCTAP Driver Permit may only pick up
passengers in the Area of Jurisdiction of those Agencies that have approved the
Permittee he/she represents.
6.7. Renewal of Driver Permit.
No less than ten (10) working days prior to expiration of the Driver Permit, the
Driver should re-apply for a Driver Permit pursuant to this Section in order to permit
time to review the application for renewal.
6.8. Driver Permit limitation.
Each Driver Permit issued by OCTAP, including a temporary Driver Permit, shall
be valid only for the Driver to operate a Taxicab for the Permittee indicated on the
Driver Permit. No Driver may operate a Taxicab for a Company other than the
Company listed on the Driver's Driver Permit.
6.9. Possession of Driver Permit required.
A Driver must possess a valid Driver Permit in order to operate a taxicab. The
permit must be displayed so that passengers and law enforcement officers can easily
view the permit.
6.10. Possession of another person's Driver Permit prohibited.
A Driver shall not use or hold in his/her possession another person's OCTAP
Driver Permit.
6.11. Replacement Driver Permit.
A replacement for a lost Driver Permit may be obtained from OCTAP, provided
that the Driver has submitted the following:
6.11.1. A replacement Driver Permit application along with the Driver
Permit replacement fee; and
6.11.2. Two current 2" x 2" professional quality color photos (passport
photos).
151178\3 Page 12 1/22/03
6.12. Expiration of replacement Driver Permit.
A replacement Driver Permit shall expire on the same date as the lost Driver
Permit.
6.13. Driver Permit transferability to another Company.
A Driver may transfer his/her Driver Permit to another Permittee provided the
Driver has submitted the following:
6.13.1. A Driver Permit application that is signed by an authorized
representative of the prospective Permittee;
6.13.2 The Driver Permit transfer fee; and
6.13.3. Two current 2" x 2" professional quality color photos (passport
photos) of the applicant.
6.14. Driver Permit Denial.
A Driver Permit shall be denied if applicant:
6.14.1. Is under the age of 18 years;
6.14.2. Does not possess a valid California Driver License (Class C);
6.14.3. Fails the drug and/or alcohol test required hereunder. Upon testing
positive for drugs and/or alcohol, the applicant shall not be eligible
to reapply for a Driver Permit for a period of six (6) months from the
test date; or
6.14.4. Falsifies, or fails to disclose, material information on the application
for Driver Permit within the past one (1) year;
6.14.5. Is required to register as a sex offender pursuant to California
Penal Code Section 290;
6.14.6. Is on formal probation or parole for any offense outlined herein;
6.14.7. Is convicted (or pleads guilty or nolo contendere), regardless of the
time elapsed, in any state, of any of the following or their
equivalent: murder; a violation of California Vehicle Code Section
2800.2 (pertaining to disregard for safety of persons or property),
Section 2800.3 (pertaining to flight from peace officer causing
death or bodily injury) or Section 20001 (pertaining to duty to stop
at scene of accident); robbery; pandering; pimping; crimes related
151178\3 Page 13 1/22/03
to the use, sale, possession, or transportation of controlled
substances; crimes involving weapons; any crime for which
registration would be required under California Penal Code Section
290; or any other offense involving moral turpitude or any crime
that is substantially related to the qualifications, functions or
responsibilities of a Taxicab Driver;
6.14.8. Is convicted of any felony in any state (or pleads guilty or nolo
contendere), other than those felonies listed in Section 6.14.7,
within eight (8) years of application; or
6.14.9. Is convicted (or pleads guilty or nolo contendere) of any of the
following within five (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); a violation
of California Vehicle Code Section 2800.1 (pertaining to flight from
peace officer); Section 20002 (pertaining to duty where property is
damaged), Section 20003 (pertaining to duty upon injury or death)
or any corresponding substitute sections; vehicular manslaughter;
and Penal Code Sections 240, 241, 242, and 243 or any
corresponding substitute sections pertaining to assault and battery.
6.14.10. For good cause after an administrative hearing by OCTAP, subject
to appeal pursuant to Section 12 below.
6.15. Driver Permit suspension/revocation.
A Driver Permit may be suspended or revoked by the OCTAP Administrator for
any of the following reasons:
6.15.1. Failure to comply with the applicable provisions of the OCTAP
Regulations;
6.15.2. Circumstances providing grounds for denial of a Driver Permit as
outlined in the OCTAP Regulations;
6.15.3. Revocation or suspension of Driver's California Driver's License;
6.15.4. Driver's failure to cooperate with an Agency's law enforcement
officers, code enforcement officers, OCTAP staff, and/or California
Highway Patrol officers; or
6.15.5. Notification to OCTAP by the Permittee that the Driver is no longer
an authorized Driver for the Permittee.
6.16. Driver Permit fine/suspension.
151178\3 Page 14 1/22/03
In lieu of revocation or suspension, the OCTAP Administrator may impose a fine,
a period of suspension, or both, a fine and a period of suspension.
6.17. Right to appeal.
A Driver Permit applicant may appeal a permit denial, suspension or revocation
as provided for in Section 12.
6.18. Driver Permit Surrender.
6.18.1. A Driver Permit applicant must surrender his/her Temporary Driver
Permit to OCTAP upon issuance of a Permanent Driver Permit or
upon its expiration, whichever shall come first.
6.18.2. A Driver Permit applicant must surrender his/her Permanent Driver
Permit to OCTAP upon its expiration, suspension, revocation, or
upon termination of his/her employment or association with a
Permittee.
7. TAXICAB PERMITS
7.1. Inspection.
Upon issuance of a Company Permit and prior to operating, Permittee shall
present each Taxicab listed in the Permit to the OCTAP facility for a Taxicab inspection.
OCTAP may, at its discretion, conduct Taxicab inspections at the Permittee's facility.
7.2. Taxicab Permit.
7.2.1. Upon meeting all inspection standards and upon passing the Taxicab
inspection, OCTAP shall issue a nontransferable Taxicab Permit sticker
for each approved Taxicab. The Company 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.
7.2.2. Vehicles that do not possess a valid OCTAP vehicle permit must display
"Not In Service" signs. Signs must be a minimum size of 8 '/z" 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.
151178\3 Page 15 1122/03
7.3.1. In addition to the initial and annual Taxicab inspection, all Taxicabs
operated under OCTAP authority shall submit to on the road or random
inspections by OCTAP inspectors or Agency peace officers or Agency
code enforcement officials when so requested. Failure to submit to an
inspection may result in suspension of the Taxicab Permit. The OCTAP
inspector shall complete an inspection report at the time of inspection
which shall indicate what repairs, if any, need to be made to the Taxicab.
One copy of the report shall be given to the Driver. OCTAP shall mail a
copy of the report to the Permittee to whom the vehicle is registered.
7.3.2. If the inspection report indicates the need for repairs to a Taxicab, the
Permittee is required to present the Taxicab to OCTAP for re-inspection
within the time frame provided in the report to verify that the required
repairs have been made. A re-inspection fee shall be required at time of
re-inspection.
7.3.3. If a Taxicab fails any inspection, the inspector may order such Taxicab
out-of-service pending repairs and re-inspection. The inspector may
suspend the Taxicab Permit by removing the Taxicab Permit sticker.
7.3.4. In the event that repairs have not been made to a Taxicab within the time
frame provided for in the report, the Taxicab Permit shall be suspended or
revoked until all corrections have been made to the satisfaction of
OCTAP.
7.3.5. Upon correction and passing re-inspection, OCTAP shall re-instate the
Taxicab Permit by issuing a replacement Taxicab Permit using the original
expiration date.
7.4. Re-inspection.
Taxicabs that fail a Taxicab inspection shall pay a re-inspection fee and be
presented for re-inspection after the identified corrections have been made. If such
corrections have been made and if the Taxicab otherwise meets the inspection
standards, a Taxicab Permit shall be issued.
7.5. Taxicab substitution.
A Permittee may replace any Taxicabs listed in the Company Permit with
another Taxicab upon satisfaction of the following conditions:
7.5.1. Surrender of the Taxicab to be replaced to OCTAP for removal of the
Taxicab Permit sticker;
7.5.2. passing a Taxicab inspection by the replacement Taxicab; and
15117M3 Page 16 1/22/03
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.
7.7. Taxicab Permit renewal.
The Taxicab Permit shall be renewed annually by presenting each Taxicab listed
in the permit application to the OCTAP facility for a Taxicab inspection and by paying all
applicable fees. OCTAP may, at its discretion, conduct Taxicab inspections at the
Permittee's facility.
7.8. Taxicab Permit renewal sticker.
Upon the successful completion of the Taxicab inspection, OCTAP shall place a
new expiration date sticker on the Taxicab Permit sticker for each of the Taxicabs
registered in the Company Permit.
8. TAXICAB INSPECTION STANDARDS
8.1. Minimum standards.
The minimum Taxicab standards are those of the California Vehicle Code. All
Taxicabs shall meet all applicable standards of the California Vehicle Code as well as
the following in order to pass the OCTAP vehicle inspection. Certain equipment must
be present and fully functional as OEM (original equipment manufacture), as specified
in this section. Taxicabs must be maintained to these standards at all times.
8.2. Body Condition.
8.2.1. No body damage, frame damage, tears or rust holes in the Taxicab body
and/or loose pieces hanging from the Taxicab body are permitted. Front
and rear fenders, bumpers, hood, trunk, and trim shall be securely fixed
and shall be in correct alignment to the Taxicab as OEM. Body damage
shall be defined as an unrepaired dent, distortion, depression, bulge, tear,
hole, or disfigurement.
8.2.2. The exterior of the Taxicab shall be maintained in a reasonably clean
condition and shall be free of excessive dirt, tar, oil, and rust.
151178\3 Page 17 1/22/03
8.2.3. The Taxicab paint shall not be faded, blistered, cracked, chipped, peeled,
or scratched.
8.2.4. Each OCTAP Permittee shall paint vehicles in one primary color scheme.
OCTAP may approve one secondary color scheme for special vehicles.
8.2.5. The color scheme, name, monogram, or insignia used upon Permittee
Taxicabs shall not be in conflict with and shall not imitate any other color
scheme, name, monogram, or insignia used by any other Permittee. The
provisions of this subsection shall not be applied to require any change or
modification of any color scheme, name, monogram, or insignia
continuously used by any Permittee authorized prior to August 1, 1999.
8.3. Brake System.
Pursuant to California Vehicle Code § 26453.
8.4. Climate Control.
8.4.1. The Defroster must be operational pursuant to California Vehicle Code §
26712.
8.4.2. The air conditioning/heating units shall be functional at all times. The air
discharged from the air conditioner interior vent system shall be
continuously cool. All air conditioning temperature controls and functions
shall operate as originally designed and manufactured with no knobs or
components broken or missing. Systems shall operate on all OEM
speeds with no excessive noise.
8.5. Exhaust System.
Pursuant to California Vehicle Code § 27153.
8.6. Fuel Tank Cap.
Pursuant to California Vehicle Code § 27155.
8.7. Horn.
Pursuant to California Vehicle Code § 27000.
8.8. Hubcaps.
Hubcaps or wheel covers shall be of like style and shall be on all wheels for
which hubcaps are standard equipment.
151178\3 Page 18 1/22/03
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, and phone
number of the regulating agency (OCTAP) and the authorized fare
schedule.
8.10.3. The valid Driver Permit issued to the Driver must be easily visible
by passengers and law enforcement officers at all times that the
Taxicab is in operation.
If a driver is operating an out of service vehicle, "Not In Service"
signs must be displayed. Signs must be a minimum size of 8 '/2" x
I V 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.
151178\3 Page 19 1/22103
8.11. License Plates.
Pursuant to California Vehicle Code § 5202.
8.12. Lights and Lenses.
8.12.1. Headlights shall be operational on both high and low beams
(California Vehicle Code § 24400).
8.12..2. Taillights shall be operational and the light emitted be red in color
(California Vehicle Code § 24600).
8.12.3. Emergency flashers shall be operational (California Vehicle Code §
24252).
8.12.4. Reverse lights shall be operational (California Vehicle Code §
24606(a)).
8.12.5. Turn signal lights shall be operational (California Vehicle Code §
24951(b)(1)).
8.12.6. Brake lights shall be operational (California Vehicle Code §
24603(b)).
8.12.7. License plate light shall be operational (California Vehicle Code §
24601).
8.12.8. Interior lights shall be operational.
8.12.9. Light lenses must be intact and contain no holes or large cracks.
8.13. Markings.
8.13.1. Exterior markings shall consist of Permittee's Company name,
phone number, body number and other OCTAP approved logo.
Such exterior markings shall be properly and neatly placed and
easy to read (in contrasting colors).
8.13.2. Permittee's company name shall be placed on each side of
Taxicab in letters not less than 3 inches in height (in contrasting
colors).
8.13.3. Taxicab number shall be placed on each side and rear of the
Taxicab in numbers not less than 3 inches in height.
151178\3 Page 20 1/22/03
8.14. Mirrors.
Pursuant to California Vehicle Code § 26709.
8.15. Muffler.
Pursuant to California Vehicle Code § 27150(a).
8.16. Parking Brake.
Pursuant to California Vehicle Code § 26451.
8.17. Proof of Insurance.
Pursuant to California Vehicle Code § 16020 through 16028.
8.18. Radio.
8.18.1. Taxicabs shall be equipped with a two-way radio or cellular phone
in working order.
8.19. Seat Belts.
Pursuant to California Vehicle Code § 27315. Additionally, Taxicab restraint
system shall be maintained to OEM specifications and shall be in good working order.
8.20. Steering and Suspension System.
Steering and suspension system shall be in good mechanical order. (California
Vehicle Code § 24002(a)(b)).
8.21. Taximeter and Meter Seals.
8.21.1. A taximeter in working order.
8.21.2. Taximeter shall have an intact meter seal.
8.21.3. Taximeter shall be certified by the County Sealer of Weights and
Measures. The date on the seal shall not be more than 13 months
old.
8.21.4. Taximeter shall be placed in the Taxicab so that the reading dial
showing the amount of fare to be charged shall be well lighted and
easily read by the passenger.
151178\3 Page 21 1/22103
8.21.5. A Taxicab shall be placed out of service if the taximeter is not
working, the seal is broken or missing, or the authorized fare is not
being charged.
8.21.6 Taximeter shall not charge a fare other than the authorized fare.
8.22. Tires.
8.22.1. Pursuant to California Vehicle Code § 27465(b).
8.22.2. A jack, tire changing tool, and an inflated spare tire. A Company
may be exempted from this requirement upon proof that the
Permittee has a contract with a towing company and a policy in
place to send another Taxicab for the stranded passengers.
8.23. Windows.
8.23.1. Front and rear windshield per California Vehicle Code § 26710.
8.23.2. Safety glass shall be in all windows.
8.24.3. Windows shall be operational as originally designed.
8.23.4. No window tinting on windshield or front side windows per
California Vehicle Code § 26708. Any tinting applied to the rear
side or rear windows must be light enough to allow any passengers
to be viewed from the outside.
8.24. Windshield Wipers.
Pursuant to California Vehicle Code § 26707.
8.25. Footpedal Pads.
OEM rubber pads on all foot controls. Pads shall not be worn or deteriorated to
the point that metal is showing.
8.26. California Vehicle Registration.
8.26.1. A valid registration per California Vehicle Code § 4462.
8.26.2. Registered as commercial Taxicabs per California Vehicle Code §
260.
8.26.3 Registered to the Permittee and/or Driver showing the same
Permittee's name and address. [Approved 7/21/04]
15117M Page 22 1/22103
5.27. Vehicle Age.
Effective March 1, 2001, OCTAP shall not issue a Taxicab permit for any vehicle
older than ten (10) model years measured from the current calendar year (example:
during calendar year 2000 vehicle must be model year 1990 or later). Vehicles older
than ten (10) model years shall not be eligible to operate as a Taxicab under any
condition.
9. TAXICAB OPERATION
9.1. Direct routes.
Driver shall carry a passenger to his/her destination only by the most direct and
accessible route.
9.2. Receipt.
Driver shall give a receipt for the amount charged upon the request of the person
paying the fare. The receipt shall identify the driver's name, Taxicab number, Permittee
name, date and time of issuance.
9.3. Solicitation.
Driver shall not leave his/her Taxicab to solicit passengers.
9.4. Fares charged.
Driver shall not charge fares or charges higher than those authorized in the
OCTAP Regulations.
9.5. Additional Operational Requirements.
Nothing in this Section shall prohibit OCTAP or an Agency from requiring a
Permittee or Driver to comply with such additional operational requirements for safe,
efficient and courteous service for the traveling public.
151178\3 Page 23 1/22/03
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 "I."
10.2. Taxicab Passenger Fares.
10.2.1. Initial Taxicab passenger fares have been adopted by OCTAP and
ratified by Resolution of each participating Agency.
10.2.2. Each Agency agrees to accept the passenger fare schedule
approved by the OCTAP Steering Committee, which is attached
hereto as Attachment "2." Each year the OCTAP Administrator will
conduct a study of comparable Taxicab fares and recommend a
passenger fare schedule to the OCTAP Steering Committee. In the
event the recommended passenger fare schedule includes any
revision(s) to the then current passenger fare schedule or in the
event the Steering Committee approves consideration of revision(s)
to the then current passenger fare schedule recommended by a
Steering Committee member, then the Steering Committee must
comply with the following procedure in order to approve any
revisions to the passenger fare schedule.
10.2.2.1. Introduction of Proposed Revised Passenger Fare
Schedule. The OCTAP Administrator may recommend a
revised passenger fare schedule for first reading and initial
consideration by the Steering Committee at a regularly
scheduled quarterly meeting of the Steering Committee or
the Steering Committee may approve consideration of a
revised passenger fare schedule recommended by a
member.
10.2.2.2. Public Hearing. The Steering Committee shall have no
authority to adopt a revised passenger fare schedule during
the meeting in which a proposed revised passenger fare
schedule is first introduced and presented to the Steering
Committee. The Steering Committee shall set a public
hearing to receive comments from the public regarding the
proposed revised passenger fare schedule. The public
hearing may be set for the next regularly scheduled quarterly
meeting date of the Steering Committee, or another time
151178\3 Page 24 1/22/03
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 Business
licensees, 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 Business licensees, 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, but 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
participating Agency, regardless of the number of such
members present and voting.
151178\3 Page 25 1/22/03
11. REFUND POLICY
There shall be no refund of any portion of the fees described in the OCTAP
Regulations,
12. APPEAL
12.1. Notice of adverse action.
In the event a permit is proposed to be denied, suspended revoked, or a fine
imposed, the applicant or Permittee or Driver shall be notified in writing of the proposed
adverse action and the reason(s) therefor.
12.2. Notice of appeal.
No later than ten (10) days following the date on the notice of proposed adverse
action, the applicant, Permittee, or Driver may submit a written appeal on a form
provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the
reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a
waiver of the right to an appeal.
12.3. Stay.
Except as provided in Section 12.4, once an appeal is filed, the proposed
adverse action shall be stayed pending the final determination on appeal.
12.4. Stay, exception.
If, in the OCTAP 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:
151178\3 Page 26 1/22/03
12.6.1. The hearing officer shall not be an OCTA employee;
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.
12.7.6. If the hearing officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to the OCTAP
Administrator.
13. AMENDMENT(S) TO REGULATIONS
13.1. Administrative amendment(s).
The Steering Committee may adopt administrative amendment(s) to the OCTAP
Regulations. OCTAP shall forthwith notify each Agency and the OCTA Board of
Directors of any changes adopted pursuant to this section.
13.2. Substantive amendment(s).
15117M Page 27 1/22/03
Notwithstanding section 13.1 above, the Steering Committee is not authorized to
adopt substantive amendment(s) to the OCTAP Regulations. Substantive
amendment(s) shall be recommended by the Steering Committee and substantive
amendment(s) must be approved by each Agency and shall be effective only in the
Area of Jurisdiction of each Agency that has approved the amendment(s). For
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--
151178\3 Page 28 1/22103
,may T ,/1 , .li3Ti E-.t'S3e `fcaPSuit.9�+snut0 i�i i�ci
e 10
, ► , P.O. Box 5451 - Palm Springs, CA..92263
(760) 778-5156 - Fax g760 778-5157
COACHELLA VALLEY TAXI 0WNER.SASSOCIATION
A To proteer a d promote the lad industry in the Coachella Yale •Founded November 5.2002
ANon-ProfitBeneficial Assocdation,Y56 2320958
February 16, 2005
Brad Weimer
Indian Wells Resort
76661 Hwy I I I
Indian Wells, CA 92210Indian Wells, CA 92210
Dear Mr. Weimer:
We hope that you, the Hotel/Resort Manager will help us with this first ever questionnaire. Please
consider this as our way of introducing our organization to you_
The C.V.T:O.A. was incorporated two years ago to improve the Taxi Industry here in the
Coachella Valley and to promote fairness in the taxi industry. For the first two years we have
promoted and championed our cause with local governments and now, with the apparent creation
of a new Taxi Regulator, we wanted the Hotel&Tourism industry to know that our Association
will do ever thing possible to improve service for your guests.
Hopefully we can resolve any problems that have arisen in the past or any problems that are still
ongoing through the intervention of a Taxi Regulator who will be out on the road full time
enforcing taxi regulations_
Our Association intends to work with the new Regulator to ensure we have the best taxi service
that can be found anywhere! You can call or fax our office any time, day or night, if you have any
problems with taxi service. We will strive to remedy the problem.
Thank you for taking part in our survey, and please know that the one hundred and fifdy-five taxes
the C.V.T.O.A. represents will always do their best to provide you with professional and
dependable taxi service.
Sincerely,
Sergio M. Santo
President, C.V.T.O.A. M
r
Coachella Valley Taxi Otfners Associatio .
Tease fax this completed questionnaire to: 760 -778-5157.
Now would you rate taxi service in the Coachella Valley and, what can the taxi
industry do to improve it?
'What problems are you currently having (if any) with taxis on your property?
Would you be interested in meeting once a year to discuss taxi servile issues?
❑ Yes ❑ No
Property Name:
Name of Contact Person:
Title:
Phone #:
Fax#:
Thank you very much for your input.
SELF-,- LLuui-A'I Iv,
(How it Works)
$1,000,000 Performance F.
(Provided by the C.V.T,C
C.V,A,G, Advisory
— Board
LL
[—Ts;
—�1
1Ts Regulator 1
15 inspection Palm Borings Taxi "taxi Public � Record
Stations Polito Department Medallions Ordinance Complaints I Keeping
tee in
__—_-- --- --- —_-- Enforcement C--� -- p g 1
r
i
Background Chocks -- FAppeals � Annual
Fingerprinting Citations/ Board Per Fee
L--- — — �ComunityP.R.�
DMV Insurance
l7river Permit
` Printouts Requirements Company Permit
�___ ____ _1 C_ _=____-_�
h:u\s\tax1chart\report1.As
FY 96/97 FY 97/98 FY 98/99 FY 99/00 FY00/01 FY 01/02
Total Number of Trips 317,38 359,386 397,2 429,65 426,36 394,749
% Increase over previous year 19% 13% 11% 8% -1% .7%
Average # of cabs per year 118 130 144 162 161 167
% Increase over previous year 18% 10% 11% 12% -0.60% 4%
Annual Trips Per Cab 2,688 2,775 2,756 2,655 2,648 2,363
1
TRIP vs. VEHICLE ANALYSIS
- -- - -- -- - -- -
FY 99/00 FY 00/01 FY 01/02 FY 02/03 1FY 03/04
CARS TRIPS TgIPlYEH CABS TRIPS TRIP/VEH CABSI TRIPS TRIPIVEH CABS IFIPS TRIP/VEH CABS TRIPS TRIP/VEH
JUL _ 144 27,500 191 158 28,232 179 157 29,113 185 163 23,197 142 167 24,449 146
AUG 145 20,666 143 155 22,779 147 156 27,125 174 164 28,040 171 167 _27,712 166
SEP 156 23,525 151 155 35,356 228 159 22,202 140 166 25,905 156 173 29,502 170
- -- _
OCT 163 42,695 262 164 34,886 213 160 28,260 177 164 29,094 177 L --
NOV 166" 34,416 207 163 34,269 210 I65 37,$77 230 165 39,279 238 _
_ 192 - ---
DEC 169 32,475 167 35,942 215 172 24,758 144 160 28,597 179
---
JAN 167 41,438 248 166 35,366 213 170 32,246 180 160 40,915 256 -
FEB _ 169 45,018 266 166 41,819 252 _172 36,325 211 168 40,009 237
-----
MAR 170 53,586 315 163 50,149 308 175 45,276 259 167 37,155 222 -
APR 165 41,274 250 162 43,801 270 176 40,758 232 _166 38,770 234 T
MAY 165 35402 215 160 35 84 222_ 175 43,545 249 168 44,676 266 .-.
JUN --- - 163 1, 194 - 156 - 7 F31 17U- - 1 lf0 "169 - - - 55"
TOTALS 1942. 429,65211223. 1935 426,369 220 -220207Z 394,749Y 197 198 401,578 3 507 41,6631 161
00/01 01/02 02/03 03I04 _
HIGHEST TRIPS Mar 50,149 Ol/03 45,276 _ May 44,676 Sept 29,502
LOWEST TRIPS - Aug 22,779 01/04 22,202 Jul 23,197 ---July 24,449
MOST VEHICLES Oct 167 Ol/05 176 Jun_ 169 _ Sept 173
-- -
LEAST VEHICLES Aug 155 Ol/06 156 Jan 160 Aug 167
MOST TRIPS/VEH Mar 308 -01107 259 - _ May - 266 Sept 1 170
LEAST TRIPS/VEH Aug 147 01/OS 140 Jul 142 July 146
2ANAL 03-04 Page 1
h;\u\s\taxich8rt\projec1.xls
The Future
FY 00/01 FY 01/02 FY 02/03
Number of Trips (1) Q::E48l,,21:0 ::5=38,955603,�L�-��
C4 E C.Tv-
Number of Cabs (2) 183 207 234
_ q�-:)UAJ I
Trips per cab 2,631 2,608 2,585 c� f
IF capped at164 (3) 2,934 3,286 3,681 0"
� C3l600
Difference 303 678 1,096
- Add'I Rev @$15 AV fare $ 4,542 $ 10,173 $ 16,434
(1) AV increase of 12%over past 8 years
(2) AV increase of 13%over past 8 years
(3) AV#cabs in last 3 months
TRIP vs.VEHICLE ANALYSIS "/Jp
FY 99/00 FY 00101 FY Ol/02 1 FY 62/03� Sv/�I`I 3
CABS TRIPS TRIP/YEN CABS TRIPS TflIP/VEN CABS TRIPS TRIP/VEN CABS TRIPS TRIP/VEN Ib��
144 27,500 191 158 28,232 179 e 157 29,113 885 1 33 23,197 142 fw
145 20,666 143 155 22,779 147 156 27,125 174 164 28,040 171 11.7 0'
156 23,525 151 155 35,356 228 159 22,202 140 166 25,905 156oyvc_
163 42,695 262 164 34,886 213 160 28,260 177 164 29,094 177 ►��" I
166 34,416 207 163 34,269 211 165 37,877 230 165 39,279 238
169 32,475 192 167 35,942 215 172 24,758 144 150 28,597 179
167 41,438 248 166 35,366 213 T170 32,249 190 -C 160 40,915 256
169 45,018 266 166 41,819 252 172 36,325 211 168 40,009 237
170 53,586 315 163 50,149 308 175 45,276 259 167 37,155 237
165 41,274 250 162 43,801 270 176 40,758 232
165 35,402 215 160 35,494 222 175 43,545 249
163 31,657 194 156 28,276 181 170 27,261 160 1
3
1942 429,652 221 1935 426,369 220 2007 394,749 197 1477 292,192 198
3 98L00r? 1c3 £-�2` 00701 i
Mar 53,586 ' €^i02103`
Mar 50,149 Mar 45,276 an 40,915
Aug 20,666 Aug 22,779 Sep 22,202 Jul 23,197
Mar 170 Oct 167 Apr 176 Mar Jul 144 Au 155 Au 156 Jan 16716
Mar 315 Mar 308 Mar 259 Jan 256
Aug 143 Aug 147 Sep 140 Jul 142
rw 7VT
h:u\q\jaxjr,I iartVeportl AS FY 96/97 FY 97/98 FY 98/99 FY 99/00 FY00101 FY 01/02
Total Number of Trips 317,386 359,386 397,266 42%652 426,369 394,749
% increase over previous year 19% 13% 11% 8% -1% -7%Average # of cabs per year 118 130 144 162 161 167
% increase over previous year 18% 10% 11% 12% ®0.60% 4%
Annual Trips Per Cab 20,688 2,775 25756 2,655 2,648 2,363
• INTER-OFFICE
Sqqs
MEMORANDUM
T II A N S I T C r
April 23, 2003
TO: Taxicab Administrator
FROM: Director of Administrative Services
SUBJECT: MORATORIUM ON CABS & OPERATORS
The Board of Directors of SunLine Services Group met this afternoon at a
Regular Meeting, and one of the items on their agenda was the extension of the
Moratorium on cabs and operators.
After a lengthy discussion of the issue, and following the recommendation of the
Taxi Committee, the Board unanimously voted not to extend the Moratorium.
The net effect of their vote is that the 90 day Moratorium that was approved by
the Board at their February meeting (SSG Ordinance 03-1) will expire at 1:31
p.m. on Monday, May 26, 2003. After that time and date, SRA may once again
process applications for new Operators or Vehicle Permits.
q—:�" X�--
Dennis Gilman