Exhibit A
Taxicab Program Administrative Regulations
DEFINITIONS
A. ASE
“ASE” means the National Institute for Automotive Service Excellence.
B. Bandit Taxicab
“Bandit Taxicab” refers to a Taxicab operating in the City without a valid City permit.
C. BAR
“BAR” means the Bureau of Automotive Repair.
D. Company
“Company” includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
E. Taxicab Franchisee
“Taxicab Franchisee means any person, firm, association, corporation, partnership or other entity granted a franchise by the City.
F. Driver
“Driver” means a person who has a valid City-issued Driver Permit.
G. Driver Permit
“Driver Permit” means a valid permit issued by the City authorizing a person to drive or control the movements of a Taxicab.
H. Taxicab
“Taxicab" means a motor vehicle operated for hire to transport passengers to specific destinations of the passengers choice, capable of carrying not more than eight persons, excluding the driver. The term shall exclude any vehicle operating as a charter party carrier licensed as such by any state agency or any other vehicle as to which a valid certificate of public convenience and necessity has been issued by any state agency.
Exhibit A
I. Taxicab Franchise Decals
“Taxicab Franchise Decals” means a valid Franchise Decals issued by The City, authorizing a particular vehicle to be operated as a Taxicab.
1. General Rules And Requirements
" Each City Franchisee, its management, employees, affiliated drivers, leaseholders, and owner-operators are individually and jointly responsible for complying with City Regulations; all California Vehicle Codes and Statutes; all applicable federal, state and local laws, statutes, and ordinances; all ordinances of the City, or County related to the operation of a Taxicab; and all lawful orders, rules, and regulations promulgated thereunder regarding the transportation of customers in a Taxicab.
1.1. Franchisee.
1.1.1 Franchisee shall ensure Taxicabs are driven only by CITY permitted Drivers.
1.1.2 Franchisee shall not operate a Taxicab without a valid Franchise from CITY, unless otherwise permitted by law.
1.1.3 Franchisee shall notify CITY within forty-eight (48) business hours of an affiliated Driver who becomes unqualified or unauthorized to drive a Taxicab or upon termination of employment or affiliation with Franchisee.
1.1.4 Franchisee shall maintain all programs and requirements for receiving a Franchise and verify the continuous enrollment of affiliated drivers in their CITY-approved drug and alcohol testing program and DMV Pull Notice program.
1.1.5 Franchisee shall comply with any separate requirements that may have been adopted by any Agency in which Franchisee intends to operate, including, but not limited to, establishment of a franchise and the payment of business license fees or taxes.
1.1.6 Franchisee shall cooperate fully with CITY Staff.
1.1.7 Franchisee shall notify CITY staff within reasonable time when vehicles are removed from service and will surrender the Taxicab Franchise Decals in accordance with Section 4.5.
1.1.8 Franchisee shall maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with the CITY Regulations.
1.1.9 Franchisee shall maintain a safety education and training program in effect for all Taxicab Drivers, whether employees or contractors.
1.1.10 Franchisee shall maintain a disabled access education and training
Exhibit A
program to instruct its Taxicab Drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights laws,
including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.
1.1.11 Franchisee shall disclose fares, fees, or rates to the customer, and may satisfy this by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request.
1.1.12 For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare.
1.2 Permitted Drivers.
1.2.1 A Driver must possess and display a valid CITY Driver Permit in order to operate a Taxicab, and at all times the taxicab is in operation, on behalf of a Permittee.
1.2.2 A driver shall not operate a taxicab without valid CITY Taxicab Franchise Decals.
1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab Operation in Section 3.
1.2.4 Permitted Drivers may only pick up passengers in the Area of Jurisdiction of those agencies that have approved the Franchisee he/she represents, unless otherwise permitted by law.
1.2.5 Permitted Drivers shall cooperate with the Franchisee, Law and Code Enforcement Officers, and CITY Staff, including random testing and all vehicle inspections.
1.2.6 The Driver Permit must be displayed in the passenger side area of the dashboard, easily viewable from inside or outside of the vehicle. The Driver Permit must be attached in a way that makes it removable by the Driver to provide to law enforcement, code enforcement officers, or CITY staff, when requested. The Driver’s California driver license number on the Driver Permit may be covered by a removable label, if desired. No other alterations, covered, or hidden information to the CITY Driver Permit is allowed.
1.2.7 A Driver in possession of an altered or defaced permit will not be considered to be in possession of a valid Driver’s Permit.
Exhibit A
1.2.8 A Driver shall not display another person’s CITY Driver Permit or allow another person to use their Driver Permit.
1.2.9 A Driver shall not carry more passengers in the Taxicab than are authorized by the manufacturer’s recommendations. Operational seat belts must be available for all passengers.
1.2.10 A Driver shall operate a Taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort, and convenience of passengers, and of the general public.
2. Taxicab Franchise
No Company shall operate a Taxicab business within the City without having first obtained a Taxicab Franchise from the City.
3. Driver Permit.
A Driver must be affiliated with a Taxi Franchise and possess a valid Driver Permit in order to operate a Taxicab.
3.1. Driver Permit Requirements.
A Driver Permit may be obtained from Business License, provided the applicant has submitted all of the following:
3.1.1 Complete Driver Permit application, signed by a representative of the Permittee to which the driver intends to be affiliated.
3.1.2 A copy of a Valid California Driver License (Class C).
3.1.3 A recent passport photo.
3.1.4 Live Scan fingerprints taken at the Anaheim Police Department.
3.15 Acceptable CDL and DOJ background checks by the Anaheim Police Department.
3.1.6 The Revenue Manager shall utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the Taxi Cab Driver’s Permit.
3.1.7 Payment of all applicable fees.
3.2 Driver Permit Issuance.
A Driver Permit shall be issued within thirty (30) business days after satisfaction of requirements in Section 3.1. Driver Permit will expire two (2) years from issuance date.
Exhibit A
3.4 Renewal of Driver Permit.
Up to sixty (60) working days prior to the expiration of the Driver Permit, the Driver may reapply for a Driver Permit pursuant to Section 3 in order to allow time to review the application for renewal. The renewal of a Driver Permit shall be granted within thirty (30) business days of satisfaction of all requirements for renewal. If a Driver Permit expires before approval of renewal, the Driver will not be allowed to operate a Taxicab until the renewal Driver Permit is approved, issued, and in the Driver's possession. Drivers who do not apply to renew prior to the expiration of their permit will be charged late fees.
3.5 Driver Permit Limitation.
A Driver Permit is only valid for the Driver to operate a Taxicab for the Permittee indicated on the Driver Permit. A Driver may not operate a Taxicab for another Company unless the Driver completes a transfer application pursuant to Section 3.7. Reproduction of a Driver Permit is strictly prohibited for any reason with the exception of Company management copying the permit for recordkeeping purposes.
3.6 Replacement Driver Permit.
A replacement for a lost or damaged Driver Permit or a subsequent Driver Permit previously issued based on a temporary or interim California driver license may be obtained from Business License upon payment of all applicable fees. A Driver shall not operate a Taxicab until a replacement permit is obtained and in possession of the Driver pursuant to this Section. A replacement Driver Permit shall expire on the same date as the original Driver Permit.
3.7 Driver Permit Transfer to Another Company.
A Driver may request a transfer of his/her Driver Permit to another Permittee provided the Driver has submitted the following to Business License:
3.7.1 A Driver Permit application signed by an authorized representative of the prospective Permittee.
3.7.2 The Driver Permit transfer fee.
3.7.3 Valid California Driver License (Class C).
3.7.4 A recent passport photo.
3.7.5 Driver shall not operate a Taxicab until the transfer permit is obtained and in possession of the Driver pursuant to this Section.
3.7.6 A transferred Driver Permit shall expire on the same date as the original Driver Permit.
Exhibit A
3.8 Driver Permit Denial.
A Driver Permit shall be denied if applicant:
3.8.1 Is less than 18 years of age.
3.8.2 Does not possess a valid California Driver License (Class C).
3.8.3 Falsifies, or fails to disclose, misstates any material information or fails to fully answer any question on the Taxi Cab Temporary Driver’s Permit.
3.8.4 Is required to register as a sex offender pursuant to California Penal Code §290.
3.8.5 Is required to register as a narcotics registrant pursuant to Health and Safety Code 11590.
3.8.6 Is on supervised release, informal or formal probation, or parole for any offense outlined herein.
3.8.7 Has ever been convicted (or pleads guilty or nolo contendere), regardless of the time elapsed, in any state, of any of the following or their equivalent: a violation of California Vehicle Code §2800.2 §2800.3, §20001 or §23222; a violation of California Penal Code §187, §211, §266i, §266h, §530; crimes related to the manufacture, use, sale, possession, or transportation of controlled substances; crimes involving weapons; any crime for which registration would be required under California Penal Code §290 and California Health and Safety Code §11590; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab driver.
3.8.8 Has ever been convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 3.8.7, within eight (8) years of application.
3.8.9 Has ever been convicted (or pleads guilty or nolo contendere) of any of the following within five (5) years of application: a violation of California Vehicle Code §23152, §2800.1, §20002, §20003 or any corresponding substitute sections; a violation of Penal Code §192,§240, §241, §242, and §243 or any corresponding substitute sections pertaining to assault and battery.
If the applicant provides false material information or withholds information, including any criminal record, is grounds for denial or revocation of the permit and may subject the applicant to criminal prosecution under Penal Code 115(a) a felony.
For good cause, subject to appeal pursuant to Section 3.13 below. Good cause is defined to include, but is not limited to, arrests, charges, offenses, and/or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude an applicant from possessing a Driver Permit.
Exhibit A
3.9 Driver Permit Suspension/Revocation.
A Driver Permit may be suspended or revoked for any of the following reasons:
3.9.1 Failure to comply with the applicable provisions (including timeliness of submissions).
3.9.2 Circumstances providing grounds for denial of a Driver Permit as outlined in the Regulations.
3.9.3 Revocation or suspension of driver's California Driver License.
3.9.4 Driver's failure to cooperate with an Agency's law enforcement officers, code enforcement officers, and/or California Highway Patrol officers.
3.9.5 Notification to the City by the Permittee that the Driver is no longer an authorized driver for the Permittee.
3.9.6 For Good Cause pursuant to Section 3.13, subject to appeal. Good Cause is defined to include, but is not limited to, arrests, charges, offenses, and or convictions related to the responsibilities and functions of a Taxicab driver, not specifically outlined in this Section, that would preclude a driver from possessing a Driver Permit.
3.9.7 A Driver whose permit is revoked shall be prohibited from applying for a new Driver Permit for a period of 12 months from the date of revocation.
3.10 Driver Permit Penalty/Suspension.
In lieu of revocation, the City may impose a penalty in the form of a fine, a period of suspension, or both a fine and a period of suspension as specified in the Regulations.
3.11 Driver Permit Appeal.
The denial, suspension, or revocation of a Driver Permit may be appealed as provided in Section
3.13 to 3.19.
3.12 Driver Permit Surrender.
Upon expiration, suspension, or revocation of a Driver Permit, or upon termination of employment or affiliation with a Permittee, a Driver shall cease work immediately and surrender the Driver Permit to Business License within forty-eight (48) business hours.
3.13 Appeals and Administrative Hearings
In the event a permit is denied, suspended, revoked, or a penalty is imposed, the applicant, Permittee, or Driver shall be notified in writing of the adverse action and the reason(s) supporting it.
Exhibit A
3.14 Notice of Appeal.
No later than ten (10) calendar days following the date on the notice of adverse action, the applicant, Permittee, or Driver may submit a written appeal along with the applicable filing fee.
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. For City filing fee see attachment #1
3.15 Stay.
Except as provided in Section 3.16., if an appeal is properly filed the adverse action shall be stayed pending the final determination on appeal.
3.16 Stay, Exception.
If the City determines that 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.
3.17 Review of Appeal.
If an appeal is timely filed, the City shall assign a hearing officer to make the final decision regarding the appeal.
3.18 Hearing Officer.
When the City assigns a hearing officer to decide the appeal then the following shall apply:
3.18.1 The hearing officer shall not have participated in the decision which is the subject of the appeal.
3.18.2 The hearing officer shall expeditiously schedule the appeal hearing. Once the appeal hearing is filed an appeal hearing is mandatory.
3.18.3 The appellant and the City shall each have the right to be represented by legal counselor or other representative, to present evidence, to call and cross-examine witnesses under oath, and to present argument.
3.18.4 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.
3.18.5 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.
3.18.6 The City 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.
Exhibit A
3.18.7 The hearing officer shall have the discretion to determine the appropriate action in response to the appeal.
3.18.8 The decision of the hearing officer shall be the final administrative remedy and shall be binding upon the parties to the appeal.
3.18.9 If the hearing officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to the City.
4. TAXICAB FRANCHISE DECALS
4.1 Taxicab Franchise Decals Required.
Upon the granting of a franchise, the owner of each taxicab franchise shall affix to each and every taxicab franchised decals issued by the City's Code Enforcement Division. Two (2) decals shall be affixed to each vehicle covered by a taxicab franchise - one on the left front fender and one on the right front fender in a location approved by the City. The owner shall pay the cost of providing and issuing said decals in an amount established by resolution of the City Council.
4.2 Inspections.
Prior to issuance or renewal of a Taxicab Franchise Decals. The Company must complete a vehicle inspection at an ASE-certified or BAR-registered facility. Specific inspection requirements are outlined on the CITY Vehicle Inspection form. The company must submit proof to CITY, signed by the inspecting facility, that the Taxicab has met all inspection standards. For City filing fee see attachment #1
4.3 Vehicle Franchise Decal Replacement.
CITY shall issue Taxicab Franchise Decals for a replacement Taxicab, valid for the time remaining under the Taxicab Franchise of the replaced Taxicab, upon satisfaction of the following conditions:
4.3.1 Taxicab must meet all Franchise requirements of the Anaheim Municipal Code 4.73.
4.3.2 Surrender of the existing Taxicab Franchise Decals to the CITY.
4.3.3 Payment of Vehicle Franchise Decals replacement fee.
4.3.4 Company provides proof satisfactory to CITY that the replacement Taxicab passes a Taxicab inspection by an ASE-certified or BAR- registered facility.
Exhibit A
4.4 Taxicab Franchise Decals Surrender.
A Franchisee, when selling or removing a Taxicab from the fleet, must assure that the CITY Taxicab Franchise Decals are removed and that the vehicle cannot be mistaken by the public as an authorized Franchised Taxicab. Decals must be surrendered to the CITY within forty- eight (48) business hours.
4.4.1 A Franchisee must surrender the Taxicab Franchise Decals to CITY if a Taxicab has been removed from service.
4.4.2 Taxicab Franchise Decals which are voluntarily surrendered by a Franchisee can be replaced upon completion of an biannual Taxicab inspection and payment of the required fees, or as provided in Section 4.5
4.5 Replacement Taxicab Franchise Decals.
If a Taxicab Franchise Decals has been damaged or is missing due to theft or destruction, a replacement permit will be issued to the same Taxicab and Franchisee, upon payment of the required replacement fee. The replacement Taxicab Permit shall be valid for the remaining term of the Taxicab Franchise Decals that was replaced. 5 Taxicab Requirements
All Taxicabs shall meet the requirements of the California Vehicle Code, and Govt. Code § 53075.5(h).
5.1 Proof of Insurance.
Taxicab Drivers shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle, pursuant to California Vehicle Code §§ 16020 through 16028.
5.1.1 Insurance requirements. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in the specifications and naming the City of Anaheim, its officers and agents, additional Insured by endorsement. Failure to furnish the required certificates within the time allowed may result in breach of the contract. Unless different requirements are called out elsewhere in the RFP, the City's general insurance requirements are:
Exhibit A
5.1.2 1. Comprehensive General Liability Insurance: (include products liability coverage, when applicable); $2,000,000 per occurrence.
2. Liability Insurance: $2,000,000 per occurrence combined single limit (CSL).
3. Workers' Compensation Insurance: as required by State statutes, and Employer’s Liability Insurance in an amount no less than $1,000,000, per occurrence/accident/injury/illness.
4. City of Anaheim to be named as an Additional Insured on the above- captioned insurance coverages as respects the City's to commencement of work under this agreement; and by presenting to the City an endorsement to the policy signed by an officer of the insurance company within ten (10) days of the inception date of this agreement.
5. All policies of insurance shall provide for a minimum of thirty (30) days written notice of any change or cancellation of the policy, with the exception of non-payment of premium, in which case minimum of ten (10) days notice required.
6. Insurance policies to be in a form ad written through companies acceptable to the City; and shall include those endorsements which are necessary to extend coverage which is appropriate to the nature of the agreement.
5.1.3 The Risk Manager is authorized to prescribe the minimum levels and standards of liability insurance which must be maintained in order to apply for, to receive and to operate a franchise and the manner in which compliance with the minimum standards is demonstrated.
5.2 California Vehicle Registration.
Evidence of valid and current vehicle registration must be maintained in each Taxicab, pursuant to California Vehicle Code § 4462.
5.2.1 Registered as a commercial vehicle, pursuant to California Vehicle § 260. However, CITY may issue a permit to a vehicle with temporary registration provided that all other DMV and CITY Regulation requirements are met, and proof of permanent commercial registration is provided to CITY within 90 days.
5.2.2 Registered to the Franchisee showing the same Franchisee name and address or registered to the CITY permitted Driver showing the same permitted Driver name and address.
Exhibit A
5.3 Taxi Franchise Company Designation.
Franchise Company name and/or logo shall be placed in an area visible from the interior and exterior of the vehicle at all times while in service and when soliciting passengers on behalf of Franchisee.
5.4 Vehicle Maintenance and Records.
All Taxicabs shall be maintained in accordance with the service standards recommended by the vehicle manufacturer. Service records and repair or maintenance receipts shall be kept and made available to CITY Staff upon request.
5.5 Seating.
All Taxicabs shall be equipped to seat no more than eight (8) passengers, excluding the driver.
6 TAXICAB OPERATION
A Driver must possess and display a valid Driver Permit at all times while providing Taxicab service. Driver shall ensure that the Taxicab meets all requirements of the CITY Regulations prior to placing the Taxicab in service. Any driver in possession of an altered, copied, or defaced permit will not be considered in possession of a valid Driver’s Permit.
6.1 Reserved.
6.2 Fares Charged.
For pre-arranged trips, a Driver shall not charge fares higher than those disclosed to the customer in accordance with Section 1.1.11. For on-demand (flagged) trips, the Taxicab must possess a fully operational taximeter with current and intact seals, or any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. The customer shall not be charged a fare that exceeds the authorized fare.
6.3 Receipt.
Driver shall provide a receipt for the amount charged upon request of the person paying the fare, which contains the Driver’s name and permit number, telephone number, Franchisee name, charge amount, date, and time of transaction.
Exhibit A
6.4 Accidents.
In the case of an automobile accident, unless rendered incapable, the Driver shall comply with the minimum requirements for the mandatory exchange of information established in California Vehicle Code § 16025.
6.5 Advertising.
No taxicab may display advertising other than for its own services from its roof in any manner using raised frames, lighted panels or any other means. 7 REPORTING VIOLATIONS OF CITY REGULATIONS
CITY may investigate for violations of CITY Regulations and issue any appropriate administrative actions, including fines. CITY will investigate any reports of alleged illegal Taxicab operation, such as bandit Taxicab activity, but may refer such reports to the local code or law enforcement agency. A person reporting a violation must provide CITY with their name and contact information.
Reports alleging illegal Taxicab operation or violation of the City Regulations shall require all of the following information be provided:
Date, time and location;
Description of activity;
Vehicle license plate number, color, make and model, and any distinctive characteristics.
8. AMENDMENTS TO REGULATIONS
8.1 Administrative Amendments.
The City Manager or designee may adopt administrative amendment(s) to the CITY Regulations.
--End of Regulations--
Exhibit A
ADMINISTRATIVE REGULATION 315 – Attachment 1
CITY OF ANAHEIM TAXICAB PROGRAM FEE
STRUCTURE
Vehicle Franchise Decals (Section 4.73.150 per vehicle) New or Replacement
$10.00
Driver Permits
Two-Year Permit Fee for New or Renewal. $100.00
Processing Fee. $35.00 Processing Fee for Replacement or Transfer of Permit. $35.00 Penalty Fee for Expired Permits are $10 per month not to exceed the permit fee.
Appeal processing fee. $100.00 Vehicle Inspection Form Filing Fee (per vehicle) $98.00 Taxicab franchise fee (Section 4.73.130)
(per vehicle per year) $100.00 Temporary taxicab permits (Section 4.73.045)
(per vehicle per day) $10.00
Fees shown are paid to the City of Anaheim. Additional fees are paid by Permittee for drug testing, fingerprinting, background check, and vehicle inspections.
Exhibit A