ADMINISTRATIVE REGULATION
Office of the City Manager
Number 315
Sections 1-10
Effective Date 12/21/2021
Responsible Department Finance
Review Date 12/21/2021
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. Company Permit
“Company Permit” means a valid permit issued by the City authorizing a Company to operate a Taxicab business within 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. Permittee
“Permittee” means a Company that holds a valid City Company Permit.
I. 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 California Public Utilities Commission (CPUC), or any other vehicle operating under the authority of any state agency, including the CPUC.
SUBJECT: Taxicab Program Administrative Regulations
J. Taxicab Permit
“Taxicab Permit” means a valid permit issued by The City , authorizing a particular vehicle to be operated as a Taxicab.
K. Transportation Agreements
“Transportation Agreements” means any separate agreement that an Agency has established with a CITY Permittee for operation within its jurisdiction.
1. GENERAL RULES AND REQUIREMENTS
Each City Permittee, 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. Permittee.
1.1.1 Permittee shall ensure Taxicabs are driven only by CITY permitted Drivers.
1.1.2 Permittee shall not operate a Taxicab without a valid Taxicab Permit from CITY, unless otherwise permitted by law.
1.1.3 Permittee 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 Permittee.
1.1.4 Permittee shall maintain all programs and requirements for receiving a Company Permit 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 Permittee shall 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.
1.1.6 Permittee shall cooperate fully with CITY Staff.
1.1.7 Permittee shall notify CITY staff within forty-eight (48) business hours when vehicles are removed from service and will surrender CITY vehicle permits in accordance with Section 4.5.
1.1.8 Permittee shall maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with the CITY Regulations.
1.1.9 Permittee shall maintain a safety education and training program in effect for all Taxicab Drivers, whether employees or contractors.
1.1.10 Permittee shall maintain a disabled access education and training 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 Permittee 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 a valid CITY Taxicab Permit.
1.2.3 Permitted Drivers shall adhere to all regulations related to Taxicab Operation in Section 6.
1.2.4 Permitted Drivers may only pick up passengers in the Area of Jurisdiction of those agencies that have approved the Permittee he/she represents, unless otherwise permitted by law.
1.2.5 Permitted Drivers shall cooperate with the Permittee, 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.
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. COMPANY PERMITS
No Company shall operate a Taxicab business or advertise as a Taxicab business within the Area of Jurisdiction of an Agency without having first obtained a Company Permit from CITY, unless otherwise authorized by Government Code § 53075.5, or without permission from the Agency to operate in the Area of Jurisdiction of such Agency, if the Agency's legislative body requires such permission.
2.1 Company Permit Requirements.
A Company Permit shall be issued from CITY when the following conditions have been satisfied:
2.1.1 Submission of a complete Company Permit application package.
2.1.2 Submission of a copy of the applicant’s drug and alcohol policy meeting CITY requirements and proof that the applicant has implemented a Drug and Alcohol Certification Program covering all its affiliated permitted Drivers pursuant to Government Code §53075.5 and meeting the following requirements
2.1.2.1 A contract with a drug and alcohol program administrator and authorized lab certified by the U.S. Department of Transportation.
2.1.2.2 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.
2.1.2.3 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.
2.1.2.4 Procedures and components for random testing following U.S.
Department of Transportation guidelines, annual minimum random testing rates, and additional tests as required following accidents, rehabilitation, return-to-service,
and other circumstances providing reasonable suspicion to test.
2.1.2.5 When requested, random testing reports to be made available to CITY by the program administrator.
2.1.2.6 The applicant’s and program administrator’s records shall be made available to CITY upon request within forty-eight (48) business hours.
2.1.2.7 The test results must be provided to CITY and the Permittee by the testing facility.
2.1.2.8 Drivers must show a valid California driver license at the time and place of testing.
2.1.3 Submission of evidence of insurance, in full force and effect, in such form as required by CITY, 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.
2.1.3.1 Applicant shall provide a Certificate of Insurance and Insurance Policy Binder showing that the applicant is insured for a minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property with an insurer with a minimum AM Best Rating of A-7.
Each insurance policy required by these Regulations shall waive all rights of subrogation against the CITY including elected and appointed officials, officers, directors, employees, agents and volunteers. No self-insured retention shall be allowed.
2.1.3.2 Deductibles shall not exceed ten thousand dollars ($10,000) per occurrence. In addition, the applicant shall direct the insurance company to provide CITY copies of Endorsements to the insurance policy 1) naming the CITY including elected and appointed officials, officers, directors, employees, agents and volunteers, as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or cancelled without thirty (30) days prior written notice to CITY; and 3) the CITY special endorsement must be completed and duly
executed by the agent or broker of record and submitted along with the proof of insurance.
2.1.3.3 At least one (1) business day prior to the expiration of the current policies, a Permittee shall submit insurance binders evidencing insurance coverage for the policy period subsequent to the expiration of the current policies. Lapses or interruptions of insurance coverage shall cause an immediate suspension of the Company Permit, pending revocation, and an immediate
revocation of all Taxicab Permits issued to the Permittee.
Reinstatement of a Company Permit may require payment of applicable fees and/or fines. Furthermore, if reinstated, any Taxicab(s) a Permittee desires to be placed back into service will require the issuance of a new Taxicab Permit with applicable fees paid.
2.1.4 Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code § 1808.1 and continuous enrollment in the Pull Notice program. All affiliated Taxicab Drivers must be enrolled within seven (7) calendar days from inception of the program or date of affiliation.
Permittees are required to notify CITY upon receipt of a DMV Pull Notice for any affiliated Driver that indicates an action that would no longer qualify the Driver for a Driver Permit. Permittee shall require the Driver to immediately cease operation and surrender their Driver Permit to Permittee. Permittee shall return the Driver Permit to CITY within forty- eight (48) business hours of DMV Pull Notice receipt. DMV Pull Notice records shall be made available to CITY within forty-eight (48) business hours of request.
2.1.5 Submission of proof of current California Department of Motor Vehicles registration for each Taxicab listed in the Company Permit application. All Taxicabs listed in the Company Permit application shall be registered pursuant to Section 5.2.
2.1.6 Every owner, partner, or principal officer of applicant has submitted to Live Scan fingerprinting at an approved California Department of Justice finger printing agency to initiate a Department of Justice (DOJ) background check (first time applicants only unless otherwise required) and has enrolled in the DOJ subsequent arrest notification program.
2.1.7 Every owner, partner, or principal officer of applicant has successfully cleared all background checks.
2.1.8 At the time the Company Permit application is submitted, the applicant shall provide to CITY a list of CITY permitted Drivers authorized to operate the Taxicabs.
2.1.9 Payment of all applicable fees.
2.1.10 Company shall have a principal place of business from which it conducts its activities as a Taxicab company and related activities.
Multiple locations for other activities such as storage, maintenance/repair, etc., are allowed.
2.1.11 CITY may require additional verification for compliance with the requirements defined herein.
2.1.12 CITY Company Permit number must be conspicuously posted in all company advertisement and media, as required by California Government Code § 53075.9. Posting must be worded as “City of Huntington Beach Company Permit #XXX”. Additionally, advertisements must use the CITY permitted Company name.
2.2. Company Permit Denial.
A Company Permit shall be denied if any of the following apply to an applicant Company or to any owner, partner, or principal officer of an applicant Company:
2.2.1 Is less than 18 years of age.
2.2.2 Falsifies material information on the application for Company Permit.
2.2.3 Is a registered sex offender pursuant to California Penal Code § 290.
2.2.4 Is on formal probation or parole for any offense outlined in Sections
2.2.5., 2.2.6., or 2.2.7.
2.2.5 Is convicted (or pleads guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; crimes involving the use of a weapon; or any other offense involving moral turpitude, or any crime that is substantially related to the qualifications, functions or responsibilities of a Permittee.
2.2.6 Is convicted (or pleads guilty or nolo contendere) in any state for a felony other than those listed in Section 2.2.5., within eight (8) years of the application.
2.2.7 Has any conviction within five (5) years of application (or plea of guilty or nolo contendere) in any state or has any final administrative determination of a violation of any statute, ordinance, or regulation
reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Company Permit under these Regulations.
2.2.8 Operation of its business without the insurance required in Section 2.1.3.
2.2.9 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120.
2.2.10 For good cause, subject to appeal pursuant to Section 8. Good cause is defined to include, but is not limited to, arrests, charges, offenses, or convictions related to the responsibilities and functions of a Taxicab company not specifically outlined in this section, that would be prudent to consider in order to protect the public.
2.3. Company Affiliated Drivers.
At the time the Company Permit application is submitted, the applicant shall provide to CITY a list of CITY permitted Drivers authorized to operate the Taxicabs. A Permittee may add Drivers to its list of Drivers authorized to operate the Taxicabs identified in the Company Permit, provided that the Driver to be added has been issued a Driver Permit by CITY which states the Driver is affiliated with the Permittee.
2.4. Company Permit Issuance.
Upon applicant’s satisfaction of the conditions listed in Company Permit Requirements, applicant shall be issued a CITY Company Permit within five (5) business days.
2.5. Term of Company Permit.
The Company Permit is valid for two (2) years unless extended, suspended, or revoked.
2.6. Company Permit Renewal.
No less than sixty (60) days prior to the expiration of the Company Permit, the Permittee shall submit an application for renewal of its Company Permit in order to allow sufficient time to review the application for renewal. Failure to submit an application for renewal of the Company Permit at least sixty (60) days prior to the current expiration could result in a lapse in the Company Permit and suspension or revocation of Taxicab Permits. A lapse in the Company Permit may require a Company to submit an application and fees for a new Company Permit, and fees for Taxicab Permit(s).
2.7. Company Permit Suspension/Revocation.
A Company Permit may be suspended or revoked by CITY for any of the following reasons:
2.7.1 Providing late, false, or inaccurate information in the Company Permit application.
2.7.2 Allowing operation of a Taxicab by a driver not possessing a valid CITY Driver Permit when stating that the driver is affiliated with the Permittee.
2.7.3 Failure to comply with the CITY Regulations.
2.7.4 Operation of any Taxicab at a rate higher than the authorized fare or an agency program as described in Section 2.10.
2.7.5 Failure to cooperate with an Agency’s law enforcement officers, code enforcement officers, CITY staff, and/or California Highway Patrol.
2.7.6 Operating its business in violation of the insurance requirements in Section
2.1.3. 2.7.7 Failure to comply with the drug and alcohol policy and program required in Section 2.1.2.
2.7.8 Failing to fully satisfy any court judgment entered against the Company arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to California Code of Civil Procedure § 683.020 and § 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to California Code of Civil Procedure § 683.120.
2.7.9 Circumstances providing grounds for denial of a Company Permit as outlined in the CITY Regulations.
2.7.10 Violating Government Code § 53075.9 pertaining to advertising.
2.7.11 For good cause, subject to appeal pursuant to Section 8. 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 company not specifically outlined in this Section, that would be prudent to consider in order to protect the public.
2.8 Company Permit Penalties/Suspensions.
In lieu of revocation, CITY may impose a penalty in the form of a fine, a period of suspension, or both a fine and period of suspension. The CITY Administrative Action and Fines are
outlined in Municipal Code 5.48.140
2.9 Right to Appeal.
A Company Permit applicant or Permittee may appeal a Company Permit denial, revocation, suspension, or fine as provided for in Section 8.
2.10 Agency or Other Transportation Agreements.
2.10.1 A CITY Permittee may participate in agency or other transportation programs within the jurisdiction of CITY under the following conditions:
2.10.1.1 Transportation program requirements do not conflict with CITY Regulations. Agency or other providers may require standards and guidelines that are greater than general CITY requirements. The agency or provider is responsible for managing and monitoring its program-specific requirements.
2.10.1.2 Permittee is in good standing with CITY, maintains all required CITY permits, and continues to comply with all CITY
requirements.
2.10.1.3 Taxicab Driver must continue to display CITY Driver Permit regardless of any other agency or program identification that may be required by the sponsoring agency.
2.10.1.4 Permittee may establish a specialized fare structure for agency or program trips through its agreement with the agency.
2.10.1.5 For on-demand (flagged) trips, the metering device must be operated any time the Driver is carrying a customer on behalf of Permittee, regardless of an agreement pursuant to Section 6.4.
3. DRIVER PERMITS
A Driver must be affiliated with a CITY permitted Company and possess a valid CITY Driver Permit in order to operate a Taxicab.
3.1. Driver Permit Requirements
A Driver Permit may be obtained from CITY, 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 Valid California driver license (Class C).
3.1.3 California Department of Motor Vehicles K4 driver record report or other similar DMV-issued driver record report that is acceptable to CITY and is issued within thirty (30) days of submission of a complete application package.
3.1.4 A negative drug and alcohol screening test administered by Permittee’s program administrator within the previous thirty (30) days in compliance with California Government Code § 53075.5(b)(3).
3.1.5 Proof of enrollment in Permittees current and active random drug and alcohol program.
3.1.6 Department of Justice (DOJ) Live Scan fingerprint background check submission and Subsequent Notification Program (SAP) enrollment submitted at an approved California Department of Justice finger printing agency.
3.1.7 Acceptable CDL and DOJ background checks.
3.1.8 Payment of all applicable fees.
3.2 Driver Permit Issuance.
A Driver Permit shall be issued within five (5) business days after satisfaction of requirements in Section 3.1.
3.3 Term of Driver Permit.
A Driver Permit is valid for two (2) years unless extended, suspended, revoked, otherwise terminated, or when issued based on a temporary or interim California driver license.
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 five (5) 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 in accordance with the CITY fee structure.
3.5 Driver Permit Limitation.
A CITY 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, a subsequent Driver Permit previously issued based on a temporary or interim California driver license, or a permit that is reinstated following suspension or vacation hold* may be obtained from CITY 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 and shall not exceed the Driver’s annual permit period.
* A driver may place their permit on vacation hold for up to 90 days by surrendering the permit to CITY and providing the anticipated return date. Drivers whose permits are not reinstated within 90 days must submit to a new DOJ background check and a return to work drug and alcohol screen before their permit may be reinstated.
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 CITY:
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 CITY Driver Permit to be transferred.
3.7.5 Verification of enrollment transfer in Permittee’s current and active random drug and alcohol program.
3.7.6 Driver shall not operate a Taxicab until the transfer permit is obtained and in possession of the Driver pursuant to this Section.
3.7.7 A transferred Driver Permit shall expire on the same date as the original Driver Permit and shall not exceed the Driver’s permit period.
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 Fails to enroll in the required random drug and alcohol program.
3.8.4 Fails the required drug and/or alcohol test. Upon testing positive for drugs and/or alcohol, the applicant shall not be eligible to reapply for a Driver Permit for a period of one (1) year from the test date.
3.8.5 Falsifies, or fails to disclose, material information on the application for a Driver Permit.
3.8.6 Is required to register as a sex offender pursuant to California Penal Code § 290.
3.8.7 Is on formal probation or parole for any offense outlined herein.
3.8.8 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 § 2800.2 (pertaining to disregard for safety of persons or property), § 2800.3 (pertaining to flight from peace officer causing death or bodily injury), or § 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; pimping; crimes related to the manufacture, use, sale, possession, or transportation of controlled substances; sale or transportation of marijuana; crimes involving weapons; any crime for which registration would be required under California Penal Code § 290; crimes involving credit card fraud or use of another person’s identifying information without authorization (California Penal Code § 530 or equivalent or substitute sections); or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a Taxicab driver.
3.8.9 Is convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed in Section 3.8.8, within eight (8) years of application.
3.8.10 Is convicted (or pleads guilty or nolo contendere) of any of the following within years (10) years of application: reckless driving; driving under the influence of intoxicating liquors or drugs (DUI); use or possession of marijuana; a violation of California Vehicle Code §2800.1 (pertaining to flight from peace officer); § 20002 (pertaining to duty where property is damaged), § 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; and Penal Code §§ 240, 241, 242, and 243 or any corresponding substitute sections pertaining to assault and battery.
3.8.11 For good cause, subject to appeal pursuant to Section 8 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 an CITY Driver Permit.
3.8.12 Fails to execute a lease, sublease, or owner-operator agreement with Permittee.
3.9 Driver Permit Suspension/Revocation.
A Driver Permit may be suspended or revoked by CITY for any of the following reasons:
3.9.1 Failure to comply with the applicable provisions (including timeliness of submissions) of the CITY Regulations.
3.9.2 Circumstances providing grounds for denial of a Driver Permit as outlined in the CITY 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, CITY staff, and/or California Highway Patrol officers.
3.9.5 Notification to CITY by the Permittee that the Driver is no longer an authorized driver for the Permittee.
3.9.6 Testing positive on a drug and alcohol screening, or failure to submit to Permittees random drug and alcohol testing program.
3.9.7 Not enrolled and active in the required random drug and alcohol program.
3.9.8 For good cause pursuant to Section 8, 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 an CITY Driver Permit.
3.9.9 A Driver whose permit is revoked shall be prohibited from applying for a new Driver Permit for one (1) year from the date of revocation.
3.9.10 DOJ Custodian of Record (Orange County Sheriff) notification of a disqualifying condition or other circumstances providing grounds for denial of a Driver Permit as outlined in the CITY Regulations.
3.10 Driver Permit Penalty/Suspension.
In lieu of revocation, 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 CITY Regulations.
The CITY Administrative Action and Fines are outlined in Municipal Code 5.48.140.
3.11 Driver Permit Appeal.
The denial, suspension, or revocation of a Driver Permit may be appealed as provided in Section 8.
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 CITY within forty-eight (48) business hours.
4. TAXICAB PERMITS
4.1 Taxicab Permit Required.
No person shall operate a Taxicab, or advertise a Taxicab business, on behalf of a Permittee within the Area of Jurisdiction of an Agency without a Taxicab Permit from CITY, unless otherwise authorized by Government Code § 53075.5. At all times while providing taxi service, the Taxicab Vehicle Permit must be displayed in the passenger-side corner of the rear window of the Taxicab for which the Taxicab Permit is issued. A Taxicab Permit is nontransferable and is valid for two (2) years unless extended, suspended or revoked.
4.2 Inspections.
Prior to issuance or renewal of a Taxicab Permit, 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. Company must submit proof to CITY, signed by the inspecting facility, that the Taxicab has met all inspection standards.
4.3 Vehicle Replacement.
CITY shall issue a Taxicab Permit for a replacement Taxicab, valid for the time remaining under the Taxicab Permit of the replaced Taxicab, upon satisfaction of the following conditions:
4.3.1 Permittee submits the new Taxicab within two weeks of the time that the original permit is surrendered.
4.3.2 Surrender of the existing Taxicab Permit to CITY.
4.3.3 Payment of Vehicle Permit 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.
4.4 Taxicab Permit Renewal.
A Taxicab Permit shall be renewed annually upon payment of applicable fees and submission of proof satisfactory to CITY that the Taxicab passes an inspection by a facility certified by an ASE-certified or BAR-registered facility.
4.4.1 Upon the successful completion of the above requirements, CITY shall provide a new expiration year for the Taxicab Permit.
4.4.2. A Taxicab presented for renewal after the permit expiration date will be charged late fees, up to and including the date the Taxicab permit is renewed (in accordance with the current CITY Fee Structure) and subjects the Permittee to other administrative actions and fines.
4.5 Taxicab Permit Surrender.
A Permittee, when selling or removing a Taxicab from the fleet, must assure that the CITY Taxicab Permit, welcome decals, and other CITY Taxicab markings are removed and that the vehicle cannot be mistaken by the public as an authorized Taxicab. CITY Permits and welcome decals must be surrendered to CITY within forty-eight (48) business hours.
4.5.1 A Permittee must surrender the Taxicab Permit to CITY if a Taxicab has been removed from the CITY-approved insurance policy, if the Taxicab Permit is revoked, or upon its expiration (if the Taxicab Permit will not be renewed).
4.5.2 A Taxicab permit which is voluntarily surrendered by a Permittee can be replaced upon completion of an annual Taxicab inspection and payment of the required fees, or as provided in Section 4.6.
4.6. Replacement Taxicab Permit.
If a Taxicab Permit has been damaged or is missing due to theft or destruction, a replacement permit will be issued to the same Taxicab and Permittee, upon payment of the required replacement fee. The replacement Taxicab Permit shall be valid for the remaining term of the Taxicab Permit that was replaced.
5. TAXICAB REQUIREMENTS
All Taxicabs shall meet the requirements of the California Vehicle Code, including, but not limited to, California Vehicle Code § 24000, et seq. The California Vehicle Code shall take precedence over any CITY Taxicab requirement. Taxicabs must be maintained to these standards at all times.
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.
5.2 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 Code § 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 Permittee showing the same Permittee name and address or registered to the CITY permitted Driver showing the same permitted Driver name and address.
5.3 Taxi Company Designation.
Permittee’s 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 Permittee.
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, Permittee name, charge amount, date, and time of transaction.
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 Agency or other Transportation Agreements.
Permitted CITY Drivers may participate in agency or other transportation programs within the jurisdiction of CITY under the following conditions:
6.5.1 The Driver must continue to follow all CITY Regulations.
6.5.2 The Driver must continue to display the CITY Driver Permit regardless of any other identification that may be required by the program or agency.
6.5.3 Taximeter must continue to be operated at any time that the Driver is carrying a customer, regardless of any other fare agreement.
6.6 Advertising.
Every permitted Driver shall comply with Government Code § 53075.9 and include, in every written or oral advertisement of the Driver’s Taxicab services, the name of the Permittee, the Permittee’s CITY Permit number, and the Driver’s CITY Permit number. An advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing or allowing the placement of any sign or marking on or in any building or structure; or an advertisement in any media form, including newspaper, magazine, radio wave, satellite signal, or any electronic transmission, or in any directory soliciting Taxicab transportation services.
7. REPORTING VIOLATIONS OF CITY REGULATIONS
CITY may investigate for violations of CITY Regulations and issue any appropriate administrative actions, including fines. CITY will not 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’s license plate number, color, make and model, and any distinctive characteristics.
Reports alleging a violation of Government Code § 53075.9 pertaining to advertising must provide a copy or sample of the advertising information (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non- compliance with the statute.
8. 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.
8.1 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 on a form provided by CITY. 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.
8.2 Stay.
Except as provided in Section 8.3., if an appeal is properly filed the adverse action shall be stayed pending the final determination on appeal.
8.3 Stay, Exception.
If 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.
8.4 Initial Review of Appeal.
If an appeal is timely filed, CITY shall either make the final decision regarding the appeal or shall assign a hearing officer to make the final decision regarding the appeal. CITY 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.
8.5 Hearing Officer.
In the event CITY elects to assign a hearing officer to decide the appeal then the following shall apply:
8.5.1 The hearing officer shall not have participated in the decision which is the subject of the appeal.
8.5.2 The hearing officer shall expeditiously schedule the appeal hearing.
8.5.3 The appellant and CITY 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.
8.5.4 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 relying in the conduct of serious affairs shall be admissible.
8.5.5 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.
8.5.6 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.
8.5.7 The hearing officer shall have the discretion to determine the appropriate action in response to the appeal.
8.5.8 The decision of the hearing officer shall be the final administrative remedy and shall be binding upon the parties to the appeal.
8.5.9 If the hearing officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to CITY.
8.6 Administrative Hearings.
Administrative hearings may be held at the discretion of CITY when the denial, suspension, or revocation of a Company Permit or Driver Permit, or other administrative actions, are initiated for good cause and in the interest of the health, welfare, and safety of the public.
9. PERMIT FEES AND TAXICAB FARES
9.1 CITY Permit Fees.
A schedule for Permit fees is approved by City Council in the amount necessary to recover all costs incurred by the CITY to administer the Taxicab Program. The fee schedule adopted by the City Council is attached hereto as “Attachment 1.”
9.2 Metered Rates.
Taxicab metered rates are established by CITY for on-demand (flagged) trips.
9.2.1 The CITY adopts the metered rates which is attached hereto as “Attachment 2.”
9.2.2 The CITY may revise the Metered Rates as needed.
9.3 Refund Policy.
There shall be no refund of any portion of the fees described in the CITY Regulations.
10. AMENDMENTS TO REGULATIONS
10.1 Administrative Amendments.
The City Manager or designee may adopt administrative amendment(s) to the CITY Regulations.
10.2 CITY Permit Fees and Taxicab Metered Rates.
10.2.1. Sections 10.1 above shall not apply to an amendment to the CITY fee schedule, attached hereto as Attachment “1,” which is adopted by the City Council.
10.2.2. An amendment of the Taxicab Metered Rates for On-Demand (Flagged) Trips attached hereto as “Attachment 2” and adopted pursuant to Section
9.2 of these Regulations shall be considered an administrative amendment pursuant to Section 10.1 in order to ensure uniformity of fares within Orange County.
--End of Regulations--
ADMINISTRATIVE REGULATION 315 – Attachment 1
CITY OF HUNTINGTON BEACH TAXICAB PROGRAM
FEE STRUCTURE
Company Permit
Two-Year Permit $3,086
Vehicle Permits (per vehicle)
Two-Year Permit $256
Driver Permits
Two-Year Permit $416
Replacement Permits
Expires same day as original permit $66
Fees shown are paid to the City of Huntington Beach. Additional fees are paid by Permittee for drug testing, fingerprinting, background check, and vehicle inspections. City Technology Fee also applies. Technology Fee is in addition to the base permit fee.
ADMINISTRATIVE REGULATION 315 – Attachment 2
CITY OF HUNTINGTON BEACH APPROVED TAXICAB METERED RATES FOR ON-
DEMAND (FLAGGED) TRIPS
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile) $32.00 per hour wait time (Approximately $0.53 per minute) No Extra Charge for Additional Passengers.