RES-9163 Adopting Revised Taxicab RegulationsRESOLUTION NO. 9163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE ADOPTING REVISED TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM.
WHEREAS, the City Council of the City of Orange ("City") has heretofore adopted
Ordinance No. 26-97 on October 28, 1997 for the purpose of adding Chapter 5.79 to the
Orange Municipal Code relating to the regulation of taxicabs in conjunction with the Orange County
Taxi Administration Program ("OCTAP") administered by the Orange County Transportation
Authority OCTA");
and WHEREAS, pursuant to Ordinance No. 26-97 and Chapter 5.79 of fue
Orange Municipal Code, the City Council fuereafter entered into an Inter-Agency Agreement with
OCTA, whereby the City agreed to participate in the OCTAP and OCTA agreed to provide
the staff administrative services necessary to implement
OCT AP; and WHEREAS, by fue adoption of Resolution No. 8841 on October 28, 1997,
the City Council adopted certain regulations (the "Original Regulations") promulgated by
OCTA to implement Chapter 5.79 of the Orange Municipal Code for the purpose of regulating taxicab service
in
the City;and WHEREAS, OCTA is authorizedunder Section 9.1 of the Original
Regulations to make administrative changes to the Original Regulations upon written notification to the City as
well as to each City participating in
the OCTAP; and WHEREAS, OCTA has submitted to the City its revised taxicab regulations
for the OCTAP and has requested the City to
approve same; and WHEREAS, the City Council has reviewed the revised OCT AP regulations
and desires to approve same in accordance with the authority contained in Section 5.79.020
of fue
Orange MWlicipal Code.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of
Orange as
follows:lilln.1:The revised OCTAP regulations, in the form attached to this Resolution,
and the City Clerk is hereby authorized and directed to forward a certified copy of this Resolution to
the Administrator of OCT AP.
ADOPTED this 24tltlay of August
e Coontz, Mayor of the ity of Orange
ATTEST:
M"'~ A- Cu--A./
Ad Cassandra 1. CathcalV,City Clerk of the City of
Orange I hereby certifY that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on theu.uday ofAuaust ,1999,
by the following
vote:AYES: COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ NOES: COUNCILMEMBERS:
NONE ABSENT: COUNCILMEMBERS:
NONE ABSTAIN: COUNCILMEMBERS:
NONE Cassandra J. Cathca, ity Clerk ofthe City of
OrangeRes(J.
No.
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION
oCTAl:>>
TAXI,'
1. PURPOSE
1.1. These regulations implement the provisions of the taxicab
ordinances, as passed by City Council of each OCTAP participating City, and
regulate taxicab service within the City.
DEFINITIONS
2.1. "Driver" means a person who drives or controls the movements of a
taxicab.
2.2. "Driver Permit" means a valid permit issued by OCTAP authorizing
cl person to drive or control the movements of a taxicab.
2.3. "OCTA" means the Orange County Transportation Authority.
2.4. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
2.5. "Company" includes natural person, firm, association, organization,
partnership, business, trust, corporation or public entity.
2.6. "Taxicab" means a vehicle capable of carrying not more than eight
persons, excluding the driver, and used to carry passengers for hire. The term
shall exclude a vehicle operating as a Charter Party 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.
2.7. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a company to operate a taxicab business in any participating city
which allows the company to serve that city.
2.8, "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab,
1 1999 OCTAP Regulations - Final Revised 1/27/99
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3. TAXICAB BUSINESS PERMITS
3.1~' No company shall operate a taxicab business within the City
without having first obtained a Taxicab Business Permit from OCTAP.
3.2. A Taxicab Business Permit shall be issued from OCTAP if the
following conditions have been satisfied:
3,2.1. Submission of a completed Taxicab Business Permit
application;
3.2.2, submission of a copy of applicant's drug and alcohol policy
mE!eting OCTAP requirements;
3.2.3. submission of evidence of insurance, in full force and effect,
in such form as required by OCTAP, issued by a solvent and responsible
company licensed to do business in the State of Califomia, insuring the applicant
against 10$s by reason of injury or damage that may result to persons, including
ta:(icab passengers, or property, from the negligent operation or maintenance of
such taxicab, Applicant shall provide a Certificate of Insurance showing that the
applicant is insured for minimum combined single limit of one million dollars
1,000,000) for the injury or death of one or more persons in the same accident,
and one hundred thousand dollars ($100,000) for injury or destruction of
property. In addition, applicant shall direct the insurance company to provide to
OCT AP certified copies of Endorsements to the insurance policy 1) naming the
cities participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, its Officers, Directors, Employees and
Agents as additional insureds; and 2) indicating that coverage shall not be
reduced, terminated or canceled without thirty (30) days' prior written notice to
OCTAP. OCTAP reserves the right to request certified copies of all related
insurance policies;
3.2.4. submission of financial documents and other information as
required by OCTAP;
2 1999 OCTAP Regulations - Final Revised 1127/99
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3.2.5. submission of Department of Motor Vehicles (DMV) Pull
Notice Program Requester Code Number issued to applicant, as defined in
Vehicle Code Section 1808.1. Company is required to immediately notify the
OCT AP Administrator if it receives a DMV Pull Notice on one of their drivers
which would affect the driver's OCTAP Driver Permit. In the event the driver's
OiMV record indicates he/she no longer qualifies for a Driver Permit, company
shall require driver to turn over Driver Permit to company. Company shall return
the Driver Permit to the OCTAP Administrator. DMV Pull Notice records shall be
made available to the OCTAP Administrator upon request.
3.2.6. submission of proof of current California Department of
Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit
application. All vehicles listed in the Taxicab Business Permit application shall be
r'egistered to the applicant;
3,2.7. every owner, partner or principal officer of applicant has
5iubmitted to fingerprinting by the Orange County Sheriffs Department;
3.2.8. every owner, partner or principal officer of applicant has
successfully cleared a local background check; and
3.2.9. submitted payment of all applicable fees including but not
limited to background check fee, Taxicab Business Permit application fee,
Taxicab Vehicle Permit application fee, etc.
3.3. A Taxicab Business Permit shall be denied if any owner, partner or
principal officer of applicant fulfills any of the following grounds for denial:
3.3.1. Under the age of 18 years.
3.3.2, Falsification of material information on application for
Taxicab Business Permit within the past one (1) year.
3.3.3. Registered sex offender pursuant to California Penal Code
Section 290.
3 1999 OCTAP Regulations - Final Revised 1/27/99
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3.3.4. On formal probation or parole for any offense outlined in
Se(~ion 3.3 of these regulations.
3.3.5. Conviction (or plea of guilty or nolo contendere) in any state
for any of the following: murder; robbery; pandering; pimping; crimes related to
the sale or transportation of controlled substances; crimes involving the use of a
weapon; or any other offense involving moral turpitude or any crime that is
substantially related to the qualifications, functions or responsibilities of a taxi
owner.
3.3.6. Conviction (or plea of guilty or nolo contendere) in any state
for a felony other than those listed in the previous section within eight (8) years
of application.
3.3,7. Any conviction within five (5) years of application (or plea of
gUlilty or nolo contendere) in any state or any final administrative determination of
a violation of any statute, ordinance, or regulation reasonably and rationally
pertaining to the same or similar business operation which would have resulted
in suspension or revocation of the Taxicab Business Permit under these
regulations.
3.4. At the time the Taxicab Business Permit application is submitted,
applicant shall provide to OCT AP a list of drivers authorized to operate the
vl~hicles identified in the Taxicab Business Permit.
3.4.1. Permittee shall provide OCTAP with notice by fax within 72
hours in the event that any driver listed in the Taxicab Business Permit is no
longer authorized to operate a vehicle identified in the Taxicab Business Permit.
3.5. Upon company's successful satisfaction of the conditions listed
above, company shall be issued an OCTAP Taxicab Business Permit.
3.6. Once OCTAP issues a Taxicab Business Permit, the company
must then be authorized by the City and must pay any applicable business
license tax before operating in the City.
4 1999 OCTAP Regulations - Final Revised 1/27/99
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3.7. A Permittee may add additional drivers to its list of drivers
authorized to operate the vehicles identified in the Taxicab Business Permit,
provided that:
3.7.1. Permittee has submitted to OCTAP an Intent to Hire/Intent
to Lease a Taxicab form identifying the driver as being employed or given a
written offer of employment or as being a self-employed independent
contractor or the company;
and 3.7.2. the driver to be added has been issued a Driver Permit
by OCT AP which states the driver is affiliated with the Permittee and identified
as either an employee or leased
driver.3.8. The Taxicab Business Permit is valid for one (1) year from the
date of its issuance unless sooner suspended or
revoked.3.9. At least thirty (30) days prior to expiration of the Taxicab
Business Permit, the Permittee should submit an application for renewal of its
Taxicab Business Permit pursuant to Section 3 of these
regulations.3,10. A Taxicab Business Permit may be suspended or revoked by
the OCT AP Administrator for the following
reasons:3.10.1. Providing false or inaccurate information in
the Taxicab Business Permit application;
or 3.10.2. Allowing operation of a taxicab by a person not
in possession of a valid Driver Permit stating that the driver is affiliated with
the company;
or 3.10.3, Failure to comply with the applicable provisions
of these regulations;
or 3.10.4. Failure of authorized drivers to comply with
the applicable provisions of these regulations;
or 3.10.5. Operation of any taxicab at a rate of fare higher
than those fares adopted by the City;
or 5 1999 OCTAP Regulations - Final Revised 1127199
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TAXI
3.10.6. Failure to cooperate with local agency law
enforcement, code enforcement officers, and/or OCTAP staff.
3.11. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension,
3.12. A Taxicab Business Permit applicant may appeal a permit denial,
slUspension or revocation in accordance with the appeal provisions set by
OCTAP.
4. VEHICLE INSPECTIONS
4.1. Upon issuance of a Taxicab Business Permit and prior to
operating, Permittee shall bring each vehicle listed in the Permit to the OCTAP
facility for a vehicle inspection. OCTAP may, at its discretion, conduct vehicle
inspections at the operator's facility,
4,2. Upon meeting all requirements and passing the vehicle inspection,
OCTAP shall issue a nontransferable Taxicab Vehicle Permit sticker for each
approved vehicle. The Taxicab Business Permit sticker shall immediately be
affixed to the left-hand comer of the rear windshield of the vehicle for which
the sticker is issued. The Taxicab Vehicle Permit is valid for one (1)
year.4.3. Vehicles that fail a vehicle inspection shall pay the re-
inspection fee and be presented for re-inspection after the identified
corrections have been made. If such corrections have been made and if the
vehicle othelWise complies with these vehicle inspection standards, a Taxicab Vehicle
Permit
shall be issued.4.4. In addition to the initial and annual vehicle
inspection, all taxicabs operated under OCTAP shall submit to on the road or
random inspections by OCTAP inspectors or authorized city peace officers
and code enforcement officials when requested. Failure to submit to an inspection
may result in suspension of the Taxicab Vehicle Permit. The OCTAP
inspector shall complete 6 1999 OCTAP Regulations - FinalRevised 1/
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OCTAP
TAXI
an inspection report at the time of inspection which shall indicate, in the opinion
of the OCTAP inspector, what repairs, if any, need to be made to the vehicle.
One copy of the report shall be given to the driver. OCTAP shall mail a copy of
the report to the company to whom the vehicle is registered.
4.4.1. If the inspection report indicates the need for repairs to a
vehicle, the company is required to bring the vehicle to OCTAP for re-
inspection within the time frame provided in the report to verify that the required
repairs have been made. A re-inspection fee shall be required at time
of re-inspection.4,4.2. In the event that repairs have not been made
to a vehicle within the time frame provided for in the report, the
Taxicab Vehicle Permit sticker shall be suspended until corrections have been made
to the satisfaction of
OCTAP or revoked.4,5. Permittee may replace any of the vehicles listed
in the Taxicab Business Permit with another vehicle upon satisfaction
of
the following conditions:4.5.1. Surrender of the vehicle to be replaced
to OCTAP for n3moval of the Taxicab
Vehicle Permit sticker;4.5.2. successful passing of a vehicle
inspection by the
n3placement vehicle; and 4.5.3. payment of Taxicab Vehicle
Permit transfer fee.4.6. Upon satisfaction of the conditions stated
above, OCTAP shall clelete the vehicle identification number of the vehicle to be
replaced in the Taxicab Business Permit and add the vehicle identification
number of the replacement vehicle. OCTAP shall issue a new Taxicab Vehicle
Permit sticker for the replacement vehicle that shall be valid for the term
remaining under the Taxicab Vehicle Permit sticker of
the replaced vehicle.4.7. The Taxicab Vehicle Permit shall be renewed
annually by bringing each vehicle listed in the permit application to the OCTAP facility
for a vehicle 7 1999 OCTAP Regulations - FinalRevised 1/
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inspection and paying all applicable fees. OCTAP may, at its discretion, conduct
vehicle inspections at the operator's facility.
4.8. Upon the successful completion of the vehicle inspection, OCTAP
shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for
each of the vehicles registered in the Taxicab Business Permit.
5. DRIVER PERMITS
5.1. No person shall drive a taxicab within an OCTAP city without
having first obtained either a temporary or a permanent Driver Permit from
OCTAP.
5.2. A temporary Driver Permit may be obtained from OCTAP, provided
thalt the prospective driver has satisfied the following conditions:
5.2.1, submitted a completed Driver Permit application that is
signed by a representative of the OCTAP-approved taxicab company the
driver intends to work
for;5.2.2. submitted the Driver Permit application
fee;5.2.3. presented a valid California Driver
License;5.2.4, submitted two current 2" x 2" professional quality
color phl)tos (passport photos) of the
applicant;5.2.5. successfully passed a drug and alcohol screening test
within the, previous 30 days in compliance with California Government Code
Section 53075.5 (b) (
3);5.2.6. submitted to fingerprinting by the Orange County
Sheriffs
Department;5,2.7. successfully cleared a local background check
and possesses a valid California Driver License;
and 5,2.8. submitted payment of all applicable fees, including
the background check fee and Driver Permit application
fee.8 1999 OCTAP Regulations - Final Revised 1127/99
lrAXICAB REGULATIONS OF THE
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5.3. The temporary Driver Permit shall be valid for 90 days and shall be
replaced by a permanent Driver Permit within such 90 days unless extended by
OCTAP for a specified period.
5.4. A permanent Driver Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5. A permanent Driver Permit is valid one (1) year from the date the
temporary Permit was issued, unless sooner suspended, revoked or otherwise
terminated.
5.6. A driver who has been issued an OCTAP Driver Permit may only
pick up passengers in those cities that have authorized the company he/she
represents.
5.7. At least ten (10) working days prior to expiration of the Driver
Permit, the driver should re-apply for a Driver Permit pursuant to Section 5
of these
regulations.5.8. All Driver Permits issued by OCTAP, including temporary
Driver Permits, shall be valid only for the driver in operation of a taxicab for
the company indicated on the Driver Permit. No driver may operate a taxicab for
a company other than the company listed on the driver's Driver
Permit.5.9 Taxicab drivers must have a valid taxicab Driver Permit in
their immediate possession at all times while operating a
taxicab.5.10 Taxicab drivers shall not use or hold in their possession
another person's OCTAP Driver
Permit.5.11. A replacement for a lost Driver Permit may be obtained
fromOCT AP, provided that the driver has satisfied the following
conditions:5.11.1. submitted a replacement Driver Permit form
along with the Driver Permit replacement fee;
and 5.11.2. provided two current 2" x 2" professional quality
color photos (passport
photos).9 1999 QCTAP Regulations - Final Revised 1/27/99
TAXICAB REGULATIONS OF THE
OIRANGE COUNTY TAXI ADMINISTRATION
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TAXI
5.12. The replacement Driver Permit shall expire on the same date as
the, replaced Permit.
5.13 A driver may transfer his/her permit to another taxicab company
provided that the driver has satisfied the following conditions:
5.13.1 . completed a driver permit application that is signed by
an authorized representative of an OCTAP approved taxicab company;
5.13.2 successfully passed a drug and alcohol screening test
within the previous 30 days;
5.13.3 submitted the Driver Permit transfer fee; and
5.13.4 submitted two current 2" x 2" professional quality
collor photos (passport photos) of the applicant.
5.14. A Driver Permit applicant may appeal a permit denial in accordance
with the appeal provisions set by OCT AP.
5.15. A Driver Permit shall be denied if applicant meets any of the
following grounds for denial:
5.15,1. Under the age of 18 years.
5.15.2. Does not possess a valid California Driver License
Class C).
5.15.3 Failure to test negative for drugs and/or alcohol as
required in section 5.2.5. Upon testing positive for drugs and/or alcohol, the
applicant shall not be eligible to reapply for a Driver Permit for a period of six
months from the drug screen date.
5.15.4. Falsification of, or failure to disclose, material
information on application for Driver Permit within the past one (1) year.
5.15,5. Required to register as a sex offender pursuant to
California Penal Code Section 290,
5.15.6. On formal probation or parole for any offense outlined
in Section 5.15 of these regulations.
10 1999 OCTAP Regulations - Final Revised 1/27/99 I
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TAXICAB REGULATIONS OF THE
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5,15.7. Any conviction (or plea of guilty or nolo contendere),
regardless of the time elapsed, in any state, of any of the following or their
equivalent: murder; a violation of California Vehicle Code Section 2800.2
pertaining to disregard for safety of persons or property), Section 2800.3
pertaining to flight from peace officer causing death or bodily injury) or Section
20001 (pertaining to duty to stop at scene of accident); robbery; pandering;
pimping; crimes related to the use, sale, possession, or transportation of
controlled substances; crimes involving weapons; any crime for which
n~gistration 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 taxi driver
5.15.8. Conviction of any felony in any state (or plea of guilty
or nolo contendere), other than those felonies listed in Section 5.15.7, within
eight (8) years of application.
5.15.9. Conviction (or plea of guilty or nolo contendere) of
any of the following within five (5) years of application: reckless driving; driving
under the influence of intoxicating liquors or drugs (DUI); a violation of California
Vehicle Code Section 2800,1 (pertaining to flight from peace officer); Section
20002 (pertaining to duty where property 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.
5,16. A Driver Permit may be suspended or revoked by the OCTAP
Administrator for the following reasons:
5.16.1. Failure to comply with the applicable provisions of
these regulations;
5,16.2. Circumstances furnishing grounds for the denial,
revocation, or refusal to renew the Driver Permit as outlined in these regulations;
11 1999 OCTAP Regulations - Final Revised 1/27/99
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5.16.3.Revocation or suspension of Permittee's California
Driver License;
5.16.4. Failure to cooperate with local agency law
enforcement, code enforcement officers and/or OCTAP staff; or
5.16.5, Notification to OCTAP by the taxicab company that
the Permittee is no longer an authorized driver.
5.17. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
6. VEHICLE INSPECTION STANDARDS
6.1. The minimum vehicle standards are those of the California Vehicle
Code (CVC). All taxicabs shall meet all applicable standards of the 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
orliginal equipment manufacture), as specified in Section 6 herein. Vehicle must
be maintained to standards at all times.
6,1.1. Body Condition
6.1.1.1. No body damage, frame damage, tears or rust
holes in the vehicle body and/or loose pieces hanging from the vehicle body are
pelmitted. Front and rear fenders, bumpers, hood, trunk, and trim shall be
securely fixed and shall be in correct alignment to the vehicle as OEM. Body
damage shall be defined as an unrepaired dent, distortion, depression, bulge,
tealr, hole, or disfigurement.
6.1,1.2. The exterior of the vehicle shall be maintained
in ,a reasonably clean condition and shall be free of excessive dirt, tar, oil, and
rust
6.1.1.3 The vehicle paint shall not be faded, blistered,
cralcked, checked, peeled, or scratched.
12 1999 OCTAP Regulations - Final Revised 1/27/99
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6.1.2. Brake System
6.1.2.1. Per CVC 26453.
6.1.3. Climate Control
6.1.3.1. The Defroster must be operational per CVC
2€i712.
6.1.3.2 The air conditioning/heating units shall be
functional at all times, The air discharged from the air conditioner interior vent
system shall be continuously cool. All air conditioning temperature controls and
functions shall operate as originally designed and manufactured with no knobs or
components broken or missing, Systems shall operate on all OEM speeds with
nc) excessive noise.
6.1.4. Exhaust System
6.1,4.1. Per CVC 27153.
6.1.5. Fuel Tank Cap
6.1.5.1. Per CVC 27155.
6.1.6. Horn
6.1,6.1, Per CVC 27000.
6.1.7. Hubcaps
6.1.7.1. Hubcaps or wheel covers shall be of like style
and shall be on all wheels for which hubcaps are standard equipment.
6.1.8. Interior Condition
6.1.8.1. Passenger compartment, driver compartment,
clnd trunk or luggage area shall be clean and free of foreign matter, offensive
odors and litter.
6.1,8.2. Seat upholstery shall be clean. Interior walls,
c:arpet 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.
13 1999 OCTAP Regulations - Final Revised 1127199
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6.1.8.3, Door handles and doors shall be intact, clean
and operational. Each door shall be capable of being unlocked and opened from
the interior of the vehicle.
6.1.8.4 Dashboards shall be maintained in a manner
that is clean and free of loose articles. Dashboards shall be free of: cracks,
holes, and tears,
6.1.9. Interior Information
6.1.9.1. A 4" x 6" information card shall be displayed in
plain view of all passengers at all times that a taxicab is in operation.
6.1.9.2. The information carel shall contain the following
information on the permit holder: name, business address and telephone number
of the OCTAP-approved taxicab company; the name, address, and
phone number of the regulating agency (OCTAP) and rate schedule approved by
the
Cit~.6,1.9.3. The valid Driver Permit issued to the
operating driller shall be in plain view of all passengers at all times that the taxicab is
in opl~
ration.6.1.10. License
Plates 6.1.10.1. Per CVC
5202.6,1.11. Lights and
Lenses 6.1.11.1. Headlights shall be operational on both
high and low beams (CVC
24400).6.1.11.2. Tail lights shall be operational and the
light emitted be red in color (CVC
24600).6,1.11.3. Emergency flashers shall be operational (
CVC 24:~
52).6.1.11.4.Reverse lights shall be operational (
CVC 241306(
a)).14 1999 OCTAP Regulations - Final Revised 1/27/99
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6,1.11.5.Turn signal lights shall be operational (CVC
24951(b)(1)).
6.1.11.6.Brake lights shall be operational (CVC
24603(b)).
6.1.11.7.License plate light shall be operational (CVC
24601).
6.1.11.8.
6.1.11.9
Interior lights shall be operational.
Light lenses must be intact and contain no
holes or large cracks.
6.1.12. Markings
6.1.12.1. Exterior markings shall consist of company
name, phone number, body number and other OCTAP approved logo. Such
exterior markings shall be properly and neatly placed and easy to read (in
c:ontrasting colors).
6.1.12.2. Company name shall be placed on each side
Clf vehicle in letters not less than 3 inches in height (in contrasting colors).
6.1.12,3. Vehicle number shall be placed on each side
and rear of vehicle in numbers not less than 3 inches in height.
6.1.13. Mirrors
6.1.13.1. Per CVC 26709,
6.1.14. Muffler
6,1.14.1. Per CVC 27150(a).
6.1.15. Parking Brake
6.1.15.1. Per CVC 26451.
6.1.16. Proof of Insurance
6.1.16.1. PerCVC 16020 through 16028.
15 1999 OCTAP Regulations - Final Revised 1/27/99
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6.1.17. Radio
6.1.17.1. Vehicle shall be equipped with a two-way
radio or cellular phone in working
order 6.1.18. Seat
Belts 6,1.18.1. Per CVC 27315. Additionally, vehicle
restraint system shall be maintained to OEM specifications and shall be in good
working
order.6.1.19. Steering and Suspension
System 6,1.19.1. Vehicle's steering and suspension system
shall bl~ in good mechanical order. (CVC 24002(a)(
b)).6.1.20. Taximeter and Meter
Seals 6.1.20.1. All vehicles shall have a taximeter in
working
order.6,1.20.2. All taximeters shall have intact meter
seals.6.1.20.3. Taximeters shall be certified by the
County Sealer of Weights and Measures. The date on the seal shall not be more
than 13 months
old,6.1.20.4. The taximeter shall be placed in the taxicab
so that the reading dial showing the amount of fare to be charged shall be
well li!;Jhted and easily read by the
passenger.6.1.20.5. A vehicle shall be placed out of service if
the meter is not working, the lead seal is broken or missing, or the approved rate
of fare is not being
charged.6.1.21.
Tires 6.1.21.1. Per CVC 27465(
b).16 1999 OCTAP Regulations. Final Revised 1/27/
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6.1.21.2. Every vehicle shall be equipped with a jack,
tiire changing tool, and an inflated spare tire. A company may be exempted from
this requirement upon proof the company has a contract with a towing company
and a policy in place to send another taxicab vehicle for the stranded
passengers.
6.1,22. Windows
6.1.22.1. Front and rear windshield per eve 26710.
6.1.22.2. Safety glass shall be in all windows.
6.1.22.3 Windows shall be operational as originally
designed.
6.1.23. Windshield Wipers
6.1.23.1 Per eve 26707.
6,1,24 Footpedal Pads
6.1.24.1 All vehicles shall be equipped with OEM rubber
pads on all foot controls. Pads shall not be worn or deteriorated to the point that
metal is showing.
6.1.25 Vehicle Registration
6.1.25.1 All vehicles must possess a valid registration
as per eve 4462.
6.1.25.2
vehicles as per eve 260.
All vehicles must be registered as commercial
7. APPEALS
7.1. The Appeal Procedure for Denial, Suspension or Revocation of
Permit or Related Adverse Action is as follows:
7.1.1. In the event a permit is proposed to be denied, suspended
or revoked, the applicant/Permittee shall be notified in writing of the proposed
adverse action and reason(s) therefor.
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7.1.2. Within ten (10) days of the date of the notice of proposed
adverse action, the applicant/Permittee shall submit a written appeal on a form
provided by OCTAP. The applicant/Permittee shall set forth in the appeal the
reasons why such action is not proper. Failure to file such an appeal within the
time frame indicated shall constitute waiver of the right to an appeal and the
proposed adverse action shall become final and any permit surrendered
immediately.
7.1.3. Except as provided in Section 7.1.4, once an appeal is filed,
thE! adverse action shall be stayed pending the final determination of the appeal.
7.1.4. If, in the OCTAP Administrator's opinion, the continued
op1eration of a taxicab vehicle or possession of a Driver Permit represents an
unsafe condition for the public, the adverse action shall not be stayed.
7.1.5. If an appeal is timely filed, the OCTAP Administrator shall
review the appeal, and based on additional information provided therein, may
revise his findings and penalty in accordance with the additional information
provided. In the alternative, the OCTAP Administrator may cause the appeal to
be assigned to a Hearing Officer.
7.1.5.1. The OCTAP Administrator shall maintain a list
of qualified Hearing Officers, who shall not be employees of OCTA, and shall
reg~ularly rotate assignments based on availability of the proposed Hearing
Officers,
7.1.5.2.The Hearing Officer shall expeditiously
schedule the appeal hearing.
7.1.6. The appellant and the OCTAP Administrator or designee
shall each have the right to appear in person and be represented by legal
counselor other representative, to present evidence, to call and cross-
examine witnesses under oath, and to present
argument.18 1999 OCTAP Regulations - Final Revised 1127199
TAXICAB REGULATIONS OF THE
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aCTAP
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7.1.6.1. 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.
7.1,6.2, Hearsay evidence may be considered by the
Hearing Officer, but no findings may be based solely on hearsay evidence unless
slUpported or corroborated by other relevant and competent evidence.
7.1.7. The OCTAP Administrator shall promulgate supplementary
rules and procedures for the conduct of the hearing, the forms of notice and
proceedings, and the preparation and submission of the record.
7.1.8. The decision of the Hearing Officer shall be the final
administrative remedy and shall be binding upon the parties to the appeal.
7.1.9. If the Hearing Officer decides to suspend or revoke a permit,
the appellant shall immediately surrender the permit to the OCTAP
Administrator.
II. REFUND POLICY
8.1. There shall be no refunds of any portion of the fees described in
these regulations.
ADMINISTRATIVE CHANGES TO REGULATIONS
9.1. OCT AP is authorized to make administrative changes to these
regulations upon written notification to the City.
19 1999 OCTAP Regulations - Final Revised 1/27/99