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HomeMy WebLinkAbout97-047 - County Taxi Adminstration Program Rates of Fare and Regulations331 RESOLUTION NO. 97-047 ADOPTING ORANGE COUNTY TAXI ADMINISTRATION PROGRAM RATES OF FARE AND REGULATIONS WHEREAS, Government Code Section 53075.5 requires the City to adopt an ordinance or resolution in regard to taxicab transportation service within the city, including regulation of employment of taxicab drivers, establishment or registration of rates for taxicab transportation service, and a drug service, and a drug and alcohol testing program; and WHEREAS, the City of Santa Aha has entered into an inter-agency agreement with the Orange County Transportation Authority in which the City agreed to participate in the Orange County Taxi Administration Program (OCTAP) and the Orange County Transportation Authority agreed to provide the staff and administrative services necessary to implement the program; and WHEREAS, the Orange County Transportation Authority has determined the cost of administering the program and has established certain fees covering those costs; and WHEREAS, OCTAP has established a schedule of rates of fare for taxicab transportation services, which rates of fare are reasonable; and WHEREAS, OCTAP has also established certain regulations for taxicab drivers, insurance, equipment, mechanical condition, and other aspects of taxicab operations, designed to protect the health, safety and welfare of persons utilizing taxicab services in member cities; and WHEREAS, OCTAP will provide all the services necessary for the City to comply with Government Code Section 53075.5 regarding regulation of taxicab transportation services within the City; and WHEREAS, the City Council has reviewed and approves of the rates of fare and regulations established by OCTAP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby: 1. Adopts rates of fare and regulations as established by OCTAP, which rates of fare and regulations are attached hereto. RESOLUTION 97-047 333 2. Authorizes the Orange County Transportation Authority to establish fees for OCTAP permits and other services not to exceed the cost of administering the program. 3. Authorize the City Manager or City Manager's designee to approve minor modifications to the rates of fare and regulations as established by OCTAP. ADOPTED this 3rd day of November , 1997. vor COUNCILNIEMBERS: Pulido Aye Richardson Aye Espinoza Absent Lutz Absent McGuigan Aye Franklin Aye Uoreno Aye APPROVED AS TO FORM: HUGH HA~LF~O 'D Assistant City Attorney 334 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~ 7 - D ~ ? to be the original resolution adopted by the City Council of the City of Santa Ana on //-~3 -- ~' ? Date: /"/~ ~/7-'-- Clerk of the C'ou-n~it~ City of Santa Ana ATTACHMENT A TAXICAB REGULA'Ir ,S OF THE ORANGE COUNTY TAXI ADMINISTR~:~TION PROGRAM (OCTAP) 335 PURPOSE 1.1. These regulations implement the regulating taxicab service within the City. provisions of Ordinance 2. DEFINITIONS 2.1. "Driver" means a person who drives or controls the movements of a taxicab. 2.2. "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. 2.3. "OCTA" means the Orange County Transportation Authority. 2.4. "OCTAP" means the Orange county Taxi Administration Program adminis{ered 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. 336 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 application; completed Taxicab Business Permit 3.2.2. submission of a copy of applicant's drug and alcohol policy meeting OCTAP requirements; 3.2.3. submission of evidence of insurance, in full force and effect, in such form as required by OCTAP, issued by a solvent and responsible company licensed to do business in the state, insuring the applicant against loss by reason of injury or damage that may result to persons, including taxicab passengers, or property, from the negligent operation or maintenance of such taxicab. Applicant shall provide a Certificate of Insurance showing that the applicant is insured for minimum combined single limit of one million dollars ($1,000,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property. In addition, applicant shall provide 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; 3.2.5. submission of Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code Section 1808.1. Company is required to immediately notify the OCTAP Administrator if it receives a DMV Pull Notice on one of their drivers 2 Dated: September 18, 1997 337 which would affect the driver's OCTAP Driver;~ ?ermit. In the event the ddver's DMV record indicates he/she no longer qualifie: ~or a Ddver's Permit, company shall require ddver to turn over Driver's Permit to company. Company shall return the Driver's 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 owned by the applicant; 3.2.7. every owner, partner or principal officer of applicant has submitted to fingerprinting by the Orange County Sheriff's Department; 3.2,8. every owner, partner or principal officer of applicant has successfully cleared a local background check; and 3.2,9. submitted payment of all applicable fees including but not limited to background check fee, Taxicab 'Business Permit application fee, Taxicab Vehicle Permit application fee, etc. 3,3. A Taxicab Business Permit shall be denied if any owner, partner or principal officer of applicant fulfill 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. 3.3.4. On formal probation or parole for any offe'nse outlined in Section 3,3 of these regulations. 3.3.5. Conviction (or plea of guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances; crimes involving the use of a weapon; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a taxi *'owner. Dated: September 18, 1997 338 3.3.6. Conviction (or plea of guilty or nolo contendere) in any state for a felony other than those listed in the previous section within eight (8) years of application. 3.3.7. Any conviction within five (5) years of application (or plea of guilty or nolo contendere) in any state or any final administrative determination of a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the Taxicab Business Permit under these regulations. 3.4. At the time the Taxicab Business Permit application is submitted, applicant shall provide to OCTAP a list of drivers authorized to operate the vehicles identified in the Taxicab Business Permit. 3.4.1. Permittee shall provide OCTAP with notice by fax within 72 hours in the event that any 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 paid any applicable business license tax before operating in the City. 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 Inter~t 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's Permit by OCTAP which states the driver is affiliated with the Permittee and identified as either an employee or leased driver. 4 Dated: September 18, 1997 339 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 pdor to expiration of the Taxicab Business Permit, the Permittee should submit an application for renewal of its Taxicab Business Permit pursuant to Section 3 of these regulations. 3.10. A Taxicab Business Permit may be suspended or revoked by the OCTAP Administrator for the following reasons: 3.10.1.Providing false or inaccurate information in the Taxicab Business Permit application. 3.t0.2.AIIowing operation of a taxicab by a person not in possession of a valid Driver's 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 other than those fares adopted by the City; or 3.10.6.Failure to cooperate with local agency law enfomement, code enforcement officers, and/or OCTAP Administrator. 3.11. In lieu of revocation or suspension, the OCTAP Administrator may impose a fine. or a fine and a period of suspension. 3.12. A Taxicab Business Permit applicant may appeal a permit denial. suspension or revocation in accordance with the appeal pro'visions set by OCTAP. 5 Dated: September 18, 1997 340 4. VEHICLE INSPECTIONS 4.1. Upon issuance of a Taxicab Business Permit and prior to opereting, Permittee shall bdng 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 nontrensfereble Taxicab Vehicle Permit sticker for each approved vehicle. The Taxicab Business Permit sticker shall immediately be affixed to the left-hand corner of the rear windshield of the vehicle for which the sticker is issued. The Taxicab Vehicle Permit is valid for one (1) year. 4.3. Vehicles that fail a vehicle inspection shall pay the re-inspection fee and be presented for re-inspection after the identified corrections have been made. If such corrections have been made and if the vehicle otherwise complies with these vehicle inspection standards, a Taxicab Vehicle Permit shall be issued. 4.4. In addition to the initial and annual vehicle inspection, all taxicabs operated under OCTAP shall submit to on-the-road or rendom inspections by OCTAP inspectors or authorized city peace officere and code enforcement officials when requested. Failure to submit to an inspection may result in revocation of the Taxicab Vehicle Permit. The OCTAP inspector shall complete 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 6 Dated: September 18, 1997 341 sticker shall be revoked until corrections have been made to the satisfaction of OCTAP. 4.5. Permittee may replace any of the vehicles listed in the Taxicab Business Permit with another vehicle upon satisfaction of the following conditions: 4.5.1. Surrender of the vehicle to be replaced to OCTAP for removal of the Taxicab Vehicle Permit sticker; 4.5.:2. successful passing of a vehicle inspection by the replacement vehicle; and 4.5.3. payment of Taxicab Vehicle Permit transfer fee. 4.5.4. Upon satisfaction of the conditions stated above. OCTAP shall delete the vehicle identification number of the vehicle to be replaced in the Taxicab Business Permit and add the vehicle identification number of the replacement vehicle. OCTAP shall issue a new Taxicab Vehicle Permit sticker for the replacement vehicle which shall be valid .for the term remaining under the Taxicab Vehicle Permit sticker of the replaced vehicle. 4.6. The Taxicab Business Permit shall be renewed annually by bringing each vehicle listed in the permit application to the OCTAP facility for a vehicle inspection and paying all applicable fees. OCTAP may, at its discretion, conduct vehicle inspections at the operator's facility. 4.7. 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'S PERMITS 5.1. No person shall drive a taxicab within an OCTAP city without having first obtained either a temporary or a permanent Driver's Permit from OCTAP. 5.2. A temporary Driver's Permit may be obtained from OCTAP. provided that, the prospective driver has satisfied the following conditions: 5.:2.1. submitted a completed Driver's Permit application; 7 Dated: September 18, 1997 342 5.2.2. submitted the Ddver's Permit application fee; 5.2.3. presented a valid California Driver's License; 5.2.4. submitted two current 2" x 2" professional quality color photos (passport photos) of the applicant; 5.2.5. submitted an Intent to Hire/Intent to Lease a Ta){icab form signed by the company for whom the applicant intends to ddve a taxicab; 5.2.6. successfully passed a drug and alcohol screening test within the previous 30 days in compliance with California Government Code Section 53075.5 (b) (3); 5.2.7. submitted to fingerprinting by the Orange County Sheriff's Department; 5.2.8. successfully cleared a local background check; and 5.2.9. submitted payment of all applicable fees, including the background check fee and Ddver's Permit application fee. 5.3. The temporary Driver's Permit shall be valid for 90 days and shall be replaced by a permanent Driver's Permit within such 90 days unless extended by OCTAP for a specified period. 5.4. A permanent Driver's Permit shall be issued once the applicant has successfully cleared a State Department of Justice background check. 5.5. A permanent Driver's 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's Permit may only pick up passengers in those cities which have authorized the company he/she represents. 5.7. At least ten (10) working days prior to expiration of the Driver's Permit, the driver should re-apply for a Driver's Permit pursuant to Section 5 of these regulations. 5.8. All Driver's Permits issued by OCTAP, including temporary Driver's Permits, shall be valid only for the driver's operation of a taxicab for the company 8 Dated: September 18, 1997 343 indicated on the Driver's Permit. No driver may op,~rate a taxicab for a company other than the company listed on the driver's Ddver's Permit. 5.9. A replacement Ddver,s Permit may be obtained from OCTAP. provided that the driver has satisfied the following conditions: 5.9.'1. Submitted a replacement Driver,s Permit form along with the Driver's Permit replacement fee; and 5.9.2. provided one current 2" x 2" professional quality color photo (passport photo). 5.10. The replacement Driver's Permit shall expire on the same date as the replaced Permit. 5.11. A Ddver's Permit applicant may appeal a permit denial in accordance with the appeal provisions set by OCTAP. 5.12. A Ddver,s Permit shall be denied if applicant meets any of the following grounds for denial: 5.12.1.Under the age of 18 years.. 5.12.2.Does not possess a valid California Ddver's License (Class C). 5.12.3.Falsification of material information on application for Driver,s Permit within the past one (1) year. 5.12.4.Required to register as a sex offender pursuant to California Penal Code Section 290. 5.12.5.On formal probation or parole for any offense outlined in Section 5.11 of these regulations. 5.12.6.Any conviction (or plea of guilty or nolo con{endere) 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 registration would be required under California Penal Code Section 290; or 9 Dated: September 18, 1997 344 any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a taxi ddver. 5.12.7.Conviction of a felony other than those listed in the previous section within eight (8) yearn of application. 5.12.8.Conviction of any of the following within five (5) years of application: reckless ddving; driving under the influence of intoxicating liquors or drugs; 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; assault; or battery. 5.13. A Ddver's Permit may be suspended or revoked by the OCTAP Administrator for the. following reasons: 5.13.1.Failura to comply with the applicable provisions of these regulations; 5.13.2.Circumstances furnishing grounds for the denial or refusal to renew the Driver's Permit as outlined in these regulations; 5.13.3.Revocation or suspension of Permittee's California Ddver's License; 5.13.4.Failure to cooperate with local agency law enfomement, code enforcement officers and/or OCTAP Administrator; or 5.13.5.Notification to OCTAP by the taxicab company that the Permittee is no longer an authorized driver. 5.14. In lieu of revocation or suspension, the OCTAP Administrator may impose a fine, or a fine and a period of suspension. 10 Dated: September 18, 1997 , 6. VEHICLE INSPECTION STANDARDS 6.1. The minimum vehicle standards are those of the California Vehicle Code (CVC). All taxicab shall meet all applicable standards of the California Vehicle Code as well as the following in order to pass the OCTAP vehicle inspection. 6.t.1. Body Condition 6.1.1.1.No body damage, tears or rust holes in the vehicle body and/or loose pieces hanging from the vehicle body are permitted. Front and rear fenders, bumpers and light trim shall be securely fixed to the vehicle. 6.1.'l.2.The exterior of the vehicle shall be maintained in a reasonably clean condition. 6.'1.2. Brake System 6.1.2.1.Per CVC 26453. 6.1.3. Defroster Operation 6.1.3.1 .Per CVC 26712. 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 on all wheels for which hubcaps are standard equipment. 6.1.8. Interior Condition 6.1.8.1.Passenger compartment, driver compartment, and trunk or luggage area shall be clean and free of foreign matter, offensive odors and litter. 6.1.8.2.Seat upholstery shall be clean. Interior walls 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. 11 Dated: September 18, 1997 346 operational. 6.1.8.3.Door handles and doors shall be intact, clean and 6.1.9. !t~terior Information 6.1.9.1.A 4" x 6" information card shall be displayed in plain view of all passengers at all times that a taxicab is in operation. 6.1.9.2.The information card shall contain the following information on the permit holder: company name, business address and telephone number; and rate schedule approved by the City. 6.1.9.3.The valid Driver's Permit issued to the operating driver shall be in plain view of all passengers at all times that the taxicab is in operation. 6.1.10. License Plates 6.1.10.1.Per CVC 5202. 6.1.11. Lights 6.1.11.1.Headlights shall ~oe operational on both high and Iow beams (CVC 24400). 6.1.t 1.2.Tail lights shall be operational (CVC 24600). 6.1.11.3.Emergency flashers shall be operational (CVC 24252). 24951(b)(1)). 24601). 6.1,11.4.Reverse lights shall be operational (CVC 24606(a)). 6.1.11.5.Turn signal lights shall be operational (CVC 6.1.11.6.Brake lights shall be operational (CVC 24603(b)). 6.1.11.7.License plate light shall be operational (CVC 6.1.11.8.Interior lights shall be operational. 12 Dated: September 18, 1997 347 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 contrasting colors). 6.1.12.2.Company name shall be placed on each side of vehicle in letters not less than 3 inches in height (in contrasting colors). 6.1.12.3.Vehicle number shall be placed on each side and rear of vehicle in numbers not less than 4 inches in height. 6.1.1 3.Mirrors 6,1.13.1.Per CVC 26709. 6.1.14.Muffler 6.1.14.1.Per CVC 27150(a), 6.1 .t 5.Parkinq Brake 6.1.15.t .Per CVC 26451. · 6.1.16.Proof of Insurance 6.t .16.t .Per CVC 16020/16028. 6.1.17.Radio 6.1.17.1.Vehicle shall be equipped with a two-way radio in working order. 6.1.18.Seat Belts 6.1,18.1.Per CVC 27315. 6.1.19.Steering and Suspension System 6.1.19.1.Vehicle's steering and suspension ~ystem shall be in good mechanical order. (CVC 24002(a)(b)). 6.1.20.Taximeter and Meter Seals 6.1.20.1 .All vehicles shall have a taximeter in working order. 6.t.20.2.AII taximeters shall have an intact meter seal. 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, 13 Dated: September 18, 1997 348 6.1.20.4.The taximeter shall be placed in the taxicab so that the reading dial showing the amount of fare to be charged shall be well lighted and easily read by the passenger. 6.t.20.5.A vehicle shall be placed out of service ii= the meter is not working, the lead seal is broken, or the approved rete of fare is not being charged. 6.1.21,Tires 6.1.21.1.Per CVC 27465(b). 6.1.21.2.Every vehicle shall be equipped with a jack, tire changing tool, and an inflated spare tire. A company may be exempted frem this requirement upon preof the company has a contract with a towing company and a policy in place to send another taxicab vehicle for the strended passengers. 6.1.22.Windows 6.1.22.1.Rear windshield per CVC 26710. 6.1.22.2.Safety glass shall be in all windows. 6.1.23.Windshield Wipers 6.1.23.1 .Per CVC 26707. 7. APPEALS 7.1. Appeal Procedure for Denial, Suspension or Revocation of Permit or Related Adverse Action 7.1.1. In the event a permit is preposed to be denied, suspended or revoked, the applicantJPermittee shall be notified in wdting of the proposed adverse action and reason(s) therefor. 7.1.2. Within ten (10) days of the date of the notice of proposed adverse action, the applicantJPermittee shall submit a wdtten 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. 14 Dated: September 18, 1997 :34 9 7.1.3. Except as provided in Section 7.1.4, once an appeal is filed, the adverse action shall be stayed pending the final determination of the appeal, 7.1.4. If, in the OCTAP Administrator's opinion, the continued operation of a taxicab vehicle or possession of a Driver's 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 O.CTA, and shall regularly rotate assignments based on availability of the proposed Hearing Officers. 7.1.5,2.The Hearing Officer shall expeditiously schedule the appealheadng. 7.1.6, The appellant and the OCTAP Administrator or designee shall each have the dght 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. 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 supported or corroborated by other relevant and competent evidence. 7.1.7. The OCTAP Administrator shall promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. 7.1.8. The decision of the Hearing Officer shall be the final administrative remedy and shall be .'binding upon the parties to the appeal. 15 Dated; September 18, 1997 35O 7.'1.9. If the Hearing Officer decides to suspend or revoke a permit, the appellant shall immediately surrender the permit to the OCTAP Administrator. 8. REFUND POLICY 8.1. There shall be no refunds of any portion of the fees described in these regulations. 9. ADMINISTRATIVE CHANGES TO REGULATIONS 9.1. OCTAP is authorized to make administrative changes to these regulations upon wdtten notification to the City. 16 Dated: September 18, 1997 TAXICAB DRIVER DRUG & ALCOHOL TESTING OCTAP REGULATIONS & REQUIREMENTS Statement of Compliance All taxicab company operators and drivers are required to comply with the following OCTAP requirements and procedures, which are in compliance with California Government Code Section 53075.5(3)(A-B) and U.S. Code of Federal Regulations Section 49, Part 382. Failure to comply with the following OCTAP requirements and regulations shall result in a $500.00 fine to any OCTAP permitted taxicab company in violation. Any instance of failure to comply with the regulations thereafter shall result in an administrative review of the taxicab company in violation, which can result in additiohal fines and/or a revocation of the company's OCTAP permit. OCTAP Requirements for Taxicab Companies All taxicab companies must designate OCTAP as an agency authorized and required to receive from drug and alcohol screening labs the names of drivers who test positive for controlled substance use and/or alcohol misuse. Notification from the tab of drivers' names who have positive test results (for any type of drug or alcohol test) must be directed to the OCTAP Administrator via telephone or facsimile, as soon as test results become available. All taxicab companies are required to fill out and submit to the OCTAP Administrator with their OCTAP application a Taxicab Company Drug & Alcohol Testing Program Information form. Taxicab companies must notify the OCTAP Administrator immediately of any subsequent changes to the information on the form. a)A copy of the company's written policy on the prohibition of drug and alcohol use by employee and contracted taxicab drivers must be attached to the above-mentioned form. Record of any amendments or changes subsequently made to the company's policy must be submitted to the OCTAP Administrator. Completion of a semi-annual drug and alcohol testing compliance checklist and review is required twice yearly by all OCTAP permitted taxicab companies. All sections of the checklist must be complete, the taxicab company owner or president must sign the form, and the form must be returned to the OCTAP Administrator. Taxicab companies may be required to complete the checklist and review more frequently, at the discretion of the OCTAP Administrator. Upon request, all taxicab companies are required to submit any and all documentation and information to the OCTAP Administrator in a timely manner. It is up to the discretion of the OCTAP Administrator as to what additional information and documentation may be required in order to verify that taxicab companies are in compliance with federal, California and OCTAP regulations pertaining to drug and alcohol testing. 3 5 ~- Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements Test Result Requirements Refusal by drivers to take controlled substance and/or alcohol tests or failure to report to testing facilities within allotted time frame shall be determined as a positive test result. Drivers shall test negative for each of the following controlled substances: marijuana, cocaine, opiates, amphetamines and phencyclidine in order to be issued a new OCTAP permit (pre- employment screening) or to maintain an active OCTAP permit. For controlled substance test results of drivers who have existing permits... a) If test results indicate a positive result for controlled substance use, OCTAP permit will be revoked, driver shall be removed from safety-sensitive duty immediately and shall be referred to a Substance Abuse Professional (SAP). b) After testing positive for controlled substance use, driver will not be allowed to reapply for an OCTAP permit for a period of two years. In order to be considered for OCTAP re- permitting after two years, driver shall have completed a substance abuse rehabilitation program under the guidance of a SAP, then show verified negative results for controlled sqbstance use upon a return-to-duty test. Additionally, driver shall be subject to random follow-up testing after returning to duty, requiring at least 6 random tests over the following twelve months. c) If driver tests positive for controlled substance use at any time after returning to duty after having tested positive previously, OCTAP permit shall be revoked and driver will never be reconsidered for re-permitting in the future. Drivers shall test negative for alcohol misuse with a breath alcohol concentration (BAC) of less than 0.02% in order to maintain an active OCTAP permit. (Note: Employers may choose to test for BAC as a condition for pre-employment eligibility, however OCTAP guidelines do not require the test.) For BAC test results of drivers who have existing permits... a) If a driver has never had test results with BAC over 0.02% previously, and current test results indicate BAC greater than 0.02% but not more than 0.0399%, OCTAP permit will be suspended and driver shall be removed from safety-sensitive duty immediately for a period of 8 hours. No further testing is required and no further action by the employer is required. Driver may re-test for BAC levels within the eight hour time frame of the suspension from duty, and may return to duty as soon as BAC levels are below 0.02%. b) If a driver has had test results with BAC over 0.02% but below 0.0399% previously, and current test results indicate BAC greater than 0.02%, OCTAP permit will be revoked, driver shall be removed from safety-sensitive duty immediately and shall be referred to a Substance Abuse Professional (SAP). I:\planning\amyw\taxidrug.doc Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements 3 5 3 Test Result Requirements (cont.) c) If any driver's test results indicate BAC at 0.04% or above, OCTAP permit will be revoked, driver shall be removed from safety-sensitive duty immediately and referred to a SAP.. d) After testing for BAC levels above the maximum applicable threshold and having OCTAP permit revoked, driver will not be allowed to reapply for an OCTAP permit for a period of two years. In order to be considered for OCTAP re-permitting after two years, driver shall have completed an alcohol abuse rehabilitation program under the guidance of a SAP, then show BAC results below 0.02% upon a return-to-duty test. Additionally, driver shall be subject to random follow-up testing after returning to duty, requiring at least 6 random tests over the following twelve months. e) If a driver is 're-issued an OCTAP permit after the two year waiting period and returns to duty, BAC results over 0.02% for any test thereafter shall be grounds for a permanent revocation of the driver's OCTAP permit, with no possibility for re-permitting in the future. Test Guidelines Exception for pre-employment controlled substance testing: a controlled substance test for pre- employment eligibility and OCTAP permit application is not required if the applicant driver has, in the last 30 days, tested negative for controlled substance use through.a local (Orange County or surrounding vicinity) drug testing program or facility that follows Department of Transportation (DOT) procedures and requirements. Verified negative test results must be sent from the corresponding Department of Health and Human Services (DHHS) certified lab to the OCTAP administrator (drivers may not bring test results in themselves). A driver applying for a new OCTAP permit will not be granted the permit if he or she has any instances of positive test results for controlled substance use and/or alcohol misuse in the two years prior to applying. a)AII taxicab company operators are required by law to check with a driver applicant's prior employers over the previous two years for instances of positive controlled substance and/or alcohol misuse test results. (Prior employers of an applicant are required by law to report this information to potential new employers.) b)Taxicab companies must maintain records for each new employee driver that detail proof of previous employer contacts/information and confirmation of no positive drug and alcohol test results over the previous two years. Drivers must be tested at least once yearly for controlled substance use and alcohol misuse. Testing shall be done at the time the driver applies for the annual renewal of his or her OCTAP permit. I:\planning\amyw\taxidrug doc 354 Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements Test Procedures a) If a driver has tested positive previously for controlled substance use and/or alcohol misuse and subsequently returned to duty, testing is required more often than once a yea~ minimum required frequency of tests is explained below under the "Follow-Up Testing" section. 'Controlled substance and alcohol test collection facilities/sites must follow National Institute of Drug Abuse (NIDA) standards of protocol for collection procedures. Controlled substance and alcohol test screening labs must be certified by the Department of Health and Human Services (DHHS). Before performing an alcohol or controlled substances test, each employer shall notify the driver in writing that the test ii~ required. Ddver shall show a valid California driver's license at the time and place of testing. Types. of Tests All of the following types of tests are required for taxicab drivers by law. No employer shall permit a driver to operate or continue to operate a taxicab if he or she refuses to submit to such tests described below: Pre-Employment Testing: Test for controlled substance use shall be administered and show verified negative results before drivers can become employed to perform safety-sensitive duties and be issued an OCTAP permit. Post-Accident Testing: Tests for controlled substance use and BAC for alcohol are required after a driver is involved in an accident. a)Driver shall report to testing facility as soon as possible following the accident (should be within two hours). Failure to report to testing facility within two hours of the accident without verified and acceptable evidence of injury or circumstances preventing driver to do so shall be determined as a positive test result. b)lf verified and acceptable circumstances or injdry do not allow driver to be tested within eight hours of the accident for alcohol and within 32 hours of the accident for controlled substance use, the tests should not be performed. Random Testing: Test for controlled substance use may be administered at any time of the day while a driver is an active employee. Test for BAC may be administered just before, during, or just after a driver's work shift. I:\planning\amyw\taxidrug.doc Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements 3 5 5 Types of Tests (cont.) a) Drivers selected for random testing shall proceed to the test site immediately upon notification of their selection to be tested. Failure to report to testing facility immediately without verified and acceptable evidence of circumstances preventing driver to do so shall be determined as a positive test result. b) Required minimum annual percentage rate for random controlled substance testing shall be 50% of the number of drivers (based on total number of drivers for an individual employer or total number of drivers in an approved consortia of safety-sensitive employees from different employers). Out of the minimum 50% of drivers to be tested for controlled substance use, at least half of those drivers (25% of all drivers) shall be required to test for BAC. c) Minimum anhual percentage rates for controlled substance and alcohol testing may be lowered or raised by the Federal Highway Administration (FHWA) administrator based on the violation rates evidenced after two years of random testing. d) The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method such as a random number table or computer program where each driver shall have an equal chance of being tested each time selections are made. e) Each employer shall ensure that random tests are unannounced and that the dates for administering tests are spread reasonably throughout the calendar year. Reasonable Suspicion Testing: An employer shall require a driver to submit to a controlled substance and/or alcohol test when the employer has reasonable suspicion to believe that the driver is under the influence of such substances. In order for an employer or supervisor to make such a determination, he or she must have completed the required minimum total of two hours of controlled substance and alcohol education. a) Drivers shall proceed to the test site immediately upon notification of their employer's suspicion of their use of controlled substances and/or alcohol misuse. Failure to report to testing facility immediately without verified and acceptable evidence of circumstances preventing driver to do so shall be determined as a positive test result. b) Reasonable suspicion must be based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech or body odors of the driver, as well as the indications of the chronic and withdrawal effects of controlled substances (all of which symptoms the supervisor of the employee shall be knowledgeable of following the required drug and alcohol education). c) Driver shall be removed from duty immediately following notification of reasonable suspicion by supervisor and may not return to duty until test results for controlled substance use are confirmed negative and/or BAC test results are less than 0.02%. I:\planning\amyw\taxidrug doc 3 5 6 Taxicab Ddver Drug & Alcohol Testing ~ OCTAP Regulations & Requirements Types of Tests (cont.) d) In cases of controlled substance use suspicion, observation and test may be done at any time of the day while a driver is an active employee. In cases of alcohol misuse suspicion, observation and BAC test must occur just before, during, or just after a driver's work shift. e) Employer may not take permanent action against an employee for reasonable suspicion of controlled substance use or alcohol misuse unless tests for such substances are administered and results are positive. Return-to-Duty Testing: Before a driver reapplies for an OCTAP permit and returns to duty after previously testing positive for controlled substance use or BAC greater than the applicable maximum threshold, each employer shall ensure that the driver has completed a substance use and/or alcohol abuse rehabilitation program under the direction of a SAP. Before a new OCTAP permit is issued, driver must complete return-to-duty tests with results indicating a verified negative result for controlled substance use and a BAC of less than 0.02% for alcohol. a)Before applying for a new OCTAP permit, a driver must wait a period of two years from the date of revocation of his or her original OCTAP permit after having tested positive previously for controlled substance use and/or alcohol misuse. Follow-Up Testing: If a driver is re-issued an OCTAP permit after having testing positive previously for drugs and/or alcohol, then returns to duty pursuant to return-to-duty testing guidelines, each employer shall ensure that the driver is subject to unannounced follow-up controlled substance and/or alcohol testing as directed by a SAP. a)Follow-up tests shall consist of at least six tests in the first 12 months following the driver's return-to-duty and may continue for up to five years thereafter. Test Funding / Compliance Responsibilities · Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. · Employers of taxicab drivers shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employed drivers and applicant drivers. · Employers may require drivers who test positive for controlled substance use and/or alcohol misuse to pay the costs of rehabilitation, return-to-duty testing and follow-up testing. I:\planning\amyw\taxidrug.doc Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements Supervisor/Employee Training & Education Requirements Supervisors responsible for making assessments of reasonable suspicion for controlled substance and/or alcohol use by drivers shall complete at least one hour of training in the subject of controlled substance use and effects and at least one hour of training in the subject of alcohol misuse and effects (totaling at least two hours of training). a) A signed and dated statement from each supervisor verifying completion of required training must be kept on file by each taxicab company. Taxicab drivers shall complete at least one hour total of training in the subjects of controlled substance use and effects and alcohol misuse and effects. a) A signed and dated statement from each driver verifying completion of required training must be kept on file by each taxicab company. Each taxicab company must have a written policy in effect on the prohibition of the use of controlled substances and the misuse of alcohol while performing safety-sensitive duties. a) A written copy of the company policy must be given to every taxicab driver. b) A signed and dated statement from every driver certifying that he or she has received, read and understands the policy must be kept on file by each taxicab company. Each taxicab company is responsible for distributing to every driver educational materials concerning controlled substance and alcohol testing policies and procedures. a) A signed and dated statement from every driver certifying that he or she has received, read and understands the material must be kept on file by each taxicab company. Record Retention Drivers' records shall be retained by taxicab companies for a period of five (5) years that contain the following information: positive controlled substance use test results; alcohol test results with BAC over 0.02%; refusals or failures (for any reason) by drivers to take required tests; documents presented by a driver to dispute the results of a drug or alcohol test; driver referrals to Substance Abuse Professionals; return-to-duty and follow-up testing documentation. Driver and supervisor records shall be retained by taxicab companies for a period of two (2) years that contain the following information: controlled substance and alcohol test collection information and procedures; controlled substance use and alcohol misuse training documentation, materials, information and procedures. Drivers' records shall be retained by taxicab companies for a period of one (1) year that contain the following information: negative controlled substance use test results; alcohol test results with BAC below 0.02%. I:\planning\amyw\taxidrug doc 3 5 8 OCTAP DRUG & ALCOHOL TESTING SEMI-ANNUAL COMPLIANCE CHECKLIST & REVIEW Semi-annual completion of this checklist and subn ~iital of the requested information are required of all OCTAP permitted taxicab companies. Please complete the ~ollowing checklist (write in "N/A" if item is not applicable t your company), attach the required information, then sign in the space provided at the bottom of the page. Send this completed form and attached information to: OCTAP Administrator, P.O. Box 14184, Orange, CA 92863-1584. (Name of Taxicab Company) __ Attach a list of the names and social security numbers of all currently employed or contracted drivers. Include next to each name the testing location(s) and date(s) for all random controlled substance and/or alcohol tests administered to that driver in the last six months. __ Fill in below the name, address and telephone number of the consortium and/or lab(s) that your company is currently using for drug and alcohol testing of drivers. If your company does not have an outside agency managing the program administration and selection of drivers for random drug and alcohol testing, also list below the name and telephone number of the person with your company in charge of random testing administration. List below the name, test dates in tyre last six months, and testing locations for any drivers who are currently subject to follow-up drug and/or alcohol tests after testing positive for drugs and/or alcohol and then returning to duty. List below the names of all supervisors who have completed the required two hours of controlled substance and alcohol education training in the last six months. List next to each supervisor's name the method of training, training location address, training location phone number, and training supervisor's or instructor's name. The signature below certifies that the above information is accurate and complete. It also acknowledges that the taxicab company listed above is following all OCTAP, California and federal regulations pertaining to taxicab driver drug and alcohol testing, (Signature of Taxicab Company Owner or President) (Date) I:\pla nning\amyw\drugchek doc 359 ATTACHM~NTC OCTAP SCHEDULE OF RATES OF FARE $1.90 first 1/6 mile $0,30 each additional 1/6 mile $22.00 maximum per hour waiting fee No charge for first three minutes waiting time No extra charge for additional passengers