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.
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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,
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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).
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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.
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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.
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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%.
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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.
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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%.
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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)
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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