§ 5.64.055. Operating permit.

A.

Application for an operating permit shall be filed with the City Administrator. The form and contents of the application shall be specified by the City Administrator; provided, however, the following standards constitute the minimum requirements to qualify for an operating permit:

1.

Written acknowledgment by the manager of a fleet management permittee that the vehicle for which the operating permit is issued is authorized to operate using the color scheme and name of the fleet management permittee and that the fleet management permittee assumes responsibility for the operation of the vehicle;

2.

Proof that the vehicle is covered by the insurance of the fleet management permittee;

3.

Presentation of a City business tax certificate which demonstrates that such tax is not delinquent for the current year or any previous year;

4.

Presentation of a valid certificate of registration for the vehicle issued by the California Department of Motor Vehicles. The permit applicant must be named as the registered owner of the vehicle;

5.

Proof that a taximeter of a type approved by the City Administrator has been installed in the vehicle and has been certified by the County of Alameda Bureau of Weights and Measures subsequent to its installation in the vehicle;

6.

Unless an alternative method for dispatching has been approved pursuant to OMC Subsection 5.64.040 B.4. proof that the vehicle is equipped with a two-way radio, in good working order, to be used for taxicab service dispatch purposes, and that the applicant has all applicable licenses for the operation thereof;

7.

Disclosure of the names, residence, and business addresses of the owner(s), all partners, and associates directly or indirectly having a financial interest in the ownership of the vehicle or the operation authorized by the operating permit for which application has been made. A certified copy of any fictitious business name certificate, evidence of publication, and an affidavit of publication, under which the applicant does, or intends to do, business;

8.

State of California Certificate of Compliance - Brake Adjustment which is valid at the time of the annual inspection;

9.

State of California Certificate of Compliance - Motor Vehicle Pollution Control which is valid at the time of the annual inspection;

10.

State of California Certificate of Adjustment - Lamp Adjustment which is valid at the time of the annual inspection;

11.

The above certificates must be dated within 60 days of the date of the inspection by the Public Works Agency.

B.

Applicants for an operating permit must demonstrate that the vehicle meets specified safety and equipment standards. The Public Works Agency shall publish safety and equipment standards and/or reference other standards with which each vehicle must comply. Such safety and equipment standards must include the installation of a protective partition of a type approved by the City Administrator in the vehicle. The protective partitions may be of a fixed or roll down design, and their installation applies only to taxicab companies with three or more vehicle permits, and must be installed in no less than 30 percent of that company's vehicles. Taxicab drivers may request to drive taxicabs that do not have safety shields therein. Employing taxicab companies shall provide taxicabs without safety shields to requesting taxicab drivers if such taxicabs are available.

1.

Except for vehicles driven solely by the holder of the vehicle permit, taxicab companies with three or more vehicle permits shall install cameras capable of recording the passenger seating area and the area immediately outside the driver's window in taxicabs without safety shields. Such cameras shall be installed within one year from the adoption of this chapter.

C.

The Public Works Agency shall conduct, or cause to be conducted, an inspection of all vehicles for which permits are granted under the provisions of this chapter prior to the issuance of an operating permit and at regular annual intervals thereafter on a schedule to be determined by the City Administrator.

Such inspections shall determine compliance with all applicable laws and standards. Standards for such inspections as set by the City Administrator shall include the following:

1.

Any door, window, hood, or trunk which fails to open or close securely;

2.

Peeling, defaced, or improperly repaired exterior decals, lettering or numbering;

3.

Exterior paint or color schemes which are different from those approved by the City Administrator pursuant to Subsection 5.64.040 B.5. or which are not maintained in the condition originally approved by the City Administrator;

4.

Dirt, broken fixtures, or other conditions in the passenger compartments which could soil or tear a patron's clothes;

5.

Rust, dents, or tips in the vehicle's exterior which are more than trivial, or missing components, including, but not limited to, chrome, rubber strips, or other component parts which might snag tear, or injure a driver, pedestrian, or passenger. Any such damage will be considered to be more than trivial when single or multiple areas of damage affect an aggregate area of at least three linear feet of the cab exterior. The measurement of each damaged area will be taken between the two most widely spread points of the affected surface;

6.

Dirty luggage compartments or luggage compartments which are maintained in condition which would soil or damage baggage;

7.

Driver or passenger compartments which have litter or trash;

8.

Torn or improperly repaired upholstery, headliners or floor covering;

9.

Re-tread tires;

10.

Safety standards as published pursuant to the provisions of Subsection B.

D.

All taxicabs operating within the City shall have signs containing the following information permanently affixed to the vehicle:

1.

On the exterior sides of the vehicle shall appear the name of the fleet management permittee, the insignia of such permittee, and the telephone number of the fleet management permittee. The size and location of vehicle numbers shall be designated by the City Administrator.

2.

On the exterior and interior sides of the vehicle shall appear the vehicle permit number in a size specified by the City Administrator.

3.

On the exterior sides of the vehicle, and within the interior of the vehicle in a location readily visible to the passenger, shall appear a sign which states "Driver carries only $5.00 in change."

4.

Within the interior of the vehicle, and in a location readily visible to the passenger, shall appear a sign which states the name of the fleet management permittee, such permittee's address and telephone number, and the vehicle number. The name of the driver shall be posted on a sign, readily visible to the passenger, following the words, "Your driver is". The fares authorized by this chapter shall be listed and the sign shall state, "Drivers may collect only these posted fares." In addition the sign shall state Oakland City Administrator's Office, Business Permits Unit, 1 Frank H. Ogawa Plaza, 11 ^th Floor, Oakland, CA 94612 [phone]. Such sign shall be no smaller than eight by ten inches in size.

5.

Within the interior of the vehicle, and in a location readily visible to the passenger, shall appear a sign titled Passenger's Bill of Rights. It shall include the following:

a.

You have the right to be treated courteously.

b.

You have the right to be taken to your destination by the most expeditious route.

c.

You have the right to be picked up and dropped off at a safe location.

d.

You have the right to have your baggage, not exceeding 50 pounds, placed in the trunk of the taxi.

e.

You have the right to pay only the posted fare. Tipping for good service is encouraged.

f.

Passengers with disabilities have the right, upon request, to be assisted entering and exiting the taxi.

g.

Passengers with disabilities have the right to be accompanied by qualified service animals.

In addition the sign shall state, "Complaints and comments may be filed with the Oakland City Administrator. Please specify the vehicle number and driver name." The telephone numbers and email address of the City Administrator or designee shall be included on the signs.

6.

All vehicles shall carry complete maps of Alameda County.

7.

Within the interior of the vehicle shall appear a copy of the operating permit. The form, contents, and location of the operating permit shall be designated by the City Administrator. A vehicle permittee shall be issued a decal for each vehicle upon full completion of the annual vehicle permit renewal and vehicle inspection.

E.

Vehicle Age and Alternative Fuel Requirements.

1.

Vehicle Age. By December 31, 2017, each vehicle operating within the City shall be not more than seven years old (measured from the date of first manufacture) or less. Operating permit holder may, with the permission of the City Administrator's Office, which permission shall not be unreasonably withheld, temporarily substitute another vehicle; provided that any such temporary substitution shall comply with all other operating permit specification and inspection requirements set forth in Section 5.64.060.

2.

Alternative Fuel. By January 1, 2015, each operating permit holder operating more than one vehicle shall ensure that no less than 30 percent of all the vehicles for which operating permits have been issued (or if an odd number, 30 percent of one less than the number of such vehicles) shall be alternative fuel vehicles. If a permit holder has 11 vehicles permitted to operate, no less than three of the vehicles shall be alternative fuel vehicles. By January 1, 2017, the percentages shall be increased to 50 percent.

F.

In addition to the annual inspections provided for in Subsection C., and as authorized under the California Vehicle Code, the Chief of Police may cause spot inspections to be made of any taxicab vehicle, provided that at the time of such spot inspection the vehicle is in service and not transporting a paying customer. If the taxi vehicle fails to pass the spot inspection, the vehicle permit and operating permit may be suspended pursuant to Subsection 5.64.080 F.

G.

Any individual who affixes or removes an operating permit without the permission of the City Administrator shall be in violation of this chapter. It is unlawful for any person to operate or permit to be operated a taxicab within the City without having an operating permit affixed to the vehicle. Any taxi driver permittee or fleet management permittee found in violation of this paragraph may have their permit suspended or revoked pursuant to Section 5.64.080.

H.

All citations issued for violations of Subsections C.1. through C.9., inclusive, shall require the person to whom the notice to appear is issued to produce evidence which is satisfactory to the Chief of Police that the vehicle has been made to conform with the requirements of this chapter within 30 days.

I.

Operating permits shall be renewed annually on a date to be set for each permit by the City Administrator; provided, however, that the renewal date so set shall be within 90 days from the calendar anniversary of the date on which the vehicle was last inspected and passed. Such renewal date shall also be within 30 days of the date the registration for that vehicle is renewed with the California Department of Motor Vehicles.

(Ord. No. 13161, § 4, 5-21-2013)