§ 5.64.070. Driver permits.

A.

It is unlawful for any person to drive a taxicab for hire within the City without first obtaining a driver permit as specified in this section.

B.

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

1.

Presentation and maintenance of a valid California driver's license;

2.

Written acknowledgment by the manager of a permitted fleet management permittee that the applicant is authorized to drive vehicles operated and managed by that permittee;

3.

Proof of completion of a training course approved by the City Administrator including but not limited to training in knowledge of Oakland, safety, appearance, customer relations, and transporting passengers with disabilities;

4.

Satisfactory completion of an examination approved by the City Administrator demonstrating knowledge of the streets, ways and principal public places in Oakland, the traffic regulations of the City, and the provisions of this chapter. All taxicab drivers shall receive and provide proof of training annually on safety, appearance, customer relations, transporting passengers with disabilities, and promoting the City;

5.

Evidence that the driver is covered under the insurance policy covering the fleet management permittee under whom the driver operates;

6.

Evidence that the applicant will be an employee of a fleet management permittee and has an offer of employment from a fleet management permittee unless the applicant himself or herself is an individual holding a fleet management permit;

7.

Evidence that a person has tested negative for drugs and alcohol through an approved drug and alcohol testing provider within 30 days prior to submitting their driver permit application. A positive test result is grounds for denial or revocation of a driver permit;

8.

The City Administrator may deny the granting or renewal of any driver permit if the applicant has been convicted of any crime, taking into consideration the nature and circumstances of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation.

C.

Drivers shall take the most direct route possible that will carry passengers safely, lawfully, and expeditiously to their desired destination.

D.

Drivers shall not refuse a reasonable request for service from any legitimate customer. Service may be refused when, in the opinion of the driver, accepting a passenger would threaten the safety of the driver.

E.

All persons driving taxicabs are required to post their driver permit within the taxicab as directed by the City Administrator and in full view of passengers.

F.

Unless an alternative method of maintaining waybill information has been presented by a fleet manager and approved by the City Administrator, drivers shall maintain waybills which fully and accurately report all fares paid and distances traveled while hired by a passenger. Waybills shall be deposited with the fleet manager for filing. Such waybills shall contain the following information:

1.

The driver's name;

2.

The correct date;

3.

The vehicle permit number;

4.

The time each paid trip is begun and completed, entered contemporaneously;

5.

The origin and destination of each paid trip, entered contemporaneously;

6.

The amount of fare paid for each trip.

G.

Fleet management permittees may require drivers to complete a vehicle inspection report in conjunction with other required waybill information.

H.

Upon request, drivers shall present their permits or waybills to City officials, the vehicle permit holder, or the fleet manager.

I.

Upon request, drivers shall issue to any passenger a receipt for the fare paid for hiring the taxicab.

J.

No driver shall permit any taxicab to be parked unattended in any taxi stand for a period of time in excess of five minutes.

K.

Every driver shall operate the taximeter to correctly indicate whether or not the taxicab is available for hire, and shall turn the taximeter on at the beginning and off at the end of each trip. Persons operating a taxi vehicle shall not accept fees or compensation for taxi services in an amount other than that indicated on the taximeter at the end of a trip except for services rendered pursuant to the City's par transit program.

L.

Drivers shall treat passengers and regulatory personnel courteously.

M.

Driver permits shall be renewed on the birthday of the permit holder each year. Driver permit renewal applicants must show compliance with Subsections B.1., B.2., and B.4.—B.6., in order to renew his or her driver permit. If a driver permit is not renewed as set forth above, it shall be deemed to have lapsed. No driver shall operate a taxi while his or her driver permit is lapsed.

Any driver permit which has lapsed for 31 to 60 days may be renewed upon the payment of a fee specified in the master fee schedule. Any driver permit that has lapsed for 61 days or more shall not be renewed, but instead that driver must file for a new driver permit and will be considered a new driver permit applicant.

N.

Test results pursuant to mandatory drug and alcohol testing set forth in Subsection B.6. shall be released directly to the City Administrator if the test results concern a taxi driver permittee or taxi driver applicant who is self-employed. The City Administrator shall notify any company leasing a taxi vehicle to any taxi driver permittee of any positive test results. If the test results concern any taxi driver permittee employed by any fleet management permittee, the test results shall be released to the fleet management permittee. The fleet management permittee shall notify the City Administrator of any positive test results.

O.

If the taxi driver permittee or taxi driver permit applicant holds a fleet management permit in his or her name, then he or she shall pay the cost of the testing. If the taxi driver permittee or taxi driver applicant is or will be employed by any fleet management permittee, the fleet management permittee shall pay the cost of the testing, which cost shall not be passed on to the driver, except in the event of a positive test result, in which case the taxi driver permittee or applicant may be charged for the cost of the test by the fleet management permittee.

P.

Test results shall not be released without the taxi driver permittee's or applicant's consent, except as set forth above or as authorized or required by law.

Q.

Each driver permit issued pursuant to this section must state the fleet management permittee's name on the face of the permit. In the event the taxi driver's employment is terminated for any reason, such driver permit shall be void. The City Administrator shall be notified within ten days of the termination of employment of any permitted driver, and the driver permit must be returned to the City Administrator.

R.

The City Administrator is authorized to promulgate regulations regarding driver conduct and comportment to promote professional conduct and appearance, to ensure the safety, health and wellbeing of passengers, other drivers, and the citizenry at large and to provide standards for rational and courteous behavior.

1.

Upon receipt of credible allegations of violation of the regulations, the City Administrator shall provide drivers with written notice of the violation, of the driver's right to contest the allegation in writing, and of the potential for revocation and/or non-renewal of the driver permit on the basis of multiple uncontested or confirmed violations.

2.

The City Administrator shall review contested violations and confirm or dismiss the violation on the basis of the preponderance of the evidence.

3.

An uncontested or confirmed violation is the basis for the City Administrator to suspend the driver's permit for a period not to exceed ten days.

4.

A second or greater uncontested or confirmed violation is the basis for the City Administrator to revoke and/or deny the renewal of the driver's permit, based upon the totality of the circumstances.

S.

Denial of a driver permit application is a final decision and nonappealable. An applicant whose driver permit application is denied must wait 60 days from the date of a denial before he/she may reapply. Any application received prior to the 60-day expiration period will not be acted upon until expiration of the 60-day period.

(Ord. No. 13161, § 4, 5-21-2013)