Daly City Municipal Code Div. V Driver's Permits

It is unlawful for any person to drive or operate any taxicab or handicapped serving van without first obtaining a driver's permit in writing to do so from the chief of police, or his or her designee. Each driver's permit issued shall be valid for a period of one year from date of issuance, unless rendered void, revoked or otherwise invalidated.

(Ord. 1278 § 3 (part), 2000)

Each application for a driver's permit or renewal of any existing driver's permit shall be filed with the chief of police, shall be accompanied by the fee as prescribed by the city council of the city by resolution, and shall contain the following information together with three pictures of the applicant:

A. Name, age, residence of applicant;

B. The name of the employer, or evidence of a written offer of employment of the applicant as a taxicab or handicapped serving van driver in the city;

C. The number of years of experience the applicant has operating a taxicab;

D. The names and business addresses of the applicant's employers during the preceding three years;

E. Social Security number of the applicant;

F. Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public authority. The circumstances of such denial, revocation or suspension shall be fully explained;

G. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed for the offense;

H. The name and business address of the taxicab company by whom the applicant will be employed or engaged under contract as a taxicab driver;

I. The endorsement by the owner, by whom the applicant is to be employed or engaged under contract as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic laws of the state of California and of the streets and signification locations of Daly City, as well as the ability to read and understand the English language sufficient to safely operate a taxicab in the city;

J. Proof of compliance with federal controlled substance and alcohol testing requirements;

K. Such additional information as may be required by the chief of police or designee in support of the public health, safety and welfare.

(Ord. 1278 § 3 (part), 2000)

No driver's permit shall be issued to any of the following persons:

A. Any person under the age of twenty-one years;

B. Any person who fails to provide documentation of either citizenship or employment authorization as required by the Immigration Reform and Control Act of 1986 (8 USC 1324a);

C. Any person who has been convicted of a felony or a crime involving moral turpitude;

D. Any person who has been convicted of any offense specified in the California Vehicle Code involving reckless driving, or alcohol or drugs, with the exception of those persons convicted of such offenses more than five years before the date of application for a permit, who submit proof of successful completion of a court-imposed alcohol or drug education or treatment program or court-imposed probation;

E. Any person not possessing a valid driver's license issued by the Department of Motor Vehicles for the type of vehicle the applicant proposes to use as a taxicab in the city;

F. The applicant has received a positive result in any random test for controlled substances and alcohol within the prior twelve calendar months;

G. The applicant is not able to demonstrate both a proficient knowledge of traffic laws of the state and the city, and proficient knowledge of the English language to allow for effective communication of destinations, directions and the ability to read and understand street signs and road maps;

H. The applicant has failed to provide the information required for the permit application;

I. Information required on the application was misstated or omitted;

J. The applicant has been convicted of an offense which requires registration pursuant to California Penal Code § 290;

K. The applicant has been convicted, within a five-year period prior to the application date, of an offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code § 1203.4;

L. The applicant has been convicted, within a five-year period prior to the application date, of any offense involving the use of force or violence upon another person;

M. The applicant has been convicted of any offense involving sexual misconduct with children or adults;

N. The applicant has been arrested or convicted, during the ten-year period prior to the application date, of reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;

O. The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of a taxicab driver;

P. The applicant has had a taxicab driver's permit issued pursuant to this chapter, or issued by another jurisdiction, revoked within the past three years;

Q. The chief of police or designee may deny the granting of any taxicab driver's permit when the granting of such permit would be in violation of any law or would endanger the public health, peace or safety.

(Ord. 1278 § 3 (part), 2000)

A. No applicant may obtain a driver's permit to drive or operate any of the vehicles defined in this chapter unless and until the applicant is employed by a certificate holder, or provides evidence of a written offer of employment as a taxicab or handicapped serving van driver in the city from a certificate holder.

B. The taxicab driver's permit shall be automatically revoked and void upon the termination of the driver's employment or contract with the owner who endorsed the permit application.

C. Within ten days of termination of employment or contract, the taxicab driver and the owner of the taxicab company shall be jointly and severally responsible for notifying the city in writing of such termination and surrendering to the Daly City police department any taxicab driver's permit in their respective possessions.

(Ord. 1278 § 3 (part), 2000)

A. No applicant may obtain or renew a permit to drive or operate any of the vehicles defined in this chapter unless and until the applicant shall test negative for controlled substances and alcohol pursuant to Division III of this chapter.

B. The applicant shall execute a declaration under penalty of perjury that the test result submitted with the application is the most recent test made of the applicant, and that no positive test results have been made since the date of the test result submitted with the application.

C. Upon the request of an applicant for a permit, the city shall give the applicant a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulation that the city knows offer tests in or near the jurisdiction.

D. The certificate holder shall pay all service charges, fees or assessments established by the city with respect to the certificate holder's employees and potential employees in an amount sufficient to pay for the city's costs of carrying out the mandates of this section.

(Ord. 1278 § 3 (part), 2000)

A. Within ninety working days after receipt of the application, the chief of police or designee shall issue a taxicab driver's permit to the applicant, if it is determined that no grounds exist for denial of the permit.

B. The duration of the driver's permit issued pursuant to this chapter shall be for one year from the date of issuance.

C. Renewal of a taxicab driver's permit shall require a renewal fee and a background check.

(Ord. 1278 § 3 (part), 2000)

All taxicab driver's permits issued prior to the effective date of the ordinance establishing this chapter shall be deemed issued pursuant to this chapter and shall in all respects be subject to the provisions of this chapter as adopted. All current taxicab driver's permit holders shall be responsible for meeting all requirements of this chapter prior to the anniversary date of the issuance of their current permit.

(Ord. 1278 § 3 (part), 2000)

The chief of police may revoke or refuse to renew a taxicab driver's permit, subject to appeal to the city council, if the driver or applicant has since the granting of his permit:

A. Been convicted of a felony or a crime involving moral turpitude; pandering; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

B. Been convicted of driving recklessly or while under the influence of liquors or narcotics;

C. Had his or her state driver's license revoked or suspended;

D. Had two or more convictions of the offenses set forth in Sections 22350 to 22352 of the Vehicle Code of the state, and amendments thereto, or any combination of either or any of such offenses, occurring during any continuous period not exceeding twelve months;

E. Tested positive for any controlled substance or alcohol pursuant to Division III of this chapter;

F. Violated any substantive provision of this chapter.

(Ord. 1278 § 3 (part), 2000)

Any driver whose permit has been revoked may, within ten days of such revocation, file an appeal from such revocation with the city council of the city, and a hearing shall be held before the city council on such revocation. If, in the opinion of the city council the revocation is not justified from the evidence submitted to it at such hearing, the permit shall be reinstated. If, upon hearing, it shall appear that good cause exists therefor, the city council shall affirm the action of the chief of police, and order the permanent revocation of the permit. The action of the city council of the city on such revocation shall be final and conclusive. Pending such hearing and reinstatement, it is unlawful for such driver to operate a taxicab or handicapped serving van within the city with a revoked, suspended, void or cancelled taxi driver's permit.

(Ord. 1278 § 3 (part), 2000)

A. Lesser violations of any provisions of this chapter by the taxicab driver's permit holder within any twelve-month period may result in the imposition of punitive actions as follows at the direction of the chief of police:

1. First violation: suspension of the taxicab driver's permit for a period of not more than three calendar days;

2. Second violation: suspension of the taxicab driver's permit for a period of not more than seven calendar days;

3. Third violation: suspension of the taxicab driver's permit for a period of not more than fourteen calendar days;

B. Any violation of this chapter subsequent to the first shall be counted as a second or third violation, even if the violation involves a different vehicle or infraction of a different section of this chapter.

C. Three suspensions within any twelve-month period may result in a more serious suspension or revocation of the taxicab driver's permit by city council action pursuant to Section 5.72.570.

(Ord. 1278 § 3 (part), 2000)

The chief of police or designee may issue an order summarily suspending a taxicab driver's permit for a period not to exceed five calendar days if the chief of police or designee determines that the continued use of the driver's permit will cause immediate hazard to the public safety, health or welfare. The order of suspension shall be personally served to the permit holder.

Within two calendar days of the date on which the emergency suspension was issued, the driver may send a written request of hearing to the chief of police in order to allow the driver to show cause why the certificate or permit should not be suspended.

If no hearing is requested prior to the expiration of the two-calendar-day period, the driver then is deemed to have waived all appeal rights and the suspension becomes effective for its prescribed period.

(Ord. 1278 § 3 (part), 2000)

Any holder of a taxicab driver's permit who tests positive for controlled substances or alcohol shall have his or her permit revoked immediately upon notice to the city of the positive test. Such permit may be reissued at the discretion of the chief of police or designee upon written certification of completion of all required procedures as described in Part 40 of Title 49 of the Code of Federal Regulations and of Division III of this chapter.

(Ord. 1278 § 3 (part), 2000)