Chapter 9 — FOR-HIRE VEHICLE DRIVERS

*Note--Chapter 9, Amusement Devices and Establishments, repealed by Ord. No. 10803 (N.S.), effective 9-15-22; new Chapter 9, For-Hire Vehicle Drivers, Sections 21.901 through 21.906, added by Ord. No. 10972 (N.S.), effective 3-12-26.

The following definitions shall apply to this chapter:

(a) "Approved Driver Safety Course" shall mean training course concerning driver safety rules and regulations, map reading, crime prevention, courtesy and professionalism, and compliance with the ADA approved by MTS or the San Diego County Sheriff.

(b) "Charter vehicle" shall mean every vehicle which:

(1) Transports passengers or parcels or both over the public streets of the County;

(2) Is routed at the direction of the hiring passenger;

(3) Is prearranged in writing for hire;

(4) Is not made available through "cruising"; and

(5) Is hired by and at the service of a person for the benefit of themselves or a specified group.

(c) "Compensation" shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

(d) "County" shall mean the unincorporated area of the County of San Diego.

(e) "Cruising" shall mean the movement over the public streets of a taxicab or low-speed vehicle (LSV) in search of prospective passengers; except the term does not include either the travel of a taxicab or LSV proceeding to answer a call for service received by telephone or radio from an intended passenger or the travel of such a vehicle, having discharged a passenger or passengers, returning to the owner's place of business or to its established point of departure.

(f) "Days" shall mean working days, exclusive of weekends and holidays for which San Diego County Sheriff's Administrative Center, License Division office is closed.

(g) "Driver" shall mean every person operating any for-hire vehicle.

(h) "Driver's identification card" shall mean license, issued by the Sheriff, which permits a person to drive a for-hire vehicle within the County.

(i) "Employ" shall include any form of agreement or contract under which the driver may operate the permit holder's for- hire vehicle.

(j) "For-hire vehicle" shall mean every vehicle, other than public transit vehicles or vehicles involved in an organized carpool not available to the general public, which is operated for any fare for compensation and used for the transportation of passengers over public streets. Such for-hire vehicles shall include vehicles for charter, jitneys, nonemergency medical vehicles, sightseeing vehicles, and low-speed vehicles.

(k) "Issuing Officer" shall mean the Sheriff.

(l) "Jitney" shall mean every vehicle which:

(1) Transports passengers or parcels or both;

(2) Follows a fixed route of travel between specified locations along its route on a variable schedule or operates a

flexible route within a geographic boundary and specific timeframes as approved by the Issuing Officer, with the fare based

on a per capita charge established in its permit.

(m) A "low-speed vehicle" or "LSV" is a motor vehicle, other than a motor truck, having four wheels on the ground and an unladen weight of 1,800 pounds or less, that is capable of propelling itself at a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour, on a paved level surface. It shall only operate within a geographic boundary as approved by the Issuing Officer. For the purposes of this section, a "low-speed vehicle" or "LSV" is not a golf cart, except when operated pursuant to California Vehicle Code section 21115 or 21115.1.

(n) "MTS" shall mean the San Diego Metropolitan Transit System, a public agency created pursuant to Public Utilities Code section 120050 et seq.

(o) "Inspector" shall mean those individuals, regardless of job title, who are authorized by the San Diego County Sheriff to enforce the provisions of this chapter.

(p) "Nonemergency medical vehicle" shall mean every vehicle which: transports persons, regardless of whether specialized transportation equipment or assistance is needed, for primarily medical purposes. Medical purposes is defined as providing transportation services to or from the following places: hospitals, convalescent homes, retirement homes, homes receiving funding for the board and care of residents living in those homes, medical or rehabilitation clinics, senior citizen centers, and any other like social service category. It shall be the responsibility of the transportation provider to determine if the service is primarily for medical purposes.

(q) "Operate" or "Operating" shall refer to the solicitation or acceptance of a fare for compensation or providing passenger transportation for compensation, regardless of such compensation is obtained from the passenger or a third party. It shall also include, as the context may require, the act of driving, managing, or directing the utilization of one or more for-hire vehicles.

(r) "Owner" shall mean the person, partnership, association, firm or corporation that is the registered owner of any for-hire vehicle and that holds the right to use the vehicle for its advantage.

(s) "Passenger" shall mean every occupant other than the driver of the for-hire vehicle.

(t) "Permit" shall mean the authority under which a person, firm, partnership, association, or corporation may operate a for-hire vehicle as a business.

(u) "Permit holder" shall mean any person or approved entity operating a business under a for-hire vehicle permit.

(v) "Sightseeing vehicle" shall mean every vehicle which:

(1) Transports passengers for sightseeing purposes of showing points of interest over the public streets of the County;

and

(2) Charges a fee or compensation therefor; regardless of whether any fee or compensation is paid to the driver of

such sightseeing vehicle, either by the passenger or by the owner or by the person who employs the driver or contracts with the driver or hires such sightseeing vehicle with a driver to transport or convey any passenger; and irrespective of whether or not such driver receives any fee or compensation for their services as driver.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)

This chapter does not pertain to the business of operating any for-hire vehicle or the business of providing any vehicle for the operation of vehicle for-hire services. An operating permit must be obtained from Emergency Medical Services.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)

(a) The for-hire driver license is governed by sections 21.101 to 21.117 and any additional conditions in this chapter. In addition to the grounds for denying a new or renewal license provided in sections 21.108 and 21.109 respectively, the Issuing Officer may deny a new or renewal for-hire license as provided in section 21.905. The Sheriff shall be the Issuing Officer for for-hire driver identification cards required by this section.

(b) To be eligible for a for-hire vehicle driver's identification card a person must have a valid California vehicle operator's license and have successfully completed a controlled substance and alcohol screen tests that meet the requirements set forth in Government Code section 53075.5(b)(3)(A).

(c) In addition to the requirements of this chapter, nonemergency medical vehicle drivers shall acquire and maintain valid proof of proper first-aid and CPR training that is in accordance with the guidelines or the curriculum of the American Heart Association BLS or the American Red Cross. Training shall include an in-person, hands-on component.

(d) A for-hire driver's identification card shall be valid for one calendar year from the date it is issued. If the Issuing Officer suspends the card, it shall not extend the one-year term.

(e) The identification card may be renewed within the 30 days prior to its expiration date by submitting a renewal application with the Issuing Officer.

(f) The identification card shall contain the for-hire driver's full name, date of birth, physical description, thumbprint, names of the companies the driver works for, expiration date and be laminated.

(g) A new laminated for-hire driver's identification card shall be issued each time a valid identification card must be replaced because it is lost, damaged or the driver changes employers between the date of issue and the date of expiration. The driver must pay the modification fee as provided by section 21.1901 to cover the cost of the new card.

(h) No person shall drive or operate any for-hire vehicle under the authority of a license granted under this Ordinance unless such person displays a valid driver's identification card obtained annually through the Issuing Officer.

(i) A driver may drive for more than one permit holder. The driver must, however, have on file with and accepted by Issuing Officer, a separate application on forms provided by the Issuing Officer, for each permit holder with whom he has a current driving agreement. A driver may have on file with the Issuing Officer a maximum of four (4) such applications at any one time. It shall be unlawful for a driver to accept or solicit passengers for whom the driver does not have such an application on file with the Issuing Officer.

(j) No person shall drive or operate any for-hire vehicle, under the authority of a license granted under this chapter unless such person has successfully completed an approved driver safety training course.

(k) No person who has received a notice of prohibition pursuant to section21.906, or whose privilege to operate a for-hire vehicle has expired, or has been suspended, revoked or denied by the Issuing Officer, California Highway Patrol, or the MTS Chief Executive Officer shall drive or operate a for-hire vehicle.

(l) The Issuing Officer is authorized to issue temporary for-hire vehicle driver identification cards pending the approval or denial of an application for a regular for-hire vehicle driver identification card. No temporary for-hire vehicle driver identification card shall be issued without the satisfactory completion of a local law enforcement agency record check of the applicant. Any temporary identification card so issued shall be valid for a period not to exceed ninety (90) days or until the date of approval or denial of the application for a regular for-hire vehicle driver identification card, whichever shall occur first. The issuance of a temporary identification card hereunder shall not authorize the operation of a for-hire vehicle following the denial of the application while pending the resolution of any appeal otherwise provided for in section 21.110.

(m) When a driver permanently no longer drives for an MTS For-Hire Vehicle Administration permit holder, the permit holder shall report this to the Issuing Officer within ten (10) calendar days.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)

(a) Each for-hire vehicle licensed to operate in accordance with this chapter shall have located on the passenger side dashboard area a driver identification card provided by the Issuing Officer. The driver identification card shall have no alterations or information covered. The driver identification card shall be visible to passengers, peace officers and Inspectors so they can easily view the driver identification card from either inside or outside the vehicle. The driver identification card issued by the Issuing Officer shall bear the following information:

(1) The number of the license of the driver;

(2) The name of the driver;

(3) The names of the business(es) the driver is driving for;

(4) A small photograph of the driver.

(b) Each for-hire vehicle shall be equipped with a rearview mirror affixed to the right side of the vehicle, as an addition to those rearview mirrors otherwise required by the California Vehicle Code.

(c) It is unlawful for any person to refuse to pay the lawful fare of a for-hire vehicle after employing or hiring the same.

(d) The driver of any for-hire vehicle shall promptly obey all lawful orders or instructions of any peace officer, fire fighter, or Inspector.

(e) No driver of any for-hire vehicle shall transport any greater number of persons, including the driver, than the manufacturer's rated seating capacity for the vehicle.

(f) It shall be unlawful for any person to solicit business for a for-hire vehicle by making a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agent or employees of such owner, by which the owner, agent or employee receives any type of payment or commission for recommending or directing any passenger to a specific for-hire vehicle or company. It shall be unlawful for any permit holder, association, or driver to have or make a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agents or employees of such owner, by which the permit holder, association or driver receives any type of payment or commission for recommending or directing any passenger to an establishment operated by a specific owner.

(g) The driver of a for-hire vehicle shall wear, in a manner clearly visible on their person, a driver identification card issued by the Issuing Officer.

(h) While operating a nonemergency medical vehicle, the driver shall wear a uniform that identifies the employer or

sponsoring agency and have visible identification of name.

(i) While operating a for-hire vehicle, drivers shall be hygienically clean, well-groomed, and neat and suitably dressed. Violations of this subsection are administrative in nature and shall not be the subject of criminal prosecution.

(1) The term "hygienically clean" shall refer to that state of personal hygiene, body cleanliness, and absence of

offensive body odor normally associated with bathing or showering on a regular basis.

(2) The term "neat and suitably dressed" shall be interpreted to mean that: driver is wearing appropriate clothing to operate a for-hire vehicle; drivers shall wear shoes; driver cannot wear as an outer garment any of the following: undershirt or underwear, tank tops, body shirts (see-through mesh), swim wear, sweatpants, jogging or bathing shorts or trunks, or sandals; and trouser-type shorts that are no shorter than four inches above the center of the kneecap are permissible.

(j) For-hire vehicles shall comply with the California Vehicle Code, e.g., not impede traffic, and, where applicable, not operate on streets where posted speed limits are above 35 miles per hour. For-hire vehicle drivers shall not load or unload passengers in traffic lanes.

(k) A driver shall not smoke or vape at any time while operating a for-hire vehicle.

(l) A driver shall not prejudice, disadvantage, or require a different rate or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex or any characteristic listed or defined in Government Code section 11135.

(m) A driver shall not use rude or abusive language toward a passenger(s), airport personnel, Inspector(s) or conduct any physical action that a reasonable person would construe as threatening or intimidating.

(n) A driver may refuse a fare if it is readily apparent that the prospective or actual fare is a hazard to the driver or operator. A driver is not obligated to transport any person who is verbally or otherwise abusive to the driver. Such incidents shall also be noted on the trip log and notification shall be immediately sent to the dispatch service organization, if a taxicab, which shall record the incident and keep the record for the minimum of 6 months.

(o) No driver shall stop, park, or otherwise leave standing any vehicle permitted under this Chapter within fifteen (15) feet of any fire plug except as modified any applicable regulation.

(p) No driver shall stop, park or otherwise leave standing any vehicle permitted under this Chapter in a disabled parking zone except as authorized per California Vehicle Code section 22507.8.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)

(a) No for-hire vehicle driver's identification card shall be issued or renewed by the Issuing Officer to any of the following persons:

(1) Any person under the age of eighteen (18) years.

(2) Any person currently on probation or parole.

(3) Any person who has been convicted of any felony, unless five (5) years have elapsed since their discharge from a

penal institution or satisfactory completion of probation or parole for such conviction during which period of time their record is good.

(4) Any person who has been convicted of assault, battery, resisting arrest, solicitation of prostitution, any infraction,

misdemeanor, or any felony involving force and violence, or any crime reasonably and rationally related to the for-hire industry or any similar business operation which bears upon the integrity or ability of the driver to operate a for-hire vehicle business and transport passengers, unless five (5) years have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation or parole for such conviction.

(5) Any person who, within the five (5) years immediately preceding the processing of the application, has been

convicted of or held by any final administrative determination to have been in violation of any statute, ordinance, or regulation reasonably and rationally related to the for-hire vehicle industry or any similar business operation which would have authorized the suspension or revocation of the driver's identification card in accordance with section 21.906.

(6) Any person who is required to register as a sex offender pursuant to the California Penal Code.

(7) Any person who has provided false information of a material fact in their application within the past year.

(8) Any person who within a year of the date of application has been suspended or revoked for rude and abusive

language or conduct, as described in section 21.904(l) of this chapter.

(9) No person shall obtain or renew a driver's identification card unless such person has successfully completed an

approved driver safety training course.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)

(a) In addition to the reasons in section 21.112 for revoking or suspending a license, driver's identification cards issued by the Sheriff may be suspended or revoked at any time in case:

(1) The Issuing Officer finds the driver's past record to be unsatisfactory with respect to satisfying the provisions of this

chapter; or

(2) The driver fails to comply with section 21.904 of this chapter or any other section of this chapter which regulates the

conduct of for-hire vehicle drivers; or

(3) Their California Driver's License is revoked or suspended; or

(4) The driver is convicted of reckless driving or driving while under the influence of intoxicating liquors and/or

narcotics; or

(5) The driver has been convicted of assault, battery, resisting arrest, solicitation of prostitution, any crime involving

force and violence, or reasonably and rationally is related to the ability or integrity of the driver to operate a for-hire vehicle or transport passengers; or

(6) The driver has ever been convicted of a crime that requires registration under the California Penal Code as a sex

offender.

(b) For purposes of subsections (a) (1) through (a) (5) of this section, a plea of nolo contendere, or a forfeiture of bail shall be considered a conviction if it occurred within the five (5) years immediately preceding the date of application for a permit or identification card.

(c) Notwithstanding a driver's possession of a valid for-hire driver identification card, the Issuing Officer may deny, suspend, revoke, or refuse to renew the driver's privilege to operate a for-hire vehicle if the driver falls within the provisions of this section. The Issuing Officer shall send a notice of prohibition the date postmarked to operate a for-hire vehicle to any holder of a driver identification card issued by the Sheriff who is ineligible under Subsection (a) to operate a for-hire vehicle.

(Added by Ord. No. 10972 (N.S.), effective 3-12-26)