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The transportation official shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this article, and when duly promulgated, such rules and regulations shall be in full force and effect. The holder of the public transportation vehicle permit shall comply with such rules and regulations and any violation shall constitute a violation of this code. (Ord. 15-O-2671, eff. 2-6-2015)
Notwithstanding the provisions of section 3-4-2 of this code, every applicant for a taxicab transportation vehicle permit or permits shall obtain and maintain in full force and effect commercial automobile liability insurance meeting the following requirements for each vehicle listed on the application:
A. The insurer must be a carrier licensed and admitted by the California department of insurance to sell commercial automobile liability insurance in the state of California with an A.M. Best rating as required by the transportation official.
B. The policy shall be written with policy limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence. Such insurance may include a property damage deductible not greater than two thousand five hundred dollars ($2,500.00) per occurrence.
C. The policy shall contain a condition that it cannot be modified or canceled without at least thirty (30) days' prior written notice to the city.
D. Each policy shall contain an endorsement naming the city as an additional insured and shall be primary to and not contributing with any other insurance covering or maintained by the city.
E. A certificate of insurance shall be attached to the application for the taxicab public transportation vehicle permit or permits. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsections C and D of this section shall be filed with the city within thirty (30) days of the date the application is approved. Certificates and endorsements shall be filed on the forms provided by the city and the endorsement shall be notarized. (Ord. 15-O-2671, eff. 2-6-2015)
ARTICLE 3. OPERATOR'S PERMIT
Application for an operator's permit shall be filed with the transportation official and shall include:
A. Completion of an application on the form designated by the transportation official and signed by the applicant under penalty of perjury.
B. A photograph and fingerprints of the applicant shall accompany the application.
C. Proof of a current valid California driver's license.
D. Proof applicant is at least eighteen (18) years of age.
E. Proof that the applicant has passed an examination that shall be developed and administered by the transportation official in which the applicant demonstrates the qualifications necessary for the operation of a public transportation vehicle. The examination shall determine whether the applicant can perform the operator services authorized by the permit, including, but not limited to, whether the applicant knows the relevant city rules and provisions of this code; has sufficient reading and speaking command of the English language to communicate with passengers in English without translation assistance; and is familiar with key locations in Beverly Hills and greater Los Angeles and can find the way to these locations without use of paper or electronic aids, and to other locations with the use of these aids.
F. Payment of the fees as prescribed by the city council.
G. Proof of employment. For purposes of this chapter, any person who drives a taxicab in affiliation with a taxicab franchisee is considered an employee of the taxicab franchisee.
1. If the applicant will be operating a public transportation vehicle as an employee, the application shall be accompanied by a letter from the employer stating that the applicant will be employed upon issuance of the operator's permit. If the applicant will be operating a public transportation vehicle as a member of an association, then the application shall be accompanied by a letter from the association stating that the applicant will be admitted upon issuance of the operator's permit. If the applicant will drive a taxicab in any capacity, the application shall be accompanied by a letter from a taxicab franchisee stating that the applicant will drive a taxicab for that franchisee.
2. An operator's permit will be valid only as long as the applicant continues to drive for the employer, association, or taxicab franchisee identified in subsection G1 of this section. An operator's permit may be modified to allow the holder to drive for another entity provided the permit holder meets all the requirements of this section, files a transfer application on forms provided by the city accompanied by a letter from the other entity stating that the applicant will drive for that entity, and pays the transfer fee established by the city.
H. Proof of compliance with a controlled substance and alcohol testing certification program. That certification program, and compliance with it, must meet the following requirements:
1. The applicant must test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 of the code of federal regulations and for alcohol, before employment. For purposes of this subsection H, "employment" includes self-employment as an independent driver. As used in this section, a "negative test for alcohol" means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
2. Procedures of the certification program must be substantially as in part 40 (commencing with section 40.1) of title 49 of the code of federal regulations, except that the driver must show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return to duty and follow up testing and other requirements must be substantially as in part 382 (commencing with section 382.101) of title 49 of the code of federal regulations.
3. A test conducted in another California jurisdiction will be accepted as meeting the testing requirement of the city of Beverly Hills. Any negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing in the city if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
4. If the permitted owner of the taxicab or taxicabs is an employer, and the applicant for an operator's permit is an employee or prospective employee, then the following additional requirements are applicable:
a. The test results must be reported directly to the permitted owner that is the employer, or prospective employer, of the applicant for an operator's permit. The permitted owner is required to notify the city of positive results with regard to any employee, or prospective employee, who is an applicant for an operator's permit.
b. Permitted owners that employ taxicab drivers are responsible for compliance with, and must pay all costs of, this program with respect to their employees and prospective employees, except that a permitted owner may require employees who test positive to pay the costs of rehabilitation and of return to duty and follow up testing.
c. The permitted owner must notify the city upon termination of employment of a permitted taxicab driver. Upon termination, the operator's permit will become void, and the taxicab driver must return the permit to the city.
5. In the case of a self-employed independent driver, the following additional requirements are applicable:
a. Self-employed independent drivers are responsible for compliance with, and must pay all costs of, this program with regard to themselves.
b. The test results must be reported directly to the city, and the city must then notify the taxicab leasing company of record, if any, of positive results.
c. Upon the request of a driver applying for a permit, the city will give the driver a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the code of federal regulations that are known to offer tests in or near the city.
6. All test results are confidential and may not be released without the consent of the driver, except as authorized or required by law, including the provisions of this code.
7. The city council, by resolution, may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in this subsection H, which are implemented pursuant to California Government Code section 53075.5. (Ord. 15-O-2671, eff. 2-6-2015)
The permit will be issued by the transportation official unless there is a finding that:
A. The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics.
B. The applicant has made a material misrepresentation in the application.
C. Within the preceding seven (7) years, the applicant has been convicted of or pleaded guilty to reckless driving or driving under the influence of intoxicating liquors or narcotics.
D. Within the preceding twelve (12) month period the applicant has been convicted or pleaded guilty to two (2) or more moving violations under the state Vehicle Code or has been determined by the department of motor vehicles (or equivalent public entity) to be at fault in two (2) or more vehicular accidents in any state.
E. The applicant fails to pass the examination required by subsection 7-4-302E of this chapter, or fails to meet other requirements of this article.
F. The applicant has tested positive for any of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 of the code of federal regulations or for alcohol. For the purposes of this subsection, a "positive test for alcohol" means an alcohol screening test showing a breath alcohol concentration of more than 0.02 percent.
G. An applicant for a taxicab permit fails to meet the criteria established in the rules and regulations pertaining to the taxicab franchise system, or has operated a taxicab during the last three (3) years in any jurisdiction without a valid driver's permit for such jurisdiction. (Ord. 15-O-2671, eff. 2-6-2015)
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