Loading...
(a) The director may issue a provisional wrecker driver’s permit if the director determines that it is necessary pending completion of investigation of an applicant for a wrecker driver’s permit.
(b) A provisional wrecker driver’s permit expires on the date shown on the permit, which date shall not exceed 45 days after the date of issuance, or on the date the applicant is denied a wrecker driver’s permit, whichever occurs first.
(c) The director shall not issue a provisional permit to a person who has been previously denied a wrecker driver’s permit. (Ord. 24661)
(a) The director may issue a probationary wrecker driver’s permit to an applicant who is not qualified for a wrecker driver’s permit under Section 15D-29 if the applicant:
(1) could qualify under Section 15D-29 for a wrecker driver’s permit within one year from the date of application;
(2) holds a valid state driver’s license or occupational driver’s license;
(3) holds a valid state incident management towing operator’s license; and
(4) is determined by the director, using the criteria listed in Section 15D-29(b) of this article, to be presently fit to engage in the occupation of a wrecker driver.
(b) A probationary wrecker driver’s permit may be issued for a period not to exceed one year.
(c) The director may prescribe appropriate terms and conditions for a probationary wrecker driver’s permit as the director determines are necessary. (Ord. Nos. 24661; 27487)
If a wrecker driver's permit is lost or destroyed, the director shall issue the permittee a duplicate permit upon payment to the city of a duplicate permit fee of $24. (Ord. Nos. 24661; 27695; 30215)
(a) If a duly authorized representative designated by the director to enforce this article determines that a permittee has failed to comply with this article (except Section 15D-29) or a regulation established under this article, the representative may suspend the wrecker driver’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of the right of appeal.
(b) A suspension under this section may be appealed to the director or the director’s assistant if the permittee requests an appeal at the time the representative serves notice of suspension or within 10 days after the notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director or the director’s assistant.
(c) The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal, but at least 10 days advance notice of the hearing must be given to the permittee. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. 24661)
(a) If the director determines that a permittee has failed to comply with this article (except Section 15D-29) or any regulation established under this article, the director shall suspend the wrecker driver’s permit for a definite period of time not to exceed 60 days.
(b) If at any time the director determines that a permittee is not qualified under Section 15D-29, or is under indictment or has charges pending for any offense involving driving while intoxicated or a felony offense involving a crime described in Section 15D-29(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses, the director shall suspend the wrecker driver’s permit until such time as the director determines that the permittee is qualified or that the charges against the permittee have been finally adjudicated.
(c) A permittee whose wrecker driver’s permit is suspended shall not drive a wrecker for an emergency wrecker service inside the city during the period of suspension.
(d) The director shall notify the permittee in writing of a suspension under this section and include in the notice:
(1) the reason for the suspension;
(2) the date the suspension is to begin;
(3) the duration of the suspension; and
(4) a statement informing the permittee of the right of appeal.
(e) The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (Ord. 24661)
(a) The director shall revoke a wrecker driver’s permit if the director determines that a permittee:
(1) operated a wrecker inside the city for an emergency wrecker service during a period when the wrecker driver’s permit was suspended;
(2) intentionally or knowingly made a false statement of a material fact in an application for a wrecker driver’s permit;
(3) engaged in conduct that constitutes a ground for suspension under Section 15D-39(a) and, at least two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct, had received either a suspension in excess of three days or a conviction for a violation of this article;
(4) engaged in conduct that could reasonably be determined to be detrimental to the public safety;
(5) failed to comply with a condition of a probationary permit; or
(6) is under indictment for or has been convicted of any felony offense while holding a wrecker driver’s permit.
(b) A person whose wrecker driver’s permit is revoked shall not:
(1) apply for another wrecker driver’s permit before the expiration of 12 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or
(2) operate a wrecker for an emergency wrecker service inside the city.
(c) The director shall notify the permittee and the licensee in writing of a revocation and include in the notice:
(1) the specific reason or reasons for the revocation;
(2) the date the director orders the revocation; and
(3) a statement informing the permittee of the right to, and process for, appeal of the decision. (Ord. 24661)
(a) After receipt of a notice of suspension, revocation, or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender the wrecker driver’s permit to the director and discontinue operating a wrecker for an emergency wrecker service inside the city.
(2) the director determines that continued operation by the permittee would impose a serious and imminent threat to the public safety. (Ord. 24661)
Loading...