(a) No person shall act as a private transportation driver in the city without certification by a registered private transportation company or by the department if the private transportation driver and private transportation company are one and the same person, pursuant to this article.
In the event a private transportation company is required to certify the driver, the private transportation company shall conduct an investigation regarding the certification of the driver at no expense to the city concerning the character, experience, and qualifications of the driver to determine whether the driver is fit, willing, and able to operate a vehicle for hire in a manner consistent with the general welfare of the public and in accordance with the requirements of this article and all other applicable laws and rules.
(b) No private transportation driver may be certified, and any existing certification must be revoked for any driver, who:
(1) Has been found to have committed five infractions, as defined in HRS § 291D-2, in the prior two-year period, other than traffic infractions involving parking, standing, or equipment, including seat belts and offenses committed as a pedestrian;
(2) Has been convicted once in the prior two-year period for the offense of resisting an order to stop a motor vehicle, reckless driving, excessive speeding, racing on a highway, or driving with a suspended or revoked driver license;
(3) Is not at least 21 years of age;
(4) Has been convicted in the prior seven-year period of driving under the influence of an intoxicant, including drugs or alcohol;
(5) Has been convicted in the prior seven-year period of any of the following:
(A) Offenses against the person or property of another, including:
(i) Assault;
(ii) Kidnapping;
(iii) Manslaughter;
(iv) Murder;
(v) Negligent homicide;
(vi) Reckless endangering;
(vii) Robbery;
(viii) Theft;
(ix) Computer crimes;
(x) Credit card offenses; or
(xi) Identity theft;
(B) Offenses that are sex related, including:
(i) Displaying indecent matter;
(ii) Indecent exposure;
(iii) Open lewdness;
(iv) Promoting pornography;
(v) Prostitution or promoting prostitution;
(vi) Sexual assault; or
(vii) Sexual abuse;
(C) Offenses that are drug related, including:
(i) Promoting a dangerous drug;
(ii) Promoting a detrimental drug;
(iii) Promoting a harmful drug; or
(iv) Promoting intoxicating compounds; or
(6) Is a match in the National Sex Offender Public Website.
(c) To determine if a driver is qualified for certification, the private transportation company shall, at a minimum, obtain records to establish that the driver:
(1) Has a current and valid Hawaii State driver’s license;
(2) Has one year of driving experience;
(3) Is at least 21 years of age;
(4) Has a valid automobile insurance policy as required by law;
(5) Completed a seven year national criminal background check, which includes a director-approved Multi-State/Multi-Jurisdiction Criminal Locator or other similar validated nationwide database and National Sex Offender Public Website search, which reflects the absence of convictions for any of the offenses identified in this article. The criminal background check must be conducted before the initial certification of the driver and every two years thereafter;
(6) Has certified that the driver is physically and mentally fit to be a private transportation driver and is free of any known medical condition that would put a passenger at risk;
(7) Submitted a current traffic violations bureau certified abstract; and
(8) Has met all other qualifications under this article.
(d) As part of the certification process, a private transportation company or a third party vendor retained at the private transportation company’s cost, shall determine whether that the driver has a sufficient:
(1) Understanding of the traffic laws and ordinances applicable in the city;
(2) Understanding of the locations of streets, roads, highways, and significant landmarks within the city;
(3) Method of communicating with passengers; and
(4) Ability to respond to emergency situations, including but not limited to the ability to call for emergency assistance and knowledge of locations of major medical facilities.
(e) A private transportation company shall suspend a driver’s certificate and require the driver to submit a medical clearance from a physician licensed in the State of Hawaii if there are indications that the driver is or has become physically or mentally unfit to be a private transportation driver.
(f) When a private transportation company is made aware of a driver’s failure to comply with any requirement of this article or that the driver submitted false information to the company, the private transportation company must notify the department and ensure that the driver does not operate as a private transportation driver.
(g) The private transportation company must certify to the department that the company’s private transportation drivers have satisfied the requirements of this article. The company must maintain records that substantiate that the requirements are satisfied. Such records must be maintained within the city for a period of at least two years following the date on which a private transportation driver is no longer affiliated with a private transportation company or is no longer permitted to act as a transportation network company driver on the transportation network company’s digital network. The records are subject to inspection by the department in accordance with §§ 36-6.12 and 36-6.13. The private transportation company will be deemed in violation of this article and subject to the penalties under this article each time the department determines that the records do not substantiate compliance with the requirements for an individual driver.
(1990 Code, Ch. 12, Art. 6, § 12-6.5) (Added by Ord. 16-38)