(a) A licensee must not knowingly permit any taxicab to be operated in this County by a person who has:
(1) not been authorized to operate a taxicab under this Chapter; or
(2) tested positive for drugs or alcohol, as defined by applicable regulations, unless authorized by the Director.
(b) Each licensee must promptly take appropriate action when the licensee becomes aware from any source that a driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement has not complied with all requirements of this Chapter.
(c) Each licensee must exercise due diligence to monitor the activities of each driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement to assure that the driver complies with all requirements of this Chapter.
(d) Notwithstanding the legal status of any driver as an independent contractor rather than an employee of the licensee, for the purposes of this Chapter, the responsibility of each licensee for the conduct and performance of drivers under this Chapter:
(1) applies to each driver, including affiliates of the licensee; and
(2) prevails over any inconsistent contract or other agreement between a licensee and an affiliate or a driver.
(e) Any contract or other operating agreement between a licensee and any affiliate or driver must use the applicable uniform agreement adopted by regulation under Section 53-111 and must:
(1) inform the driver of:
(A) the driver’s obligation to comply with all requirements of this Chapter; and
(B) the licensee’s obligation to take appropriate action when the licensee becomes aware that a driver has not complied with any requirement of this Chapter;
(2) empower the licensee to take appropriate action, as required in subsection (b);
(3) not restrict a driver, affiliate, or taxicab owner from providing taxicab service in the County after the contract or agreement expires or is terminated;
(4) not exceed a term of one year;
(5) not require a driver or affiliate to use the fleet or association system for processing credit card transactions; and
(6) not be subject to automatic renewal.
(f) A licensee must not impose on a driver or affiliate:
(1) charges totaling more than 5% of any credit card transaction; or
(2) any other charge of a type or amount other than those on the list adopted by regulation under Section 53-111. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 5, § 1.)
Editor’s note—2015 L.M.C., ch. 39, § 5, states: Transition. Notwithstanding the Expedited Effective Date of this Act, the following provisions, amended in Section 1, take effect on October 1, 2015:
(a) the maximum credit card processing charge under Section 53-218(f)(1);
(b) the dispute resolution requirements under Section 53-219;
(c) the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and
(d) the minimum liability insurance requirements under Section 53-224.