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(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.
(a) Definitions. In this Section:
(1) Dispute means a disagreement between a person who holds a taxicab driver identification card issued under this Chapter and the fleet or association under whose colors the person drives over whether an action taken by the fleet or association to terminate, suspend or impair the person’s ability to drive under the fleet or association’s colors, or to terminate, suspend or impair the person’s right to enjoy the resources and benefits provided by the fleet or association, on the same basis as other similarly situated fleet or association drivers, was reasonable and based upon good cause.
(2) Good cause means one or more of the causes for revocation of an identification card under Section 53-604, or a material failure of a driver to comply with established, written rules or practices of the company or to perform in accordance with his or her written contract with the company, after reasonable notice and an opportunity to comply or perform.
(b) Each fleet or association may have a written dispute resolution procedure as part of its agreements with its affiliates or drivers, so long as such dispute resolution procedure incorporates, at a minimum, binding arbitration pursuant to the American Arbitration Association Commercial Arbitration Rules, R-1 through R-58.
(c) If a fleet or association has an agreement with an affiliate or driver that does not include a dispute resolution procedure meeting the requirements of subsection (b), then disputes will be subject to resolution under this subsection.
(1) disputes must first be the subject of an internal grievance procedure conducted as follows:
(A) the aggrieved party must submit a complaint in writing to the fleet or association within 30 days from the date of the fleet or association’s action, containing a written statement of the matter in dispute and the names, addresses and telephone numbers of each party to the dispute.
(B) within two weeks after the submission of the written complaint, the fleet or association must appoint a representative from within the fleet or association to hear the dispute. The representative must have had no direct or indirect involvement in the dispute.
(C) within two weeks after appointment, the representative must conduct an informal hearing concerning the dispute.
(D) both parties must use best efforts to resolve the dispute.
(E) within two weeks after the hearing has been concluded, the fleet or association representative must provide a written decision.
(2) If the dispute is not resolved through the internal grievance procedure, both parties may agree to informal or formal mediation of the dispute, pursuant to paragraph (3). If the parties fail to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).
(3) Informal or formal mediation.
(A) within two weeks after the internal grievance procedure has been concluded, any party requesting mediation must submit a written notice requesting mediation to all parties.
(B) within two weeks after such notice has been submitted, the parties may agree to an impartial person to mediate the dispute in an informal process. If the parties do not agree to informal mediation, the party requesting mediation must submit a written Request for Mediation to the American Arbitration Association (AAA). If the parties are unable to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).
(C) a request for mediation must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.
(D) the mediator must notify all parties of the time, date and place of the mediation.
(E) the costs of the mediation must be borne equally by the parties unless they agree otherwise in writing.
(F) the mediation conducted by AAA must be in substantial accord with the American Arbitration Association Commercial Mediation Rules, M-1 through M-17.
(G) the mediator may end the mediation if, in the sole discretion of the mediator, the continuation of the mediation would not be useful.
(H) the parties in mediation must use their best efforts to resolve the issues in controversy and the mediator may execute a written settlement agreement if agreed on by the parties but may not impose a settlement on the parties.
(4) Where neither the internal grievance procedure nor mediation, if attempted, has resolved the dispute, either party may submit the matter to arbitration, which is binding upon the parties. Such arbitration must be conducted as follows:
(A) within two weeks after the mediation process or the internal grievance procedure has been concluded, the party requesting arbitration must submit a written notice of intent to arbitrate to all parties.
(B) within two weeks after such notice has been submitted, an impartial person to arbitrate the dispute must be agreed upon by the parties, or, if the parties do not agree, the party requesting arbitration must submit a written request for arbitration to the (AAA) and simultaneously mail a copy of the request for arbitration to every party to the dispute.
(C) a request for arbitration must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.
(D) the arbitrator must notify all parties and their representatives, if any, of the time, date and place of the arbitration.
(E) the costs of the arbitration must be borne by the party which does not prevail, unless the parties agree otherwise in writing, or the costs are otherwise apportioned by the arbitrator if there is no prevailing party.
(F) the arbitration, whether conducted by AAA or another arbitrator chosen by the parties, must be in substantial accord with the American Arbitration Association Commercial Arbitration Rules, R-1 through R-56.
(G) the arbitrator may conclude the arbitration hearing if in the sole discretion of the arbitrator, continuation of the hearing would not be useful.
(H) within two weeks after the arbitration hearing has been concluded, the arbitrator must render an award in writing, which must be binding upon the parties and which may be enforced by any court having jurisdiction over the parties. (2015 L.M.C., ch. 39, §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.
Division 4. Additional Duties of Fleets and Associations.
Each fleet and association must:
(a) establish a management office in the County, or at another location approved by the Director;
(b) provide a communication system approved by the Director that:
(1) gives the driver and fleet or association two-way dispatch communication; and
(2) allows public access to request service, register complaints, and seek information. The communications system must allow a member of the public to speak to a staff member 24 hours a day, 7 days a week.
(c) operate under colors and markings approved by the Director;
(d) submit accurate, verifiable operating and statistical data reports as required under this Chapter;
(e) provide an adequate number of taxicabs to meet service demand 24 hours a day, 7 days a week, as defined by applicable regulations; and
(f) comply with all requirements of this Chapter regarding the provision of accessible taxicabs. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
Each fleet and association must:
(a) provide centralized administrative, vehicle maintenance, customer service, complaint resolution, dispatch, management, marketing, operational, and driver training services located in the County, or at one or more locations approved by the Director. A fleet or association may obtain these services, with the approval of the Director:
(1) from another person or entity who does not hold, or have an interest in, a license issued under this Chapter; or
(2) from another fleet or association if the Director finds that joint operations of this type:
(A) would promote competition and improve customer service; and
(B) would not impair the independence of any fleet or association;
(b) designate one to 4 persons with managing or supervisory authority to act on behalf of the fleet or association in all contact with the Department; and
(c) file with the Department, in addition to any other data required by law:
(1) if the fleet or association is incorporated, a copy of its certificate of incorporation, bylaws, and all other rules and regulations relating to the organization and operation of the entity and its membership;
(2) if a corporation holds a license, each year by February 1 a certificate of good standing issued by the State Department of Assessments and Taxation; and
(3) information on a form provided by the Department, showing, for each taxicab, the licensee’s name and address, vehicle make, vehicle identification number and taxicab number, and other pertinent information listed on the form. Any change in the information required by this paragraph must be filed in writing with the Department within 2 business days after the change.
(d) ensure that each taxicab affiliated with or operating under a license issued to the fleet or association places a written notice, clearly visible to passengers in the vehicle and on a form approved by the Department, that includes a statement:
(1) that the customer may choose to pay the fare using any available payment system; and
(2) identifies the available credit card processing systems approved by the Department. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, §1; 2016 L.M.C., ch. 5, §1.)
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