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HomeMy WebLinkAboutArt. V Sec 31-301 Applicability VEHICLES FOR HIRE ~ 3".30:! Sees. 31-214-31-300. Reserved. ARTICLE V. GENERAL REQUIREMENTS Sec. 31-301. Applicability. All generalreq~rements contained in this ar- ticle are applicable to chauffeur applicants and chauffeurs for Ilonemergency medical transporta- tion regulated under Chapter 4, Article III. pri- vate school buses regulated under Chapter 30. Section 371 and 372. taxicabs regulated under Chapter 31, Article n. Passenger Motor Carriers regulated under Chapter 31, Article nI, and spe- cial transportation se1"\;ce regulated under Chap- ter 31, Article IV and limousines regulated under Chapter 31, Article VI. <Ord. No. 94-15, f 5, 1-20-94; Ord. No. 00-139. f 1. 11-14-00) Sec. 31-302. Definitions. For purposes of this anicle the following defi- nitions shall apply: (a) CSD means the Miami-Dade County Con- sumer Services Department. 4779 ~ 31.30~ ;\IL~"U.DAD::: COt::-:TY CODE lb) For-hire company means an entity which is registered with the Consumer Services Department, which shall minimally pro-, vide a color scheme, including the trade name, customer lost and found services and a system for handling customer com- plaints. A for-hire company may among other things also provide communication services. contract services to chauffeurs and contract sen;ces for for-hire license holders. (c) For-hire passenger motor vehicle or for- hire vehicle means any of the following chauffeur-driven vehicles as defined in Chapters 4, 30 or 31 of the Code of Miami- Dade County: (i) Taxicab (ii\ Limousine (iii) Passenger motor carrier vehicle (iv) Kon-emergency medical transporta- tion vehicle (v) Private school bus (vi) Special transportation service vehi- cle which engages in the transportation of passengers and their accompanying prop- erty for compensation over the public streets of Miami-Dade County which com- plies with Section 319.23, Florida Stat- utes, as may be amended from time to time, but excluding ambulances, vehicles used exclusively for the transportation of decedents and persons parcicipating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment owning said vehicles, and rental or leased vehicles which rental or lease does not include a chauffeur; provided, however, that no vehicle excluded under this defi- nition shall be used on a for-hire basis except as authorized by this chapter. (d) PTRD means the Passenger 'Iransporta- tion Regulatory Division. (e) Solicit means an appeal by bell, horn, whistle, words or gestures for immediate Supp, ~o, 31 patronage of a for-hire vehicle by a chauf- feur or his agent directed at individuals or groups while the person making the ap- peal is upon the public way or public property, or the vehicle is parked, stopped, standing or moving up the public way or public property. (Ord. No. 94-15, ~ 5, 1-20-94) Sec. 31-303. Chauffeur's registration; all types. (a) It shall be unlawful for any person to drive any for-hire vehicle over any street in Miami- Dade County without first having obtained a chauffeur's registration from the CSD pursuant to this section. (b) Initial application for a chauffeur's regis- tration shall be on forms provided by the CSD and shall be accompanied by a non-refundable pay- ment of an application and processing fee. Appli- cation for renewal of chauffeur's registration shall be accompanied by anon-refundable payment of a renewal fee. Registration applications whether initial or for a renewal shall contain all informa- tion required by this chapter. Such applications shall also contain an agreement that the Miami- Dade County operator or for-hire company shall provide for a color scheme including trade name, customer lost and found services and a system for handling customer complaints. (c) The CSD and the Miami-Dade Police De- partment shall investigate each applicant and report all findings. The CSD, or any authorized agent, shall eumi"e each applicant to determine his or her knowledge of the English language, Miami-Dade County geography, traffic regula- tions and chauffeur responsibilities as contained in this chapter. (d> The CSD may issue a chauffeur's registra- tion, for such periods as prescribed within the anmini~trative order establishing the fees when it is shown that the initial or renewal applicant: <l)Holds a current, valid State of Florida driver's license of the class required for the type of for-hire vehicle to be operated; (2) Has taken a one (1) day course in one (1) location, as directed by CSD, which will 4780 VEHICLES FOR HIRE S 31-303 ensure that the applicant is able to speak. read and wri~e the English language suf- ficiently to perform the duties of a chauf- feur; and passes the required CSD oral and written exam demonstrating his or her knowledge of the English language, Miami-Dade County geography, 4780.1 . . VEHICLES FOR HIRE traffic regulations, defensive driving tech- niques and cbauffeur responsibilities. Not- withstanding the foregoing, chauffeurs who have held a chauffeur's registration is- sued by Miami-Dade County for twenty or more years and have not violated a vehi- cle or chauffeur standard on two or more occausions within the preceding five (5) years; shall be exempt from the require- ments of this paragraph (2). Further, chauf- feurs wbo, as of the effective date of this ordinance, have held a chauffeur's registraion issued by Miami-Dade County for twenty of more years shall be exempt from the requirements of this paragrapb (2). The provisions of this paragraph (2) shall not apply to initial or renewal pri- vate school bus chauffeur applicants ex- cept as provided in Section 31-306. (3) Completes a pbysical examination within the most recenttwelve-montb period (in- cluding any drug test required by the CSD Director pursuant to authority of subsection (j)) by a licensed physician or advanced registered nurse practitioner showing the applicant to be free from any physical or mental defect- and to be of sound health; (4) Is eighteen (18) years of age or old'er; (5) Certifies under oath that be or she is not a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others; (6) Certifies under oath that he or she is free from any physical or mental defect or disease that would constitute a direct threat to the property or safety of others or would impair his or her ability-to drive a for-hire vehicle; (7) Has attended a National Safety Council Defensive Driving Course or equivalent; provided, however, that renewal appli- cants shall only be required to take an additional defensive driving course ap- proved by the CSD if, in the most recent two-year period, said renewal applicant Supp, 2"0 29 t 31.30~ has been found guilty, or pled. guilty or nolo contendere to two (2) or more moving violations. (e) No person shall be issued a chauffeur's registration who: (l) Fails the physical ....."'in,tion or any drug test required by subsection (d}(3); (2) Is an individual who is not duly autho- rized to work by the immigration laws or the Attorney General of the United States; (3) Is a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others; (4) Falsifies his or her application, is found cheating on any exam, or has altered any cbau1feur regi,strBtion such an applicant shall not be eligible to re-apply for one (1) year; (5) Has within the last five (5) years pled nolo contendere, pled guilty, been found guilty or been convicted of a felony, unless his or her civil or residency rights have been restored; (6) Has pled nolo contendere, pled guilty, been found guilty, or been convicted of any criminal offense involving moral turpi- tude relating to sex crimes, the use of a deadly weapon, homicide,. traffick:ing in narcotics, violent offense against a law enforcement officer under Section 775.0823 Florida Statutes, or is a habitual violent felony offender under Section 775.084 Flor- ida Statutes; (7.) Has been convicted of an offense involving moral turpitude not relating to sex crimes wben, in the discretion of the CSD Direc- tor, approval of such registration would constitute a threat to health, welfare or safety of the public or property and there- fore would not be in the public's interest; (8) During the last five (5) years prior to application has had his or her driver's license suspended for or has pled nolo 4781 ~ 31-303 M1AMI.DADE COUl\"'I'Y CODE contendere, pled guilty or been found guilt). or been convicted (regardless of whether adjudication has been withheld) of: CD Driving under the influence of drogs or intoxicating liquors CD.U.I'); (ii) Three (3) or more traffic infractions resulting in accidents; (ii) Fleeing the scene of any accident, or (iv) Vehicular manslaughter or any death resulting from driving; (9) During the last five (5) years prior to application has accumulated twenty-four (24) points provided, however, renewal applicants applying for renewal of a chauffeur's registration on or before five (5) years from the effective date of this ordi.nance shall not be issued a renewal registration, if he or sbe bas accumulated twenty-four (24) points during the last three (3) years prior to such application; or (0) A chauffeur registration shall be denied when a chauffeur has received in the most ,recent twelve (12) month period prior to application two (2) or more driver's li- cense suspensions of any type on his or her State of Florida or other state record; or when the applicant. has been deter- mined by the State of Florida, or other State to be a habitual traffic offender in accordance with Section 322.264, Florida Statutes, as amended or other applicable State law. (f) The director of the CSD may issue a tem- porary chauffeur's registration valid for six (6) months only to any applicant, who otherwise qualifies, whose, State of Florida application for restoration olcivi! or residency rights is pending. This temporary chauffeur registration process shall not be available to nor shall such chauffeur's registration be issued to any person who: (1) Has pled nolo contendere, pled guilty, been found guilty or been convicted (re- gardless of whether adjudication has been withheld) of: 8. Any criminal offense involving moral turpitude relating to sex crimes, the Supp, No. 2'9 use of a deadly weapon, homicide, trafficking in narcotics, or a violent offense against a law enforcement officer under Section 775.0823 Flor- ida Statutes, or is a habitual feIon)' offender or a habitual violent felony offender under Section 775.084 Flor- ida Statutes; or b. Any crime wherein a for-hire vehicle was employed; or c; The cri,J:ne of assault or battery on anycountv code enforcement person- neL (2) Upon approval ot'. ~ding application for restoration of civil or residency rights, thetemporar'Y chauffeur shall have the privilege of applying {or a chauffeur's reg- istration. Upon denial of a pending appli- cation for restoration of civil or residency rights. the temporary chauffeur reristra- tion. shall be automatically revoked. If, at the expiration of the temporary chauffeur's registration, the applicant can prove that his same application {or restoration of civil or residency rights is still legiti- mately pending, the CSD director may further e:teIau the temporary chauffeur's registration, upon application and non- refundable fee payment. (g) Each chauffeur's registration (other than a temporary chauffeur's registration) shall expire on' the ~u1feur's birthday dUriDI tbeappropri- ate calendar year following issuance. Duplicate . c;hauffeur's reaistrations may be issued in the samemazmer as required by Section 31-303. The request must MSworii to and must state that the original has been lost or stolen. " (h) Chauffeurs shall have a arac:e penod of up to thirty (30) days after expiration in which to renew same and uuaintain the c:cmtinuity of the registration, provided, however. the chauffeur within such thirty-day period shall not drive a for-hire vehicle without a valid chauffeur reris- tration and shall also pay a non-refundable pen- alty surcharge over and above the chauffeur's registration fee. 4782 VEHICLES FOR HIRE (i) Chauffeurs must abide by all rules and regulations applicable to chauffeurs and shall be subject to enforcement, violations and penalties 'contained in this chapter and Chapter BCC of this Code. A chauffeur shall comply with the following regulations: (1) At all times when operating a for-hire motor vehicle, a chauffeur shall display in such a vehicle a valid chauffeur's registra- tion issued by the CSD for the class of transportation operated. (2) No chau1feur shall solicit, as defined by this article, passengers or drive his or her vehic:le back and forth in front of any place of public assemblage. (3) No chau1feur shall smoke while transport- ing passengers or sleep or permit others to sleep inside the motor vebicle while parked at a public or private stand or stop. (4) No chauffeur shall refuse or neglect to transport to any place in, the county any orderly person regardless of race, sex, religion, national origin, age or physical disability (including a seeing-eye dog), who is willing and able to pay the pre- scribed fare and no chauffeur shall accept any additional passengers without the consent of the passengers already within the vehic:le unless the passenger is being transported under a shared ride or other special service rate. (5) Chauffeurs at all times shall maintain a neat appearance. Chauffeurs. other th~ private school bus chauffeurs, shall wear a collared shirt, dark trousers or skirt, and closed shoes. (6) Chauffeurs shall maintain accurate trip sheets for at least one (1) year showing at least the following information: name of chauffeur, vehic:1e number, dat;e, origin and destination of each trip, number of passengers, and fare for each trip. Tbe total miles. trips and units accumulated during a chauffeur's shift shall be re- corded. All information must be recorded legibly. Upon request of CSD, chauffeurs Supp No, 29 4783 i 31.30~ shall produce, in person, trip sheets re- quired to be maintained by this section within one (1) business day of such re- quest. (7) No chauffeur shall collect fares or compen- sation for transportation services the es. tablished rates or charges for the type of service being provided, nor may any driver collect any additicmaJ payment for trans- porting any bagage which accompanies the pas-.uger, provided, however, that this provision shall not apply to gratu. ities. (8) The passenger shall be offered a receipt for the fare collected. (9) Chauffeurs shall not operate any for-hire vehicle with any lighting devices that are not functioning properly. Likewise. no ve- hicle shall be driven unless the chauffeur shall have satisfied himselfor herself that the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order. . (0) A chauffeur shall not use abusive lan- guage or be discourteous to passengers or enforcement personnel or solicit gratu- ities. (11) No chauffeur shall operate a motor vehi- cle while his or her ability or alertness isnso impaired or so likely to become im- paired, through fatigue. illness or any other cause, as to make it. unsafe for him ' or her to begin or continue to operate the motor vehicle. HoWever, in a case of grave emergency where the hazard to occupants of the vehicle or other users of the high- way could be increased by compliance with this section, the driver may continue to operate the motor vehicle to the nearest place at which that hazard is removed. (12) All chauffeurs shall notify the CSD upon each modification of his or her agreement with an operator or for-hire company. All chauffeurs shall notify the CSD of each change of address within ten (10) days of relocation. ~ 31-303 ML~I-DADE COLTY\'"I'Y CODE (13) Chauffeurs shall select routes to trip des- tinations that are most economical to the passenger unless otberwise directed by or agreed to by the passenger. (14) No chauffeur shall attempt to solicit or attempt to divert the patronage of any passenger, prospective passenger, or other person on behalf of any botel, motel, apart- ment, restaurant, nightclub, bar or any other business establishment, or accept or receive from any business establishment any payment for such solicitation or diver- sion of passengers from or to any place of business. (15) It sball be unlawful for any chauffeur to refuse to stop his or her vehicle for inspec- tion by CSD authorized personnel or any police officer when such personnel wit- ness a violation of the Code of Miami- Dade County pertaining to such vehicle or when the officer witnesses a violation of the requirements of law or the Code of Miami-Dade County pertaining to such vehicle; or to refuse to permit CSD autho- rized personnel or any police officer to conduct inspection of the vehicle. (16) Each chauffeur shall prominently display an off-dut). signwben not waiting employ- ment or actually transporting paying pas- senge."s. (17) Each chauffeur sball use the air condi- tioner unless otherwise requested by the passenger, where the. vehicle standards mandated by the Code require that a vehicle be equipped with sri air condi- tioner. (18) No chauffeur. shall display an altered chauffeur's registration when operating. (19) No chauffeur shall refuse to sign and accept a violation notice. (20) No chauffeur shall operate a vehicle witb- out a currently valid operating permit and vehicle inspection displayed. (21) No cbauffeur shall operate a vehicle with a tampered or altered operating permit decal or vehicle inspection sticker. Supp, ?\o 29 (22) All chauffeurs who are authorized by state law to carry a firearm and intend to ca.n')' said firearm on their bodies or in their vehicles shall notify the CSD in writing on a form provided by the CSD. (j) The county manager, within one hundred eigbty Cl80) days from the date of passage of this ordinance, shall prepare and submit directly to tbe comTnicsion a proposed administrative order whicbprovides for drug and alcohol testing where (i) reasonable suspicion exists that a chauffeur applicant or registered chauffeur is abusing alco- hol or misusing prescription drugs or iUegal sub- stances, or (ii) a registered chauffeur has been involved in a serious accident or repetitive acci- dents as defined in said arlminictrative order. Such ariTniniAtrative order may also provide for the conduct of periodic recurring testing of such chauffeurs. A chauffeur who is determined to bave used or to have been impaired by alcohol while operating or driving a for.hire motor vehicle shall have his or her registration revoked for two (2) years. A chauffeur who is determined to have used a controlled substance, except as permitted for medic:a1 purposes by law or regulation, shall have his or her registration revoked for two (2) years. (k) Any chauffeur's registration sball be auto- matically revoked should the chauffeur plead nolo contendere, plead guilty, OF be convicted of a felo'ny or of any criminal offense involving moral turpitude or a crime involving the use of deadly weapons OT.trafficking in narcotics or should the State of Florida revoke or suspend the chauffeur's driver's or operator's.license. (Ord. No. 94--15, f 5, 1-20-94; Ord. No. 94-128, f 1, 6-21.94; Ord. No. 94-139, f 2, 7-12-94; Ord. No. 00-73, f 1, 6-6-00) Sec. 31-304. Chau1l'eur's recistration-Addi- tiODal taxicab'requiremeuts. Each chauffeur shall: (1) only transport passengers or goods with a properly sealed and operating taximeter with the flag down if so equipped and meter running. (2) when parked in a designated tu.i stand remain adjacent and in attendance to his 4784 . . VEHICLES fOR HIRE or her vehicle at all times. All doors on the vehicle are to be closed except when load- ing or unloading passengers. (3) only transport passengers or goods with a lit tell-tale light. (Ord. No. 94-15, S 5, 1-20-94) Sec. 31.305. Chauffeur's registration-Addi- tional nonemergeDcy medical transportation chauffeur provi- sioDs. Each chauffeur shall: (1) Be trained in the correct use of special equipment required for wheelchair and stretcher transport, (2) Notwithstanding any other provision of law, the county commission may by a majority vote of the members present authorize the issuance of a non~mergency medical transportation chauffeur's regis- tr,ation to an applicant who does nototh- erwise meet the requirements of Section 4-45 tand Chapter 31, Article V of the Code) if the applicant can produce evi- dence sufficient to satisfy the county com- mission that the applicant: (1) has been paroled into the United States pursuant to 8 United States Code Section 1182(d)(S); (ii) is authorized to work in the United, States; (iii) has been convicted of a felony; 0....) has been leading an exemplary life during the two (2) year period prior to application; and (v) is seeking a chauffeur's registration for the purpose of earning an honest livelihood. A chauffeur's registra- tion issued pursuant to Section 4-45 may be renewed (i) upon compliance with the requirements of Section 4-45 (and Chap- ter 31, Article V of the Code) and with any conditions imposed by the commission, (ii) if the, chauffeur's parole into the United States has not expired or. been revoked and (tii) if said chauffeur is authorized to work in the United States at the time of renewal. Each chauffeur issued a chauffeur's registration pursuant to Sec- tion 4-45 shall immediately notify the CSD if (a) hislher parole into the United Supp. No, 31 ~ 31.30f States has expired or been revoked, or (b) he/she is no longer authorized to work in the United States. A chauffeur's registra- tion issued pW'Suant to Section 4-45 shall be revoked upon notice and hearing as provided in Chapter 31, Article V of the Code if the chauffeur is no longer autho- rized to work in the United States or said chauffeur's parole into the United States has expired or been revoked. (Ord. No. 94-15, i 5, 1-20-94) Sec. 31.306. Chauffeur's recistration-Addi- tional private school bus chauf. feur requirements. (a) Each chauffeur shall: (1) Possess a license issued pursuant to tbe licensure requirements of Florida Stat- utes, Chapter 234 and Chapter 6A-3 of tbe Rules of the Department of Educa- tion, as may be amended from time to time. (2) Possess a valid American Red Cross Stan- dard First Aid and personal safety course card or its equivalent. (b) (1) The language and testing requir~ ments contained in Section 31-303(d)(2~ shall apply to initial private school . bus chauffeur applicants, except that said r~ quirements shall not apply to private school bus chauffeur applicants whose primary language is other than English and who transport students who are fluent in the language spoken by the applicant. An initial applicant whose primary language is other than English and who transports students who are fluent in the language spoken by the applicant shall be issued a separate chauffeur registration; such an applicant shall be required to take and pass a' separate p~."";"ation which dem- onstrates tbe applicant's ability to com- municate in English with emergency per- sonnel in those situations described in this paragraph which pose immediate dan- ger to the bealth and welfare of the stu- dentes). Such examination shall only tes. the applicant's ability (1) to notify emer- 4785 " ~ 31.306 i\Il.-\.\n-DADE COt:~"'Ii'- CODE gency ~rsonnel in the event of an acci- dent. illness, fire, physical injury or trauma, and (2) to minimally describe in English the nature of the emergency, The exami- nation shall consist of a series ofhypothet- ical emergency situations where the ap- plicant is required to identify and/or articulate certain phrases necessary to notify emergency personnel and describe the nature of the emergency. (2) Each initial private school bus chauffeur applicant shall take the one-day course and pass the oral and written exam re- quired in Section 31-303(d)(2) demonstrat- ing the applicant's knowledge of Miami- Dade County, traffic regulations, defensive driving techniques and chauffeur respon- sibilities. Each renewal private school bus chauffeur applicant who. in the most re- cent two-year period, has been found guilty or pled guilty or nolo contendere to two (2) or more moving violations shall be also be required to take the one-day course and pass the oral and written exam required in Section 31-103(d)(2) demonstrating the applicant's knowledge of Miami-Dade County traffic regulations. defensive driv- ing techniques and chauffeur responsibil- ities. For separate chauffeur registration applicants whose primary language is other than English and who transport students who are fluent in the language spoken by the applicant, said examination shall be administered in Spanish or Creole, (Ord. No. 94-15, ~ 5,1-20-94; Ord, No. 94-139, 9 2, i-12-94: Ord. No, 95-02,9 1, 1-1i-95l Sec. 31-307. Chauffeur's registration-Addi. tional limousine chauffeur re- quirements. . Each chauffeur shall comply with the following regulations: (1) No Chauffeur shall solicit or pick up pas- sengers other than by prearrangement through a person located at the limousine license holder's place of business, ,Ord No 00-139, S 1, 11-14-001 Supp. ~o 3l Sec. 31-808. Cbauffeur violations-All types. (A) Non-civil violations of Sections 31-303 and 31-305 by nonemergency medical transportation chauffeurs shall be punishable as provided in Section 4-52 of the Code. Civil violations of Sec- tion 31-303 and 31-305 by nonemergency medical transportation chauffeurs shall be punishable as provided in Section 8CC-I0 of the Code and as provided in Section 4-52 of the Code. (B) Non-civil violations of Sections 31-303 and 31-306 by private school bus chauffeurs shall be punishable as provided in Chapter 30, Section 3il (P) and (Q) of the Code. Civil violations of Sections 31-303 and 31-306 by private school bus chauffeurs shall be punishable as provided in Section SCC-I0 of the Code. (C) Non-civil violations of Sections 31-303 and 31-304 by taxicab chauffeurs shall be punishable as provided in Chapter 31, Article n of the Code. Civil violations of Sections 31-303 and 31-304 by taxicab chauffeurs shall be punishable as pro- vided in Section BCC-I0 of the Code and as provided in Chapter 31, Article II of the Code, m> Non-civil violations of Section 31-303 by passenger motor carrier chauffeurs shall be pun- ishable as provided in Chapter 31, Article III of the Code. Civil violations of Section 31-303 by passenger motor carrier chauffeurs shall be pun- ishable as provided in Section SCC-IO ofthe Code and as provided in Chapter 31, Article III of the Code. (E) Non-civil violations of Section 31-303 by special transportation services chauffeurs shall be punishable as provided in Chapter 31, Article IV 'of the Code. Civil violations of Section 31-303 by special transportation services chau1feurs shall be punishable as providedin Section BCC-IO of the Code as provided in Chapter 31.Article IV of the Code. (F) Non-civil violations of Sections 31-303 and 31-307 by limousine chauffeurs shall be punish- able as provided in Chapter 31, Article VI of the Code. Civil violations of Sections 31-303 and 31-307 by limousine chauffeurs shall be punish- 4786 .' VEHICLES FOR HIRE 931.601 able as provided in Section BCe-IO of the Code and as ,provided in Chapter 31, Article \1 of the Code. <Ord, No. 94.15, S 5, 1-20-94; Ord, No. 00-139, S 1, 11-14-00) Sees. 31.309--31.600. Reserved. 4787