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APDSOP3210TaxicabsandVehiclesforHire.htm

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

 

Effective Date

June 1, 2008

 

 

APD.SOP.3210

Taxicabs and Vehicles for Hire

 

Applicable To: Sworn an DTVH Employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  5/28/08

 

  Table of Contents    
 

1.          PURPOSE  PAGEREF _Toc200194868 \h 1

2.          POLICY   PAGEREF _Toc200194869 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc200194870 \h 1

4.          ACTION  PAGEREF _Toc200194871 \h 2

4.1           DTVH Enforcement PAGEREF _Toc200194872 \h 2

4.1.10      Airport Procedures  PAGEREF _Toc200194873 \h 2

4.2           Taxicab Inspections  PAGEREF _Toc200194874 \h 3

4.3           Taxicabs  PAGEREF _Toc200194875 \h 4

4.4           Equine-Drawn Vehicles  PAGEREF _Toc200194876 \h 7

4.5           Driver’s Permits  PAGEREF _Toc200194877 \h 7

 

 

1.               PURPOSE

 

This directive establishes the administrative procedures of the Division of Taxicabs and Vehicles for Hire.  It establishes guidelines for inspections of animal-drawn vehicles, taxicabs and other vehicles for hire and for the DTVH administrative hearing process.

 

2.               POLICY

 

The Division of Taxicabs and Vehicles for Hire will enforce Atlanta City Code Chapter 162, Article II and Chapter 22, Article III, Division 7 regarding vehicles for hire with the intent of ensuring safe and reliable transportation for hire in the City of Atlanta.

 

3.               RESPONSIBILITIES

 

3.1              The Mayor appoints hearing officers and has delegated the suspension and revocation of permits and Certificates of Public Necessity and Convenience (CPNC) and the imposition of civil fines to the Chief of Police.

 

3.2              As the designee of the Mayor, upon receiving the recommendation of the hearing officers, the Chief of Police has the authority to suspend and revoke, where applicable, permits and CPNC’s and to impose civil fines for violations of City Code, Chapter 162, Article II, Animal-Drawn Vehicles and Taxicabs, not to exceed the statutory maximum fine per violation (Section 162-30 (a)).

 

3.3              The Director of Taxicabs and Vehicles for Hire will implement this directive and enforce Atlanta City Code, Chapter 162, Article II, Animal-Drawn Vehicles and Taxicabs (Section 162-28).

 

3.4              Sworn employees and DTVH employees will comply with this directive and enforce Atlanta City Code, Chapter 162, Article II and Chapter 22, Article III, Division 7.  The DTVH Director, Administrator, Enforcement Officer Supervisors and Enforcement Officers have the authority as Code Enforcement Agents to enforce Chapter 162, Article II and Chapter 22, Article III, Division 7.  (APD.SOP.2210 “Code Enforcement Agents” and City Code Section 98-1)

 

3.5              Agents of the Fulton County Society for the Prevention of Cruelty to Animals, who are appointed as special deputy sheriffs by the sheriff of Fulton County will enforce relevant parts of Atlanta City Code, Chapter 162, Article II, Animal-Drawn Vehicles and Taxicabs (Section 162-28).

 

3.6              Division, section and unit commanders are responsible for the implementation of this directive within their commands.

 

4.               ACTION

 

4.1              DTVH Enforcement

 

4.1.1           If a vehicle for hire driver, company or CPNC holder is cited for a violation under any of the sections in Atlanta City Code, Chapter 162, Article II, or Chapter 22, Article III, Division 7, the driver or company will surrender their permit to the DTVH Enforcement Officer that issued the citation.

 

4.1.2           The citation (Form APD 640) becomes a temporary driver or company permit and is valid for 30 days or until a fine is paid or the driver or company has been exonerated.  The regular permit will not be returned until any fines imposed by the Chief of Police or his or her designee have been paid.  Until the hearing, the citation issued will serve as a temporary permit.

 

4.1.3           If a vehicle for hire driver permit or company permit has been suspended or revoked, no temporary permit will be issued.  Any temporary permit previously issued will be surrendered to the Division of Taxicab and Vehicle for Hire.  Failure to pay any fines imposed pursuant to City Code Chapter 162 will constitute due cause for further action by the Chief of Police.

 

4.1.4           The DTVH Enforcement Officer will complete an Incident Report (Form APD 001) at the time he or she issues the citation.  All incident reports will be turned in daily to the supervisor before the end of each watch.  The original will be forwarded to the Central Records Unit and a copy will be maintained by DTVH for a period of 5 years.

 

4.1.5           Incident reports will be completed in compliance with APD.SOP.3060 “Reports and Report Writing.”

 

4.1.6           DTVH enforcement vehicles may be equipped with amber lights.  The amber lights will not be used to conduct traffic stops.  The lights may be activated for traffic safety when the enforcement vehicle is stopped for official DTVH business.

 

4.1.7           Supervisors of each watch will review all citations and incident reports to ensure completeness and accuracy.  The supervisor will match each citation with the corresponding incident report to determine the number of times a driver or company has been cited.

 

4.1.8           Administrative staff will enter each citation and incident report into the DTVH database.

 

4.1.9           Civilian employees flagged down by citizens to respond to a crime, or witnessing a crime, will immediately notify radio for a sworn unit to respond. 

 

4.1.10         Airport Procedures

 

1.    Enforcement personnel will monitor the Taxi Assembly Area (TAA), and behind the building.  If enforcement officers notice any illegal activity or foods being sold they will immediately notify radio to send a sworn officer from the Airport Section.

 

2.    All drivers operating at the Airport are required to accept credit cards and airline vouchers.  Any driver refusing to accept credit cards or airline voucher may be cited for trip refusal.

 

3.    Enforcement officers will monitor the holding area on a regular basis.  All vehicles parked beyond the designated holding area will be cited.  (City Code Section 162-117 (c))

 

4.    Enforcement of Atlanta City Codes will include all hotels located in Airport Section jurisdiction.

 

5.    Violations on the west curb will be handled similarly to violations on any taxicab stand.    

 

6.    Enforcement personnel will inspect each Taxicab entering the TAA for proper operating conditions.

 

7.    Enforcement personnel will monitor the activities of all Taxicabs within the Ground Transportation Center, including the activities of contracted and prearranged Taxicabs. 

 

8.    Enforcement personnel will ensure that all Drivers are properly dressed within the Ground Transportation Center and the TAA at all times.

 

9.    Enforcement personnel supervisors will submit weekly operation reports to the Ground Transportation Manager, outlining the number of violations and types, the number citations and types, the number of customer issues and types, any driver related issues of which enforcement personnel were made aware, and a schedule for the upcoming week’s staffing.

 

4.2              Taxicab Inspections

 

4.2.1           See City Code Section 162-34 (a) for definitions of terms.

 

4.2.2           DTVH Enforcement Officers will schedule and conduct semiannual inspections of all vehicles for hire for which permits have been issued.  (City Code Sections 162-34 (b, h)) 

 

1.    Each vehicle for hire will be inspected during the month of expiration on the current inspection sticker issued by the DTVH.  The inspection will be documented on an Inspection Log (Form APD 748).  Each vehicle for hire will be inspected no more than 30 days prior to the expiration date of the current inspection sticker issued by the DTVH.

 

2.    Before inspections are conducted, company owners or drivers will show a payment receipt from the DTVH.  The receipt must include the total amount collected for inspections, the number of vehicles to be inspected, date of payment, company names, CPNC numbers, tag numbers, vehicle identification numbers (VINs) and registration.

 

3.    If a vehicle for hire meets all inspection requirements, the DTVH Enforcement Officer will place a DTVH Inspection sticker on the lower right rear windshield.  The sticker will show the vehicle’s CPNC number and the date of the next semi-annual inspection.  (City Code Section 162-34 (d))

 

4.    The vehicle being inspected may be brought to the inspection station by any individual associated with the taxicab company that has a valid driver’s permit for the company of the vehicle being inspected.

 

5.    If a vehicle for hire passes the requirements of the DTVH inspection, an Inspections / Correction Sheet (Form APD 716) will be issued to the driver.  The driver and the inspecting officer will sign the Inspections Sheet.  A copy will be provided to the driver and the company, and a third copy will be maintained at the DTVH administrative offices for a period of 5 years.

 

4.2.3           DTVH Enforcement Officers will conduct inspections of vehicles for hire when there are possible violations and may conduct random re-inspections for certain violations.  (City Code Section 162-34 (g, i))

 

4.2.4           If a vehicle for hire fails to pass the requirements of the DTVH inspection, an Inspections / Correction Sheet (Form APD 716) will be issued to the driver, listing the items that need correction.  The correction slip will show the status of the inspection.  The vehicle will not operate as a vehicle for hire until it successfully passes inspection.  The Enforcement Officer will sign the correction slip and give a copy to the driver and a copy to the company.  A third copy will be maintained at the DTVH administrative offices.

 

4.2.5           Once repairs are complete, the driver can have any enforcement officer check repairs and remove the Do Not Operate.  The driver will be given time to operate until the next inspection date.  The driver and the inspecting officer will sign Correction Slip (Form APD 716).  The DTVH copy of correction slip is attached to company inspection sheet and filed in company binder located in the DTVH office.

 

4.2.6           A vehicle for hire that fails inspection may operate as a vehicle for hire at the discretion of the Chief of Police or the DTVH director, not to exceed 15 days.  However, the vehicle for hire must substantially comply with DTVH inspection requirements as outlined in City Code Section 162-34.  Employees conducting the inspection will refer to the timeframe for compliance that is outlined in City Code Section 162-43.

 

4.2.7           Vehicles operating with an inspection sticker that is expired, less than seven days, will be issued a Do Not Operate.  Vehicle operating with an inspection sticker that has expired, greater than seven days, will be impounded and also issued a Do Not Operate.  Information will be clearly communicated with administrative staff and all field personnel to be on the look out for these vehicles.  In each situation, passengers will be removed from the vehicle with an expired inspection sticker, and placed into another taxicab. 

 

4.2.8           The DTVH director will forward copies of all Inspection / Correction Sheets (Form APD 716) to company owners.  

 

4.3              Taxicabs

 

4.3.1           Taxicab inspections will be conducted at the DTVH inspection station during designated inspection hours.

 

4.3.2           Division of Taxicabs and Vehicle for Hire Enforcement Officers and supervisors will not inspect dirty taxicabs.  The taxicabs will be clean inside and out to offer a pleasing and safe environment for passengers.  If a driver brings a dirty vehicle to the inspection station, he or she will be instructed to leave and return with a clean taxicab.  The dirty cab will be instructed to return to the end of the line once clean.

 

4.3.3           Division of Taxicabs and Vehicle for Hire Enforcement Officers or supervisors will ride along with taxicab drivers during inspections for one mile to check distance on meters.  The Taxicab “Waiting Time” button will be deactivated during the distance test.  If the meter is not in accordance with distance, enforcement officers will issue an Inspection / Correction Sheet (Form APD 716) with a “Do Not Operate” order annotated on the sheet.  If the meter is in accordance with distance, the DTVH enforcement officer will continue with the inspection.  (City Code Section 162-34(c)(2)c8i)

 

1.    taxicab exterior, City Code Section 162-34 (c)(2-a), 162-34 (n) and (o), and 162-116.

 

2.    taxicab interior, City Code Sections 162-34 (c)(2-b), 162-34 (l) and (m), and 162-38. 

 

3.    other requirements of the vehicle, City Code Section 162-39

 

4.    At the conclusion of the distance test, inspection personnel will check tire pressure in accordance with vehicle tire standards. 

 

4.3.4           All taxicabs will affix the following to the exterior of their vehicles: 

 

1.    The Certificate of Public Necessity and Convenience (CPNC) number affixed by means of permanent, nonmagnetic decals to the front left hood, the rear right trunk lid and each front fender, at least five inches in height, news gothic bold in style, with a width of at least three-eighths of an inch and black or white in color, whichever is more prominent against the background color.  Decals on the rear trunk lid will be clearly visible to any vehicle following the taxicab.

 

2.    The name of the company painted or affixed by decal to the left and right front doors, as approved in section 4.3.8.

 

3.    The schedule of rates painted or affixed by decal to the left and right rear doors.

 

(City Code Section 162-36 (a))

 

4.3.5           Each taxicab for hire will have affixed to the upper right corner of the front windshield a current monthly insurance sticker issued by DTVH.  The sticker will be firmly affixed just below the tinted visor.  (City Code Section 162-36 (b)) 

 

4.3.6           The current month’s insurance sticker will be displayed on the first day of the month, prior to the driver starting their shift.  If field personnel see additional stickers, they will remove them.

 

4.3.7           Each taxicab for hire will have a schedule of passenger rights displayed that will include the following:

 

1.    the right to an air-conditioned cab;

 

2.    the right to direct the driver to use a certain route to a destination, except in a flat rate zone;

 

3     the taxicab CPNC number, company phone number, and DTVH telephone number to file complaints or make comments;

 

4.    the taxicab driver’s permit (3.5 by 5 inches in size) placed in a bracket or receptacle located on the right half of the dashboard.

 

(City Code Section 162-36 (c))

 

4.3.8           Each taxicab company will submit a company logo and identification scheme different from any other company’s logo or identification scheme.  The DTVH director will approve or reject the company logo or identification scheme within ten days from the date of submission.  Upon approval, the company logo or identification scheme will be affixed to each vehicle for hire in the company’s fleet.  (City Code Sections 162-36 (d), 162-37, and 162-116)

 

4.3.9           All taxicabs will be equipped with a dome light not less than six inches in height, permanently affixed to the roof, bearing the term “taxi” or the company name.  (City Code Section 162-36 (e))

 

4.3.10         All advertising material displayed inside a taxicab must be approved by DTVH. (City Code Sections 162-36 (f))  A request for advertising will be made in writing to the director of DTVH, who will approve or deny the request.

 

4.3.11         Taxi Stands

 

1.   All hotels and motels will provide off-street, on-site taxicab stands with a minimum of one space for each 100 guest rooms or a portion thereof in the hotel or motel, up to a maximum of six taxicab stand spaces.  Taxicabs will be placed on stands only from the rear of the stand and will move forward and to the front of the stand immediately as space becomes available by the departure of preceding taxicabs.

 

2.   Violation of this rule constitutes “line jumping” and will be grounds for fine, suspension or revocation of a driver’s permit.  (City Code Section 162-117 (b))

 

3.   The term “Open Stand” means any location on the streets of the City of Atlanta for use by taxicabs on a non-exclusive, first come, first serve basis and not by private vehicles or other public conveyances.

 

4.   The airport taxicab waiting area, known as the “Bull Pen” is a taxicab stand subject to City Code Section 162-117.

 

5.   If a dirty taxicab is staged at a taxi stand, the inspection sticker will be removed and a correction sheet will be issued outlining all vehicle deficiencies.  The vehicle will also be required to leave the taxi stand.

 

6.   All passengers will be removed from taxis that violate line jumping rules or any other vehicle safety violations, and placed in another taxicab. 

 

4.3.12         Vehicle for hire fees are given in City Code Section 162-33.

 

4.3.13         Taxicab Age Limitations

 

1.    No vehicle operating as a taxicab will be more than six years old.  By December of each year vehicles with a model year seven years old must be replaced (City Code Section 162-39 (d) and 162-61)) 

 

2.    However, any such vehicle for which a CPNC was obtained prior to August 15, 2001, may continue to operate as a taxicab through that vehicle’s eighth model year provided that the vehicle continues to be in compliance with all other provisions of the City Code.

 

3.    Any vehicle operating beyond these limitations will be impounded.  The driver, company owner and CPNC holder will be cited for the violation.

 

4.3.14         A table of violations, including fines and general discipline, offenses for which appearance is required, and corrections and related matters, is given at City Code Section 162-43.

 

4.4              Equine-Drawn Vehicles

 

4.4.1           Terms are defined in City Code Section 162-146.

 

4.4.2           Animal-drawn vehicles will be inspected at respective carriage companies which must be located within the City limits of Atlanta.  Company owners will contact a DTVH supervisor to schedule inspection dates and times.  (City Code Section 162-34 (c)(1))

 

4.4.3           Prior to inspections, company owners will show a payment receipt from the DTVH.  The receipts must include the total amount collected for inspections, the number of carriages to be inspected, dates of the payments, company names, CPNC numbers and carriage numbers.

 

4.4.4           DTVH inspectors will place a DTVH inspection sticker on the name tag located on the rear of the carriage if an animal drawn vehicle meets all inspection requirements.  If a vehicle fails to meet requirements, a correction slip (Form APD 716) will be written indicating the corrections needed and the length of time to correct all deficiencies.  DTVH Enforcement Officers will follow up on the deficiencies at the carriage company’s location.

 

4.4.5           Operating regulations are given in City Code Sections 162-149 and 162-150.

 

4.4.6           Regulations on the condition and care of the equine are given in City Code Sections 162-147, 162-148, 162-151, 162-152, 162- 153, 162-155 through 162-160, and 162-163.  State Agencies and agents of the Fulton County Society for the Prevention of Cruelty to Animals will enforce these sections.

 

4.4.7           The Director of the DTVH will maintain a list of all open equine-drawn carriage stands.

 

4.4.8           Fares are given at City Code Section 162-162

 

4.4.9           A table of fines is given at City Code Section 162-166.

 

4.5              Driver’s Permits

 

4.5.1           DTVH administrative staff will issue new vehicle-for-hire driver permits. 

 

1.    They will determine that every applicant is at least 18 years of age and has the following documentation:

 

a.    valid State of Georgia Driver’s license (must show residency for one year)

 

b.    proof of citizenship, which must be one of the following:  Birth Certificate (if a U.S. citizen), Certificate of Naturalization, Permanent Residence Document or Work Authorization Document;

 

c.    company card (Form APD 746) completed by the company and the CPNC holder the driver will be working for;

 

d.    completed fingerprint card (done each calendar year); 

 

e.    certified motor vehicle record (MVR) from the Georgia Department of Driver’s Services for the past seven  years.  If the applicant has not been a resident of Georgia, or has not been licensed, for the past seven years, the driver will submit corresponding documentation from the other state(s) of residence or for the number of years that the driver has been licensed.  The issue date must not be more than thirty days old;

 

f.     proof of a complete physical by a licensed medical physician.  The issue date must not be more than 30 days old.

 

2.    Customer Service Representatives and Police Office Assistants will ensure that the names, dates of birth and other identifying information on all documents match the applicant’s proof of citizenship document.  If the information does not match, the DTVH employee will advise the applicant of the discrepancy and instruct the applicant of the necessary steps to correct the discrepancy.

 

3.    If applicant’s documents are in compliance, the administrative staff will provide the applicant a “Background Consent” (Form APD 747) to complete. 

 

a.    If the applicant refuses to complete the “Background Consent” form, the administrative staff person will advise the applicant that a background check can not be accomplished without their consent and that no further actions can be taken at this time to issue them a permit.  The applicant will be advised that they can request to go before an administrative hearing panel for approval to continue the process without a background check.

 

b.    Background investigations are done by Customer Service Officers of the DTVH.  The investigation will consist of a criminal check that will be maintained in the DTVH driver’s file.

 

4.    Once a successful background check has been completed on an applicant in accordance with City Code Section 162-77, the applicant will be scheduled to take an English Proficiency Test.  After the applicant has passed the proficiency test, he or she will be scheduled to attend the Atlanta Ambassador Training course.

 

5.    All vehicle for hire drivers operating within the City of Atlanta will be required to undergo training in the Atlanta Ambassador program.  The training will be in addition to all other required training.  The ambassador program includes instruction on courtesy and professionalism, rules and regulations, history, geography and City attractions.

 

6.    Once the applicant has completed the Atlanta Ambassador Training course, he or she will be scheduled to take a final examination, administered by the DTVH.  The applicant must score at least 70% on the test.  The examination can be administered as a written or oral test.  If an applicant fails the test three times, he or she will not be eligible to retake the examination for a period of thirty days.  If an applicant is found cheating on the examination, they will be removed and not allowed to retest.

 

7.    If an applicant fails the background check or any required examination, or if an applicant provides false information on any document, the DTVH administrative staff will inform the applicant that no further action can be taken and must advise the applicant that he or she may request to go before an administrative hearing panel to grieve the DTVH decision to suspend them from the process.

 

4.5.2           DTVH administrative staff will issue renewed vehicle-for-hire driver permits. 

 

1.    An application for renewal will be made by the driver’s birthday.  An application for renewal will be accepted by the DTVH up to forty-five days prior to a driver’s birthday. 

 

2.    If the driver is seeking to renew their permit, the DTVH administrative staff will retrieve the company representative’s or driver’s files from the DTVH files.

 

3.    The driver will satisfy the requirements under City Code section 162-77.  Including, but not limited to:

 

a.    a background investigation including a completed fingerprint card and Background Consent Form (Form APD 747);

 

b.    a certified motor vehicle record (MVR) from the Georgia Department of Driver’s Services for the past three years.  The issue date must not be more than thirty days old.

 

4.5.3           Issuing Driver’s Permits

 

1.    The DTVH staff will collect a check or money order for the application fee.  A late fee determined by City Code Section 162-80 will be charged after the driver’s birthday.

 

2.    The DTVH administrative staff will issue a receipt to the driver for the amount paid and then log the transaction onto the “Account Receivable Report” (Form APD 749), and take a picture of the driver.  Drivers must have a photo taken annually.

 

3.    The DTVH administrative staff will record the payment receipt number and any updated driver or company information into the driver’s file and will enter the information into Police Central.

 

4.    If all conditions are met, the DTVH administrative staff will print out the driver’s permit and issue it to the driver.

 

4.6              Responsibility of the Driver

 

4.6.1           The requirements to maintain a driver’s permit are found in City Code 162-78.

 

4.6.2           Drivers of a vehicle for hire will turn in any personal property left by a passenger within 24 hours to the Division of Taxicabs and Vehicle for Hire.  If personal property is retrieved on a weekend or holiday, the property will be turned in to DTVH on the next day that the offices are open.  DTVH will place the found property with the City of Atlanta Police Property Control Unit by the end of the day the property is received.  (APD.SOP.6030 “Property and Evidence Control”)

 

4.6.3           Change of Affiliation 

 

1.    A driver may change his or her CPNC or company affiliation.  To change affiliation, the driver must present his or her permit to DTVH, and DTVH will replace it with a permit reflecting the change in CPNC or company affiliation.  The driver may not drive for the new CPNC holder or company until obtaining the revised permit.  A fee determined by City Code is charged for a change of affiliation.

 

2.    A driver may have his or her affiliation transferred from one company to another only once per calendar year.  Any time a driver has his or her company affiliation transferred, the company the driver is leaving will notify the Division of Taxicab and Vehicle for Hire in writing of the reason within three days of the change.  The notice will remain available for inspection by any company or by the public.  Companies will be cited for failing to provide notice of reason for transfer.

 

3.    For purposes of this subsection, “transfer” means a change of a driver’s company affiliation because of a violation of City code relating to the driver’s operation of a vehicle for hire.

 

       (City Code Sections 162-42 (m) and 162-81)

 

4.6.4           Drivers will give receipts upon request by passengers to show the following.  Drivers issuing incomplete receipts will be cited for violations of City Code Section 162-42 (o).

 

1.    the amount of fare paid;

 

2.    name of company, and contact information;

 

3.    the driver’s name;

 

4.    CPNC number;

 

5.    number of passengers;

 

6.    location of trip;

 

7.    origination and location of trip termination.

 

4.6.5           Vehicle for hire drivers found guilty of disorderly conduct, such as fighting, using profane and abusive language or displaying any acts of violence on a taxicab stand or when driving a cab will be subject to the penalties shown in City Code Section 162-42 (q).  See also the table of fines and discipline in City Code Section 162-43.

 

4.6.6           DTVH will suspend the permits of vehicle-for-hire drivers charged with vehicular homicide or found guilty of certain criminal offenses and prepare the necessary hearing panels.  (City Code Section 162-84 (c) and (g))

 

4.6.7           Drivers operating with any items covering their driver’s permit will be cited for improper display of driver’s permit. 

 

4.6.8           Drivers may request senior citizens to display state issued identification as proof of age to receive the senior citizen discount.  (City Code Section 162-118)

 

4.6.9           Drivers operating a cellular phone without a hands-free device will be cited accordingly and issued a correction slip.  (City Code Section 162-34 (c)(2)b)

 

4.7              Company Permits

 

4.7.1           The definition of a company, the requirements of a company, and the qualifications of an applicant are given in City Code Sections 162-96 through 162-98 and 162-165.  The company will apply using Form APD 758, which will be reviewed by the director and filed at the DTVH administrative office.

 

4.7.2           The criteria for maintaining a Company Permit (Form APD 746) are given in City Code Sections 162-99 and 162-100.

 

4.7.3           The procedure for renewing a company permit is given in City Code Section 162-102.

 

4.8              CPNC’s

 

4.8.1           No vehicle for hire will operate on the streets of Atlanta until its owner or lessee has obtained for such vehicle a valid Certificate of Public Necessity and Convenience (CPNC) and the company that the vehicle is affiliated with has obtained a business license from the City.  A business license will not be issued until the CPNC and company permit have been issued by the Division of Taxicabs and Vehicles for Hire.  (City Code Section 162-56)

 

4.8.2           Qualifications for a CPNC applicant are given in City Code Section 162-57.

 

4.8.3           A CPNC holder is required to maintain insurance in accordance with City Code Section 162-58.  The company will report to the DTVH quarterly and provide a list of vehicles currently insured.

 

4.8.4           A CPNC holder must notify DTVH in writing within ten days of

 

1.    A change of 50% or greater proprietary interest

 

2.    A change of address

 

4.8.5           Renewal of CPNC’s is controlled by City Code Section 162-61.1.

 

4.8.6           Transfer of CPNC’s is controlled by City Code Section 162-62.

 

4.8.7           If a vehicle for which a CPNC as been issued is replaced by another vehicle, no new CPNC application is required.  However, the CPNC holder will provide DTVH with the identifying information on the replacement vehicle within five days.  (City Code Section 162-59)

 

4.9              Preparation for Hearing

 

4.9.1           If a vehicle-for-hire driver or company representative requests to sign a waiver (Form APD 753) for violations of Atlanta City Code, Chapter 162, he or she voluntarily admits to the offense and agrees to any fine, suspension or revocation of their permit. 

 

4.9.2           DTVH employees will familiarize themselves with section 162-43 (Table of Violations) in order to assist vehicle for hire drivers and company representatives on determining waiver fees and accumulation of violations.

 

4.9.3           The DTVH administrative staff will advise the DTVH director of all cases to be presented to an administrative hearing panel.  The administrative staff will develop an agenda for each hearing panel and will include the following:

 

1.    the ordinance violation;

 

2.    name(s) of the violator;

 

3.    copy of the incident report and citation for each violator;

 

4.    copy of the incident record or printout; and

 

5.    name of the citing code enforcement officer, and if signed, a copy of any waiver

 

4.9.4           Each hearing panel member will be provided with a copy of an agenda, City ordinance, and a schedule of fines.  These documents will be enclosed in a loose leaf notebook.

 

4.10            Hearing Officers

 

4.10.1         In accordance with City Code Section 162-29, the Mayor appoints hearing officers for the purpose of acting as fact finders regarding charges brought by DTVH Enforcement Officers and others for violations of Atlanta City Code, Chapter 162.  The DTVH director designates the hearing officers to three-member panels.

 

4.10.2         The functions and authority of the hearing officers are given in City Code Section 162-29.

 

4.10.3         The DTVH director will schedule hearings and assign appropriate DTVH staff to attend the hearings and provide administrative support to the hearing officers.

 

4.11            Administrative Hearing Panels

 

4.11.1         After hearing evidence on the charges presented by the DTVH and the individual entity charged, the panel of hearing officers will issue findings of fact and will render a recommendation as to any penalties or fines in writing with reasons for the recommendation.  The findings and recommendations will be submitted to the Chief of Police, whose decision will be final, subject to the writ of certiorari as provided by law.  (City Code Section 162-29 (c))

 

4.11.2         Vehicle for hire companies, CPNC holders, and drivers may be charged for the same offense or violation, and the hearing panel will determine responsibilities for violations. 

 

4.11.3         Drivers, companies and CPNC holders may acknowledge their violations before a hearing panel if they so desire.  Vehicle for hire companies, CPNC holders, or drivers may waive their right to appear before a hearing panel by completing a Waiver of Right to Hearing Form (Form APD 753).  (City Code Section 162-30 (c))

 

4.11.4         Although an enforcement officer’s testimony is not required, the panel may want to review the circumstances of the violation and therefore requires enforcement officers to be present.

 

4.12            Citations, Revocations or Suspensions

 

4.12.1         The Chief of Police will make the final determination on all denials, suspensions, revocations or other matters after receiving the hearing panel’s recommendations.  No extensions will be given after the Chief of Police’s final decision.

 

4.12.2         CPNC:  After a finding of due cause, the Chief of Police has the authority to revoke or suspend any CPNC for a vehicle issued by the City (City Code Section 162-63).  Due cause for the revocation or suspension of a CPNC will include but not be limited to the following:

 

1.    the failure of the CPNC holder to maintain any and all of the general qualifications applicable to the initial issuance of the CPNC as set forth in City Code Sections 162-57 and 58.

 

2.    obtaining a CPNC by providing false information.

 

3.    violation of any section of Atlanta City Code, Chapter 162, Article II (Animal-Drawn Vehicles and Taxicabs).

 

4.    If the holder of the CPNC has knowledge or in the exercise of reasonable care should have had knowledge of the violation by a driver who is affiliated with the CPNC holder of any of the following offenses:

 

a.    driving under the influence of intoxicating beverage or drugs.

 

b.    criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation, possession and/or sale or distribution of narcotics, etc. if such violation is related to the operation of a vehicle for hire.

 

5.    failure to operate the vehicle for which the CPNC has been issued as a vehicle for hire six months out of any given one-year period.

 

4.12.3         Driver’s permit:  Upon the finding of due cause, the Chief of Police has the authority to revoke or suspend any driver’s permit issued by the City (Section 162-84).  Due cause for the revocation or suspension of a driver’s permit will include but not be limited to the following:

 

1.    the failure of the driver to maintain the qualifications required by Atlanta City Code, Chapter

162, Article II.

 

2.    obtaining a permit by providing false information.

 

3.    violation by a driver of any of the following offenses or violation or conviction of any City ordinance governing the conduct of vehicle for hire.

 

a.    driving under the influence of intoxicating beverage or drugs; driving with a suspended license; or have been declared a habitual violator.

 

b.    criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation, possession and/or sale or distribution of narcotics, etc., any felony in the commission of which a motor vehicle was used, or any law involving violence or theft.

 

c.    violation of any section of Atlanta City Code, Chapter 162, Article II or Chapter 22, Article III, Division 7.

 

4.    providing false information to DTVH.

 

5.    charging a fare in excess of those fares set out in section 162-118 or 162-133.

 

6.    whenever there is an appearance that a driver has a disorder characterized by lapses of consciousness, or other mental or physical disabilities affecting the driver’s ability to drive safely.

 

7.    eight or more moving violations in any 18-month period.

 

8.    being found a ‘habitual violator’ per City Code Section 162-77 (9).

 

4.12.4         Company permit:  Upon the finding of due cause, the Chief of Police has the authority to revoke or suspend any company permit issued by the City (Section 162-104).  Due cause for the revocation or suspension of a company permit will include but not be limited to the following

 

1.    the failure of the company to maintain any and all of the general qualifications applicable to the initial issuance of the company permit.

 

2.    obtaining a company permit by providing false information.

 

3.    conviction by a court of competent jurisdiction of any shareholder, partner or member of any corporation, partnership, firm or association holding 51 percent interest or more in the entity of any violation of  Atlanta City Code, Chapter 162, Article II (Animal-Drawn Vehicles and Taxicabs).

 

4.    conviction by a court of competent jurisdiction of any shareholder, partner or member of any corporation, partnership, firm or association holding a 51 percent interest or more in the entity of any of the following :

 

a.    criminal homicide;

 

b.    rape;

 

c.    aggravated battery

 

d.    mayhem;

 

e.    burglary;

 

f.     aggravated assault;

 

g.    kidnapping;

 

h.    robbery;

 

i.     child molestation;

 

j.     possession, sale or distribution of narcotics.

 

4.12.5         The Chief of Police will review all hearing panel’s recommendations for fines, suspension or revocations and will advise the director of DTVH of his or her decision.  The director of the DTVH will prepare administrative actions and advise vehicle for hire drivers, companies or CPNC holders of the Chief’s decision.

 

4.12.6         If a vehicle for hire driver, company or CPNC holder disagrees with the Chief’s decision, he or she may challenge the decision through the Fulton County Superior Court.

 

5.               DEFINITIONS

 

5.1              Administrative Staff:  Customer Service Representatives and other employees assigned by the Director to work in the administrative offices of the DTVH.

 

5.2              Carriage:  Any vehicle for hire designed to be drawn by horse(s) and to carry passengers only.

 

5.3              CPNC:  Certificate of Public Necessity and Convenience is a license permitting a person to operate one vehicle for hire upon the streets of Atlanta.

 

5.4              Company:  Any person, association, corporation or other organization operating or intending to engage in the business of operating vehicles for hire.

 

5.5              Company Permit:  A written authority granted by the DTVH to companies that qualify to engage in the business of operating vehicles for hire.  (Form APD 746)

 

5.6              Director:  The Director for the Division of Taxicabs and Vehicles for Hire.

 

5.7              Division of Taxicabs and Vehicle for Hire:  A division within the Atlanta Police Department formerly known as the Bureau of Taxicabs and Vehicles for Hire that regulates vehicles for hire and animal-drawn carriages within the City of Atlanta.

 

5.8              Driver:  Any person permitted by the DTVH to drive a vehicle for hire.

 

5.9              Drivers Permit:  A written authority granted by the DTVH to persons who qualify to drive vehicles for hire.

 

5.10            Enforcement Officers:  Taxicabs and vehicle for hire inspectors, Atlanta Police Officers, agents of the Fulton County Society for the Prevention of Cruelty to Animals appointed as special deputy sheriffs that enforce Atlanta City Code, Chapter 162, Article II on Animal-Drawn Vehicles and Taxicabs.

 

5.11            Non-waivable violations:  See City Code Section 162-43 for violations that require appearance before the hearing panel.

 

5.12            Sedan:  All vehicles rendering sedan service are subject to the same criteria as taxicabs.  (City Code Section 162-34 (k))

 

5.13            Taxicab:  A motor vehicle used as a public conveyance, subject to Atlanta City Code, section

                  162, Article II, Animal-Drawn Vehicles and Taxicabs

 

5.14            Taximeter:  An instrument or device attached to a vehicle and designed to measure mechanically or electronically the distance traveled by such vehicle, to record the times the vehicle travels or is in waiting and to indicate the fare to be charged.

 

5.15            Vehicle for Hire:  Any motor vehicle, animal-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire.

 

6.               CANCELLATIONS

 

                  APD.SOP.3210 Division of Taxicabs and Vehicles for Hire, dated May 1, 2008.

 

7.               REFERENCES

 

                  Atlanta City Code, Chapter 162, Article II, “Animal-Drawn Vehicles and Taxicabs”

                  Atlanta City Code, Chapter 22, Article III, Division 7, “Ground Transportation Services”

                  Atlanta City Code, Section 98-1 “Code Enforcement Agents”

 

                  APD.SOP.2210 “Code Enforcement Agents”

                  APD.SOP.3060 “Reports and Report Writing”

                  APD.SOP.6030 “Property and Evidence Control”