Title
AN ORDINANCE relating to taxis, for-hire vehicles and drivers; amending Ordinance 10498, Section 1, as amended, and K.C.C. 6.64.010, Section 5, as amended, and K.C.C. 6.64.015, Ordinance 10498, Section 11, and K.C.C. 6.64.310, Ordinance 10498, Section 13, and K.C.C. 6.64.330, Ordinance 10498, Section 16, and K.C.C. 6.64.360, Ordinance 10498, Section 17, and K.C.C. 6.64.370, Ordinance 10498, Section 21, and K.C.C. 6.64.410, Ordinance 10498, Section 22, as amended, and K.C.C. 6.64.420, Ordinance 10498, Section 22, as amended, and K.C.C. 6.64.420, Ordinance 10498, Section 23, and K.C.C. 6.64.430, Ordinance 10498, Section 24, as amended, and K.C.C. 6.64.440, Ordinance 10498, Section 24, as amended, and K.C.C. 6.64.440, Ordinance 10498, Section 27, and K.C.C. 6.64.500, Ordinance 10498, Section 28, and K.C.C. 6.64.510, Ordinance 10498, Section 29, as amended, and K.C.C. 6.64.520, Ordinance 10498, Section 30, and K.C.C. 6.64.530, Ordinance 10498, Section 35, as amended, and K.C.C. 6.64.580, Ordinance 10498, Section 37, as amended, and K.C.C. 6.64.600, Ordinance 10498, Section 38, and K.C.C. 6.64.610, Ordinance 10498, Section 47 through 60, as amended, and K.C.C. 6.64.660, Ordinance 10498, Sections 61 through 68, and K.C.C. 6.64.670, Ordinance 10498, Sections 69 through 79, as amended, and K.C.C. 6.64.680, Ordinance 10498, Section 91, and K.C.C. 6.64.720, Ordinance 10498, Section 93, and K.C.C. 6.64.740 and Ordinance 10498, Section 102, and K.C.C. 6.64.920 and adding a new section to K.C.C. chapter 6.64.
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BE IT ORDAINED BY THE COUNTY COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 10498, Section 1, as amended, and K.C.C. 6.64.010 are each hereby amended to read as follows:
For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply:
A. "Affiliated representative" means the individual within the service organization who has the authority to file special rates and contract agreement rates and charges for a group of affiliated taxicabs, and who is designated as the individual responsible for the receipt of any correspondence or notices pertaining to the service organization or the taxicabs or for-hire vehicles operating within the service organization.
B. "Affiliated taxicab" means a taxicab associated with a service organization.
C. "Alcohol" means a mixture containing no less than eighty-five percent methanol, ethanol or other alcohols, in any combination, by volume.
D. "Alternative fuel" means a means for propulsion by other than gasoline or diesel fuel. "Alternative fuel" includes:
1. Alcohol;
2. Duel energy;
3. Electricity;
4. Natural gas;
5. Propane; and
6. Human power.
E. "Approved mechanic facility" means a garage or repair facility that employs mechanics:
1. Who have successfully passed the examinations of, and met the experience requirements prescribed by, the National Institute for Automotive Service Excellence;
2. Who have been awarded certificates in evidence of competence satisfactory to the director;
3. Who are authorized emission specialists certified by the Washington Department of Ecology;
4. None of whom are the owner, lessee or driver of a taxicab or for-hire vehicle or the employee of a taxicab or for-hire vehicle company; and
5. None of whom have a financial interest in a taxicab or for-hire vehicle or taxicab or for-hire vehicle company.
F. "Contract agreement rate" means the rate specified in a written agreement signed by both parties in advance of the dispatch of a taxicab or for-hire vehicle for the services identified in the contract.
G. "Director" means the director of the King County department of executive services and his or her duly appointed representatives.
H. "Dual energy" means capable of being operated using an alternative fuel and gasoline or diesel fuel.
I. "Engage in the business of operating a taxicab or vehicle for hire" means the pickup and transportation of any fare paying passenger from a point within the geographical confines of unincorporated King County, whether or not the vehicle is dispatched from a taxicab stand or office within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of unincorporated King County. However, nothing in this chapter shall be construed to apply to taxicabs or for-hire vehicles licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within unincorporated King County.
J. "For-hire driver" means any person in control of, operating or driving a taxicab or for-hire vehicle and includes a lease driver, owner-operator or driver of taxicabs or for-hire vehicles as an employee.
K. "For-hire vehicle" means and includes every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed and definite route, except:
1. Taxicabs;
2. Passenger vehicles carrying passengers on a noncommercial enterprise basis;
3. Vehicles or operators expressly exempt by the RCW from county regulation;
4. Operators of charter boats.
L. "For-hire vehicle owner" means the registered owner of the vehicle as defined by RCW 46.04.460 as now of hereafter amended.
M. "He" means and includes in all references either he or she.
((M.)) N. "His" means and includes in all references either his or her.
((N.)) O. "Independent taxicab" means a taxicab that is not affiliated with a service organization.
((O.)) P. "Lease driver" or "Lessee" means a for-hire driver who is an independent contractor or sole proprietor and who has a taxicab for-hire vehicle lease contract or other form of agreement with a taxicab or for-hire vehicle owner or service organization.
((P.)) Q. "Lessor" means an owner of a taxicab or for-hire vehicle who leases, by contract or other form of agreement, to a lease driver.
((Q.)) R. "Licensee" means all applicants, including for-hire drivers, vehicle owners and service organizations including the affiliated representative required to license under this chapter.
((R.)) S. "Motor vehicle" means every motorized vehicle by or upon which any person may be transported or carried upon a public street, highway or alley, though vehicles used exclusively upon stationary rail tracks or propelled by use of overhead electric wires shall not come under this chapter.
((S.)) T. "Service organization" means a group of taxicabs owned or operated by the same or various owners and using the same color scheme, trade name and dispatch services, and having an affiliated representative.
((T.)) U. "Special rate" means discounted rates for senior citizens and disabled.
V. "Summary suspension" means where conditions exist that are deemed hazardous to life and property, the public official in charge is authorized to immediately stop such hazardous conditions that are in violation of this rule, up to and including suspending the vehicle license.
((U.)) W. "Taxicab" means every motor vehicle used for the transportation of passengers for hire, where the route traveled or destination is controlled by a customer and the fare is based on an amount recorded and indicated on a taximeter or on a special fare rate or contracted agreement as permitted by this chapter.
((V.)) X. "Taxicab vehicle owner" means the registered owner of the vehicle as defined in RCW 46.04.460, as now or hereafter amended.
((W.)) Y. "Taximeter" means any instrument or device by which the charge for hire of a passenger-carrying vehicle is measured or calculated either for the distance traveled by the vehicle or for waiting time, or for both, and upon which the calculated charges shall be indicated by means of figures.
((X.)) Z. "Wheelchair accessible taxicab" means a taxicab designed or modified to transport passengers in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act and inspected and approved by the director or the director's designee
SECTION 2. Ordinance 10498, Section 1, as amended, and K.C.C. 6.64.015 are each hereby amended to read as follows:
((A.)) The executive may execute an interlocal agreement with either the ((C))city of Seattle ((and/))or the Port of Seattle, or both, for the purposes of coordinating and consolidating for-hire driver, taxicab and for-hire vehicle licensing, administration and enforcement, reducing duplication of licensing functions, and a sharing of license fees as agreed to by the city and county. The agreement may authorize the city to accept and investigate applications for and issue taxicab and for-hire vehicle licenses and license renewals on behalf of the county, ((provided that)) but only if the city uses the requirements of this chapter for taxicab and for-hire vehicle licenses. The agreement may authorize the county to accept and investigate applications for and issue for-hire driver licenses and license renewals and/or taxicab vehicle licenses and license renewals on behalf of the city, ((provided that)) but only if the city agrees to the requirements of this chapter for driver licenses and/or taxicab licenses.
((B. The executive is directed to begin negotiating an interlocal agreement with the City of Seattle and with the Port of Seattle to accomplish the objectives stated in K.C.C. 6.64.015A. The executive shall report to the Council no later than April 1, 1994 on the status of negotiating an interlocal agreement with the City of Seattle and the Port of Seattle regarding regional taxicab and for-hire vehicle regulation.))
SECTION 3. Ordinance 10498, Section 11, and K.C.C. 6.64.310 are each hereby amended to read as follows:
An application shall be filed by the registered owner of the vehicle to be used as a taxicab or for-hire vehicle on forms provided by the director. The application shall be signed and sworn to by the applicant and shall include:
A. The full name of the applicant, date of birth, social security number, business address, home address, phone number, and any other applicant information as may be reasonably required;
B. If the applicant is a corporation, the corporation name, corporation's business address and telephone number, full names, titles, dates of birth, social security numbers, home addresses and phone numbers of each officer, and the name, address, date of birth, and phone number of the registered agent of the corporation, state of Washington business license number and any other corporation information as may be reasonably required;
C. Vehicle information including the name and number the taxicab or for-hire vehicle will be operating under, the make, model, year, vehicle identification number, Washington ((S))state license number((,)) and any other vehicle information as may be reasonably required;
D. Whether or not the applicant(((s))) or applicants have ever had a license suspended, revoked or denied and for what reason;
E. Criminal history information of the applicant, or if a corporation, each officer and registered agent.
SECTION 4. Ordinance 10498, Section 13, and K.C.C. 6.64.330 are each hereby amended to read as follows:
No person((,)) or, if the applicant is a corporation, no officer or registered agent, shall be issued a taxicab or for-hire vehicle license unless the following minimum applicant qualifications are met:
A. Must be eighteen years of age or older;
B. Must present documentation, as required by the United States Department of ((Justice)) Homeland Security's Citizenship and Immigration ((and Naturalization)) Services Agency, that the applicant is authorized to work and/or own a business in the United States.
SECTION 5. Ordinance 10498, Section 16, and K.C.C. 6.64.360 are each hereby amended to read as follows:
A. The inspection for a certificate of safety required in K.C.C. 6.64.320 shall be performed by an approved mechanic facility as defined in this chapter. Such an inspection shall ensure the mechanical and structural integrity of the vehicle and shall include:
((A.)) 1. Adequate braking system including emergency or auxiliary as per the manufacturer's allowable tolerance;
((B.)) 2. Adequate suspension system to prevent excessive motion when the vehicle is in operation;
((C.)) 3. Adequate steering system as per the manufacturer's allowable tolerance;
((D.)) 4. Exhaust system that is free of leaks, defects, or tampering and that meets State of Washington motor vehicle emissions standards;
((E.)) 5. No fluid leaks, including but not limited to motor oil, antifreeze, transmission fluid, and brake fluid;
((F.)) 6. Air conditioning system free of CFC leaks, if the vehicle has such a system;
((G.)) 7. No excessive noise;
((H.)) 8. Mechanically sound;
((I.)) 9. Front end aligned; and
10 Other safety standards as may be required for vehicle safe operation as prescribed by the director.
B. The taxicab or for-hire vehicle owner or the service organization shall keep all maintenance and service records for all of their taxicabs and for-hire vehicles.
C. The taxicab or for-hire vehicle owner or the service organization shall insure that each taxicab or for-hire vehicle shall be inspected and obtain a certificate of safety before it is placed into service and thereafter semiannually.
SECTION 6. Ordinance 10498, Section 17, and K.C.C. 6.64.370 are each hereby amended to read as follows:
A. No taxicab or for-hire vehicle shall be operated unless it meets the minimum vehicle standards as prescribed in this section. Each taxicab or for-hire vehicle shall be inspected by the director before it is placed into service and thereafter semi-annually. No taxicab or for-hire vehicle shall be operated without having passed inspection within the last six months. The inspection required by this section and the vehicle operating standards shall include the following:
((A.)) 1. Current taxicab vehicle plate or for-hire vehicle decal displayed as prescribed by the director; (Class I)
((B.)) 2. Rate posting, numbers and letters displayed as prescribed by the director; (Class I)
((C.)) 3. Color scheme, decals and insignias as approved by the director; (Class I)
((D.)) 4. Windshield wiping blades, switch and defroster, all fully operational; (Class I)
((E.)) 5. Mirrors, one that is rear view and two that are side view (((2))) one left and one right, that are adjustable((,)) and free of cracks or defects; (Class I)
((F.)) 6. The taxicab or for-hire vehicle must be equipped with four doors, and all door latches shall be operable from both the interior and exterior of the vehicle. No devices are allowed on the vehicle that could restrict the ability of a passenger from readily exiting the vehicle in an emergency; (Class I)
((G.)) 7. The windshield shall be without cracks, chips or defects that could interfere with the driver's vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a clean condition so as not to obstruct visibility; (Class I)
((H.)) 8. Adequate emergency braking system; (Class I)
((I.)) 9. Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, back-up lights, license plate lights, emergency flashers, and interior lights shall all be operable and properly covered with factory equivalent lenses; (Class I)
((J.)) 10. Tires, including spare, shall be properly inflated, and have a minimum tread depth of 2/32 inches as determined by gauge, on all surfaces contacting the road, and free of visible defects; (Class I)
((K.)) 11. No loose items on the taxicab or for-hire vehicle dashboard or rear shelf; (Class I)
((L.)) 12. Horn fully operational; (Class I)
((M.)) 13. Interior panels free of rips or tears, interior lights, dashboard instruments and lights operating properly; (Class I)
((N.)) 14. Floor covering on all floor areas, no metal showing, and no torn or ripped floor mats; (Class I)
((O.)) 15. Upholstered area and headliner to have no rips, torn seams, holes, or burns; (Class I)
((P.)) 16. Seats shall be unbroken, fastened securely, and have no exposed springs, wires, or framework; (Class I)
((Q.)) 17. Seat belts shall be functional and readily available for passenger use; (Class I)
((R.)) 18. Pedals shall have rubber pads with no metal showing; (Class I)
((S.)) 19. The trunk or luggage area must be covered either with a factory covering or a floor carpet. This covering or carpet shall be maintained in a clean condition, free of foreign matter, offensive odors, and litter. The trunk or luggage area shall contain only the following items:
((1. A)) a. a spare tire (inflated);
((2.)) b. ((T))those tools or accessories necessary for the safe operation of the taxicab or for-hire vehicle;
((3.)) c. ((T))those items necessary for vehicle cleaning and passenger safety and/or convenience;
((4. A)) d. a serviceable tire jack; and
e. a child car seat((.)); (Class I)
((T.)) 20. Bumpers and body molding must be in good condition and properly attached as the manufacturer intended; (Class I)
((U.)) 21. General body is to be free of noticeable dents, rust or holes which would impair the appearance or serviceability of the vehicle. A violation of this section is deemed to have occurred any time one or more of the following exists:
((1. There are any visible dents which exceed three (3) square feet in any single area of the exterior surface of the taxicab or for-hire vehicle, provided, that the deepest point of depression is three-quarters of an inch deep or greater, or;
2. There are any visible dents which exceed four square feet of the total exterior surface of the taxicab or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater, or;
3. There are any visible dents which exceed six lineal feet of the total exterior surface of the taxicab or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater, or;
4. There are any areas of the exterior surface of the taxicab or for-hire vehicle that contain a hole larger than six square inches, or;
5. There is a visible dent which exceeds twelve inches square, provided that the deepest point of depression is more than two inches. (Class I))) a. a body defect six linear inches or greater and where the deepest point of depression is one-quarter inch or greater;
b. a body defect three inches in width or greater and three inches in height or greater and where the deepest point of depression is one-quarter inch or greater;
c. a defect that is one-half inch at the deepest point of depression regardless of width or height;
d. exterior paint that is not uniform in color, does not completely cover the vehicle, or is not in compliance with approved color scheme; or
e. any area of the exterior surface that contain a hole which is one-half inch or greater; (Class I)
((V.)) 22. Wheels and rims straight and aligned properly. Wheels must have hubcaps or covers. Rims are to be of uniform color; (Class I)
((W.)) 23. Two-way radio dispatch or telephone operational; (Class I)
((X.)) 24. Meter sealed and functioning per ordinance requirements; (Class I)
((Y.)) 25. Functional heater, defroster, and fan; (Class I)
((Z.)) 26. Consumer information board included as prescribed by the director; (Class I)
((AA.)) 27. Decals, posters, or any other material shall not be placed on the windows or windshield so as to obscure the driver's or passenger's view; (Class I)
((BB.)) 29. A toplight that is activated by the use of the meter, size of the toplight and activation as prescribed by the director; (Class I)
((CC.)) 30.Trade name and vehicle number marking as prescribed by the director; and
31. Other reasonable requirements as may be determined by the director.
B. All equipment must operate properly and all damage must be repaired. Replacement equipment shall meet manufacture's original specifications.
C. Taxicabs and for-hire vehicles shall be maintained following the service standards recommended by the vehicle manufacturer.
D. Maintenance and service records for all taxicabs and for-hire vehicles must be maintained by the vehicle owner for three years. The records shall be available for inspection by the director without notice during normal business hours.
E. A vehicle that has been in a collision and determined by the insurance adjuster to be total wreck or total loss shall not be repaired and placed back in service as a taxicab or for-hire vehicle until an approved mechanic facility with a current certification in structural analysis and damage repair has verified that there is no damage to the vehicle frame.
F. Each taxicab or for-hire vehicle owner shall ensure that the safety standards, conditions and requirements in this section are met and continually maintained.
G. Violations of this section that are determined by either a King County or a Seattle inspector to present a clear, substantial and imminent hazard to life, safety or property may result in a summary suspension of the vehicle license.
SECTION 7. Ordinance 10498, Section 21, and K.C.C. 6.64.410 are each hereby amended to read as follows:
Each taxicab or for-hire vehicle shall be equipped with a consumer information board, the size, material((,)) and placement ((to)) shall be prescribed by the director. ((Such)) The board shall include, at a minimum, the taxicab or for-hire vehicle name and number, the driver's for-hire driver's license number, the taxi hotline number and consumer survey and complaint cards.
SECTION 8. Ordinance 10498, Section 22, as amended, and K.C.C. 6.64.420 are each hereby amended to read as follows:
It is the responsibility of each taxicab or for-hire vehicle licensee to ensure that the following conditions or requirements are met and continually maintained:
A. Proof of insurance as required in K.C.C. 6.64.350 is on file with the director (Class M);
B. Any person driving, operating, in control of or any lessee of the taxicab or for-hire vehicle has been issued a for-hire driver's license and the license is valid (Class M);
C. The taxicab or for-hire vehicle meets the safety standards in K.C.C. 6.64.360 at all times the vehicle is operating (Class I or M);
D. The taxicab or for-hire vehicle meets the vehicle standards ((as set forth)) in K.C.C. 6.64.370 at all times the vehicle is operating (Class I or M);
E. The taxicab or for-hire vehicle owner shall maintain a business address and a mailing address where ((he)) the owner can accept mail, and a business telephone in working order that can be answered during normal business hours, Monday through Friday, and during all hours of operation (Class I); ((and))
F. A wheelchair accessible taxicab licensee must personally operate the vehicle a minimum of forty hours per week for at least forty weeks per year (Class I); and
G. A for-hire driver shall have a valid King County taxicab or for-hire vehicle license to operate a taxicab or for-hire vehicle in the county (Class I or M).
SECTION 9. Section 10 of this ordinance takes effect November 1, 2013.
SECTION 10. Ordinance 10498, Section 22, as amended, and K.C.C. 6.64.420 are each hereby amended to read as follows:
It is the responsibility of each taxicab or for-hire vehicle licensee to ensure that the following conditions or requirements are met and continually maintained:
A. Proof of insurance as required in K.C.C. 6.64.350 is on file with the director (Class M);
B. Any person driving, operating, in control of or any lessee of the taxicab or for-hire vehicle has been issued a for-hire driver's license and the license is valid (Class M);
C. The taxicab or for-hire vehicle meets the safety standards in K.C.C. 6.64.360 at all times the vehicle is operating (Class I or M);
D. The taxicab or for-hire vehicle meets the vehicle standards ((as set forth)) in K.C.C. 6.64.370 at all times the vehicle is operating (Class I or M);
E. The taxicab or for-hire vehicle owner shall maintain a business address and a mailing address where the owner can accept mail, and a business telephone in working order that can be answered during normal business hours, Monday through Friday, and during all hours of operation (Class I);
F. A wheelchair accessible taxicab licensee must personally operate the vehicle a minimum of ((forty)) thirty hours per week for at least forty weeks per year (Class I); and
G. A for-hire driver shall have a valid King County taxicab or for-hire vehicle license to operate a taxicab or for-hire vehicle in the county (Class I or M).
SECTION 11. Ordinance 10498, Section 23, and K.C.C. 6.64.430 are each hereby amended to read as follows:
A. The director shall deny any taxicab or for-hire vehicle owner license application if ((he)) the director determines that the applicant, or if a corporation, any of the officers or registered agent:
1. Has made any material misstatement in the application for a license;
2. Fails to meet any of the applicant or vehicle requirements of a taxicab or for-hire vehicle owner licensee; or
3. Has had a criminal conviction, a bail forfeiture or ((conviction )) other adverse finding for crimes pertaining to alcohol or controlled substances within five years of the date of application where such crime involved the use of a taxicab.
B. The director may deny any taxicab or for-hire vehicle owner license application if ((he)) the director determines that the applicant:
1. Has had a criminal conviction, a bail forfeiture or ((conviction)) other adverse finding involving crimes reasonably related to the applicant's ability to operate a taxicab or for-hire business, including but not limited to prostitution, gambling, fraud, larceny, extortion((,)) or income tax evasion, ((provided that)) but only if such a criminal conviction, bail forfeiture ((or conviction)) or other adverse finding was within five years of the date of application;
2. Has been found, either through a criminal conviction, bail forfeiture or other adverse finding, including in a civil suit or administrative proceeding, or it has been proven by a preponderance of the evidence regardless of whether the same act was charged as a civil infraction or a crime, to have exhibited past conduct in driving or operating a taxicab or for-hire vehicle or operating a taxicab or for-hire business ((which)) that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to vehicle requirements and the safe operation of the vehicle; or
3. Engaged in the business of operating any taxicab or for-hire vehicle for which a license is required while unlicensed or while such license was suspended or revoked.
SECTION 12. Ordinance 10498, Section 24, as amended, and K.C.C. 6.64.440 are each hereby amended to read as follows:
A. A taxicab or for-hire vehicle owner's license shall be immediately suspended if:
1. At any time the insurance as required in K.C.C. 6.64.350 expires, lapses, is cancelled or is revoked;
2. The taximeter security seal is missing, broken or tampered with;
3. The director places the vehicle out-of-service for a violation of a vehicle standard ((which)) that is found to be an immediate safety hazard and summary suspension is necessary to prevent a clear, substantial and imminent hazard to life, safety((,)) or property;
4. The vehicle owner fails to comply with a written notice of violation or notice of correction within the prescribed time; or
5. It is discovered after license issuance that the applicant or if the applicant is a corporation, any of the officers or registered agent, failed to meet the applicant qualifications or that the vehicle failed to meet the vehicle qualifications at the time the license was issued.
B. The director may suspend or revoke a taxicab or for-hire vehicle owner's license if ((he)) the director determines that the licensee has:
1. Received ((conviction or)) a criminal conviction, a bail forfeiture or other adverse finding for a crime that would be grounds for denial as set forth in K.C.C. 6.64.430;
2. Been found to have exhibited a record that would lead the director to reasonably conclude that the taxicab or for-hire vehicle owner licensee would not comply with the provisions of the chapter related to vehicle standards or operating requirements;
3. Allowed the operation of a taxicab or for-hire vehicle that does not meet the safety standards and the vehicle standards as set forth in this chapter;
4. Submitted a safety inspection form that was not completed by an approved mechanic facility as defined in this chapter;
5. Provided false information in connection with the annual industry reporting required in this chapter; or
6. If licensed as a wheelchair accessible taxicab;
a. failed to personally operate the vehicle for a minimum of forty hours per week for at least forty weeks per year;
b. failed to provide priority service to private pay passengers in wheelchairs or other mobility devices; or
c. failed to comply with any of the requirements in the wheelchair accessible taxicab demonstration project operating agreement.
SECTION 13. Section 14 of this ordinance takes effect November 1, 2013.
SECTION 14. Ordinance 10498, Section 24, as amended, and K.C.C. 6.64.440 are each hereby amended to read as follows:
A. A taxicab or for-hire vehicle owner's license shall be immediately suspended if:
1. At any time the insurance as required in K.C.C. 6.64.350 expires, lapses, is cancelled or is revoked;
2. The taximeter security seal is missing, broken or tampered with;
3. The director places the vehicle out-of-service for a violation of a vehicle standard that is found to be an immediate safety hazard and summary suspension is necessary to prevent a clear, substantial and imminent hazard to life, safety((,)) or property;
4. The vehicle owner fails to comply with a written notice of violation or notice of correction within the prescribed time; or
5. It is discovered after license issuance that the applicant or if the applicant is a corporation, any of the officers or registered agent, failed to meet the applicant qualifications or that the vehicle failed to meet the vehicle qualifications at the time the license was issued.
B. The director may suspend or revoke a taxicab or for-hire vehicle owner's license if the director determines that the licensee has:
1. Received a criminal conviction, a bail forfeiture or other adverse finding for a crime that would be grounds for denial as set forth in K.C.C. 6.64.430;
2. Been found to have exhibited a record that would lead the director to reasonably conclude that the taxicab or for-hire vehicle owner licensee would not comply with the provisions of the chapter related to vehicle standards or operating requirements;
3. Allowed the operation of a taxicab or for-hire vehicle that does not meet the safety standards and the vehicle standards as set forth in this chapter;
4. Submitted a safety inspection form that was not completed by an approved mechanic facility as defined in this chapter;
5. Provided false information in connection with the annual industry reporting required in this chapter; or
6. If licensed as a wheelchair accessible taxicab;
a. failed to personally operate the vehicle for a minimum of ((forty)) thirty hours per week for at least forty weeks per year;
b. failed to provide priority service to private pay passengers in wheelchairs or other mobility devices; or
c. failed to comply with any of the requirements in the wheelchair accessible taxicab demonstration project operating agreement.
SECTION 15. Ordinance 10498, Section 27, and K.C.C. 6.64.500 are each hereby amended to read as follows:
It is unlawful for any person to drive, be in control of, or operate a taxicab or for-hire vehicle in the unincorporated areas of King County without first having obtained a valid for-hire driver's license. (Class M)
SECTION 16. Ordinance 10498, Section 28, and K.C.C. 6.64.510 are each hereby amended to read as follows:
The applicant shall file an application on a form furnished by the director, which shall be signed and sworn to by the applicant and shall include ((: N))name, height, weight, color of hair and eyes, residence address, place and date of birth, social security number, Washington ((S))state driver's license number, aliases, criminal history information, whether or not the applicant has ever had a license suspended, revoked((,)) or denied and for what cause, medical certificate as required in K.C.C. 6.64.560 and such other information as may be reasonably required.
SECTION 17. Ordinance 10498, Section 29, as amended, and K.C.C. 6.64.520 are each hereby amended to read as follows:
All applicants for a for-hire driver's license shall be referred ((to the King County department of public safety)) for fingerprinting, and all applications shall be referred for a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check under RCW 36.01.300 to regulate the issuance of licenses of those engaged in the taxicab and for-hire occupations and activities. Information relating to the applicants' criminal history, including nonconviction data, shall be forwarded to the ((business license section)) records and licensing services division for review.
SECTION 18. Ordinance 10498, Section 30, and K.C.C. 6.64.530 are each hereby amended to read as follows:
No person shall be issued a for-hire driver's license unless ((he)) the person possesses the minimum following qualifications as further defined in this chapter((;)):
A. Must be twenty-one years of age or older;
B. Must possess a valid ((S))state of Washington driver's license;
C. Must submit a physician's certification certifying ((his)) the person's fitness as a for-hire driver upon initial application and every three years thereafter;
D. Must submit a letter from the taxicab vehicle owner ((which)) that has been approved by the service organization, if applicable, ((which)) that indicates which taxicab(((s))) or taxicabs the applicant is authorized to operate;
E. Must have completed a training program offered or approved by the director;
F. Must successfully complete a written exam as further defined in this chapter;
G. Must present documentation, as required by the United States Department of ((Justice)) Homeland Security's Citizenship and Immigration ((and Naturalization)) Services Agency, that the applicant is authorized to work in the United States.
SECTION 19. Ordinance 10498, Section 35, as amended, and K.C.C. 6.64.580 are each hereby amended to read as follows:
A. An applicant for an initial for-hire license shall be required to successfully complete a written and oral examination. Existing for-hire driver licensees who have not completed the written oral examination are required to do so at the time the for-hire license is renewed.
B. The written examination shall test the applicant's knowledge of the chapter requirements dealing with fare determination, driver-passenger relations, conduct including the applicant's ability to understand oral and written directions in the English language, vehicle safety requirements and driver regulations, risk factors for crimes against for-hire drivers, emergency procedures and taxicab equipment for driver's personal safety. The written examination shall also test the applicant's geographical knowledge of King County and surrounding areas and local public and tourist destinations and attractions. The director shall prescribe the content of the examination.
C. The oral examination shall test the applicant's ability to speak and understand English sufficiently to perform the responsibilities of a for-hire driver. A certified diploma from an accredited secondary or post-secondary institution located in the United States or a country where English is the primary language spoken may waive the oral test requirement.
((D. The temporary license issued pursuant to K.C.C. 6.64.540 will not be issued until successful completion of both the written and oral examination.
E.)) The written examination is not required for the renewal of a for-hire driver's license unless the applicant's license has remained expired for more than one year.
NEW SECTION. SECTION 20. There is hereby added to K.C.C. chapter 6.64 a new section to read as follows:
The taxicab and for-hire vehicle for-hire driver's license shall be in form as determined by the director and a copy shall be displayed approximately five and one-half inches in height and eight and one-half inches in length and shall be contained under a sealed transparent cover, in such a manner that the contents cannot be altered or substituted, placed inside each taxicab in such a location that the license is clearly visible from the passenger compartment at all times that the licensee is operating, driving or using the vehicle.
SECTION 21. Ordinance 10498, Section 37, as amended, and K.C.C. 6.64.600 are each hereby amended to read as follows:
((A.)) For a person holding a for-hire license ((on November 27, 2000)) or for a person applying for a for-hire license:
((1.)) A. The director shall deny any for-hire driver license renewal or application if the director determines that the applicant:
((a.)) 1. ((h))Has made any material misstatement or omission in the application for a license;
((b.)) 2. ((f))Fails to meet any of the qualifications of a for-hire driver;
((c.)) 3. ((h))Has had a criminal conviction, a bail forfeiture or ((conviction))other adverse finding for a crime pertaining to hit-and-run, reckless driving, attempting to elude an officer by using a vehicle, vehicular assault, vehicular homicide, reckless endangerment or driving under the influence of alcohol or a controlled substance, or has been found to be a habitual traffic offender within five years of the date of application; ((or))
((d.)) 4. ((i))Is required to register as a sex offender ((under RCW 9A.44.130)); or
5. Has been convicted of a sex offense or kidnapping offense against a minor.
((2.)) B. The director may deny any for-hire driver license application if the director determines that the applicant:
((a.)) 1. ((h))Has had a criminal conviction, a bail forfeiture or ((conviction)) other adverse finding involving a crime pertaining to prostitution, gambling, physical violence or other crimes reasonably related to the applicant's honesty and integrity, including but not limited to fraud, larceny, burglary or extortion or reasonably related to the person's ability to operate a taxicab, if the conviction, bail forfeiture or ((conviction)) other adverse finding was within five years of the date of application;
((b.)) 2. ((h))Has been found either through a criminal conviction, bail forfeiture or other adverse finding, including in a civil suit or administrative proceeding, or has been proven by a preponderance of the evidence regardless of whether the same act was charged as a civil infraction or a crime, to have exhibited past conduct in driving or operating a taxicab that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle; ((or))
((c.)) 3. ((h))Has been found either through a criminal conviction, bail forfeiture, or other adverse finding, including in a civil suit or administrative proceeding, or has been proven by a preponderance of the evidence regardless of whether the same act was charged as a civil infraction or a crime, to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner; or
4. Has a felony conviction or other adverse finding related to a felony under the laws of Washington or another state, or under federal law.
((B. For a person applying for a for-hire license on or after November 27, 2000:
1. The director shall deny any for-hire driver license application if the director determines that the applicant:
a. has made any material misstatement in the application for a license;
b. fails to meet any of the qualifications for a for-hire driver;
c. has had, within five years of the date of application, a bail forfeiture or conviction for a crime pertaining to alcohol or a controlled substance;
d. is required to register as a sex offender under RCW 9A.44.130; ((or))
e. has had, within five years of the date of application, a bail forfeiture or conviction involving vehicular assault or vehicular homicide; or
f. has had, within five years of the date of application, a bail forfeiture or conviction involving reckless driving.
2. The director may consider and deny any for-hire driver license application if the director determines that the applicant:
a. has had, within five years of the date of application, a bail forfeiture or conviction involving a crime pertaining to:
(1) prostitution;
(2) gambling;
(3) physical violence;
(4) use of a machine gun in a felony (RCW 9.41.225);
(5) felonies not defined by Title 9A. RCW, if the maximum sentence of imprisonment authorized by law upon the first conviction of such felony is twenty years or more (RCW 9.94A.035);
(6) criminal attempt when the crime attempted is murder in the first, murder in the second, or arson in the first (RCW 9A.28.020);
(7) criminal conspiracy when the object of the conspiratorial agreement is murder in the first (RCW 9A.28.040);
(8) murder in the first (RCW 9A.32.030);
(9) murder in the second (RCW 9A.32.050);
(10) homicide by abuse (RCW 9A.32.055);
(11) manslaughter in the first (RCW 9A.32.060);
(12) assault in the first (RCW 9A.36.011);
(13) assault of a child in the first (RCW 9A.36.120);
(14) kidnapping in the first (RCW 9A. 40.020);
(15) rape in the first (RCW 9A.44.040) ;
(16) rape in the second (RCW 9A.44.050);
(17) rape of a child in the first (RCW 9A.44.073);
(18) rape of a child in the second (RCW 9A.44.076) ;
(19) child molestation in the first (RCW 9A.44.083);
(20) arson in the first (RCW 9A.48.020);
(21) burglary in the first (RCW 9A.52.020);
(22) robbery in the first (RCW 9A.56.200);
(23) rendering criminal assistance in the first if to a person who has committed or is being sought for murder in the first or any class A felony or equivalent juvenile offense (RCW 9A.76.070);
(24) bail jumping if the person was held for, charged with, or convicted of murder in the first (RCW 9A.76.170);
(25) leading organized crime as defined by RCW 9A.82.060 (1) (a);
(26) malicious placement of an explosive in the first (RCW 70.74.270);
(27) malicious explosion of a substance in the first (RCW 70.74.280);
(28) malicious explosion of a substance in the second (RCW 70.74.280);
(29) homicide by watercraft (RCW 79A.60.050); or
(30) any crime directly related to the occupation of for-hire driver including:
(a) crimes concerning honesty and integrity, including but not limited to fraud, larceny, burglary and extortion; or
(b) ability to operate a taxicab;
b. has been found to have exhibited past conduct in driving or operating a taxi that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle; or
c. has been found to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner.))
SECTION 22. Ordinance 10498, Section 38, and K.C.C. 6.64.610 are each hereby amended to read as follows:
A. A for-hire driver's license shall be immediately suspended((/)) and is null and void if:
1. At any time ((his)) the driver's Washington ((S))state driver's license expires, is suspended or revoked;
2. It is discovered after license issuance that ((he)) the driver fails to meet the qualifications of a for-hire driver; or
3. ((He)) The driver is found to be in possession of controlled substances or alcohol while in control of or while operating any taxicab or for-hire vehicle;
B. The director may suspend or revoke a for-hire driver's license if ((he)) the director determines that the licensee has:
1. Received a conviction or bail forfeiture or other adverse finding for a crime ((which)) that would be grounds for denial as set forth in K.C.C. 6.64.600;
2. Failed to comply with the driver standards as set forth in this chapter; or
3. Been found to have exhibited a driving record ((which)) that leads the director to reasonably conclude that the applicant would not operate a taxicab or for-hire vehicle in a safe manner.
SECTION 23. Ordinance 10498, Sections 47 through 60, as amended, and K.C.C. 6.64.660 are each hereby amended to read as follows:
A. A driver shall neither drink any alcoholic beverage while on duty or eight hours before going on duty nor have in his or her possession an open or unsealed container of any alcoholic beverage (Class M).
B. A driver shall, at the end of each trip, check his or her vehicle for any article that is left behind by his or her passenger or passengers. The articles are to be reported as found property on the ((TAXI H))hotline number, as well as to the service organization, and the articles are to be returned to the service organization or affiliated representative at the end of the shift or sooner if possible. Unaffiliated taxicabs or for-hire vehicles shall deposit the articles at the records and licensing services division (Class M).
C. A driver shall have in his or her possession and posted as required in K.C.C. 6.64.595 a valid for-hire driver's license at any time he or she is driving, in control of or operating a taxicab or for-hire vehicle and the license shall be displayed as prescribed by the director (Class I).
D. A driver shall comply with any written notice of violation or notice of correction by the director including removal from service (Class M).
E. A driver shall not operate a taxicab or for-hire vehicle when the taxicab or for-hire vehicle has been placed out-of-service by order of the director (Class M).
F. A driver shall immediately surrender the vehicle license plate or decal to the director upon written notice that the vehicle is out-of-service (Class M).
G. A driver shall be in control of a taxicab or for-hire vehicle for neither more than twelve consecutive hours nor for more than twelve hours spread over a total of fifteen hours in any twenty-four-hour period. Thereafter, driver shall not drive any taxicab until eight consecutive hours have elapsed (Class I).
H. A driver shall not drive, operate or be in control of a taxicab or for-hire vehicle other than that designated on the driver's temporary for-hire permit (Class I).
I. A driver shall not drive, be in control of or operate a taxicab or for-hire vehicle where the customer information board, as required under K.C.C. 6.64.410 is not present and contains the required information (Class I).
J. A driver shall operate the taxicab or for-hire vehicle with due regard for the safety, comfort and convenience of passengers (Class I).
K. A driver shall neither solicit for prostitution nor allow the vehicle to be used for such an unlawful purpose (Class M).
L. A driver shall not knowingly allow the taxicab or for-hire vehicle to be used for the illegal solicitation, transportation, sale or any other activity related to controlled substances (Class M).
M. A driver shall deposit all refuse appropriately and under no circumstances may litter (Class I).
N. A driver shall not use offensive language, expressions or gestures to any person while the driver is driving, operating or in control of a taxicab or for-hire vehicle (Class I).
O. A driver shall not operate a wheelchair accessible taxicab unless the driver has successfully completed the special training requirements in K.C.C. 6.64.570.
P. A driver shall not use a cell phone while a passenger is in the taxicab.
SECTION 24. Ordinance 10498, Sections 61 through 68, as amended, and K.C.C. 6.64.670 are each hereby amended to read as follows:
A. A driver shall not operate a taxicab that has a taximeter ((which)) that is not sealed, in good working order, or accurate. (Class M)
B. A driver must activate the taximeter at the beginning of each trip and deactivate the taximeter upon completion of the trip. Beginning of a trip means the point where the passenger is seated and the forward motion of the vehicle begins. (Class I)
C. A driver shall assure that the meter reading is visible from a normal passenger position at all times. (Class I)
D. A driver shall not operate a taxicab or for-hire vehicle that does not have the rate posted as prescribed by the director. A driver shall confirm any allowable flat rates charged with the customer before beginning a trip. (Class I)
E. A driver shall not ask, demand or collect any rate or fare other than as specified on the meter, required by ordinance, or pursuant to special rates or contract rates ((on file with)). Contracts for agreement rates must be available for inspection by the director and retained by the taxicab or for-hire company for one year after the contract expiration date. (Class M)
F. A driver of either a taxicab or a for-hire vehicle shall complete tripsheets and shall show all trips in an accurate and legible manner as each trip occurs. (Class I)
G. A driver shall complete all items on tripsheets including:
1. Driver's name and for-hire license number;
2. Company name and vehicle name and number;
3. Vehicle for-hire license number;
4. Beginning and ending odometer reading;
5. Beginning and ending time of each shift worked;
6. Date, time, place or origin, and dismissal of each trip;
7. Fare collected;
8. Number of passengers;
9. "No shows"; and
10 Contract rates or special rates. (Class I)
H. A driver shall allow the director to inspect the daily trip sheet at any time while driving, in control of or operating a taxicab or for-hire vehicle.
SECTION 25. Ordinance 10498, Sections 69 through 79, as amended, and K.C.C. 6.64.680 are each hereby amended to read as follows:
A.1. A driver shall wear suitable clothes that are neat and clean and the driver shall be well groomed at all times while on duty. When wearing a costume a driver shall display a photograph of the driver dressed in the costume along with the driver's for-hire license.
2. For the purposes of this subsection:
a. "Neat and clean," as it relates to clothes, means that all clothing is clean, free from soil, grease and dirt and without unrepaired rips or tears; and
b. (("Suitable clothes" mean full-length pants, collared shirt and shoes. It shall not be permissible for any driver to wear as an outer garment any of the following:
(1) undershirts or underwear;
(2) tank tops;
body shirts (see-through mesh);
(4) swimwear;
(5) jogging or warm-up suits or sweatshirts or similar attire;
(6) shorts or trunks (jogging or bathing);
(7) sandals; or
(8) any similar clothing; and
c.)) "Well groomed" refers to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis((, and means that hair is neatly trimmed, beards and mustaches are groomed and neatly trimmed at all times in order not to present a ragged appearance and scalp and facial hair are combed and brushed)) (Class I).
B. A driver shall provide his or her customer with professional and courteous service at all times (Class I).
C. A driver shall not refuse a request for service because of the driver's position in line at a taxicab zone; a passenger may select any taxicab in line (Class M).
D. A driver shall at all times assist a passenger by placing luggage or packages that are under fifty pounds in and out of the taxicab or for-hire vehicle (Class I).
E. A driver shall not refuse to transport in the taxicab or for-hire vehicle:
1. Any passenger's wheelchair that can be folded and placed in either the passenger, driver or trunk compartment of the taxicab or for-hire vehicle;
2. An assist dog or guide dog to assist the disabled or handicapped; and
3. Groceries, packages or luggage when accompanied by a passenger (Class M).
F. A driver shall provide each passenger a receipt upon payment of the fare. The receipt shall accurately show the date and time, the amount of the fare, the taxicab name and number and the printed name and for-hire driver license number of the for-hire driver (Class I).
G. A driver shall use the most direct available route on all trips unless the passenger specifically requests to change the route (Class M).
H. A driver shall not permit a non-fare-paying passenger, or pets, to ride in the taxicab or for-hire vehicle. Validly licensed trainees, when approved by the passenger, are exempt from this requirement (Class I).
I. A driver shall not refuse to transport any person except when:
1. The driver has already been dispatched on another call;
2. The passenger is acting in a disorderly, threatening or suspicious manner, or otherwise causes the driver to reasonably believe that the driver's health or safety, or that of others, may be endangered;
3. The passenger cannot, upon request, show ability to pay fare; or
4. The passenger refuses to state a specific destination upon entering the taxicab (Class M).
J. A driver shall not smoke while the taxicab or for-hire vehicle is occupied without the consent of all passengers (Class I).
K. A driver shall be able to provide a reasonable and prudent amount of change, and if correct change is not available, no additional charge may be made to the passenger in attempting to secure the change (Class I).
L. If operating a wheelchair accessible taxicab, a driver shall provide priority service to private pay passengers in wheelchairs or other mobility devices.
SECTION 26. Ordinance 10498, Section 91, and K.C.C. 6.64.720 are each hereby amended to read as follows:
A.1. ((Beginning January 1, 1993, t))The following information must be collected for each licensed taxicab:
((1.)) a. ((T))total number of trips((.));
((2.)) b. ((T))total paid miles((.));
((3.)) c. ((T))total miles driven((.));
((4.)) d. ((A))amount of fares collected and number of fare units((.));
((5.)) e. ((V))vehicle lease or rental income((.)); and
((6.)) f. ((C))costs, including:
((a.)) (1) ((E))equipment depreciation;
((b.)) (2) ((E))equipment purchases;
((c.)) (3) ((R))repair and maintenance costs;
((d.)) (4) ((F))fuel and oil costs;
((e.)) (5) ((O))other supplies;
((f.)) (6) ((L))leases and service contract costs;
((g.)) (7) ((L))license fees and taxes;
((h.)) (8) ((I))insurance;
((i.)) (9) ((L))labor costs ((()), which are driver salary paid or lessee income retained by lessee(())); and
((j.)) (10) ((O))other relevant costs((,)).
2. This information must be provided annually to the director on or before ((January 30th)) February 28 of each calendar year to cover the period from January 1 to December 31 of the prior year. Failure of an owner to report as required shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K.C.C. 6.64.400 and may result in nonrenewal of the vehicle license. ((Said)) The taximeter shall be capable of issuing receipts to customers.
B. Information stored on meters as required in K.C.C. 6.64.400 shall be collected at official county or city taxicab testing stations a minimum of two times per year. Other information required to be reported under this section shall be reported in a manner established by the director.
C. The director may verify operating cost information reported by the industry as required in this section of this chapter through special audits performed on a random sample basis. Failure to submit information required for a special audit to document the costs reported ((pursuant to)) under this section of this chapter within two weeks of the director's request shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K.C.C. 6.64.400. ((Said)) The taximeter shall be capable of issuing receipts to customers.
D. Providing data verified to be false is grounds for the suspension or revocation of the license.
SECTION 27. Ordinance 10498, Section 93, and K.C.C. 6.64.740 are each hereby amended to read as follows:
A. On or before April ((1st)) 30 of each year, ((beginning April 1, 1993,)) the director shall file an annual report with the King County council based upon data, collected ((pursuant to)) in accordance with K.C.C. 6.64.730 for the period ((between)) of January 1 ((and)) through December 31 of the preceding calendar year.
B. ((These)) The reports shall include but not be limited to the following:
1. Number of taxicabs licensed in ((Seattle/King)) King County only, in Seattle only and in both King County and Seattle during the reporting period and during the preceding year((.));
2. Number of drivers licensed in ((Seattle/))King County only, Seattle only and in both King County and Seattle during the reporting period and during the preceding year((.));
3. Numbers and nature of complaints((.));
4. Results of a survey of taxicab response times, changes in response times from previous reporting periods, and relationship of the actual response times to the optimum average response time established by the director ((pursuant to)) under K.C.C. 6.64.760((.));
5. Results of annual industry reporting including total net profit as reported((.));
6. Results of meter readings as required in K.C.C. 6.64.720((.)) ;and
7. Any other recommendations deemed appropriate by the director.
SECTION 28. Ordinance 10498, Section 102, as amended, and K.C.C. 6.64.920 are each hereby amended to read as follows:
A for-hire driver licensee shall secure a renewal no later than one month before the license expiration date. No license shall be renewed unless the licensee has paid in full all license fees due under this chapter.
A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ((ten ))one working day((s)) after the expiration date of ((such)) the license, registration or permit, as set forth in the respective resolution or ordinance establishing the expiration date of ((such)) the license, registration or permit. The amount of ((such)) the penalty is fixed as follows:
A. For a license, registration or permit requiring a fee of fifty cents or more, but less than fifty dollars, twenty percent of the required fee;
B. For a license, registration or permit requiring a fee of fifty dollars or more, but less than one thousand dollars, ten percent of the required fee; and
C. For a license, registration or permit requiring a fee of one thousand dollars or more, five percent of the required fee.