Seattle City Council Bills and Ordinances
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Ordinance 124524
Introduced as Council Bill 118140
Title | |
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AN ORDINANCE relating to transportation network companies, taxi, and for-hire services and affiliated drivers and vehicles: establishing minimum operating requirements for transportation network companies and affiliated drivers; imposing industry-wide vehicle inspection and driver training processes; imposing insurance requirements for transportation network companies and affiliated vehicles; altering insurance requirements for taxi and for-hire vehicles; requiring rate transparency across industries; establishing and altering licensing fees; establishing an accessible service charge; raising the maximum number of taxicab licenses issued by the City; allowing hailing rights for for-hire vehicles; establishing a property right for taxi and for-hire vehicle license holders; revising terminology; adding new sections, amending various Sections of Chapter 6.310 of the Seattle Municipal Code, repealing Ordinance 124441, and amending Ordinance 124349, which adopted the 2014 Budget. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118140 |
Index Terms: | TAXICABS, MOTOR-VEHICLE-SERVICES, LICENSES, PUBLIC-REGULATIONS, ADMINISTRATIVE-PROCEDURES |
References: | Ordinance 124349; Ordinance 124441 |
Legislative History | |
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Sponsor: | BURGESS | tr>
Date Introduced: | June 30, 2014 |
Committee Referral: | Full Council |
City Council Action Date: | July 14, 2014 |
City Council Action: | Passed |
City Council Vote: | 8-1 |
Date Delivered to Mayor: | July 15, 2014 |
Date Signed by Mayor: (About the signature date) | July 15, 2014 |
Date Filed with Clerk: | July 15, 2014 |
Signed Copy: | PDF scan of Ordinance No. 124524 |
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CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ AN ORDINANCE relating to transportation network companies, taxi, and for-hire services and affiliated drivers and vehicles: establishing minimum operating requirements for transportation network companies and affiliated drivers; imposing industry-wide vehicle inspection and driver training processes; imposing insurance requirements for transportation network companies and affiliated vehicles; altering insurance requirements for taxi and for-hire vehicles; requiring rate transparency across industries; establishing and altering licensing fees; establishing an accessible service charge; raising the maximum number of taxicab licenses issued by the City; allowing hailing rights for for-hire vehicles; establishing a property right for taxi and for-hire vehicle license holders; revising terminology; adding new sections, amending various Sections of Chapter 6.310 of the Seattle Municipal Code, repealing Ordinance 124441, and amending Ordinance 124349, which adopted the 2014 Budget. WHEREAS, that technology that allows consumers to directly dispatch drivers for trips via the internet using mobile interfaces such as smartphone applications, ("application dispatch") did not exist in Seattle when for-hire driver and vehicle regulations were last amended by Ordinance 122763 in 2008; and WHEREAS, the Council caused a taxi, for-hire, and limousine services demand study ("demand study") to be undertaken to evaluate passenger demand and assess the quality of service and the final study was completed by consultants on September 3, 2013; and WHEREAS, the demand study supports that the public is receptive to application dispatch technology and such technology is capturing a growing share of the traditional taxicab and for-hire vehicle market, especially during periods of peak demand ; and WHEREAS, the demand study supports, that some companies using application dispatch technology to offer transportation services in Seattle are unlicensed and affiliated with unlicensed for-hire drivers (unlicensed drivers) and vehicles 2 ; and WHEREAS, the use of application dispatch technology by unlicensed companies, vehicles, and drivers raises significant public safety and consumer protection concerns; and WHEREAS, the use of application dispatch technology by unlicensed companies and drivers are competing with existing licensed taxicab and for-hire drivers in the transportation market; and WHEREAS, establishing minimum operating requirements for unlicensed drivers and unlicensed companies using application dispatch technology is appropriate and necessary to protect the safety of the public; and WHEREAS, to ensure fair market competition, there must be regulatory parity between taxi operators, for-hire vehicle operators, and presently unlicensed transportation network companies and affiliated drivers; and WHEREAS, industry regulations for these services must encourage innovation without compromising safety standards, so that regulation provides a safety net that the public can rely on for its protection while new businesses innovate and use technology to better the lives of Washingtonians; and WHEREAS, establishing transparency of rates prior to a passenger initiating a ride via an application is appropriate and necessary for consumer protection and there exists a need to maintain existing dispatch and fare calculation systems to ensure transportation access for people who do not have access to application dispatch technology; and WHEREAS, there exists a need to create an industry-supported accessible service fund to ensure the continued financial viability of operating Wheelchair Accessible Taxis (WATs); and WHEREAS, the issuance of an additional 35 taxi licenses for the first year, and an additional 55 per year for the next three years as authorized by SMC 6.310.500(D) would promote fair competition and meet current and future demand for efficient and economical for-hire transportation services; and WHEREAS, allowing for-hire vehicles to pick up street hails promotes increased immediate access to services and eliminates confusion for the public; and WHEREAS, converting existing and future taxi and for-hire vehicle licenses to a property right would allow the vehicle license to be used as collateral and would promote fair competition within the industry, and drivers with a direct financial stake in the medallion will promote safe vehicles, courteous service, and safe driving; and WHEREAS, there is authority to regulate for-hire vehicles as granted by Article 11, Section 11 of the Washington State Constitution and RCW 46.72.160; and WHEREAS, the City will support efforts of for-hire transportation industry representatives seeking to clarify or modify the current State insurance requirements of forhire transportation services to account for recent changes in the industry and business models of all industry participants, including transportation network companies, taxicabs, and for-hire vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Section 6.310.100 of the Seattle Municipal Code, last amended by Ordinance 118341, is amended as follows:
6.310.100 Purpose((
A. Transportation network companies (TNC) provide application dispatch services (technology that allows consumers to directly request dispatch of for-hire drivers for trips via the internet using mobile interfaces such as smartphone applications,)
to connect drivers with passengers for transportation services. The ordinance codified in this chapter is an exercise of The City of Seattle's power to license for-hire vehicles, taxicabs, for-hire drivers (( B. Within one year of the effective date of this ordinance, and every year thereafter through December 30, 2016, the Director shall issue a report to chair of the Taxi, Forhire, and Limousine Regulations Committee of the Seattle City Council. The report shall include a summary of the industry data reported pursuant Section 6.310.540, a summary of on-street and other enforcement activities performed between the effective date of this ordinance and the deadline, a discussion of the conversion from licenses to medallions, a discussion of the funding level and use of the Wheelchair Accessible Services Fund, the number and type of passenger complaints received between the effective date of this ordinance and the reporting deadline, and a comparison of the City's regulatory revenue under the former and proposed regulatory structure. Section 2. Section 6.310.110 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:
6.310.110 Definitions(( For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply: "Active on the TNC dispatch system" includes but is not limited to: when the driver is logged onto the transportation network company (TNC) application showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when TNC records show the vehicle has been connected with a passenger; or when the driver has been connected with a passenger and is enroute to provide transportation services to the passenger.
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(( "Application dispatch" means technology that allows consumers to directly request dispatch of for-hire drivers for trips and/or to accept payments for those trips via the internet using mobile interfaces such as, but not limited to smartphone and tablet applications.
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(( "Compensation" means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered. This includes, but is not limited to voluntary donations, fee-sharing between a taxicab association or transportation network company and an affiliated driver, advertisement of a taxicab association or transportation network company services, and increased patronage for taxicab association or transportation network company services.
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(( 1. Taxicabs as defined in this chapter; 2. School buses operating exclusively under a contract to a school district; 3. Ride-sharing vehicles under Chapter 46.74 RCW;
4. Limousine carriers licensed under Chapter (( 5. Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW; 6. Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; 7. Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices; and 8. Vehicles licensed under, and used to provide "charter party carrier" and "excursion service carrier" services as defined in, and required by, Chapter 81.70 RCW; 9. Transportation network company endorsed vehicle as defined in this chapter. "For-hire vehicle company" means a person or entity that represents or owns for-hire vehicles licensed by the City that use the same color scheme, trade name, and dispatch services.
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(( "Medallion" means a certificate issued by the Director as evidence that a taxicab or for-hire vehicle license is an intangible property. "Medallion system" means the system which deems a taxicab or for-hire vehicle license to be intangible property that may be used as collateral to secure a loan from a bank or any other financial institution.
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(( "Personal vehicle" means a vehicle that is not a taxicab or for-hire vehicle licensed under this chapter. A personal vehicle that is used to provide trips via a transportation network company application dispatch system is subject to regulation under this chapter.
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(( 1. That is held out to the public as providing transportation to passengers or articles for hire; 2. Where the route traveled or destination is controlled by the customer; 3. That carries signs or indicia of a taxicab, including the words "taxi," "taxicab," or "cab"; and 4. Where the fare is based on an amount recorded and indicated on a taximeter or on an application dispatch system linked to a taximeter , or by a special contract rate permitted under this chapter. Despite the foregoing, "taxicab" does not include those vehicles listed in Section 6.310.110 J2-J8 or for-hire vehicles.
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(( 1. File applications and, if not using application dispatch , special contract rates and charges on behalf of the taxicab association and individual owners in the taxicab association; and 2. Receive and accept all correspondence and notices from the City pertaining to the taxicab association, or to the taxicabs, taxicab owners and/or for-hire drivers operating within the taxicab association; and 3. Forward any correspondence, notices and/or legal process received by the association and intended for a taxicab owner and/or taxicab driver operating within the taxicab association.
(( "Trade dress" means the unique visual element associated with a transportation network company that is attached to a vehicle affiliated with a TNC so the public and passengers can identify the vehicle as being associated with that particular TNC. "Transportation network company" (TNC) means an organization whether a corporation, partnership, sole proprietor, or other form, licensed under this chapter and operating in the City of Seattle that offers prearranged transportation services for compensation using an onlineenabled TNC application or platform to connect passengers with drivers using their personal vehicles and that meets the licensing requirements of Section 6.310.130 and any other requirements under this chapter. "Transportation network company (TNC) driver" means a licensed for-hire driver affiliated with and accepting dispatched trips from a licensed transportation network company. For purposes of this chapter, at any time while a driver is active on the TNC dispatch system, the driver is considered a TNC driver. "Transportation network company (TNC) endorsed vehicle" means a personal motor vehicle used for the transportation of passengers for compensation that is affiliated with a licensed transportation network company and that has been endorsed to demonstrate that the vehicle has met the minimum operating requirements as set forth in Sections 6.310.325 and 6.310.327 . "Transportation network company (TNC) representative" means the person or persons that a transportation network company has authorized to: 1. On behalf of the TNC, file documentation with the Director; 2. Receive and accept all correspondence and notices from the City pertaining to the TNC, or to affiliated drivers operating within the TNC; and 3. Forward any correspondence, notices and/or legal process received by the TNC and intended for an affiliated driver operating within the TNC. "Transportation network company (TNC) vehicle endorsement" means an endorsement on a for-hire driver's license for a personal vehicle that allows the for-hire driver to use the endorsed vehicle to affiliate with a transportation network company in order to provide transportation to passengers via an application dispatch system. The endorsement demonstrates that the vehicle has met the minimum operating requirements as set forth in Sections 6.310.325 and 6.310.327. A vehicle with a TNC endorsement is a "TNC endorsed vehicle."
(( Section 3. Section 6.310.120 of the Seattle Municipal Code, last amended by Ordinance 118341, is amended as follows:
6.310.120 Scope((
This chapter applies to all taxicab associations, all transportation network companies, all taxicabs, all forhire vehicles, all TNC-endorsed vehicles , and all forhire drivers operating (( Section 4. Section 6.310.125 of the Seattle Municipal Code, last amended by Ordinance 121738, is amended as follows:
6.310.125 Violation classifications((
A. Requirements contained within this chapter shall specify violation classifications in parentheses for the purpose of assessing monetary penalties and penalty points. General provisions for penalty enforcement are set forth in (( B. Violation classifications are as follows: 1. Class A violations of administrative or nonsafety requirements. 2. Class B violations of safety requirements. 3. Class C other serious violations. 4. Suspensions, revocations, and denials of licenses or TNC vehicle endorsements are imposed when taxicab associations, transportation network companies, taxicab licensees, or for-hire drivers fail to comply with licensing or endorsement requirements pursuant to this chapter, or there is an immediate safety concern with the taxicab , for-hire vehicle, or TNC endorsed vehicle . Section 5. Section 6.310.130 of the Seattle Municipal Code, last amended by Ordinance 119872, is amended as follows:
6.310.130 Licenses required(( A. It is unlawful to own, lease, drive or otherwise operate within The City of Seattle any taxicab or for-hire vehicle within the scope of this chapter, unless: 1. The for-hire driver has a valid license issued under this chapter; 2. The for-hire vehicle or taxicab has a valid license issued under this chapter. 3. If the vehicle is a taxicab, the taxicab is affiliated with a taxicab association licensed under this chapter; 4. The for-hire driver that operates a taxicab is affiliated with a taxicab association licensed under this chapter. B. It is unlawful to operate within The City of Seattle as a transportation network company (TNC) driver, unless: 1. The driver has a valid for-hire driver's license issued under this chapter; 2. The vehicle is either: a. A personal vehicle with a TNC vehicle endorsement, or b. A for-hire vehicle or taxicab licensed under this chapter; and 3. The driver is affiliated with a TNC licensed under this chapter. This section 6.310.130.B shall be effective 120 days from the effective date of this ordinance.
(( D. It is unlawful to operate as a transportation network company within The City of Seattle without a valid license issued under this chapter . E. It is unlawful to operate an application dispatch system within The City of Seattle unless: 1. The person or entity is a licensed transportation network company; or 2. The person or entity uses the application dispatch system exclusively for taxicabs and/or for-hire vehicles licensed under this chapter, consistent with Section 6.310.530.
(( Section 6. A new Section 6.310.135 is added to the Seattle Municipal Code as follows: 6.310.135 Transition to medallion system A. Effective February 1, 2015, City taxicab and forhire vehicle licenses shall transition to a medallion system and all references to taxicab licenses and for-hire vehicle licenses in this Chapter shall refer to taxicab medallions and for-hire vehicle medallions, respectively. The medallion system deems a taxicab or for-hire vehicle license to be intangible property. The owner of a taxicab or for-hire vehicle medallion can use the medallion as collateral to secure a loan from a bank or any other financial institution. Medallion owners shall file with the Director the name of any and all lienholders, on forms furnished by the Director. B. Effective February 1, 2015, existing taxicab or forhire vehicle license holders shall receive one medallion for each taxicab or for-hire vehicle license upon payment of a onetime administrative fee of $100.00. Failure to pay this administrative fee shall result in the denial of the renewal of a taxicab or for-hire vehicle license. C. All new taxicab or for-hire vehicle licenses issued after the effective date of this ordinance shall be issued pursuant to a medallion system by lottery pursuant to subsection 6.310.500.D.2. D. Taxicab and for-hire vehicle medallions remain subject to all regulations in this Chapter. The interest of a medallion owner may be suspended or revoked for any reason enumerated in this Chapter for the suspension or revocation of a taxicab or for-hire vehicle license. Upon the final order of revocation, a medallion shall be involuntarily transferred pursuant to subsection 6.310.137. E. Medallion holders waive any and all liability, claims, actions, suits, loss, costs, expense judgments, attorneys' fees, or damages of every kind and description resulting directly or indirectly from any act or omission of the City, its officials, officers, employees, and agents regarding the valuation or devaluation of the medallion. F. The City assumes no liability for any devaluation of the medallion due to regulatory action or market forces. G. Any taxicab or for-hire vehicle medallion may only be voluntarily transferred, sold or assigned in accordance with this section 6.310.135. For purposes of the sale of a taxicab or for-hire vehicle medallion, the following requirements must be satisfied: (i) all outstanding fines and penalties against the medallion holder and for-hire driver's license, if applicable, must be paid or satisfied and all pending administrative matters must be resolved; and (ii) when seller owns two or more taxicab or for-hire taxicab licenses, all outstanding items/proceedings as stated in (i) above shall be paid, satisfied or resolved. H. Medallion owners may lease an interest in the medallion as prescribed by Director's rule. To assure orderly and rapid transition to the medallion system, the Director shall have such rules in place 90 days from February 1, 2015. Section 7. A new Section 6.310.137 is added to the Seattle Municipal Code as follows: 6.310.137 Involuntary transfer of taxicab or for-hire vehicle medallions A. The interest of a medallion owner may be suspended or revoked for any reason enumerated in this Chapter for the suspension or revocation of a taxicab or for-hire vehicle license. Upon a final order of revocation where all appellate proceedings, if any, have been concluded, the Director shall coordinate the sale of the medallion at public auction by a licensed auctioneer to the highest and best bidder, who shall pay the amount bid by a cashier's check within seven business days from the time of sale. The proceeds from the sale of such medallions, after deducting the expenses of the sale and all costs incurred by the City including, but not limited to, attorney's fees, shall be paid, first, to the lienholder or lienholders in the order of date of filing and the balance, if any, shall be paid to the person whose interest in the medallion has been revoked, or to the City when the person cannot be located. B. Any person holding a bona fide lien or security interest in a taxicab or for-hire vehicle medallion shall have the right to enforcement of a lien against that medallion within thirty days after any final order of revocation where all appellate proceedings, if any, have been concluded and upon actual notice to any lienholder whose name is on file with the Director. C. In order to perfect a lien or security interest in a taxicab or for-hire vehicle medallion, the party which holds the pledge, lien or security interest, within thirty days of the date of creation of the pledge, lien or security interest, shall record the same as required by State law and provide a copy of the recording to the Director. The collateral shall be described as "City of Seattle taxicab medallion" or "City of Seattle forhire vehicle medallion" and include the medallion certificate number. D. Any foreclosure of a perfected lien in a taxicab or for-hire vehicle medallion shall be in the King County Superior Court and the City Finance and Administrative Services Department (FAS) shall be joined as an indispensable party. All holders of liens or security interests senior to the pledge, lien or security interest being foreclosed shall be joined and deemed necessary parties to the foreclosure. E. Upon a judgment of foreclosure, the Director shall coordinate the sale of the medallion at public auction by a licensed auctioneer to the highest and best bidder, who shall pay the amount bid by a cashier's check within seven business days from the time of sale. The proceeds from the sale of such medallions, after deducting the expenses of the sale and all costs incurred by the City including, but not limited to, attorney's fees, shall be paid, first, to the lienholder or lienholders in the order of date of filing and the balance, if any, shall be paid as directed in the judgment of foreclosure. F. The institution of foreclosure procedures or the judicial transfer of a medallion shall not prevent the Director from suspending or imposing a civil penalty or taking other administrative action against the medallion owner at the time of the alleged violation. G. Distribution from estate to a beneficiary 1. When a taxicab or for-hire vehicle medallion or stock in a corporation owning such a medallion is distributed from an estate to a beneficiary by a court of law, the transferee shall submit to the Director the court order directing the City to transfer the medallion to the beneficiary. The court order shall condition the transfer upon the transferee complying with this Chapter. 2. An executor or administrator may continue the operation of a taxicab or for-hire vehicle only with prior written approval of the Director. The executor or administrator shall apply for such approval within 120 days of his or her appointment. In the event of any delay not caused by the executor or the administrator, the Director may grant additional time to apply for approval for good cause shown. Section 8. Section 6.310.150 of the Seattle Municipal Code, last amended by Ordinance 123472, is amended as follows:
6.310.150 Fees(( The following nonrefundable fees shall apply:
A. (( 1. Taxicab Association a. Annual fee . . . . $1,000 b. Late renewal fee . . . . $100
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a. Annual license fee . . . . (( b. Wheelchair accessible taxicab annual license fee . . . . Waived c. Late fee (license renewal) . . . . $60
(( d. Change of vehicle licensee:
i. July---December . . . . ((
ii. January---June (half year) . . . . (( iii. May 16---June 30* e. Replace taxicab plate . . . . $25 f. Special inspection fee** . . . . $100/hour ( 1/2 hour minimum) g. Inspection rescheduling fee (non-City licensed vehicles only) . . . . $25 h. Taxicab change of association affiliation . . . . $100
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i. Change of licensee corporation, limited liability company, or partnership members . . . . $100
(( j. Taximeter test (when not part of annual inspection) . . . . $50 k. This section 6.310.150.A.2 shall take effect and be in force retroactively as of May 1, 2014 in order to apply to all taxicab and for-hire vehicle fees for the 201415 vehicle licensing year July 1, 2014 through June 30, 2015.
* No change of taxicab licensee or for-hire vehicle licensee fee is due if the transfer occurs between May 16--June 30. During this period, the change of taxicab or for-hire vehicle licensee and the annual license renewal are accomplished together and
only one (( ** For testing of taxicab meter or taxicab inspections provided to other municipalities.
(( a. Annual fee . . . . $50 ((Add/change affiliation***....$20)) Late fee....$15
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(( b. Replacement license . . . . $5
(( c. Other training and licensing fees (fingerprinting, ID photo, background check) . . . . Charge as determined by Director to cover costs. (***For-hire drivers may only be affiliated with a maximum of three taxicab associations at any given time. This fee is only charged when the driver is affiliated with three associations and now wants to delete one association and add another.) B. Transportation Network Company (TNC) License, Vehicle Endorsement and for For-Hire Driver's License Fees Upon the effective date of this ordinance, TNCs shall pay $0.10 per ride for all trips originating in Seattle to cover the estimated enforcement and regulatory costs of TNC licensing, vehicle endorsements and driver licensing. After six months or any time thereafter, the Director may adjust this per ride fee based on the number of new TNC licenses, for-hire driver's licenses and vehicle endorsements issued, and total TNC trips originating in Seattle provided in the previous quarter, as reported pursuant to Section 6.310.540. The purpose of any adjustment is to ensure that the per ride fee covers the estimated enforcement and regulatory costs of TNC licensing, vehicle endorsements and driver licensing. Total TNC industry fees shall not exceed $525,000 in year one. Unless the Director finds that a TNC has not paid its proportional fees covering the cost of enforcement and regulatory costs for the prior year, at the time of renewing the TNC license, the fees for the current TNC license, vehicle endorsements, and for-hire driver licenses shall be renewed upon approval of completed renewal applications and upon the condition that the TNC continues to submit quarterly per ride fees. C. The Director may adjust any of the fees in subsection A after the ordinance's effective date, and any of the fees in subsection B six months after the ordinance's effective date, following consideration of the following nonexclusive factors: the projected costs and annual budget allotted for enforcement and regulatory costs across the forhire transportation industry, the need for increased street inspection in order to reduce illegal activity, the total number of trips originating in Seattle across the for-hire transportation industry, and the administrative burden of issuing additional taxicab licenses, TNC licenses, for-hire driver's licenses and TNC vehicle endorsements. The purpose of any adjustment is to ensure that the fees cover the Director's enforcement and regulatory costs. Section 9. A new Section 6.310.175 is added to the Seattle Municipal Code as follows: 6.310.175 Wheelchair Accessible Services Fund A. In addition to the fees specified in subsection 6.310.150, as part of the license issuance or renewal fee, taxicab, for-hire vehicle licensees, and transportation network companies shall pay a $0.10 per ride surcharge for all rides originating in the City of Seattle for each vehicle. As part of the City's taxi, for-hire, and transportation network company regulation, this surcharge shall be used to offset the higher operational costs of wheelchair accessible taxi ("WAT") services for owners and operators including, but not limited to: vehicle costs associated with purchasing and retrofitting an accessible vehicle, extra fuel and maintenance costs, and time involved in providing wheelchair accessible trips. Funds shall be distributed by reimbursement for documented, itemized costs. The Director shall adopt by rule the procedure for determining when and how to distribute funds to WAT owners and drivers, including imposing conditions of reimbursement, imposing a maximum amount of reimbursement, and considering timely distribution of reimbursement to WAT drivers and owners. In determining the distribution of funds, the Director shall consider factors including, but not limited to actual consumer demand for WAT services, total number of WAT rides, total number of WAT rides requested through a TNC application, total paid trips per WAT, and average operating hours per WAT. B. Following the first year of collecting the $0.10 per ride surcharge, the surcharge rate may be adjusted by the Director based on, but not limited to consideration of the following factors: reimbursed costs for purchasing and retrofitting accessible vehicles, the actual need for purchasing and retrofitting accessible vehicles in the upcoming year, total number of WAT rides, and may consider any other factors that may affect the supply, demand, and financial viability for WAT service within the City limits. C. Within two years of the effective date of this ordinance, the Director, with input from the Seattle Commission for People with Disabilities, will promulgate rules to determine the need for additional wheelchair accessible taxicabs or for-hire vehicles and how to fund potential new retrofits from the wheelchair accessible services fund. Section 10. Section 6.310.200, which was last amended by Ordinance 118341, is amended as follows:
6.310.200 Taxicab association (( A. Any business or individual desiring to operate as a taxicab association within The City of Seattle shall file with the Director a signed and notarized taxicab association application, on forms approved by the Director. The application shall include the following information: ***
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(( *** Section 11. Section 6.310.205 of the Seattle Municipal Code, last amended by Ordinance 119872, is repealed:
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Section 12. Section 6.310.230 of the Seattle Municipal Code, last amended by Ordinance 121738, is amended as follows:
6.310.230 Taxicab association(( In addition to meeting the license application requirements set forth in Section 6.310.200, the taxicab association must: A. Maintain a business office that:
1. Is open and personally staffed all business days between ((
2. Has a local Seattle business telephone number (( 3. Has a mailing address where the taxicab association representative will accept mail (Class A),
4. Stores all records that this chapter requires the taxicab association to maintain including, but not limited to, copies of taxicab licenses and for-hire drivers licenses, lists of all affiliated taxicabs and affiliated drivers, taxicab vehicle repair
and service records, passenger comment cards, new driver training records, vehicle insurance policies, vehicle registrations, (( 5. Provides secure storage for all items left in the taxicab by patrons and turned in by drivers of affiliated taxicabs (Class A), and 6. Provides radio or computer dispatch during all hours that affiliated taxicabs are operating, and every request for service must be satisfied as long as there are any operating taxicabs not in use; except that associations and for-hire drivers that refuse service pursuant to SMC 6.310.465 L shall not be subject to any penalties by the Director, or, in the case of for-hire drivers, by the association (Class B --both requirements); B. Ensure that each affiliated taxicab is insured as required in SMC Sections 6.310.300 D5-6 and 6.310.320 D (Class B); C. Ensure that each affiliated taxicab maintains the taxicab association's color scheme and identification (Class B); D. Maintain on file at the taxicab association's place of business proof of insurance required by SMC Sections 6.310.300 C5-6 and 6.310.320 D (Class A); E. Accept on behalf of any taxicab licensee or driver of an affiliated taxicab all correspondence from the Director to that taxicab licensee or driver (Class A);
F. Send, by first class mail, to the taxicab licensee and for-hire driver of an affiliated taxicab any correspondence from the Director within five (( G. Collect, store, and quarterly provide reporting documents to the Director as outlined in Section 6.310.540.
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H (( 1. A conviction, bail forfeiture or other adverse finding received by the driver or the taxicab licensee of an affiliated taxicab for any criminal offense or traffic violation that occurs during or arises out of the driver's operation of the taxicab (Class A for traffic violation, Class B for any criminal offense), 2. A conviction, bail forfeiture or other adverse finding received by the driver or the taxicab licensee of an affiliated taxicab for any other criminal offense directly bearing on the driver's fitness to operate a taxicab or the taxicab licensee's fitness to be licensed, including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution (Class B), 3. A vehicle accident required to be reported to the State of Washington involving any affiliated taxicab (Class B),
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(( P. Prior to providing taxicab services and annually thereafter, require every affiliated vehicle to undergo a uniform vehicle safety inspection, approved by the Director, that utilizes approved mechanics who shall certify in writing that the vehicle is mechanically sound and fit for driving. The approved mechanic is responsible for checking that the plates, decals, customer notices, and other markings, as required and supplied, if applicable, by the City are legible and properly displayed as specified by the Director by rule. Taxicab associations shall maintain vehicle inspection records. (revocation and Class C). Section 13. A new Section 6.310.255 to Seattle Municipal Code is adopted, as follows: 6.310.255 For-hire vehicle company operating responsibilities A for-hire vehicle company must: A. Collect, store, and quarterly provide reporting documents to the Director as outlined in Section 6.310.540 (Class C); B. Upon the effective date of this ordinance, submit two two-inch by two-inch sample color chips of the company's proposed color scheme to the Director. All proposed color schemes must be approved by the Director and must be distinct from the orange, yellow or green used by taxicabs. The Director must approve any changes in color scheme. (Class C). Section 14. A new Section 6.310.260 to Seattle Municipal Code is adopted, as follows: 6.310.260 Transportation network company license eligibility and application A. Any business or individual desiring to operate as a transportation network company within The City of Seattle shall file with the Director a signed, under penalty of perjury, transportation network company license application on forms provided by the Director. 1. To be eligible for a license, the transportation network company is limited to providing application dispatch services to transportation network company drivers meeting the requirements set forth in Section 6.310.452; further, no TNC licensed by the City of Seattle shall own or be owned or controlled, in whole or in part, by any other TNC licensed by the City of Seattle, or be owned or controlled in whole or in part by any party or entity owning or controlling, in whole or in part, another TNC licensed by the City of Seattle; provided that no ownership restrictions shall apply to any publiclytraded company. 2. The license application shall include the following information: a. The applicant transportation network company's name, business street address and post office box address (if any), business facsimile number, business phone number and business email address where the transportation network company representative can generally be reached between 9 a.m. and 5 p.m. on all nonholiday weekdays; b. The form of business entity under which the TNC will operate (e.g. corporation, partnership, cooperative association); i. If the applicant transportation network company is individually owned, the name, business address (or home address if no business address), telephone number and date of birth of the owner, or ii. If the applicant transportation network company is a corporation, partnership or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Seattle or to bind the legal entity in dealings with third parties, and the entity's true legal name, state of incorporation or registration with the Secretary of State of the State of Washington (if any) and State of Washington business license number, and any other information that the Director may reasonably require; c. Verification that applicant uses only one application dispatch system, as approved by the Director; d. The trade dress the applicant transportation network company proposes to use, if any, for each affiliated driver's vehicle, with a photo of the trade dress submitted with the application. The trade dress may be placed on the vehicle body, but not on the roof or covering any windows, vehicle lights, or obscuring the view of any mirrors, and cannot exceed four square feet; e. The name, address, phone number and date of birth of the transportation network company representative; f. During the provisional period described in subsection 6.310.335, file evidence with the City that each vehicle affiliated with a transportation network company has liability insurance in an amount no less than required by RCW 46.72.050 at any time while active on a TNC dispatch system and underinsured motorist coverage indicating a minimum coverage of $100,000 per person, and $300,000 per accident, at any time while active on the TNC dispatch system. The insurance policy, and any related driver contracts if applicable, must be submitted to the Director. The insurance policy shall: i. At a minimum be issued by either: a) an admitted carrier in the State of Washington with an A.M. Best Rating of not less than B VII or b) a surplus line insurers with an A.M. Best Rating of not less than B+ VII; ii. Name The City of Seattle as an additional insured, and iii. Provide that the insurer will notify the Director, in writing, of any cancellation and/or nonrenewal at least 30 days before that cancellation and/or nonrenewal takes effect. g. By the first business day immediately following the conclusion of the provisional period, the registered owners of vehicles with a transportation network company endorsement, or the transportation network company on behalf of the registered owner must have on file with the City evidence that each vehicle has an insurance policy or binder proving compliance with State insurance requirements effective at that time. The insurance policy, and any related driver contracts if applicable, must be submitted to the Director. If there is no change to State insurance requirements by the conclusion of the provisional period, the TNC shall provide evidence that each vehicle affiliated with a transportation network company has insurance in an amount no less than required by RCW 46.72.050 and underinsured motorist coverage indicating a minimum coverage of $100,000 per person, and $300,000 per accident, at any time while active on the TNC dispatch system. The insurance policy shall: i. Be issued by an admitted carrier in the State of Washington with an A.M. Best Rating of not less than B+ VII or show evidence that an exemption has been met allowing for the use of a surplus line insurer; provided however, that the Director may temporarily suspend any or all of these requirements if no other viable insurance options are available to the industry ii. Name The City of Seattle as an additional insured, iii. Provide that the insurer will notify the Director, in writing, of any cancellation and/or nonrenewal at least 30 days before that cancellation and/or nonrenewal takes effect, and iv. Not include aggregate limits, or named driver requirements or exclusions. Other limitations or restrictions beyond standard insurance services office (ISO) business auto policy form are subject to approval by the Director. i. State of Washington vehicle registration for each vehicle affiliated with the transportation network company. j. Certificate of a uniform vehicle safety inspection for each vehicle affiliated with the transportation network company as required in Section 6.310.270.R. k. Any other information required by regulations adopted pursuant to this chapter. l. The above application and information must be completed for each annual license renewal. B. The TNC license fee shall be paid as set forth in Section 6.310.150. C. The transportation network company applicant or licensee must inform the Director in writing within seven days if any of the information provided pursuant to Section 6.310.260.A changes, ceases to be true or is superseded in any way by new information. D. A transportation network company license is valid for no more than one year. No transportation network company license may be renewed unless all outstanding penalties assessed against the transportation network company and its affiliated drivers have been paid to the Director. The TNC license renewal fee shall be paid as set forth in Section 6.310.150. Section 15. A new Section 6.310.265 to Seattle Municipal Code is adopted, as follows: 6.310.265 Transportation network company (TNC) standards for license application or renewal denial A. The operation of a TNC is a privilege, not a right. The TNC's ability to satisfy stated criteria for a TNC license does not create a right to a TNC license. B. The Director shall deny any TNC license application if the Director determines that: 1. The applicant fails to submit proof of insurance and driver contracts as required by Section 6.310.260. 2. The applicant provides application dispatch services to anyone other than TNC drivers meeting the requirements set forth in Section 6.310.452; 3. The applicant uses more than one application dispatch system; 4. The applicant leases, permits, or otherwise allows others to use its application dispatch system; 5. The applicant affiliates with and provides application dispatch services to drivers without a for-hire vehicle driver's license; 6. The applicant affiliates with and provides application dispatch services to drivers operating vehicles without a for-hire vehicle or taxicab license, or a vehicle without a TNC vehicle endorsement. 7. The application has a material misstatement or omission; 8. The application is incomplete; and/or 9. Within three years of the date of application, the applicant, or any person employed by the applicant to manage Seattle operations, has had a bail forfeiture, conviction or other final adverse finding for crimes of fraud, theft, larceny, extortion, embezzlement, racketeering, Uniform Controlled Substances Act, prostitution, alcohol and/or narcotics where the commission of such crime(s) involved a TNC, vehicle affiliated with a TNC, or TNC driver. C. The Director may deny any TNC license application if the Director determines that, within five years of the date of application, the TNC applicant, or if the TNC applicant is a business entity, any person employed by the TNC to manage Seattle operations: 1. Within five years of the date of application, has had a bail forfeiture, conviction involving crimes directly related to the applicant's ability to operate a TNC, including but not limited to prostitution, gambling, fraud, larceny, extortion, income tax evasion; and/or 2. Has exhibited past conduct, as evidenced by a criminal conviction, bail forfeiture in operating a TNC, business or vehicle that would lead the Director to reasonably conclude that the applicant will not fulfill the TNC responsibilities and requirements set forth in this chapter. 3. Has failed to meet one or more operating responsibilities as detailed in Section 6.310.270. Section 16. A new Section 6.310.270 to Seattle Municipal Code is adopted, as follows: 6.310.270 Transportation network company (TNC) operating responsibilities In addition to meeting the license application requirements set forth in Section 6.310.260, the TNC must: A. Maintain a business office that: 1. Is open and personally staffed all business days between 9 a.m. and 5 p.m., accessible by email and toll-free telephone lines (Class A); 2. Has a toll-free business telephone number and toll-free passenger complaint hotline that is answered during all hours that TNC drivers are operating. (Class A); 3. Has a mailing address and email address where the TNC representative will accept mail. (Class A); 4. Stores all records that this chapter requires the TNC to maintain including, but not limited to, copies of forhire drivers licenses and TNC vehicle endorsements (if applicable) of TNC drivers, lists of all TNC drivers and their affiliated vehicles, vehicle repair and service records, passenger comment records, new driver training records, vehicle insurance policies, and vehicle registrations, . Records may be maintained electronically. (Class A --each requirement); 5. Provides a system for passengers to retrieve lost articles. (Class A); B. Requires that each TNC driver's vehicle is insured as required in Sections 6.310.260 and 6.310.452. (revocation and Class C); C. Requires that each affiliated vehicle maintains the TNC's dress trade, if any, at all times while active on the TNC dispatch system. (Class B); D. Requires that TNC licensed drivers driving a TNC endorsed vehicle do not pick up hails, cruise or otherwise solicit trips. (revocation and Class C); E. Requires that TNC drivers driving a TNC endorsed vehicle do not take trips not dispatched by the TNC. (revocation and Class C); F. Requires that passengers be able to view a picture of the driver and vehicle license plate number on their smart phone, tablet or other mobile device used to connect with the TNC dispatch application before the trip is initiated. (Class B); G. May maintain a rating platform for TNC drivers and passengers to rate each other following a trip. TNCs shall ensure that such ratings are not based on unlawful discrimination, and that drivers do not discriminate against passengers or potential passengers on the basis of geographic endpoints of the ride, race, color, national origin, religious belief or affiliation, sex, disability, age, or sexual orientation/identity. (Class B); H. Maintain insurance as required by Section 6.310.260, (Class C and summary suspension) and maintain on file at the TNC's place of business proof of insurance required by Sections 6.310.260 and 6.310.452. (Class A); I. Send, by first class mail and email, to a TNC driver any correspondence from the Director within five business days after the TNC receives such correspondence and keeps a written record of the mailings (Class A); J. Collect, store, and quarterly provide reporting documents to the Director as outlined in Section 6.310.540. K. Notify the Director within two working days of the TNC having knowledge of the following: 1. A conviction, bail forfeiture or other adverse finding received by a TNC driver for any criminal offense or traffic violation that occurs during or arises out of the driver's operation of the vehicle while active on any TNC dispatch (Class A for traffic violation, Class B for any criminal offense), 2. A conviction, bail forfeiture or other adverse finding received by a TNC driver for any other criminal offense directly bearing on the driver's fitness to operate a vehicle or the affiliated driver's fitness to be licensed, including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution (Class B), 3. A vehicle accident required to be reported to the State of Washington involving any TNC driver (Class B), 4. Any restriction, suspension or revocation of a State of Washington driver's license issued to a TNC driver (Class B), and/or 5. Any matter listed in subsections 6.310.265.B.9 or 6.310.265.C (Class B); L. Notify the Director within five working days of any revocation of a TNC driver's access to the TNC dispatch application, for-hire license or TNC vehicle endorsement. (Class A); M. Comply with all regulations promulgated pursuant to this chapter (see applicable rules for penalties or actions); N. Employ a zero tolerance drug and alcohol policy with respect to TNC drivers as follows: 1. The TNC shall include a notice on its website, dispatch system application, and passenger trip confirmations of its zero-tolerance policy and the methods to report a driver the passenger reasonably suspects was under the influence of drugs or alcohol during the trip; 2. The website and application dispatch system must include a phone number, website link, and email to report a zero-tolerance complaint, as well as the phone number and email to report a zero-tolerance complaint to the Department of Finance and Administrative Services, Consumer Protection Unit, (Class B); O. Allow passengers to indicate whether they require a wheelchair-accessible vehicle and connect passengers to those services via a weblink, application, or phone number. P. Review criminal background checks on every TNC driver and maintain records thereof. Drivers convicted of any traffic and/or criminal offense directly bearing on the driver's fitness including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution shall not be permitted to provide TNC services. (Class B) Q. Review driving records of TNC drivers and maintain records thereof. Drivers with convictions within the last 7 years for any alcohol or drug related offense, reckless driving, hit and run, or driving with a suspended or revoked license shall not be permitted to provide TNC services. (Class B) R. Prior to providing TNC services and annually thereafter, require every affiliated vehicle to undergo a uniform vehicle safety inspection, approved by the Director, that utilizes an approved mechanic who shall certify in writing that the vehicle is mechanically sound and fit for driving. The approved mechanic shall certify in writing that the plates, decals, and customer notices required and supplied by the City are legible and properly displayed as specified by the Director by rule. Transportation network companies shall maintain vehicle inspection records. (revocation and Class C) S. Pay all penalties imposed by the Department that are either not contested or are upheld after review (revocation of license); T. Determine whether a TNC driver, who has been the victim of a crime of assault or robbery, has reported the crime to 911. If not, the TNC shall call 911 and report the crime immediately (Class B). U. Maintain a TNC license to operate in The City of Seattle as issued under this chapter (revocation and Class C). V. TNCs shall provide a written insurance disclosure to TNC drivers. The written insurance disclosure must include the following language: "[insert full corporate name and designation of TNC] confirms, in accordance with SMC 6.310.260.A.2., that while driver [insert driver's full name] is active on its TNC dispatch system as defined by SMC 6.310.110, the driver's vehicle is insured as required by RCW 46.72.050." (Class B.) W. Upon request, permit the Director to review any records as required to be kept under this chapter. (Class B) Section 17. A new Section 6.310.275 to Seattle Municipal Code is adopted, as follows: 6.310.275 Transportation network company (TNC) transfers in the interest of a transportation network company A TNC license is not transferable. However, an interest in a business entity holding a TNC license may be transferred, but only after the new owner or principal has submitted an application, met the standards and requirements contained in Sections 6.310.260 and 6.310.265 and secured written approval of the Director. Section 18. Section 6.310.300 of the Seattle Municipal Code, last amended by Ordinance 122763, is amended as follows:
6.310.300 Taxicab and for-hire vehicle license application(( *** C. The taxicab or for-hire vehicle license application shall include the following information: ***
4. (( 5. Insurance policy. a. During the provisional period described in subsection 6.310.335, file with the City evidence that each taxicab or for-hire vehicle for which a license is sought has liability insurance in an amount no less than required by RCW 46.72.050 and underinsured motorist coverage indicating a minimum coverage of $100,000 per person, and $300,000 per accident at any time while active on a TNC, application, radio, computer, taxicab or for-hire dispatch system, and/or when a taxicab or for-hire vehicle is 'operating,' which includes when: 1) there is a passenger in the vehicle; 2) the taxicab is parked in a taxi zone; 3) the taximeter is engaged; 4) the office dispatch records show that the vehicle had been dispatched; 5) the taxicab top light is illuminated; 6) the trip records shows that the vehicle has started a shift and there is no entry for ending a shift; or 7) the for-hire driver has offered transportation services to a passenger. The insurance policy must be submitted to the Director. The insurance policy shall: i. At a minimum be issued by either: a) an admitted carrier in the State of Washington with an A.M. Best Rating of not less than B VII or b) a surplus line insurer with an A.M. Best Rating of not less than B+ VII; ii. Name The City of Seattle as an additional insured, and iii. Provide that the insurer will notify the Director, in writing, of any cancellation and/or non-renewal at least 30 days before that cancellation and/or non-renewal takes effect.
b. By the first business day immediately following the conclusion of the provisional period, file with the City evidence that each taxicab or for-hire vehicle for which a license is sought has an insurance policy proving compliance with State
insurance requirements effective at that time. The insurance policy must be submitted to the Director. If there is no change to State insurance requirements by the conclusion of the provisional period, file with the City the (( I)) i nsurance
policy ((
i. ((
ii((
iii ((
iv ((
6. Certificate of underinsured motorist coverage indicating a minimum coverage of ((
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((1 *** Section 19. Section 6.310.305 of the Seattle Municipal Code, last amended by Ordinance 118341, is repealed:
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Section 20. Section 6.310.320 of the Seattle Municipal Code, last amended by Ordinance 122802, is amended as follows:
6.310.320 Taxicab and for-hire vehicle((
No taxicab or for-hire vehicle, unless otherwise specifically provided herein, licensed by the City may lawfully operate within (( A. All applicable licenses specified in Section 6.310.130 are in force for the taxicab or for-hire vehicle (Misdemeanor or Class C);
B. For taxicabs only, and subject to ((
C. The vehicle model year can be no more than ten ((
D. The vehicle has insurance as required by ((
E. An approved mechanic has issued a valid certificate of safety based on a uniform vehicle safety inspection performed ((
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(( O. 1. As of the first license renewal period after the effective date of this ordinance, for-hire vehicle owners or companies with a color scheme composed solely of the yellow, orange, and/or green, or any combination thereof, used by taxicabs, shall repaint the hood, roof, and trunk of those vehicles a color distinct from those used by taxicabs. (summary suspension and Class B) 2. Any for-hire vehicle owner or company who obtains a new vehicle shall paint the hood, roof, and trunk of that vehicle a color distinct from the yellow, orange, or green used by taxicabs. (summary suspension and Class B) 3. The for-hire vehicle company shall submit two twoinch by two-inch sample color chips of the proposed color scheme to the Director. All proposed color schemes must be approved by the Director. (Class C); P. The for-hire vehicle must have a vehicle number approved with the Director (summary suspension and Class B); Q. The for-hire vehicle must be clearly marked as "flat rate" on its exterior (summary suspension and Class B); R. Signs, including notices, announcements, pictures, advertisements or other messages, are allowed in or on taxicabs only as prescribed by this Chapter and by rule promulgated by the Director concerning the manner in which such signs may be displayed, including, but not limited to, requirements concerning the number of signs per vehicle, placement on or within vehicles, size limitations, and devices or mechanisms used to display such signs (Class A);
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(( V. A top light may only be used by taxicabs; W. Any other requirements set forth in regulations adopted pursuant to this chapter (safety regulations---Class B; nonsafety regulations---Class A). Section 21. A new Section 6.310.325 is added to the Seattle Municipal Code as follows: 6.310.325 Vehicles affiliated with a transportation network company (TNC) vehicle operating requirements No vehicle affiliated with a TNC shall operate within The City of Seattle to transport passengers for compensation unless the following minimum vehicle requirements are met: A. The vehicle is a taxicab or for-hire vehicle licensed under this chapter, or the vehicle has a TNC vehicle endorsement. B. Affiliated with a licensed transportation network company; C. Affiliated with a driver with a for-hire driver's license; D. The vehicle has insurance coverage as required by section 6.310.260; E. Passed the uniform vehicle safety inspection as required by subsection 6.310.270.R; and F. The vehicle model year can be no more than ten years prior to the license date. Section 22. A new Section 6.310.327 is added to the Seattle Municipal Code as follows: 6.310.327 Transportation network company (TNC) vehicle endorsement eligibility and application A. Within 120 days of the effective date of this ordinance, any person who wishes to affiliate and operate, or continue to affiliate and operate for a TNC using a personal vehicle shall submit an application for a TNC vehicle endorsement and, if not already a licensed for-hire driver, a for-hire driver's license, to the City. Failure to submit an application for a TNC vehicle endorsement and for-hire driver's license, shall subject a driver operating for a TNC to penalties pursuant to subsection 6.310.600. At the conclusion of 120 days following the effective date of this ordinance, all persons who wish to affiliate and operate for a TNC using a personal vehicle must first obtain a TNC vehicle endorsement and for-hire driver's license. B. The TNC vehicle endorsement is not valid and effective until and unless the driver obtains a for-hire driver's license under this chapter. The for-hire driver's application process is governed by Section 6.310.400. C. To apply for the TNC vehicle endorsement, the applicant shall complete, sign, swear to and file with the Director a TNC vehicle endorsement application on forms provided by the Director to include the following information: 1. Name, aliases, residence and business address, residence and business telephone numbers; 2. Place and date of birth which shall be at least 21 years prior to the date of application, height, weight, color of hair and eyes; 3. Washington State driver's license number. Providing the social security number is optional. The applicant must present his/her Washington State driver's license at time of application; 4. Proof that the applicant is authorized to work in the United States; 5. Evidence of vehicle insurance as required by Section 6.310.260; (denial of endorsement) 6. Evidence of for-hire driver's license; (denial of endorsement) 7. Proof that applicant's vehicle has passed the uniform vehicle safety inspection as required by subsection 6.310.270.R (denial of endorsement); and 8. Proof that applicant's vehicle model year is no more than ten years prior to the license date. (denial of endorsement) 9. Such other information as may be reasonably required by regulation promulgated under this chapter. 10. The above application and information must also be completed and supplied during any annual license renewal.The City will not process a TNC endorsement application if any required information or documentation is missing or incomplete. Completed applications and copies of required documentation shall be provided to the City by the TNC, taxicab association, for-hire vehicle company or by the for-hire vehicle licensee. Failure to meet any of these requirements shall result in the denial of the issuance of the TNC vehicle endorsement. All denials or revocations of TNC vehicle endorsement applications must be set forth in writing, together with the reasons for denial or revocation. The written denial shall be delivered either personally or by first class mail to the address provided by the applicant on the license renewal application. D. The TNC vehicle endorsement consists of a certificate that shall include the following information: 1. Vehicle identification number (VIN); 2. Registered owner's full legal name; 3. License plate number; 4. Expiration date; and 5. Unique certificate number that will correspond with the number on a TNC vehicle endorsement sticker affixed to the for-hire driver's license and with the number on a decal affixed to the affiliated vehicle. E. The TNC may submit the TNC vehicle endorsement application on behalf of the driver. Section 23. A new Section 6.310.328 is added to the Seattle Municipal Code as follows: 6.310.328 Transportation network company (TNC) vehicle endorsement standards for denial A. The Director shall deny any TNC vehicle endorsement application if the Director determines that: 1. The applicant has failed to submit a complete, satisfactory application pursuant to SMC Section 6.310.327; 2. The applicant has failed to affiliate with a licensed TNC; 3. The applicant has made any material misstatement or omission in the application for an endorsement; 4. The applicant fails to meet one or more of the applicant or vehicle requirements pursuant to Sections 6.310.325 and 6.310.327; and/or 5. Within three years of the date of application, the applicant has had a conviction, bail forfeiture or other final adverse finding of criminal fraud, larceny, theft, prostitution, extortion, racketeering, robbery, or violation of the Uniform Controlled Substances Act where such crime involved the use of the endorsed vehicle. B. The Director may deny any TNC vehicle endorsement application if the Director determines that: 1. Within five years of the date of application, the applicant has had a conviction, bail forfeiture, or other final adverse finding involving crimes reasonably related to the applicant's ability to operate a for-hire business, including but not limited to prostitution, gambling, fraud, larceny, extortion, income tax evasion; 2. Within two years of the date of application, the applicant has been found, either through a criminal conviction, bail forfeiture or other final adverse finding (including in a civil suit or administrative proceeding) to have exhibited past conduct in driving or operating a for-hire vehicle for-hire business which 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; 3. Within two years of the date of application, the applicant has engaged in the business of operating any taxicab or for-hire vehicle within The City of Seattle without a current valid license from The City of Seattle; 4. Within twelve months of the date of application, the applicant has violated King County or Port of Seattle ordinance or regulation pertaining to the operation of taxicabs while in those jurisdictions, if such violation would constitute grounds for license revocation or denial if occurring within the City; and/or 5. Within twelve months of the date of application, the applicant has had its City of Seattle for-hire vehicle license revoked. Section 24. A new Section 6.310.329 is added to the Seattle Municipal Code as follows: 6.310.329 TNC vehicle endorsement expiration and renewal A. All TNC vehicle endorsement shall be effective for no more than one year and shall expire the same day as the for-hire driver's license it endorses. B. TNC driver must renew the TNC vehicle endorsement every year. No TNC vehicle endorsement may be renewed unless all outstanding penalties assessed against the for-hire driver of the endorsed vehicle are paid in full to the Director. C. The Director shall grant all timely submitted and completed renewal applications of qualified TNC drivers; provided, however, that the Director shall deny any renewal application if grounds exist for the Director to deny an endorsement pursuant to Section 6.310.327 or Section 6.310.328 A. If no such grounds exist, the Director shall examine all Department records on the endorsed vehicle and may deny the renewal if grounds exist that would justify denial under Section 6.310.328 B. Section 25. Section 6.310.330 of the Seattle Municipal Code, last amended by Ordinance 124256, is amended as follows:
6.310.330 Taxicab licensee and for-hire vehicle licensee responsibilities((
A. The licensee of a taxicab or for-hire vehicle must personally verify that the taxicab or for-hire vehicle is being operated only by a driver who holds a valid for-hire driver's license (suspension (five ((
B. The taxicab or for-hire vehicle licensee must maintain an ((
C. The taxicab licensee shall comply with all requirements for taxicabs under the taxicab association requirements listed in ((
D. The taxicab or for-hire vehicle licensee must notify the Director within three (( 1. Any conviction, bail forfeiture or other final adverse finding received by the taxicab driver or for-hire vehicle driver, for any criminal offense that occurs during, or arises out of, the driver's operation of a taxicab or for-hire vehicle (Class B); 2. Any conviction, bail forfeiture or other final adverse finding received by the taxicab or for-hire vehicle driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or any related offense (Class B); 3. Any vehicle accident required to be reported to the State of Washington involving any taxicab operated by the taxicab driver or for-hire vehicle operated by the for-hire driver (Class B); or 4. Any restriction, suspension or revocation of the taxicab or for-hire vehicle driver's motor vehicle driver's license (Class B).
E. The taxicab or for-hire vehicle licensee must maintain daily trip ((
F. The taxicab or for-hire vehicle's licensee and driver shall permit the Department to inspect the vehicle without notice, upon request (suspension and Class B). ***
I. The taxicab or for-hire vehicle licensee shall ensure that all inspection times scheduled by the Director, if applicable, are kept (suspension, (( J. Prior to providing for-hire vehicle services and annually thereafter, require every affiliated vehicle to undergo a uniform vehicle safety inspection, approved by the Director, that utilizes approved mechanics who shall certify in writing that the vehicle is mechanically sound and fit for driving. The approved mechanic is responsible for checking that the plates, decals, customer notices, and other markings, as required and supplied, if applicable, by the City are legible and properly displayed as specified by the Director by rule. For-hire vehicle companies or for-hire vehicle licensees shall maintain vehicle inspection records (revocation and Class C). The taxicab or for-hire vehicle licensee shall comply with any written notice of violation issued by the Director, including notices suspending or revoking a vehicle license, and notices requiring repair (suspension and Class B).
K. A wheelchair accessible taxicab licensee must personally drive the vehicle a minimum of ((
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1. Corporations held by a single shareholder provided that the taxicab must be personally operated by the single shareholder for a period of three ( (
2. Limited liability companies comprised of a single member provided that the taxicab must be personally operated by the single member for a period of three ( (
For a period of three (( 3. At the time of the transfer of any taxicab license occurring after August 1, 2008, the transferor(s) and transferee(s) of the license shall report to the Director the amount of consideration, if any, paid by the transferee to the transferor in exchange for the transfer of the license. The amount of consideration shall be reported in a manner determined by rule promulgated by the Director. The failure to report, or the reporting of false information, shall be grounds for suspension or revocation of the license. In creating and maintaining records of the amount of consideration paid, the Director shall not identify the transferees and transferors, nor shall the Director require the submission of any records that identify the transferees and transferors.
4. ((
(( Section 26. A new Section 6.310.335 is added to the Seattle Municipal Code as follows: 6.310.335 Provisional Insurance Requirements A. Upon the effective date of this ordinance and until the earlier of 1) the effective date of changes to State insurance requirements for for-hire transportation services or 2) two weeks after the end of the 2015 Washington State legislative session hereafter "provisional period", the registered owners of taxicabs, for-hire vehicles, and vehicles with a transportation network company endorsement, or the taxicab association representative, for-hire vehicle licensee or company, or transportation network company on behalf of the registered owner shall: 1. File with the City evidence that each vehicle has liability insurance in an amount no less than required by RCW 46.72.050 and underinsured motorist coverage indicating a minimum coverage of $100,000 per person, and $300,000 per accident at any time while active on a TNC, application, radio, computer, taxicab or for-hire dispatch system, and/or when a taxicab or for-hire vehicle is 'operating,' which includes when: 1) there is a passenger in the vehicle; 2) the taxicab is parked in a taxi zone; 3) the taximeter is engaged; 4) the office dispatch records show that the vehicle had been dispatched; 5) the taxicab top light is illuminated; 6) the trip records shows that the vehicle has started a shift and there is no entry for ending a shift; or 7) the for-hire driver has offered transportation services to a passenger. The insurance policy, and any related driver contracts if applicable, must be submitted to the Director. The insurance policy shall: i. At a minimum be issued by either: a) an admitted carrier in the State of Washington with an A.M. Best Rating of not less than B VII or b) a surplus line insurer with an A.M. Best Rating of not less than B+ VII; ii. Name The City of Seattle as an additional insured, and iii. Provide that the insurer will notify the Director, in writing, of any cancellation and/or nonrenewal at least 30 days before that cancellation and/or nonrenewal takes effect. B. By the first business day immediately following the conclusion of the provisional period, the registered owners of taxicabs, for-hire vehicles, and vehicles with a transportation network company endorsement, or the taxicab association representative, for-hire vehicle licensee or company, or transportation network company on behalf of the registered owner must have on file with the City evidence that each vehicle has an insurance policy proving compliance with State insurance requirements effective at that time. The insurance policy and any related driver contracts if applicable, must be submitted to the Director. (Summary suspension). If there is no change to State insurance requirements by the conclusion of the provisional period, the registered owners of taxicabs, for-hire vehicles, and vehicles with a transportation network company endorsement, or the taxicab association representative, forhire vehicle licensee or company, or transportation network company on behalf of the registered owner shall provide evidence that each vehicle has an insurance policy that complies with subsections 6.310.260g or 6.310.300 C.5.b and C.6. Section 27. Section 6.310.340 of the Seattle Municipal Code, last amended by Ordinance 122763, is amended as follows:
6.310.340 Taxicab and for-hire vehicle---(( A for-hire vehicle or taxicab license may be transferred subject to the following restrictions and/or conditions:
A. New taxicab licenses issued after December 31, 2007 are not transferable for a period of (( *** Section 28. Section 6.310.400 of the Seattle Municipal Code, last amended by Ordinance 121738, is amended as follows:
6.310.400 For-hire driver's license application(( A. For an initial for-hire driver's license and annually thereafter, a for-hire driver , or a taxicab association, for-hire vehicle licensee or company, or transportation network company on behalf of the for-hire driver, must complete, sign, swear to and file with the Director a for-hire driver's license application on forms provided by the Director. Application materials may be submitted online or through email. For-hire driver's licenses approved through applications received online or through email must be picked up directly from the licensing agency, whereupon the licensee applicant must show proof of photo identification. When issued to an applicant affiliated with a TNC, the for-hire license shall read "for-hire permit" on the associated license, but shall remain subject to all for-hire driver licensee duties and obligations in this Chapter. The application shall include the following information : 1. Name, aliases, residence and business address, residence and business telephone numbers;
2. Place and date of birth (which shall be at least (( 3. Washington State driver's license number. Providing the social security number is optional. The applicant must present his/her Washington State driver's license or a copy thereof of at time of application; 4. Proof that the applicant is authorized to work in the United States;
5. (( 6. Information indicating whether or not the applicant has ever had a for-hire or driver's license suspended, revoked, or denied and for what cause;
7. A copy of the applicant's driving abstract from the Washington State Department of Licensing or ((
8. Statement of applicant listing all reportable accidents and all moving violations the applicant was involved in during the previous three (( 9. Completion of a driver education course and associated tests. The driver training program shall include: a. Completion of the National Safety Council's Defensive Driving Course; and b. Completion of at least one additional driving training program approved by the Director. 10. On forms provided by the Director, the applicant will provide a statement under penalty of perjury of their physical and mental fitness to act as a for-hire driver. 11. All applications for for-hire driver's licenses become void if the applicant, for any reason other than delay caused by the City, fails or neglects to complete the application process or obtain a license within 60 days of submitting an application.
12. ((
((
Section 29. Section 6.310.405 of the Seattle Municipal Code, last amended by Ordinance 118341, is amended as follows:
6.310.405 Criminal ((
(( A. All applicants for a for-hire driver's license, taxicab license. or for-hire vehicle license must consent to a criminal background check. An applicant shall either: 1. Be fingerprinted for a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check by the Director pursuant to RCW 35.21.920 to regulate the issuance of licenses of those engaged in taxicab, for-hire, and TNC occupations and activities. The applicants' criminal history record information shall be forwarded to the licensing agency. or 2. Have a copy of a criminal background check provided directly from a Director-approved third party vendor. The director will annually issue the list of approved third party background check vendors. Approved vendors, at a minimum must: a. Include local, state, and national databases; b. Access at least five years of database history; and c. Demonstrate competency in providing accurate information. Section 30. Section 6.310.410 of the Seattle Municipal Code, last amended by Ordinance 118341 is amended as follows:
6.310.410 For-hire driver ((
A. ((
B. The Director may at any time require any forhire licensee or applicant to be ((
((
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(( Section 31. Section 6.310.415 of the Seattle Municipal Code, last amended by Ordinance 121738, is amended as follows:
6.310.415 For-hire driver training program((
A. ((
B. Driver training programs may be completed through the City of Seattle and C. Content and testing processes for all training programs must be submitted for approval by the Director on an annual basis. Driver training programs at a minimum must include:
1. Information about defensive driving, use of emergency procedures and equipment for the driver's personal safety, risk factors for crimes against for-hire drivers, enhancement of driver/passenger relations, and (( 2. Completion of the National Safety Council Defensive Driving Course.
(( 1. A taxicab association or transportation network company with which the for-hire driver is affiliated requests that the for-hire driver receive a refresher course; or 2. The Director has reasonable grounds, based on documented complaints and/or violations, to believe that a refresher course is necessary (suspension).
(
(( Section 32. Section 6.310.420 of the Seattle Municipal Code, last amended by Ordinance 121738, is amended as follows:
6.310.420 For-hire driver ((
A. (( B. Examination procedures and content must be approved by the Director and must test the applicant's: 1. Knowledge of taxicab, for-hire vehicle , transportation network company vehicle endorsement and forhire driver requirements contained in applicable codes and regulations; 2. Ability to speak and understand oral and written English sufficient for fulfilling the minimum acceptable standards for a taxicab, for-hire vehicle and/or for-hire driver; 3. Knowledge of vehicle safety requirements; 4. Knowledge of the geography of Seattle, King County and surrounding areas, and knowledge of local public and tourist destinations and attractions; and 5. Knowledge of risk factors for crimes against forhire drivers, emergency procedures, and taxicab equipment for driver's personal safety.
((
C. An applicant who fails the ((
D. (( Section 33. Section 6.310.425, which was last amended by Ordinance 121738, is amended as follows: 6.310.425 For-hire driver temporary permit(( . ))
A. Pending final action on a for-hire driver's license application, the Director shall ((
C. The temporary license shall become void immediately upon (1) suspension, revocation or expiration of the applicant's Washington State driver's license, (2) issuance of the for-hire driver's license, or (3) the Director's denial of the for-hire driver's license application, regardless whether the applicant appeals that denial. Section 34. Section 6.310.450 of the Seattle Municipal Code, last amended by Ordinance 122763, is amended as follows:
SMC 6.310.450 For-hire driver operating standards(( ***
C. A for-hire driver, before starting each shift, shall check the ((
D. A for-hire driver, before starting each shift, shall ensure that (( ***
((
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(( Section 35. A new Section 6.310.452 is added to the Seattle Municipal Code as follows: 6.310.452 TNC driver operating, conduct, and passenger relations standards In addition to meeting the for-hire operating standards set forth in Section 6.310.450, the TNC drivers must meet the following operating, conduct, and passenger relations standards: A. Drivers operating for a transportation network company shall not transport passengers for compensation without: 1) first obtaining and maintaining a valid for hire driver's license; (first violation, civil penalty; subsequent violation, misdemeanor; both Class C) and 2) using a vehicle that is a forhire vehicle or taxicab licensed under this chapter, or a vehicle with a TNC vehicle endorsement. (Class C) B. TNC drivers shall not be in control of a for-hire vehicle for more than 12 hours spread over a total of 15 hours in any 24-hour period. Thereafter, such TNC driver shall not drive any for-hire vehicle until ten consecutive hours have elapsed. For the purposes of this subsection, hours driven in for-hire vehicles in other platforms (taxicabs, for-hire vehicles) are aggregated. (suspension and Class B); C. TNC drivers, while active on the TNC dispatch system, shall not operate a vehicle that is unaffiliated with a TNC to transport passengers. (Class C and revocation) D. TNC drivers shall have evidence of vehicle insurance as required by Section 6.310.260 in their possession at all times when active on the TNC dispatch system. (Class B) E. TNC drivers shall maintain a personal auto insurance policy provided, that if the insurance policy lapses or is canceled, or a vehicle is deleted from the policy, proof of a new policy including the vehicle must be filed with the Director before the vehicle is canceled or deleted from the previous policy (summary suspension); F. TNC drivers shall immediately notify the transportation network company and the Seattle Police Department when the TNC driver has been the victim of a crime (Class B). G. TNC drivers shall not accept payment of cash fare. Payment shall only be made electronically via the TNC application dispatch system. (Class B). H. TNC endorsed drivers driving with a TNC endorsed vehicle shall not pick up, cruise or otherwise solicit trips (Class C and revocation) I. TNC drivers shall, at the end of each trip, check the vehicle for any article(s) that are left behind by passenger(s). Such articles are to be reported to the TNC as found property (Class A); J. TNC drivers shall have in the driver's possession a valid Washington State driver's license, a valid for-hire driver's license, and documentation that they are affiliated with a licensed TNC at any time the TNC driver is active on the TNC dispatch system. (suspension and Class B); K. The for-hire driver of a TNC endorsed vehicle shall permit the Department to inspect the TNC endorsed vehicle upon request. (suspension and Class B). Section 36. Section 6.310.455 of the Seattle Municipal Code, last amended by Ordinance 122763, is amended as follows:
6.310.455 For-hire driver conduct standards(( ***
Q. A for-hire driver shall not operate a taxicab unless the ((
R. A for-hire driver shall not use a (( ***
((
Section 37. Section 6.310.460, which was last amended by Ordinance 122763, is amended as follows: 6.310.460 For-hire driver taxicab meter/rates standards. ***
F. A for-hire driver shall ensure daily trip records are accurate and complete ((
Section 38. Section 6.310.465 of the Seattle Municipal Code, which Section was last amended by Ordinance 122763, is amended as follows:
6.310.465 For-hire driver((
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(( 1. The for-hire driver has already been dispatched on another call; 2. The for-hire driver arrives at the place of pick-up and upon arrival the passenger is acting in a disorderly or threatening manner, or otherwise is acting in a manner that would cause a reasonable person to believe that the for-hire driver's health or safety, or that of others, may be endangered; 3. The passenger cannot, upon request, show ability to pay the fare; or 4. The passenger refuses to state a specific destination upon entering the taxicab (Class B).
((
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(( M. A for-hire driver must be clean and neat in dress and person and present a professional appearance to the public. Section 39. Section 6.310.470 of the Seattle Municipal Code, which Section was last amended by Ordinance 122763, is amended as follows:
6.310.470 For-hire driver soliciting and cruising standards((
A. Taxicabs((
1. A for-hire driver may solicit passengers only from the driver's seat or standing immediately adjacent to the taxicab (within (( 2. A for-hire driver shall not use any other person to solicit passengers (Class A). 3. A for-hire driver shall not hold out the taxicab for designated destinations (Class A).
4. A for-hire driver shall not park a taxicab and wait for walk up passengers in a marked passenger load zone, truck load zone, or charter bus zone. A for-hire driver may drop off passengers or pick up hailed trips in a passenger load zone except as
provided by ((
B. For-hire ((
(( 1. A for-hire driver in a for hire vehicle licensed under this chapter may solicit passengers only from the driver's seat or standing immediately adjacent to vehicle (within 12 feet), and only when the vehicle is safely and legally parked (Class A). 2. A for-hire driver shall not use any other person to solicit passengers (Class A).
(( 3. A for-hire driver in a for hire vehicle licensed by this chapter is prohibited from picking up passengers in a designated taxi zone, including any taxi zone located in front of a hotel (Class B). C. Transportation network company (TNC) endorsed vehicles 1. TNC endorsed vehicles are prohibited from soliciting passengers, from cruising for passengers, or from picking up passengers in a taxi zone (Class C). D. Unlicensed vehicles 1. Vehicles providing for-hire transportation services in the City of Seattle without a City for-hire vehicle license, taxicab license, or TNC endorsement are prohibited from soliciting passengers, cruising for passengers, or from picking up passengers in a taxi zone. (First violation, civil infraction, second violation, misdemeanor) Section 40. Section 6.310.475 of the Seattle Municipal Code, which Section was last amended by Ordinance 121738, is amended as follows: 6.310.475 For-hire driver taxi zone standards and number of taxi zones((. ))
A. A for-hire driver shall not leave the taxicab unattended in a taxicab zone for more than (( B. A for-hire driver shall occupy a taxicab zone only when available for hire (Class A). C. A for-hire driver shall not perform engine maintenance or repairs on the taxicab while in a taxicab zone (Class A).
D. A for-hire driver cannot use a passenger load zone located within ((
E. For hire-drivers cannot use a taxicab zone while under suspension from that taxicab zone (Class B and suspended from using the taxicab zone for (( F. Within one year of the effective date of this ordinance, the City shall work with industry stakeholders to determine appropriate locations of 10 additional taxi zones and shall establish 10 additional taxi zones. Section 41. Section 6.310.500 of the Seattle Municipal Code, which Section was last amended by Ordinance 122763, is amended as follows:
6.310.500 Taxicabs((
A. The total number of taxicab licenses in effect at any one ((
B. The number of for-hire vehicle licenses in effect at any one ((
C. The Director may, at the Director's discretion, issue wheelchair accessible taxicab licenses to special service vehicles used to provide transportation to disabled persons defined in KCC 6.64.010 or to handicapped persons as defined in
((
D. If the Director determines that issuance of additional taxicab licenses is warranted, not to exceed the maximum allowable taxicab licenses issued pursuant to subsection A of this (( 1. A competitive request for proposal and award process under which licenses will be issued to applicants whose proposals demonstrate that they are most able to meet the needs of the public in providing taxicab service by meeting qualifications prepared by the Director that are not in conflict with the general provisions of this chapter; or 2. Pursuant to a lottery of qualified applicants; or 3. Pursuant to a combination of both procedures as prescribed by rule adopted by the Director. The rule shall include minimum qualifications for taxicab license applicants, including but not limited to the driving and conduct records of prospective applicants.
E. The Director shall issue 35 additional taxicab licenses in 2015. The Director shall issue 55 additional taxicab licenses each year in 2016, 2017, and 2018. Each of these issuances shall be done by lottery pursuant to the methods described in
subsection 6.310.500.D.2 To be eligible for the issuance of these new taxicab licenses, an applicant must either: 1) have no more than a 50% ownership interest in a licensed for-hire vehicle or licensed taxicab, or 2) relinquish any ownership interest
beyond 50% in a licensed for-hire vehicle or licensed taxicab prior to and as a condition of the issuance of the new license. For purposes of this subsection, relinquish means to surrender the for-hire vehicle or taxicab license to the
original licensing agency or transfer the interest to another licensed for-hire driver whose ownership interest in a licensed for-hire vehicle or licensed taxicab may not exceed 50%. Section 42. Section 6.310.520, which was last amended by Ordinance 118341, is amended as follows:
6.310.520 Director's reports(( When requested by the Seattle City Council, the Director shall file a report with the
Seattle City Council based upon data collected on (( A. Number of taxicabs , for-hire, and TNC endorsed vehicles licensed or endorsed in Seattle/King County during the reporting period and during the preceding year; B. Number of drivers licensed in Seattle/King County during the reporting period and during the preceding year; C. Numbers and nature of complaints; D. Results of any survey of taxicab response times and any changes in response times from previous reporting periods; E. Results of meter readings; F. Any other information deemed appropriate by the Director. Section 43. Section 6.310.530 of the Seattle Municipal Code, which Section was last amended by Ordinance 123939, is amended as follows:
6.310.530 Rates(( A. Taxicab rates
1. The rates for taxicabs licensed to operate in Seattle shall be established by the ((
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(( 2. Pending a Director's rule establishing new taximeter rates, and while not operating on an application dispatch system, the following taximeter rates govern. Except for special or contract rates as provided for in this chapter, or any per trip fee established by the Port of Seattle and set forth in any operating agreement or tariff, or an airport flat rate defined in this section 6.310.520 , or a temporary fuel surcharge authorized by the Director pursuant to subsection I of this section 6.310.520 , or any toll or charge established for roads, bridges, tunnels or ferries, it shall be unlawful for anyone operating a taxicab licensed by The City of Seattle to advertise, charge, demand or receive any greater or lesser rate than the following: Meter rate:
((
((
(( (charged at $0.30 per 36 seconds)
(( * Waiting time rates are charged when taxicab speed is less than 11 miles per hour or when a taxicab driver is asked to wait for the customer.
((
(( i. The total fare or fare range is clearly displayed on the application upon requesting a ride, but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. ii. The rate by distance and/or time is clearly displayed on the application upon requesting a ride but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. iii. The cost of the ride is made clear to the passenger prior to confirming the ride through an alternative method deemed acceptable by the Director. b. Special rates as defined in this chapter shall be calculated as a fraction or percentage of the meter rate or a fixed dollar amount per trip.
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(( 1. If using an application dispatch system, written documentation explaining and/or a physical demonstration on an application showing that the rate structure is transparent to the rider prior to confirming the ride shall be provided to the Director. Rates do not need to be filed with the Director. The Director shall determine that the rate structure is transparent if: a. The total fare or fare range is clearly displayed on the application upon requesting a ride, but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. b. The rate by distance and/or time is clearly displayed on the application upon requesting a ride but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. c. The cost of the ride is made clear to the passenger prior to confirming the ride through an alternative method deemed acceptable by the Director.
((
(( 4. Unless using application dispatch , the use of coupons or discounts to establish a lower rate, or a rate not provided within this section 6.310.530, is prohibited (Class A each incident). C. Transportation network company rates 1. Written documentation explaining or demonstrating that the application dispatch rate structure is transparent to the rider prior to confirming the ride shall be provided to the Director. The Director shall determine that the rate structure is transparent if: a. The total fare or fare range is clearly displayed on the application upon requesting a ride, but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. b. The rate by distance and/or time is clearly displayed on the application upon requesting a ride but before confirming the ride. Any variables that may result in additional or higher charges such as tips, waiting time, demand pricing, or any other surcharges shall be clearly articulated on the application before confirming a ride. c. The cost of the ride is made clear to the passenger prior to confirming the ride through an alternative method deemed acceptable by the Director.
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(( Section 44. A new Section 6.310.540 to Seattle Municipal Code is adopted, as follows: 6.310.540 Reporting responsibilities A. Transportation Network Companies, Taxi Associations, and For-Hire vehicle companies shall maintain accurate and complete operational records as provided by for-hire drivers, taxicab and for-hire vehicle licensees, and TNC endorsement holders in subsection 6.310.540E for two years, including, but not limited to: 1. Total number of rides provided by each taxi or forhire vehicle license holder or individual Transportation Network Company; 2. Type of dispatch for each ride (hail, phone, app, etc.) 3. Percentage or number of rides picked up in each zip code; 4. Pick up and drop off zip codes of each ride; 5. Percentage by zip code of rides that are requested but unfulfilled;(phone or app only) 6. Number of collisions; including the name and number of the affiliated TNC, taxicab, and for-hire driver, collision fault, injuries, and estimated damage; 7. Number of requested rides for an accessible vehicle; 8. Crimes against driver reports; 9. Passenger complaints; and 10. Any other data identified by the Director to ensure compliance. B. Records may be maintained electronically. C. On a quarterly basis, Transportation Network Companies, Taxi Associations, and For-Hire Vehicle Companies must submit complete data to the Director via electronic reporting forms made available by the Director. (Class C) D. If a public records request is made of the City for documents that have been designated by the providing party as confidential or proprietary, the City shall provide third party notice to the providing party prior to disclosure. E. For-hire drivers, taxicab and for-hire vehicle licensees, and TNC endorsement holders must provide full and accurate information per Section 6.310.540.A to transportation network companies, taxi associations, and for-hire vehicle companies on a weekly basis. (Class A each requirement) Section 45. Section 6.310.600 of the Seattle Municipal Code, which Section was last amended by Ordinance 121857, is amended as follows:
6.310.600 Penalties((
(( A. Each violation of subsections 6.310.130.A, 6.310.130.B or 6.310.452.A shall be a civil infraction as contemplated by RCW Chapter 7.80 and deemed to be a Class 1 civil infraction under RCW 7.80.120(a), and shall subject the violator to a maximum penalty and default amount of $1,000, inclusive of statutory assessments. B. The first violation of subsection 6.310.470.D shall be a civil infraction as contemplated by RCW Chapter 7.80 and deemed to be a Class 1 civil infraction under RCW 7.80.120(a), and shall subject the violator to a maximum penalty and default amount of $500, inclusive of statutory assessments. 1. As contemplated by RCW 7.80.160, a person who, after receiving a notice of civil infraction that includes a statement of the options provided in RCW Chapter 7.80 for responding to the notice and the procedures necessary for exercising these options, knowingly fails to exercise one of the options within 15 days of the date of the notice is guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation and none of the mental states described in Section 12A.04.030 need be proved, regardless of the disposition of the notice of civil infraction. A person who willfully fails to pay a monetary penalty or perform community service as ordered by a court may be found in contempt of court as provided in RCW Chapter 7.21. 2. An action for a civil infraction shall be initiated and processed in the manner contemplated by RCW Chapter 7.80 and the Infraction Rules for Courts of Limited Jurisdiction. For purposes of RCW 7.80.040, the "enforcement officer" authorized to enforce the provisions of subsections 6.310.130.A and 6.310.130.B and 6.310.452.A are: (1) the Director of the Seattle Department of Finance and Administrative Services and authorized representatives or assistants of him or her; and (2) a commissioned officer of the Seattle Police Department and a person issued a Special Police Officer Commission by the Chief of Police with authority to enforce this title. C. Each subsequent violation of subsections 6.310.130.A, 6.310.130.B, 6.310.452.A, or 6.310.470.D within five years of the prior violation is a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation and none of the mental states described in Section 12A.04.030 need be proved. The Director may request that the City Attorney prosecute such violations criminally as an alternative to the civil infraction procedure outlined in this chapter. D. Each violation of subsections 6.310.130.C -6.310.130.E shall be a civil infraction as contemplated by RCW Chapter 7.80 and deemed to be a Class 1 civil infraction under RCW 7.80.120(a), and shall subject the violator to a maximum penalty and default amount of $10,000, inclusive of statutory assessments. 1. As contemplated by RCW 7.80.160, a person who, after receiving a notice of civil infraction that includes a statement of the options provided in RCW Chapter 7.80 for responding to the notice and the procedures necessary for exercising these options, knowingly fails to exercise one of the options within 15 days of the date of the notice is guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation and none of the mental states described in Section 12A.04.030 need be proved, regardless of the disposition of the notice of civil infraction. A person who willfully fails to pay a monetary penalty or perform community service as ordered by a court may be found in contempt of court as provided in RCW Chapter 7.21. 2. An action for a civil infraction shall be initiated and processed in the manner contemplated by RCW Chapter 7.80 and the Infraction Rules for Courts of Limited Jurisdiction. For purposes of RCW 7.80.040, the "enforcement officer" authorized to enforce the provisions of subsections 6.310.130.C and 6.310.130.D and 6.310.130.E are: (1) the Director of the Seattle Department of Finance and Administrative Services and authorized representatives or assistants of him or her; and (2) a commissioned officer of the Seattle Police Department and a person issued a Special Police Officer Commission by the Chief of Police with authority to enforce this title. E. Each subsequent violation of subsections 6.310.130.C, 6.310.130.D or 6.310.130.E within five years of the prior violation is a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation and none of the mental states described in Section 12A.04.030 need be proved. The Director may request that the City Attorney prosecute such violations criminally as an alternative to the civil infraction procedure outlined in this chapter.
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(( Section 46. Section 6.310.605 of the Seattle Municipal Code, which Section was last amended by Ordinance 121738, is amended as follows:
6.310.605 Monetary ((
A. For-hire ((
B. Taxicab ((
As soon as an association , for-hire vehicle company, or TNC accumulates more than five ((
Upon renewal of the taxicab association or TNC license, the association or TNC will start the new year with zero (( A Class C violation by a TNC shall result in revocation of the TNC license.
C. Taxicab or ((
D. Taxicab (( Section 47. Section 6.310.610 of the Seattle Municipal Code, which Section was last amended by Ordinance 122763, is amended as follows:
6.310.610 Suspension or revocation(( ***
C. Revocation (( 1. Any License. The Director shall revoke a license issued under this chapter if the Director determines that: a. The licensee has violated any of the provisions of this chapter that indicate a revocation as a penalty in parentheses after the provision; b. The license application contained a material misstatement or omission;
c. The licensee fails to pay a monetary penalty imposed under this chapter within 90 (( *** 3. Transportation network companies (TNC) a. The Director shall revoke a TNC license if during the license period: i. The TNC, or any person employed to manage Seattle operations, receives a bail forfeiture, conviction or other final adverse finding for crimes of fraud, theft, larceny, extortion, embezzlement, racketeering, Uniform Controlled Substances Act, prostitution, alcohol and/or narcotics where the commission of such crimes involved or used a TNC or for-hire vehicle. If the employee is (a) removed immediately from all operational or management duties or authority and (b) is divested of all ownership in the TNC as soon as possible, the license may be reinstated; ii. The TNC, or any person employed to manage Seattle operations, receives a bail forfeiture, conviction or other final adverse finding involving crimes directly related to the applicant' s ability to operate a TNC, including but not limited to prostitution, gambling, fraud, larceny, extortion, income tax evasion. If the employee of the TNC found in violation of this subsection is (a) removed immediately from all operational or management duties or authority and (b) is divested of all ownership in the TNC as soon as possible, the license may be reinstated; iii. Knowingly permits an affiliated vehicle to be active on the TNC dispatch system that has not undergone a uniform vehicle safety inspection as required by 6.310.270; iv. Has failed to meet the insurance requirements outlined in Section 6.310.260; v. An affiliated driver is active on the TNC dispatch system without effective and proper vehicle insurance as required in this chapter; vi. Fails to pay all penalties imposed by the Department that are either not contested or are upheld after review; or vii. The TNC has committed one Class C violations in any one year period. b. The Director may revoke a TNC license if during the license period the TNC: i. Dispatches to an unlicensed or unaffiliated driver; ii. Dispatches to an unaffiliated vehicle; iii. Dispatches to a vehicle that is neither a for-hire vehicle or taxicab, nor a vehicle with a TNC vehicle endorsement; iv. Knowingly permits a third party to use the TNC dispatch system; v. Knowingly permits a TNC endorsed driver driving a TNC endorsed vehicle to pick up hails, cruise, or otherwise solicit trips; vi. Knowingly allows a TNC driver driving a TNC endorsed vehicle to take trips not dispatched by the TNC; vii. Fails to review driving records of TNC drivers and maintain records thereof; viii. Knowingly permits TNC drivers with any conviction listed in subsection 6.310.270 to continue affiliating with a TNC and/or operating as a TNC driver.
(( a. The Director shall revoke a taxicab or forhire vehicle owner license if: i. The licensee, or any officer, director, general partner, managing partner or principal of the licensee, has had a conviction, bail forfeiture or final adverse finding of criminal fraud, larceny, theft, prostitution, extortion, racketeering, robbery or violation of the Uniform Controlled Substances Act, where the crime is associated with operating a taxicab or for-hire vehicle;
ii. The licensee has had the license suspended twice within a one ((
((
((
(( b. The Director may revoke a taxicab or for-hire vehicle license if: i. The licensee, or any officer, director, general partner, managing partner or principal of the licensee, receives a bail forfeiture or conviction 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, income tax evasion; or
((
(( a. The Director shall revoke a for-hire driver's license if: i. The for-hire driver receives a bail forfeiture, conviction, or other final adverse finding for crimes pertaining to hit-and-run, or for crimes pertaining to driving under the influence of alcohol or controlled substances while operating a taxicab or for-hire vehicle; or ii. The for-hire driver's Washington State driver's license expires or is revoked; or
iii. The for-hire driver has committed one (( b. The Director may revoke a for-hire driver's license if: i. The for-hire driver is found to be in possession of illegal drugs or an open container of alcohol while in control of or while operating any taxicab or for-hire vehicle; or ii. The for-hire driver has received a conviction, bail forfeiture, or other final adverse finding involving crimes pertaining to prostitution, gambling, physical violence, Uniform Controlled Substances Act, fraud, theft, robbery, larceny, burglary, extortion and/or crimes directly related to the driver's ability to operate a taxicab. 6. Transportation network company (TNC) drivers a. The Director shall revoke the for-hire license of a transportation network company driver, if, while active on the TNC dispatch system: i. The TNC driver receives a bail forfeiture, conviction, or other final adverse finding for crimes pertaining to hit-and-run, or for crimes pertaining to driving under the influence of alcohol or controlled substances while operating a TNC endorsed vehicle; ii. The TNC driver's Washington State driver's license expires or is revoked provided that if the TNC driver's Washington State driver's license expires, the driver may obtain reinstatement upon proof of renewal within 30 days; iii. The TNC driver has committed one Class C violations in any one year period; iv. The TNC endorsed driver driving a TNC endorsed vehicle picks up a street hail, cruises, or otherwise solicits trips whether active on the TNC dispatch system or not; v. The TNC driver driving a TNC endorsed vehicle provides a ride that is not booked through the TNC application dispatch system; vi. Drives a vehicle while on the TNC application that is not affiliated with the TNC; vii. Drives a vehicle while on the TNC application that is neither a for-hire vehicle nor taxicab licensed under this chapter nor a vehicle with a TNC vehicle endorsement; b. The Director may revoke the for-hire license of a transportation network company driver if: i. The TNC driver is found to be in possession of illegal drugs or an open container of alcohol while in control of or while operating any taxicab or for-hire vehicle; or ii. The TNC driver has received a conviction, bail forfeiture, or other final adverse finding involving crimes pertaining to prostitution, gambling, physical violence, Uniform Controlled Substances Act, fraud, theft, robbery, larceny, burglary, extortion and/or crimes directly related to the driver's ability to operate a for hire vehicle.
D. Effect of ((
1. Summary ((
2. Suspension or ((
3. Except in the case of a summary suspension or revocation as provided in subsection (( Section 48. Section 6.310.635 of the Seattle Municipal Code, which Section was last amended by Ordinance 121738, is amended as follows:
6.310.635 Notice and hearing for denials, violations, suspensions and revocations(( A. For each violation, and for each denial, suspension or revocation, the Director shall give written notice to the affected licensee , for-hire vehicle company, or TNC endorsement holder . If the affected licensee is a taxicab driver, the Director shall at the same time give written notice of violations to the taxicab licensee and the taxicab association. If the affected licensee or TNC endorsement holder is a transportation network company driver, the Director shall at the same time give written notice to the transportation network company. If the affected licensee is a taxicab licensee, the Director shall at the same time give written notice of violations to the taxicab association. All notices directed to a taxicab driver or taxicab licensee may be served by personal delivery to, or by first-class mail addressed to, the taxicab association.
B. Any notice of denial, violation, suspension or revocation, other than a summary suspension or revocation pursuant to ((
C. Any notice of summary suspension or revocation pursuant to ((
D. The decision of the Director is final only if a monetary penalty is imposed or if a timely appeal is not filed pursuant to subsection G. A taxicab license , TNC endorsement, or for-hire driver license may be reinstated without a hearing if
the violation was for failure to pay a monetary penalty within (( E. The hearing shall be held by the Director or the Director's designee, provided that the designee may not be a person who directly supervises the inspector who issued the notice of denial, violation, suspension or revocation.
F. The hearing shall be informal, but shall be recorded by electronic means provided by the Director. Within ((
G. If the Director's decision imposes or affirms a denial, suspension or revocation, including summary suspension or revocation, any affected licensee or TNC endorsement holder may appeal the entire decision to the Hearing Examiner by filing a
notice of appeal with the Hearing Examiner within ten (( *** Section 49. A new Section 6.310.745 to Seattle Municipal Code is adopted, as follows: 6.310.745 Other laws Nothing in this chapter relieves a for-hire driver, forhire vehicle or taxicab licensee, taxicab association, transportation network company (TNC), TNC vehicle endorsement holder or applicant thereof from complying with any other law, nor does the City issuance of a license or endorsement under this chapter imply that the applicant has met the obligations of all such other laws. The Department of Finance and Administrative Services shall issue a report to City Council regarding the operational outcomes of this ordinance per section 6.310.100 B. Section 50. A new Section 6.310.750 to Seattle Municipal Code is adopted, as follows: 6.310.750 Additional remedies Notwithstanding the existence or use of any other remedy, the City Attorney may seek legal or equitable relief to enjoin an act or practice that constitutes or will constitute a violation of this chapter or an applicable rule adopted under this chapter. Section 51. To pay for necessary costs and expenses incurred or to be incurred in 2014, but for which insufficient appropriations were made due to causes that could not reasonably have been foreseen at the time the 2014 Budget was adopted, appropriations for the following items in the 2014 Budget are increased from the funds shown as follows:
Section 52. The following sections shall take effect and be in force 90 days following the effective date of this ordinance: Section 9 (creating 6.310.175); Section 27 (amending 6.310.400); Section 28 (amending 6.310.405); Section 29 (amending 6.310.410); Section 30 (amending 6.310.415); Section 31 (amending 6.310.420); Section 32 (amending 6.310.425); and Section 43 (creating 6.310.540). Section 53. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2014. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2014. _________________________________ Edward B. Murray, Mayor Filed by me this ____ day of __________________________, 2014. ____________________________________ Monica Martinez Simmons, City Clerk (Seal)
1 2013 City of Seattle and King County Taxi, For Hire Vehicle and Limousine Services Demand Study, Final Report, page 22 Andrew Glass Hastings/Tony Kilduff OPI Taxi/For-Hire/TNC Code Revision ORD July 14, 2014 Version #3 |
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