AN ORDINANCE relating to for-hire vehicles, taxicabs and for-hire drivers, amending Seattle Municipal Code 6.310.110, 6.310.130, 6.310.150, 6.310.205, 6.310.230, 6.310.300, 6.310.320, 6.310.330, 6.310.350, 6.310.370, 6.310.400, 6.310.415, 6.310.420, 6.310.430, 6.310.450, 6.310.455, 6.310.465, 6.310.470, 6.310.500, 6.310.530, 6.310.605, and 6.310.710.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. SMC 6.310.110 Definitions-is amended as follows.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply:

A. "Affected licensee" means any licensee that may incur some penalty as a result of a violation. For example, if a for-hire driver of a taxicab commits a violation, the for-hire driver, the taxicab owner, and the taxicab association with which that taxicab is associated are all affected licensees.

J. "For-hire vehicle" means any motor vehicle used for the transportation of passengers for compensation, except:

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 81.90 RCW;

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 Charter party carriers and excursion service carriers licensed under chapter 81.70 RCW.

Section 2. SMC 6.310.130 Licenses required--is amended as follows.

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 a taxicab association within the City without a valid license issued pursuant to this chapter.

C. The regulatory licenses issued to for-hire drivers, taxicabs, and taxicab associations under this chapter shall be suspended by the Director if the for-hire driver, taxicab, or taxicab association does not maintain a required current business license issued by the City of Seattle.

Section 3. SMC 6.310.150 Fees--is amended as follows.

The following nonrefundable fees shall apply:

Taxicab Association, Taxicab, For-hire Vehicle and For-hire Driver Fees:

A. Taxicab association annual fee $750.00 Late fee for taxicab association annual fee $75.00 Fingerprinting of owners and officers: Charge as determined by Director to cover costs

B. Taxicab or for-hire vehicle license: Annual fee $240.00 Late fee license renewal) 24.00 Change of equipment 50.00 Change of owner: September/February 240.00 March/August (pro-rated) 120.00 July 16th-August 31st* Replace taxicab plate 10.00 Special inspection fee (SMC Chap 7.04)** 30.00/hour (1 hour min) Vehicle re-inspection fee (Class A violations) 20.00 Inspection rescheduling fee (non-City licensed vehicles only) 20.00 Taxi meter registration fee (SMC 7.04) 5.00 Taxicab change of association affiliation 50.00 Suspension reinstatement fee (when no penalty is assessed) or re-inspection fee (Class B violations) 50.00 Fingerprinting of owners Charge as

determined by Director to cover costs. Failure to appear for inspection scheduled by the Director: penalty (not a fee): See

6.310.605

* No fee is due if change of ownership takes place during July 16-Aug 31 and is in conjunction with annual license renewal.

** For retest of taxicab meter and or taxicab inspections provided to other municipalities.

C. For-hire driver:

For-hire $55.00 **** Add/change affiliation *** 20.00 Late fee 10.00 ID photo 2.00 Fingerprinting Charge as determined by Director to cover costs. Replacement license 5.00 Training class fee As determined by Director

*** For-hire Taxicab drivers may only be affiliated with drive for a maximum of three (3) 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.

**** If a for-hire driver has a King County license, no additional fee is charged for a Seattle for-hire driver license. An endorsement will be added to the King County for-hire driver license stating that the license is valid for Seattle also. The driver must still meet all Seattle for-hire driver requirements and obtain a City of Seattle business license.

Section 4. SMC 6.310.205 Taxicab association owners, partners, and principals-Investigation-is amended as follows.

All taxicab association owners, partners, and principals applicants for a taxicab or for-hire vehicle licensemust consent to be fingerprinted for a criminal background check.

Section 5. SMC 6.310.230 Taxicab Association-Operating Responsibilities-is amended as follows.

A. In addition to meeting the license application requirements set forth in 6.310.200, the taxicab association must:

(1) Maintain a business office that

(a) Is open and personally staffed all business days between 9 a.m. and 5 p.m. (Class A):

(b) Has a business telephone number that is listed in the white and yellow pages of the telephone book and must can be answered during all hours that affiliated taxicabs are operating of operation (Class A);

(c) Has a mailing address where the taxicab association representative will accept mail (Class A); and))

(d) 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, consumer comment cards, new driver training records, vehicle insurance policies, vehicle registrations, vehicle for-hire certificate, trip sheets, passenger complaint log, taxicab sign out log or equivalent, and radio dispatch records (Class A);

(e) Provides secure storage for all items left in the taxicab by patrons and turned in by drivers of affiliated taxicabs (Class A); and

(f) Provides radio 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 (Class B-both).

(2) Ensure that each affiliated taxicab is insured as required in SMC 6.310.300 (D)(5-6) and .320(D) (Class B);

(3) Ensure that each affiliated taxicab maintains the taxicab association's color scheme and identification; provided, that taxicab associations comprised exclusively of independent taxicabs need not meet this requirement until January 1, 1999. For purposes of this subsection, an "independent taxicab" means a taxicab that, prior to October 1, 1996, shared a central dispatch service with 9 or fewer other taxicabs. A taxicab permanently loses its status as an "independent taxicab" if it affiliates with a taxicab association that is not comprised exclusively of independent taxicabs (Class B)

(4) Maintain on file at the taxicab association's place of business proof of insurance required by SMC 6.310.300(C)(5-6) and .320(D) (Class A);

(5) Accept on behalf of any owner or driver of an affiliated taxicab all correspondence from the Director to that owner or driver (Class A);

(6) Deliver to the owner and for-hire driver of an affiliated taxicab any correspondence from the Director to that owner or driver as soon as reasonably possible after the taxicab association receives such correspondence (Class A);

(7) Collect and store for at least two (2) years trip sheet records for all affiliated taxicabs, including, daily taxicab sign out logs, and association dispatch records as prescribed by the Director of taxicabs in service, together with the driver's name, taxicab number and summary of trip sheet totals (Class A);

(8) Collect and provide the following service information to the Director annually quarterly, at a time set by regulation adopted pursuant to this chapter:

(a) Number of service requests (trips),

(b) Average number of taxicabs operating during the year quarter,

(c) Average number of operating hours per week per taxicab,

(d) Total paid trip miles for the past year quarter per taxicab, and;

(e) Number of complaints received from passengers and from consumer complaint hotline regarding:

(i) driver conduct sorted by driving behavior, communication, personal dress or hygiene;

(ii) vehicle condition sorted by appearance, mechanical and/or safety; (iii) service response; and

( iv) lack of driver knowledge of route or requested destination;

(f) A monthly summary of vehicle accident reports (all subsections Class B)

(9) Maintain a log of, and forward to the Director upon request, each oral or written

customer complaint that the taxicab association receives about the taxicab association or about an owner, lessee or driver of an affiliated taxicab. Where applicable, the taxicab association should include a notice of the action taken by the taxicab association to resolve the complaint and the disposition (Class A);

(10) Notify the Director within two (2) working days of the taxicab association having knowledge of the following:

(a) A conviction, bail forfeiture or other adverse finding received by the driver or the owner of an affiliated taxicab for any criminal offense that occurs during or arises out of the driver's operation of the taxicab (Class B),

(b) A conviction, bail forfeiture or other adverse finding received by the driver or the owner of an affiliated taxicab for any other criminal offense directly bearing on the driver's fitness to operate a taxicab or the owner's fitness to own a taxicab, including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution (Class B),

(c) A vehicle accident required to be reported to the State of Washington involving any affiliated taxicab (Class B),

(d) Any restriction, suspension or revocation of a State of Washington driver's license issued to a driver of an affiliated taxicab (Class B), and/or

(e) Any matter listed in SMC 6.310.210(B)(4) or 6.310.210 (C) (Class B);

(11) Notify the Director within five (5) working days of any change in the affiliation status of any taxicab, including any new taxicab joining the association, any taxicab leaving the association, and any suspension, termination, non-renewal or revocation of a taxicab by the taxicab association or by any jurisdiction other than the City of Seattle (Class A);

(12) Continue to affiliate with at least fifteen (15) taxicabs licensed under this chapter. If the number of taxicabs falls below fifteen (15), the taxicab association must increase the number to fifteen (15) within six (6) months from the date the number falls below fifteen (15), or combine with an already existing association, or lose its license under this chapter (Revocation or non-renewal);

(13) Comply with all regulations promulgated pursuant to this chapter (See applicable rules for penalties or actions);

(14) Permit the Director to carry out inspections without notice of all taxicab records required to be kept under this chapter, and all affiliated taxicabs (Class B); and

(15) Pay all penalties imposed by the Department that are either not contested or are upheld after review.

B. Taxicab associations must meet the requirements of 6.310.200(C).

C. Failure to meet the requirements of this section (SMC 2.310.230) is a violation of this chapter.

Section 6. SMC 6.310.300 Taxicab and for-hire vehicle license application.

A. A taxicab association representative is responsible for filing with the City a taxicab license application, on forms approved by the Director, for each taxicab that is, or is proposed to be, affiliated with the association. The taxicab owner must sign and sweat to the application, which shall include the information specified in subsection C of this section.

B. A for-hire vehicle owner must file with the City a for-hire vehicle license application on forms provided by the Director.

C. The taxicab or for-hire vehicle license application shall include the following information:

(1) Ownership type:

(a) If the owner is an individual, the owner's full name, home address, home and business telephone number and date of birth (which shall be at least eighteen years prior to the date of application), or

(b) If the owner is a corporation, partnership or other legal entity, the names, home addresses, telephone numbers and date of birth (which must be at least eighteen years before the date of application) for the corporation's or entity's officers, directors, general and managing partners, registered agents, and each person vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties; the corporation's partnership's or entity's true legal name, state of incorporation or partnership registration (if any), business address and telephone and facsimile numbers and State of Washington business license number, and any other information that the Director may reasonably require.

(2) Vehicle information, including the name of the taxicab association with which a taxicab is or will be affiliated, the taxicab or for-hire vehicle number assigned by any regulatory agency, and any other vehicle information required by rule or regulation promulgated under this chapter;

(3) Information as requested by the Department pertaining to any driver's, for-hire vehicle or taxicab license suspension, denial, nonrenewable or revocation, imposed in connection with a taxicab or forhire vehicle owned or leased by the owner within the last three (3) years;

(4) Criminal history, as requested by the Department, of the owner, or if the owner is a business entity, of the persons specified in subsection (C)(1)(b) above;

(5) Insurance policy declarations or insurance binder Certificate of insurance proving compliance with chapter 46.72 RCW, as now or hereafter amended, for each taxicab or for-hire vehicle for which a license is sought. The insurance policy declarations or insurance binder certificate shall:

(a) Be issued by an admitted carrier company authorized to carry on an insurance business in the State of Washington,

(b) Name the City of Seattle as an additional insured certificate holder, and))

(c) Provide that the insurer will notify the Director, in writing, of any cancellation at least forty-five (45) thirty (30) days before that cancellation takes effect, and

(d) Not include self-insured retention, nonstandard deductibles, aggregate limits, territorial restrictions, named driver requirements, or any other provisions that limit insurance coverage;

(6) Certificate of underinsured motorist coverage indicating a minimum coverage of fifty thousand dollars ($50,000) twenty-five thousand dollars ($25,000) per person, and fifty thousand dollars ($50,000) per accident, or a certificate of self-insurance issued pursuant to RCW 46.29.630;

(7) State of Washington For-Hire Certificate;

(8) State of Washington Vehicle registration;

(9) Certificate of safety as required in SMC 6.310.320(E);

(10) Certificate of taxicab association membership (if application is for a taxicab license); and

(11) Any other documents required by regulations promulgated under this chapter.

(12) The above application and information must also be completed and supplied during any annual license renewal.

Section 7. SMC 6.310.320 Taxicab and for-hire vehicle-Vehicle operating requirements-is amended as follows.

No taxicab or for-hire vehicle licensed by the City may lawfully operate within The City of Seattle unless the following minimum vehicle requirements are met:

A. All applicable licenses specified in Section 6.310.130 are in force for the taxicab or for-hire vehicle (Misdemeanor or and Class C);

B. For taxicabs only, and subject to Section 6.310.230 (a)(3), the vehicle complies with the approved color scheme of the taxicab owner's taxicab association (suspension and Class B);

C. Vehicle age requirements:

1. Prior to August 31, 2002. The vehicle's model year shall be no more than eight (8) years prior to the date of application. For example, vehicles licensed on August 31st of 1999 must be 1991 models or newer. All vehicles purchased and licensed after October 1, 1996 must meet this eight (8) year age limit. The following transition periods will apply to vehicles purchased and licensed on or before that date:

a. Owners of single taxicabs or for-hire vehicles: Renewal date: Oldest permitted model year at renewal date August 31, 1997 ten (10) years prior to application date August 31, 1998 nine (9) years prior to application date August 31, 1999 eight (8) years prior to application date.

b. Owners of more than one taxicab or for-hire vehicle: Renewal date: Percent of fleet that must meet eight (8) year or newer requirement: August 31, 1997 At least thirty-three percent (33%) August 31, 1998 At least sixty-six percent (66%) August 31, 1999 one hundred percent (100%)

Replacement of vehicles under this subsection C1b shall be on an oldest vehicle first basis unless permission is granted by the Director.

2. As of August 31, 2002, the vehicle model year can be no more than seven (7) years prior to the date of application (denial of license);

D. The vehicle has insurance as required by SMC Section 6.310.300 C5 and

C6, provided, that if an insurance policy 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 and Class C;

E. An approved mechanic has issued a valid certificate of safety for the vehicle within the last license year. Attached to this certificate of safety must be a certification stating that the taxicab or for-hire vehicle has passed an emissions tests conducted by an Authorized Emission Specialist who has been certified by the Washington Department of Ecology. The safety certificate and emission certification remains valid, if the vehicle is sold, until the next renewal date denial suspension and Class B;

F. The taxicab or for-hire vehicle has passed a City inspection at least once in the past license year, or more often if required by the Director because of previous violations (Suspension and Class B);

G. The taxicab or for-hire vehicle meets the vehicle and safety standards set forth in regulations promulgated by the Director (Class A for vehicle standards, summary suspension and Class B for safety standards);

H. The taxicab or for-hire vehicle displays a taxicab or for-hire vehicle license plate with a current year decal issued by the Director (Suspension and Class B);

I. All rates, including discounts or special rates, and all taxicab numbers and letters are displayed in the manner prescribed by rule or regulation promulgated pursuant to this chapter (Class A);

J. The vehicle contains the following current documentation: the state for-hire certificate, the county and/or city taxicab or for-hire vehicle license, the vehicle registration, and the proof of insurance card a map of Seattle and the region published within the past two (2) years, which will be displayed to any passenger upon request (Class A);

K. The taxicab is equipped with a properly sealed, working and accurate taximeter as prescribed by the Director (Suspension and Class B);

L. The taxicab or for-hire vehicle is equipped with a consumer information board, the size, material, and placement of which is prescribed by the Director by rule. Such board shall include, at a minimum, the taxicab or for-hire vehicle name and number, the driver's license number, the taxi hotline number and consumer survey and complaint cards (Class A);

M. The taxicab contains no scanner or other type of receiver that is capable of monitoring another Taxicab Association's assigned frequency, except as otherwise permitted by the Director (Suspension and Class B);

N. After December 31, 2001, the taxicab is equipped and operated so that it can be contacted by continuous two-way radio communications in response to a telephone or other request for service by a prospective passenger using a central dispatch radio base station and a non-cell frequency assigned and licensed by the FCC to an association or contracted dispatch service . Until December 31, 1999)) 2001, this requirement can be met by use of a mobile radio telephone service. ((After December 31, 1999, the requirement can only be met by two-way radio communication.)) Taxicab drivers using mobile radio telephone service must respond to Director inquiries within a time period to be specified by rule Summary suspension and Class B); and

O. The taxicab or for-hire vehicle meets the minimum size requirements as prescribed by Director's rule (Denial of license), and

P. The for-hire vehicle must have any color scheme or vehicle number approved with the Director (Summary suspension and Class B fine amount);

Q. Any other requirements set forth in regulations adopted pursuant to this chapter (safety regulations-Class B; non-safety regulations-Class A).

Section 8. SMC 6.310.330 is amended as follows. Taxicab owner and for-hire vehicle owner requirements responsibilities.

A. The owner of a taxicab or for-hire vehicle must ensure the taxicab or for-hire vehicle is being operated only by a driver who holds a valid for-hire driver license (Suspension (5 days) and Class B)

B. The taxicab or for-hire vehicle owner must maintain a business address and a mailing address where the owner can accept mail, and a business telephone in working order that can be answered at least 9 a.m. to 5 p.m. Monday through Friday, and during all hours of operation. The taxicab association office or dispatch center may suffice for this requirement (Class A);

C. The taxicab owner shall comply with all requirements for taxicabs under the taxicab association requirements listed in 6.310.200 .330 (same Class violation as applied to association for same violation, except that penalty for owner will be monetary penalty only);

D. The taxicab or for-hire vehicle owner must notify the Director within three (3) working days of learning of the following occurrences:

(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 owner must maintain daily trip sheet records and complaint logs, as prescribed by the Director by rule for all licensed vehicles. A taxicab owner must insure that all original daily trip sheets are given to the taxicab association representative at least weekly. The for-hire vehicle owner must keep daily trip sheets and complaint logs for a minimum of two (2) years. The for-hire vehicle owner must provide to the Director, through their association representative, annually quarterly the following information compiled from the daily trip sheets:

(1) Number of service requests (trips) during the last year quarter;

(2) Average operating hours per week per vehicle for the last year quarter;

(3) Number of complaints received regarding:

(a) driver conduct categorized by driving behavior, communication, personal dress or hygiene;

(b) vehicle condition categorized by appearance, mechanical and/or safety;

(c) service response; and

(d) lack of driver knowledge including incorrect route or no knowledge of destination requested.

(4) All complaints received regarding either the for-hire driver or the taxicab or for-hire vehicle, where such complaint involves an alleged violation of this chapter, including a note of the action taken to resolve the complaint and the disposition, if known (all violations within subsection E are Class A);

F. The taxicab or for-hire vehicle's owner and driver shall permits the Department to inspect the vehicle without notice, upon request (Suspension and Class B);

G. The owner of a taxicab or for-hire vehicle must ensure that the for-hire driver complies with operating and conduct standards per SMC 6.310.450-475 (Same class of violation as for the for-hire driver);

H. The taxicab or for-hire vehicle owner shall comply with any applicable regulations promulgated under this chapter (Class B for safety requirements, otherwise Class A).

I. The taxicab or for-hire vehicle owner shall insure that all inspection times scheduled by the Director are kept. (Suspension, $50 monetary penalty and 2 penalty points)

J. The taxicab or for-hire vehicle owner 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).

Section 9. SMC 6.310.350 Taxicab and for-hire vehicle-License expiration and renewal-is amended as follows.

A. All taxicab and for-hire licenses shall expire on August 31st of the year following issuance of the license.

B. Each taxicab or for-hire vehicle owner must renew the for-hire vehicle or taxicab license every year. No taxicab or for-hire vehicle or taxicab license may be renewed unless all outstanding penalties assessed against the owner or the for-hire driver of the taxicab or for-hire vehicle are paid in full to the Director.

C. The Director shall deny any renewal application if grounds exist for the Director to deny a license pursuant to Section 6.310.310. If no such grounds exist, the Director shall examine all Department records on the for-hire vehicle or taxicab and may deny the renewal if grounds exist that would justify denial under Section 6.310.310.

Section 10. SMC 6.310.370 Taxicab and for-hire vehicle-Owner surrender of vehicle license-is amended as follows.

It is unlawful to operate a taxicab or for-hire vehicle whose license has been suspended or revoked. The taxicab association, taxicab owner and taxicab driver are jointly and severally responsible for immediately surrendering the vehicle license plate or decal and taxicab vehicle license to the Director. The for-hire vehicle owner and for-hire vehicle driver(s) are jointly and severally responsible for immediately surrendering the vehicle license plate or decal and for-hire vehicle license to the Director (Class C and or misdemeanor if violation was knowingly permitted.

Section 11. SMC 6.310.400 For-hire driver license application--is amended as follows.

A. A 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 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 twenty one (21) years prior to the date of application, height, weight, color of hair and eyes;

3. Social security number and 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 renewal;

4. Proof that the applicant is a United States citizen or has documentation, as required by the United States Department of Justice Immigration and Naturalization Service, that the applicant is authorized to work in the United States;

5. The applicant's criminal history for the last five (5) years;

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 signed statement authorizing the Director to obtain a current copy of the applicant's driving record from the Washington State Department of Licensing; and

8. Such other information as may be reasonably required by regulation promulgated under this chapter.

9. The above application and information must also be completed on all annual renewals.

B. The following additional information must be filed prior to sitting for the written and oral examination:

1. If the applicant will drive a taxicab, a certification signed under penalty of perjury by a taxi association representative certifying that the applicant has successfully completed a one (1) week association training program in which the applicant has:

a. Ridden with a trainer designated by the association in a taxicab for at least three (3) eight (8) hour days, and

b. Received instruction in the region's geography, important structures and sites of interest.

2. Proof of successful completion of a certified training program per Section 6.310.415 approved by the Director.

C. A physician's certification signed not more than three (3) months prior to the date of initial application that complies with Section 6.310.410 and certifies the applicant's fitness as a for-hire driver must be filed prior to issuance of the for-hire driver's license.

D. 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 sixty (60) days of submitting an application.

Section 12. SMC 6.310.415 For-hire driver training program--is amended as follows.

A. All initial for-hire driver applicants must have successfully completed, prior to taking the written and oral examination, no earlier than six (6) months before submitting the application, a training program approved by the Director that provides information about the history and geography of the Seattle and Puget Sound area, incentives for defensive driving and personal safety, enhancement of driver/passenger relations, and appearance and communication skills. The oral examination may be taken prior to the training class to expedite the licensing process.

B. Currently licensed for-hire drivers must meet the requirements of subsection A of this section if:

1. They fail a one (1) time test given to all currently-licensed for-hire drivers administered by the Director. This one (1) time test will be given during 1997 at the time the for-hire driver renews his/her for-hire driver's license;

2. A taxicab association with which the for-hire driver is affiliated requests that the for-hire driver receive a refresher course; or

32. The Director has reasonable grounds, based on documented complaints and/or violations, to believe that a refresher course is necessary.

Section 13. SMC 6.310.420 For-hire driver written and oral examination--is amended as follows.

A. The Director shall prescribe the content of the examination, which must test the applicant's:

1. Knowledge of taxicab, for-hire vehicle and for-hire 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.

B. After submitting an application for an initial for-hire license, the applicant must pass a written and oral examination administered by The City of Seattle and/or jointly with King County.

C. An applicant who fails the written and/or oral examination is entitled to one (1) free opportunity to retake the examination. A second failure will result in a sixty (60) day wait for another opportunity to take the examination, and another license application fee. All later examination tries will require the sixty (60) day wait, and repayment of the license application fee.

D. The written and oral examination is not required for the renewal of a for-hire driver's license unless the applicant's license has remained expired for more than one (1) year. If the license has remained expired for more than one (1) year, and the applicant can provide documentation that he/she had previously passed the oral examination, only the written examination will be required.

Section 14. SMC 6.310.430 For-hire driver-Standards for license denial-is amended as follows.

A. The Director shall deny any for-hire driver's license application if the Director determines that the applicant:

1. Has made any material misstatement or omission in the application for a license;

2. Fails to meet any of the qualifications of a for-hire driver contained in SMC Section 6.310.400;

3. Has had 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, within three (3) years of the date of application;

4. Is required to register as a sex offender pursuant to RCW 9A.44.130.

B. The Director may deny any for-hire driver's license application if the Director determines that the applicant:

1. Has had a bail forfeiture, conviction or other final adverse finding involving crimes pertaining to prostitution, gambling, physical violence, or other crimes directly related to the applicant's honesty and integrity, including but not limited to hit-and-run, fraud, larceny, burglary, extortion and/or directly related to the driver's ability to operate a taxicab, including without limitation driving under the influence of alcohol or controlled substances, provided that such bail forfeiture or conviction was within five (5) years of the date of application; or

2. 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 taxicab or for-hire vehicle that causes the Director reasonably to conclude that the applicant will not comply with the provisions of the chapter related to driver/operator conduct and the safe operation of the vehicle.

Section 15. SMC 6.310.450 For-hire driver operating standards--is amended as follows.

A. A for-hire driver shall not operate a taxicab or for-hire vehicle without first obtaining and maintaining a valid for-hire drivers' license (misdemeanor or and Class C).

B. No for-hire driver whose license has been revoked by the Director shall apply for a new license for one (1) year from the effective date of such revocation (denial of license).

C. A for-hire driver, before starting each shift, shall check the lights, brakes, tires, steering, seat belts, taximeter seal, and other vehicle equipment listed on the vehicle safety checklist as prescribed by rule to see that they are working properly (Class B).

D. A for-hire driver, before starting each shift, shall ensure that the state for-hire certificate, the county and/or City taxicab or forhire vehicle license, vehicle registration and proof of insurance card are in the vehicle (Class A).

E. A for-hire driver shall not operate a taxicab or for-hire vehicle unless the interior and the exterior of the taxicab or the for-hire vehicle is clean and in good repair (Class A).

F. A for-hire driver shall not transport more passengers than the number of seat belts available nor more luggage than the taxicab capacity will safely and legally allow suspension and Class B).

G. A for-hire driver shall allow the Director to inspect the taxicab or for-hire vehicle without notice at any reasonable time or place (Class B).

H. A for-hire driver shall pay all penalties imposed by the Department that are either not contested or are ultimately upheld (revocation or non-renewal).

Section 16. SMC 6.310.455 For-hire driver conduct standards--is amended as follows.

A. A for-hire driver shall not drink any alcoholic beverage while on duty or less than eight hours prior to going on duty, and shall not possess an open or unsealed container of any alcoholic beverage while in the for-hire vehicle or taxicab (suspension and Class B).

B. A for-hire driver shall, at the end of each trip, check the vehicle for any article that is left behind by passenger(s). Such articles found in taxicabs are to be reported as found property on the Taxi Hotline, as well as to the taxicab association, and such property is to be returned to the taxicab association representative at the end of the shift or sooner if possible (Class A).

C. A for-hire driver shall have in the driver's possession a valid for-hire driver's license and valid Washington State driver's license at any time the for-hire driver is operating the taxicab or for-hire vehicle; such for-hire license shall be displayed as prescribed by the Director (suspension and Class B).

D. A for-hire driver 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).

E. A for-hire driver shall not operate a taxicab or for-hire vehicle when such taxicab or for-hire vehicle license has been suspended or revoked by the Director or by order of the King County official responsible for implementing taxicabs or for-hire vehicle regulations or ordinances (revocation and Class B).

F. A for-hire driver shall immediately surrender the vehicle license plate and year decal to the Director upon written notice that the vehicle license has been suspended, not renewed or revoked (revocation and Class B).

G. A for-hire driver shall not be in control of a taxicab or for-hire vehicle for more than twelve (12) hours spread over a total of fifteen (15) hours in any twenty-four (24) hour period. Thereafter, such forhire driver shall not drive any taxicab until ten (10) consecutive hours have elapsed (suspension and Class B).

H. A for-hire driver operating under a temporary for-hire license shall not drive, operate, or be in control of a taxicab or for-hire vehicle other than that designated on the temporary for-hire license (Class A).

I. A for-hire driver shall not drive, be in control of or operate a taxicab or for-hire vehicle where the required customer information board is not displayed or does not contain all required information (Class A).

J. A for-hire driver shall operate the taxicab or for-hire vehicle with due regard for the safety, comfort and convenience of passengers (Class B for safety violations; Class A for non-safety violations).

K. A for-hire driver shall not solicit for prostitution nor allow the vehicle to be used for such unlawful purpose (revocation and Class C).

L. A for-hire driver shall not knowingly permit the taxicab or forhire vehicle to be used for the illegal solicitation, transportation, or sale, or any other activity related to illegal drugs (revocation and Class C).

M. A for-hire driver shall deposit all refuse appropriately and shall under no circumstances litter (Class A).

N. A for-hire driver shall not use offensive language, expressions, or gestures to any person while driving, operating, picking up customers, or in control of a taxicab or for-hire vehicle (Class B).

O. A for-hire driver shall, upon request by the Director , a passenger, or a police officer, provide the City-issued for-hire license and/or Washington State driver's license for inspection (suspension and Class B , Class A if request was by passenger,

P. A for-hire driver shall have in their possession a map of Seattle and the region published within the past two (2) years, which will be displayed to any passenger upon request (Class A), and

Q. A for-hire driver shall not operate a taxicab unless the radio, required in SMC 6.310.320 (N), is on and operating, and drivers must notify the taxicab association dispatch that they are available after completing each trip (Class B--both).

Section 17. SMC 6.310.465 For-hire driver-passenger relations standards--is amended as follows.

A. A taxicab driver shall wear the uniform adopted by the association and approved by the Director (Class A).

B. A for-hire driver's clothes shall be neat and clean at all times that the driver is on the driver's shift. The term "neat and clean" as it relates to clothes shall mean that all clothing is clean, free from soil, grease and dirt and without un-repaired rips or tears. Drivers shall not wear as an outer garment any of the following: undershirt or underwear, tank tops, body shirts (see-through mesh), swimwear, jogging or warm-up suits or sweatshirts or similar attire, shorts or trunks (jogging or bathing), sandals, or any similar clothing. Summer uniforms can include Bermuda shorts (hemmed slack material) that extend down to within two (2) inches of the top of the knee cap (Class A).

C. A for-hire driver shall be clean and well groomed at all times while on duty. "Clean" means that state of personal hygiene, body and hair cleanliness and absence of offensive body odor normally associated with frequent clothes laundering and bathing or showering. "Well groomed" means beards and mustaches are groomed and neatly trimmed, and scalp and facial hair is neatly trimmed, and combed or brushed (Class A).

D. A for-hire driver shall provide customers with professional and courteous service at all times (Class A).

E. A for-hire driver shall not refuse a request for service because of the driver's position in line at a taxicab zone; a passenger may select any taxicab in line (Class B).

F. A for-hire driver shall at all times assist a passenger by placing luggage or packages (under fifty (50) pounds) in and out of the taxicab or for-hire vehicle (Class A).

G. A for-hire driver shall not refuse to transport in the taxicab or for-hire vehicle any passenger's wheelchair which can be folded and placed in either the passenger, driver, or trunk compartment of the taxicab or for-hire vehicle; an assist dog or guide dog to assist the disabled or handicapped; groceries, packages or luggage. (Class B)

H. A for-hire driver shall provide each passenger a receipt upon payment of the fare. The receipt shall accurately show the date and time, place of pickup and delivery, the amount of the fare, the taxicab name, number and association, and the printed name and forhire driver's license number of the for-hire driver (Class A).

I. A for-hire driver shall use the most direct available route on all trips unless the passenger specifically requests to change the route (Class B).

J. A for-hire driver shall not permit any person or pet to ride in the taxicab or for-hire vehicle unless that person or pet accompanies, or is in the vehicle at the request of, a fare-paying individual. This requirement shall not apply to uniformed driver trainees (Class A).

K. A for-hire driver shall not refuse to transport any person except when:

1. The for-hire driver has already been dispatched on another call;

2. The passenger is acting in a disorderly or threatening manner, or otherwise causes the for-hire driver to reasonably believe that the forhire driver's health or safety, or that of others, may be endangered;

3. The passenger cannot, upon request, show ability to pay the fare (Class B).

L. A for-hire driver shall not smoke while the taxicab or for-hire vehicle is occupied without the consent of all passengers. If the taxicab is designated as a "non-smoking" taxicab, no-smoking signs must be posted both within, and outside, the taxicab or for-hire vehicle, so as to be highly visible to the passenger. The director shall promulgate rules concerning the placement of the no-smoking signs. (Class A).

M. A for-hire driver shall be able to provide a reasonable amount of change, and if correct change is not available, no additional charge will be made to the passenger in attempting to secure the change (Class A).

N. A for-hire driver shall not make any discriminatory charges to any person, or make any rebate or in any manner reduce the charge to any person unless such is in conformity with the discounts or surcharges contained in the filed rates (Class B).

Section 18. SMC 6.310.470 For-hire driver soliciting and cruising standards--is amended as follows.

A. Taxicabs.

1. A for-hire driver may solicit passengers only from the driver's seat or standing immediately adjacent to the taxicab or for-hire 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)

C3. A for-hire driver shall not hold out the for-hire vehicle or taxicab for designated destinations. (Class A)

B. For-hire Vehicles.

1. A for-hire driver in a for-hire vehicle is prohibited from soliciting passengers, from cruising for passengers, or from picking up passengers in a taxi zone. (Class B)

2. A for-hire driver shall not use any other person to solicit passengers. (Class A)

3. All trips must be pre-arranged as defined by the Director by rule.

Section 19. SMC 6.310.500 Taxicabs-maximum number--is amended as follows.

A. The total number of taxicab licenses in effect at any one time shall not exceed the number in effect as of December 31, 1990.

B. The number of for-hire vehicle licenses in effect at any one time shall not exceed 200. Except that if the state legislature authorizes cities to regulate executive sedans and executive vans, as defined in RCW 46.04.274, then executive sedans and executive vans licensed by the Department of Licensing (DOL) on the authorization date, which meet City vehicle standards would also be allowed to obtain for-hire vehicle licenses.

C. The Director may, at the Director's discretion, issue 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 SMC Section 6.310.110.

Section 20. SMC 6.310.530 Rates--is amended as follows.

A. The rates for taxicabs licensed to operate in Seattle shall be established by the Seattle City Council.

B. In reviewing rates the Council may take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors:

1. The information in a report prepared by the Director pursuant to SMC Section 6.310.520;

2. The public's need for adequate taxi service at the lowest level of charges consistent with the provision, maintenance and continuation of such service;

3. The rates of other licensees operating in similar areas;

4. The effect of such rates upon transportation of passengers by other modes of transportation;

5. The owners' need for revenue of a level that, under honest, efficient and economical management, is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind) of providing adequate taxi service, plus an amount equal to such percentage of the cost as is reasonably necessary for the replacement of deteriorated taxicabs and a reasonable profit to the owner;

6. Consistency of rates with those charged by King County.

C. No taxicab shall have more than one rate on its meter.

D. 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, 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:

1. Drop charge: for passengers for first 1/9 mile $1.80 2. Per mile: For each 1/9 mile or fraction thereof after the first 1/9 mile $ .20 3. For every one (1) minute of waiting time $ .50* 4. Extra charge for passengers over two (2) excluding children under twelve (12) $ .50

*Waiting time rates are charged s are initiated when taxicab speed ometer is less than seventeen (17) miles per hour or when taxicab is asked to wait for the customer.

E. Special Rates, and C contract R rates, "downtown to airport" flat rate, and coupons.

1. Special rates as defined in this chapter shall be calculated as a percentage of the meter rate.

2. The special rates must be filed with the Director on forms furnished by the Director.

3. All special rates and/or contract rates shall be filed once a year at the time of application by the taxicab association representative, or by the owner of a for-hire vehicle which is not a taxicab.

4. Licensees may change the special rates filed no more than once a year.

5. Contract rates set during the license year shall be filed within two (2) weeks of securing such contract and before implementing the contract rate.

6. All taxicabs shall charge a flat rate of $25.00 from the downtown hotel district to Seattle-Tacoma International Airport except when contract rates are in effect for the trip. The downtown hotel district is the area defined by Broad Street to Mercer Street to I-5 on the north, Elliot Bay on the west, South Dearborn Street on the south, and Boren Ave to the I-5 Freeway and then the Freeway on the east.

7. The use of coupons to establish a lower rate, or a rate not provided within this section, is prohibited.

F. For-hire vehicle rates.

1. Every for-hire vehicle licensee shall file all rates and charges with the director. All rates and charges, including any adopted senior citizen discount rate shall be conspicuously displayed in the interior of the for-hire vehicle so as to be readily discernible to the passenger. The Director will prescribe the manner of such posting.

2. For-hire vehicles must charge for service based on a written contract, flat charge per trip, by zone, or by an hourly rate with minimum increments of one-half (1/2) hour.

G. The rates specified in this section shall not apply to transportation of persons provided pursuant to a written contract which establishes a fare at a different rate for specified transportation and has been previously filed with the Director; provided, that no contract may include any provision the effect of which is to directly or indirectly require exclusive use of the transportation services of the contracting taxicab or for-hire vehicle.

H. It is unlawful under the Americans with Disabilities Act to charge a special service vehicle rate which is different from the taxicab rates adopted in subsection D of this section, except in those instances where the transportation of disabled persons is pursuant to a written contract as specified in subsection G of this section (Class B).

Section 21. SMC 6.310.605 Monetary penalties and penalty points-is amended as follows.

A. For-hire Driver or Taxicab/For-hire Vehicle Violations. Violation Penalties Against For-hire Penalty Points Driver, or Owner of Attributed to Taxicab or For-hire Vehicle Taxicab Association

For Each Violation For Each Violation

1.Violations Found During a Calendar Year Away from City's Inspection Facility.

First Class A in one year September 1st-August 31st$ 30.00 2

Second Class A in one year 60.00 3

Third or more Class A violation in 100.00 4 one year

First Class B violation in one year 60.00 4

Second Class B violation in one year 150.00 7

Third or more Class B violation in 250.00 10 one year

All Class C violations 1000.00 20

2. Violations Found During Inspections at City's Inspection Facility.

Failure to appear for inspection scheduled by the Director $ 50 2 penalty points

(See Section 6.310.330 (I) and paragraph below.)

Class A violation found Vehicle re-inspection fee. 2 each violation during inspection See fee schedule in at City's inspection Section 6.310.150 facility

Class B violation found Vehicle re-inspection fee. 4 each violation during inspection See fee schedule in at City's inspection Section 6.310.150 facility

"Failure to appear for inspection scheduled by the Director" includes a late arrival for the inspection. If notification that the vehicle can not appear is made prior to the close of business on the business day before the scheduled inspection, and the taxicab plates are delivered to the inspection facility prior to the original inspection time, then no penalty will be due.

3. Penalties and penalty points are attributed to the taxicab association with which the taxicab and/or for-hire driver is affiliated at the time the violation occurs.

B. Taxicab Association Violations During a Calendar Year.

Violation Penalty Points Against Taxicab Association

First Class A violation in one year September 1st-August 31st 5 Second Class A violation in one year 6 Third or more Class A violation in one year 7

First Class B violation in one year 10 Second Class B violation in one year 12 Third or more Class B violation in one year 15

As soon as an association accumulates more than five (5) penalty points per affiliated taxicab, on average, it must pay a penalty to the Director of One Hundred Dollars ($100.00) per affiliated taxicab. As soon as an association accumulates more than seven (7) penalty points per affiliated taxicab, on average, it must pay an additional penalty to the Director of One Hundred Fifty ($150.00) per affiliated taxicab. As soon as an association accumulates more than ten (10) points per affiliated taxicab, on average, it must pay an additional penalty to the Director of Two Hundred Fifty ($250.00) per affiliated taxicab. For purposes of this subsection, average number of penalty points per affiliated taxicab means total association penalty points divided by number of taxicabs within the association. (The Director will compute the number of taxicabs within the association by averaging the number of taxicabs in the association (rounded up) at the beginning of the year and the number of cabs at the end of each completed quarter, i.e. March 31, June 30, etc.) If an association has exceeded the average amount of penalty points as outlined above, the penalty will be due as of the end of the current quarter. The association may ask for a hearing with the Director concerning the assessment of such penalty. At such hearing the Association will present any evidence to refute or mitigate the performance of the Association. After the hearing, the Director may impose the penalty, reduce the penalty, or with just cause waive the penalty and put the Association on probation with specific performance guidelines. If the Association does not meet the guidelines imposed, the Director will impose the penalty. In any case, the Director's decision is final.

Upon renewal of the taxicab association license, the association will start the new year with zero (0) penalty points.

C. Taxicab or For-hire Vehicle Owner's Responsibility for Penalties Incurred by For-hire Drivers. A taxicab or for-hire vehicle owner is jointly and severally liable for each monetary penalty assessed against any for-hire driver who commits a violation while operating a taxicab or forhire vehicle belonging to that owner. The City is not required to pursue collection of the penalty from the driver as a prerequisite to pursuing collection of the penalty from the owner.

D. Taxicab Association's Responsibility for Penalties Incurred By For-hire Drivers and Taxicab Owners. In addition to incurring penalty points, the taxicab association is jointly and severally liable for each monetary penalty assessed against any for-hire driver or taxicab affiliated with the taxicab association. The City is not required to pursue collection of the penalty from the for-hire driver or the taxicab owner as a prerequisite to pursuing collection of the penalty from the taxicab association.

Section 22. SMC 6.310.710 Passenger complaint process-is amended as follows.

A. Upon receiving a written complaint involving the conduct of the forhire driver, the route of transportation, the rate charged for the transportation, passenger injury or property damage not arising from a vehicle accident, or other incident, the Director shall:

1. Issue a notice of complaint to the applicable taxicab association representative or for-hire vehicle licensee forhire driver and vehicle owner, and company, if applicable, advising such person of the allegation(s) made in the complaint;

2. Require the for-hire driver, vehicle owner, licensee and or the taxicab association if applicable, to respond, in writing, to the allegation(s) in the notice of complaint within ten (10) days of receipt of the notice of complaint;

3. Require the taxicab association or for-hire vehicle licensee to i(Investigate the allegation(s) in the notice of written complaint and the response submitted by the for-hire driver or , vehicle owner, and taxicab association, if applicable; and

4. Require the taxicab association or for-hire vehicle licensee to m(Make a finding as to the validity of the allegation(s) in the written complaint. If it is found to be a valid complaint the director may shall issue a notice of violation pursuant to SMC Section 6.310.635.

B. Failure to respond in writing within ten (10) days to a Notice of Complaint shall constitute a waiver of the for-hire driver's, vehicle owner's, and association's, if applicable, right to contest the allegation(s) in the written complaint and shall be conclusive evidence that the allegation(s) are valid.

Section 24. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2000, and signed by me in open session in authentication of its passage this _____ day of _________________, 2000. _____________________________________ President of the City Council

Approved by me this _____ day of _________________, 2000. _______________________________________ Mayor

Filed by me this _____ day of ____________________, 2000. ___________________________________________ City Clerk March 6, 2000 Version 5