AN ORDINANCE relating to taxicabs; increasing the taxicab regulatory license fees, processing fees, and penalty fees; providing for a new license year period; providing additional requirements for taxicab association reports; providing standards for the use of taxicab zones and requiring industry supervisors to regulate the use of taxicab zones; requiring new safety equipment for taxicabs and establishing notification requirements for crimes against for-hire drivers; enhancing safety operating procedures; increasing the minimum underinsured motorist insurance coverage; requiring a raised letter and Braille passenger information notice in all taxicabs; requiring receipt-issuing taximeters; addressing the transferability of licenses; clarifying for technical purposes only the Director's approval authority for advertising on taxicabs; establishing operating standards and training requirements for wheelchair accessible taxicabs; requiring for-hire driver's license applicants to include their driving record with their application; expanding training and testing requirements for for-hire drivers; adding standards of conduct for drivers; adding a new section to the Seattle Municipal Code relating to violation classifications; and amending sections 6.310.110, 6.310.150, 6.310.230, 6.310.300, 6.310.320, 6.310.330, 6.310.340, 6.310.350, 6.310.400, 6.310.415, 6.310.420, 6.310.425, 6.310.450, 6.310.455, 6.310.460, 6.310.465, 6.310.470, 6.310.475, 6.310.500, 6.310.510, 6.310.605, 6.310.635, 6.310.700, and 6.310.710, respectively, of the Seattle Municipal Code.

WHEREAS, many of the taxicab license fees, inspection fees, and penalties contained in Seattle Municipal Code (SMC) Ch. 6.310 have not been raised since January 1, 1997 and an increase in the fee and penalty amount is warranted to cover the cost of the taxicab enforcement program; and

WHEREAS, King County/Metro Transportation has received a grant to fund a pilot wheelchair accessible taxicab program which will supply both the City of Seattle and King County with information as to whether a wheelchair accessible taxicab program is economically viable without subsidies; and

WHEREAS, taxicab license renewal and the annual safety and taximeter inspection schedules should be changed from September through August to July through June to align the taxicab license renewal period with the annual taxicab safety inspection/taximeter test cycle; and

WHEREAS, driving a taxicab is identified as a high risk occupation by the National Institute of Occupation Safety and Health, and a recent safety study recommended that additional safety equipment be provided and additional safety procedures and training be established; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 6.310.110 of the Seattle Municipal Code is hereby amended as follows:

6.310.110 Definitions.

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

***

Y. "Wheelchair accessible taxicab" means a taxicab designed or modified to transport passengers in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act (ADA), and inspected and approved by the Director.

Section 2. Section 6.310.125 of the Seattle Municipal Code is added 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 SMC 6.310.600, 6.310.605, 6.310.610, and 6.310.635. Monetary penalties and penalty points for each violation classification are specifically set forth in SMC 6.310.605.

B. Violation classifications are as follows:

1. Class A violations of administrative or non-safety requirements. 2. Class B violations of safety requirements. 3. Class C other serious violations. 4. Suspensions, revocations, and denials of licenses are imposed when taxicab associations, taxicab licensees, or for-hire drivers fail to comply with licensing requirements pursuant to this chapter, or there is an immediate safety concern with the taxicab.

Section 3. Section 6.310.150 of the Seattle Municipal Code is hereby amended as follows:

6.310.150 Fees.

The following nonrefundable fees shall apply:

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

A. Taxicab association:

aAnnual fee $750 $900

Late renewal fee for taxicab association annual fee 75 $90

Fingerprinting of owners and officers Charge as determined by Director to cover costs.

B. Taxicab or for-hire vehicle license:

Annual fee (through 5/15/06) $240 250

Annual fee (eff. 5/16/06) $300

Wheelchair accessible taxicab annual license fee Waived

Late fee (license renewal) 24 $30

Change of equipment vehicle 50 $75

Change of owner vehicle licensee:

Effective through August 31, 2005: September/ February $240 March/ August pro-rated $120 (half year) July 16th August 31st*

Effective September 1, 2005 through June 30, 2006: September January $250 February June (half year) $125 July 16 August 31*

Effective July 1, 2006 (new license year period): July December $300 January June (half year) $150 May 16 June 30*

Replace taxicab plate $10 $25

Special inspection fee (SMC Chapter 7.04)** 30 $60/hour (1/2 hour minimum)

Vehicle reinspection fee (for Class A violations) 20

Inspection rescheduling fee (non-City licensed 20 $25 vehicles only)

Taxicab meter registration fee (SMC Chapter 7.04) 5

Taxicab change of association affiliation 50 $60

Vehicle re-inspection fee $25 (for Class A violations)

Suspension reinstatement fee (when no penalty 50 $60 is assessed) or reinspection fee (for Class B violations)

Fingerprinting of owners Charge as determined by Director to cover costs

Failure to appear for inspection scheduled Penalty (not a fee): by the Director....

See Section 6.310.605

* No change of taxicab or for-hire vehicle licensee fee is due if change of ownership the transfer occurs between takes place during July 16th Aug 31st, 2005 and is in conjunction with annual license renewal. Effective January 1, 2006, no change of taxicab for-hire vehicle licensee fee is due if the transfer occurs between May 16 June 30. During these periods, the change of taxicab or for-hire vehicle licensee and the annual license renewal are accomplished together and only one fee will be assessed.

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

C. For-hire driver license: For-hireAnnual fee $55 $75**** Add/change affiliation*** $20 Late fee 10 $15 ID photo 2 $5 Fingerprinting Charge as determined by Director to cover costs Replacement license $5 Training class fee As determined by Director

*** For-hire drivers may only be affiliated with a maximum of three (3) taxicab associations at any given time. This fee is only charged when the driver is affiliated with three (3) associations and now wants to delete one (1) 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. Section 6.310.230 of the Seattle Municipal Code is hereby amended as follows:

6.310.230 Taxicab association--Operating responsibilities.

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

1A. Maintain a business office that:

a1. Is open and personally staffed all business days between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.) (Class A),

b2. Has a local Seattle business telephone number that is listed in the white and yellow pages of the telephone book and must be answered during all hours that affiliated taxicabs are operating (Class A),

c3. Has a mailing address where the taxicab association representative will accept mail (Class A),

d4. 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 passenger 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 each requirement,

e5. Provides secure storage for all items left in the taxicab by patrons and turned in by drivers of affiliated taxicabs (Class A), and

f6. 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;

2B. Ensure that each affiliated taxicab is insured as required in SMC Sections 6.310.300 D5-6 and 6.310.320 D (Class B);

3C. Ensure that each affiliated taxicab maintains the taxicab association's color scheme and identification (Class B);

4D. 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);

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

6F. Send, by first class mail,Deliver to the owner taxicab licensee and for-hire driver of an affiliated taxicab any correspondence from the Director to that owner or driver as soon as reasonably possible within five (5) business days after the taxicab association receives such correspondence and keeps a written record of the mailings (Class A);

7G. Weekly, Ccollect, verify accuracy and completeness, and store for at

least two (2) years trip sheet records for all affiliated taxicabs, daily taxicab sign out logs, and association dispatch records as prescribed by the Director (Class A);

8H. Collect and provide the following service information, to the Director quarterly, at a time set by regulation adopted pursuant to this chapter vehicle collision reports, service response time reports, reports of crimes against for-hire drivers, and passenger complaints, pursuant to rules adopted by the Director as follows:

a1. Number of service requests (trips,) Service Information Reports. Submit quarterly, on forms approved by the Director, the monthly total of paid trips, paid miles, and operating hours for each affiliated taxicab (Class A);

b2. Average number of taxicabs operating during the quarter, Vehicle Collision Reports. Submit monthly, on forms approved by the Director, a list of vehicle collisions required to be reported to the Washington State Patrol pursuant to RCW 46.52.030(1) and WAC 446.85-010 including the name and number of the affiliated taxicab and for-hire driver, collision fault, injuries, and estimated damage (Class A);

c3. Average number of operating hours per week per taxicab, Service Response Time Reports. Submit quarterly, on forms approved by the Director, average response times for service requests in the operating areas served by affiliated taxicabs (Class A);

d4. Total paid trip miles for the past quarter per taxicab, and Crimes Against Drivers Reports. Submit quarterly, on forms approved by the Director, a list of all crimes of assault or robbery against affiliated for-hire drivers that were reported to the Seattle Police Department, including the name and number of the affiliated taxicab and for-hire driver, incident number, description of the crime, and injuries (Class A), and

e5. Passenger Complaints. Number of Submit quarterly, on forms approved by the Director, a report which contains information on complaints received directly from passengers and from the consumer passenger complaint hotline as compiled from the log required pursuant to subsection I of this section regarding:

ia. Driver conduct sorted by driving behavior, communication, personal dress or hygiene,

iib. Vehicle condition sorted by appearance, mechanical and/or safety,

iiic. Service response, and

ivd. Lack of driver knowledge of route or requested destination, (Class A).

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

9I. Maintain a log of, and forward to the Director upon request, each oral or written customer passenger complaint that the taxicab association receives about the taxicab association , or about an owner, a taxicab licensee, or lessee or driver of an affiliated taxicab. Where applicable, t The taxicab association should must include a notice of the action taken by the taxicab association to resolve the complaint and the disposition (Class A);

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

a.1. A conviction, bail forfeiture or other adverse finding received by the driver or the owner 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),

b2. A conviction, bail forfeiture or other adverse finding received by the driver or the owner taxicab licensee of an affiliated taxicab for any other criminal offense directly bearing on the driver's fitness to operate a taxicab or the owner's taxicab licensee's fitness to own a taxicab be licensed, including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution (Class B),

c3. A vehicle accident required to be reported to the State of Washington involving any affiliated taxicab (Class B),

d4. 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

e5. Any matter listed in SMC Section 6.310.210 B4 or 6.310.210 C (Class B);

11K. 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, nonrenewal or revocation of a taxicab by the taxicab association or by any jurisdiction other than The City of Seattle (Class A);

12L. 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 nonrenewal);

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

14N. 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

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

P. Provide a supervisor at a taxicab zone whenever such zone is used by affiliated taxicabs if the Director determines that it is necessary due to: (1) complaints received from passengers and adjacent property owners, or (2) improper use of nearby passenger load zones, truck load zones, and charter bus zones. If the taxicab association fails to provide a supervisor as required by the Director, the Director may suspend all affiliated taxicabs from using the taxicab zone ( first offense Class B violation and 14 day suspension from taxicab zone; second and subsequent offenses Class B violation and 60 day suspension from taxicab zone); and

Q. Determine whether an affiliated driver, who has been the victim of a crime of assault or robbery, has reported the crime to 911. If not, the taxicab association shall call 911 and report the crime immediately (Class B).

B. Taxicab associations must meet the requirements of Section 6.310.200 C.

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

Section 5. Section 6.310.300 of the Seattle Municipal Code is hereby amended as follows:

6.310.300 Taxicab and for-hire vehicle license application.

A. A taxicab association representative, on behalf of a taxicab license applicant affiliated with the taxicab association, 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 applicant must be the registered owner of the vehicle to be used as a taxicab or for-hire vehicle. The taxicab owner license applicant must sign and swear 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 Applicant type:

a. If the owner applicant is an individual, the vehicle owner's full name, home address, home and business telephone number and date of birth (which shall be at least eighteen (18) years prior to the date of application), or

b. If the owner applicant is a corporation, partnership or other legal entity, the names, home addresses, telephone numbers and dates of birth (which must be at least eighteen (18) 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, the make, model, year, vehicle identification number, Washington State vehicle license plate number, 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 for-hire vehicle owned or leased by the vehicle owner within the last three (3) years;

4. Criminal history, as requested by the Department, of the vehicle owner, or if the vehicle owner is a business entity, of the persons specified in subsection C1b above;

5. Insurance policy declarations or insurance binder 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 shall:

a. Be issued by an admitted carrier in the State of Washington with an A.M. Best's Rating of not less than Aand be not less than A.M. Best's Financial Size Category VII; 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,

b. Name The City of Seattle as an additional insured,

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 Twenty-five Fifty Thousand Dollars ($25,000) ($50,000) per person, and Fifty One Hundred Thousand Dollars ($50,000) ($100,000) per accident;

7. State of Washington For-hire Certificate;

8. State of Washington vehicle registration;

9. Certificate of safety as required in SMC Section 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.

D. The taxicab association applicant must inform the Director in writing within seven (7) days if any of the information provided pursuant to subsection C changes, ceases to be true or is superseded in any way by new information.

Section 6. Section 6.310.320 of the Seattle Municipal Code is hereby amended as follows:

6.310.320 Taxicab and for-hire vehicle--Vehicle operating requirements.

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 Class C);

B. For taxicabs only, and subject to Section 6.310.230 A3 C, the vehicle complies with the approved color scheme of the taxicab owner's licensee'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.

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

E. An approved mechanic has issued a valid certificate of safety for the vehicle within the last license year. The safety certificate remains valid, if the vehicle is sold, until the next renewal date (denial of license;

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 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 (Class A);

K. Effective July 15, 2005, the taxicab is equipped to accept credit cards (Class A);

KL. The taxicab is equipped with a properly sealed, working, and accurate receipt-issuing taximeter or receipt-issuing mobile data terminal, as prescribed by the Director (suspension and Class B). The receipt-issuing taximeter or receipt-issuing mobile data terminal must be installed when the taxicab is replaced, but no later than June 30, 2006 (denial of license);

LM. The taxicab or for-hire vehicle is equipped with a consumer passenger information board decal, the size, material, and placement of which is prescribed by the Director by rule. Such board decal shall include , at a minimum, the taxicab or for-hire vehicle name and number , and the taxi complaint hotline telephone number and consumer survey complaint cards. Effective July 15, 2005, a passenger information notice in Braille and raised lettering must be installed as prescribed by the Director by rule. Effective July 15, 2005, passenger survey and complaint cards must be available to passengers in the rear passenger seating area (Class A each;

MN. 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);

NO. After December 31, 2001, tThe taxicab is equipped and operated so that it can be contacted by continuous two-way radio communications using a central dispatch radio base station and a noncell frequency assigned and licensed by the FCC to an association or contracted dispatch service. Until December 31, 2001, this requirement can be met by use of a mobile radio telephone service. 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);

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

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

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);

S. After September 1, 2005, the taxicab must be equipped with an operable digital security camera system approved by the Director pursuant to specifications provided by rule and adopted by the Director (summary suspension and Class B). The requirement for digital security cameras will expire on September 1, 2008, unless the City of Seattle adopts an ordinance to extend the requirement. Access to a recording made by any digital security camera is restricted to law enforcement personnel solely for the investigation and prosecution of crimes (Class C);

T. The taxicab must be equipped with a monitored silent alarm system approved by the Director pursuant to specifications provided by rule and adopted by the Director. All taxicabs with computer dispatch systems shall comply with this requirement by no later than September 1, 2005. All taxicabs with radio dispatch systems shall comply with this requirement by no later than January 1, 2008 (summary suspension and Class B);

U. After January 1, 2008, the taxicab must be equipped with a monitored Global Positioning System (GPS) pursuant to specifications contained in a rule promulgated by the Director;

V. A taxicab must maintain a continuous connection between the taximeter and the computer dispatch system, if such system is installed (5-day suspension and Class B); and

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

Section 7. Section 6.310.330 of the Seattle Municipal Code is hereby amended as follows:

6.310.330 Taxicab owner licensee and for-hire vehicle owner licensee responsibilities

***

K. A wheelchair accessible taxicab licensee must personally drive the vehicle a minimum of forty (40) hours per week for at least 40 weeks per year (revocation).

Section 8. Section 6.310.340 of the Seattle Municipal Code is hereby amended as follows:

6.310.340 Taxicab and for-hire vehicle--License transfer.

A for-hire vehicle or taxicab license may be transferred; provided however, that wheelchair accessible taxicab licenses are nontransferable. No transfer of a for-hire vehicle or taxicab license can take effect until all outstanding penalties assessed against the owner for-hire vehicle or taxicab licensee and/or any driver of the for-hire vehicle or taxicab are paid in full to the Director. The proposed transferee must submit a for-hire vehicle or taxicab license application according to the standards set forth in SMC Section 6.310.300. The standards for denial set forth in SMC Section 6.310.310 apply to proposed transfers. Transfers shall not become effective, and the proposed transferee may not operate the taxicab or for-hire vehicle, until the proposed transferee receives the taxicab or for-hire vehicle license.

Section 9. Section 6.310.350 of the Seattle Municipal Code is hereby amended as follows:

6.310.350 Taxicab and for-hire vehicle--License expiration and renewal.

A. All taxicab and for-hire licenses for the 2004 2005 license period shall expire on August 31st of the year following issuance of the license August 31, 2005. For the 2005 2006 license period and subsequent license year periods, all taxicab and for-hire licenses will expire on June 30 of the year following issuance of the license.

B. Each taxicab or for-hire vehicle owner licensee must renew the for-hire vehicle or taxicab license every year. No taxicab or for-hire vehicle license may be renewed unless all outstanding penalties assessed against the owner taxicab or for-hire vehicle licensee 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 A. 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 B.

Section 10. Section 6.310.400 of the Seattle Municipal Code is hereby 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 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. 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. 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. Statement of applicant listing all reportable accidents and all moving violations the applicant was involved in during the previous three (3) years;

and

89. 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 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 ridden with a trainer designated by the association in a taxicab for at least three (3) full shifts including at least one (1) night shift and successfully completed a one (1) week four (4) day association training program provided by the taxicab association, 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

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

b. Received instruction in the proper use of the radio, taximeter, and computer (if applicable) and how to complete a trip sheet and safety checklist; and

c. Received at least one (1) hour of instruction on risk factors for crimes against for-hire drivers, emergency procedures, and equipment installed in taxicabs for the driver's personal safety.

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 11. Section 6.310.415 of the Seattle Municipal Code is hereby amended as follows:

6.310.415 For-hire driver training program.

A. All initial for-hire driver applicants must have successfully completed, prior to taking the written 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, use of emergency procedures and equipment for the driver's 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 (denial of license).

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

1. A taxicab association 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).

C. A for-hire driver must complete a separate training session and written test on for-hire driver personal safety within three (3) months from the date of issuance of the initial license. The Director shall set forth the requirements of the training program by rule (suspension).

D. A for-hire driver who operates a wheelchair accessible taxicab must successfully complete a separate training program for the special needs of passengers in wheelchairs, including but not limited to, loading and tie-down procedures and door-to-door service as prescribed in rule by the Director (Class C).

Section 12. Section 6.310.420 of the Seattle Municipal Code is hereby amended as follows:

6.310.420 For-hire driver written and oral examination.

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.; and

5. Knowledge of risk factors for crimes against for-hire drivers, emergency procedures, and taxicab equipment for driver's personal safety.

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, including the initial and periodic for-hire driver written safety test, 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 13. Section 6.310.425 of the Seattle Municipal Code is hereby 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 may issue a temporary for-hire driver's license to an applicant who has filed a complete license application, meets the requirements of Section 6.310.400 A and B and has passed the written and oral examination per Section 6.310.420, except for the driver safety session required by Section 6.310.415 C. The temporary license is valid for a period not to exceed sixty (60) one hundred and twenty (120) days from the date of the application and shall not be extended or renewed. Only one (1) temporary license may be issued to the same person within any two (2) year time period.

B. The temporary license shall not be transferable or assignable and shall be valid only for operating the taxicab(s) or for-hire vehicle(s) specified by the Director on the license.

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 14. Section 6.310.450 of the Seattle Municipal Code is hereby amended as follows:

6.310.450 For-hire driver operating standards.

A. A for-hire driver shall not operate a taxicab or for-hire vehicle without first obtaining and maintaining a valid for-hire driver's license (misdemeanor or 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 security camera, 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 (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 nonrenewal).

I. A for-hire driver shall immediately notify the taxicab association when the for-hire driver has been the victim of a crime (Class A).

J. A for-hire driver operating a wheelchair accessible taxicab shall provide service to passengers in wheelchairs before any other passengers (Class B).

K. A for-hire driver shall not operate a taxicab unless the digital camera is operating at all times while picking up, transporting, or dropping off passengers (Class B).

L. A for-hire driver shall accept credit cards for payment of fare when requested by passengers (Class A).

Section 15. Section 6.310.455 of the Seattle Municipal Code is hereby amended as follows:

6.310.455 For-hire driver conduct standards.

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(s) that is are left behind by passenger(s). Such articles found in taxicabs are to be reported as found property 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. An enlargement of the for-hire license shall be displayed in a permanent frame 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 (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, as agent of the taxicab licensee, 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 forhire vehicle for more than twelve (12) hours spread over a total of fifteen (15) hours in any twenty-four (24) hour period. Thereafter, such for-hire 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 nonsafety 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 or a police officer, provide the City-issued for-hire license and/or Washington State driver's license for inspection (suspension and Class B);

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 Section 6.310.320 N O, is on and operating, and drivers must notify the taxicab association dispatch that they are available after completing each trip (Class B--both). ;

R. A for-hire driver shall not use a cell phone while a passenger is in the taxicab (Class B);

S. A for-hire driver shall not sub-lease a taxicab to another driver unless that driver has a valid for-hire driver license and the for-hire driver is currently affiliated with the taxicab association (suspension and Class B); and

T. A for-hire driver must notify the Director within three (3) working days of being involved, while operating a taxicab, in any vehicle accident that is required to be reported to the State of Washington (Class B).

Section 16. Section 6.310.460 of the Seattle Municipal Code is hereby amended as follows:

6.310.460 For-hire driver taxicab meter/rates standards.

A. A for-hire driver shall not operate any taxicab that does not have a sealed taximeter in good working order (suspension and Class B).

B. A for-hire driver must activate the taximeter at the beginning of each paid trip, whether the fare is computed by the taximeter, contract or flat rate, and deactivate the taximeter upon completion of the trip. Beginning of a trip means the point where the passenger is seated, or materials stowed, and the forward motion of the vehicle begins. The taximeter shall not be engaged unless the taxicab is transporting passengers or materials for compensation (Class A).

C. A for-hire driver shall assure that the meter reading is visible from a normal passenger position at all times (Class A).

D. A for-hire driver shall not operate a taxicab or for-hire vehicle that does not have the rate posted as prescribed by the Director (Class A).

E. A for-hire driver shall not ask, demand or collect any rate or fare other than as specified on the meter, required by ordinance, or pursuant to special rates or contract rates on file with the Director (Class B).

F. A for-hire driver shall complete daily tripsheets, as prescribed by the Director, and shall show all trips in an accurate and legible manner as each trip occurs. The driver's name, vehicle name and number, beginning odometer, and beginning time of the shift worked must be written on the trip sheet at the start of each shift before carrying passengers (Class A). Daily tripsheets shall also include the following information:

1. Driver's name and for-hire license number;

21. Owner's Taxicab licensee's name and vehicle name and number;

32. Vehicle for-hire license number;

43. Beginning and e Ending odometer reading;

54. Beginning and e Ending time of each shift worked;

65. Date, time, place or origin, and dismissal of each trip;

76. Fare collected;

87. Number of passengers;

98. No shows; and

109. Contract rates or special rates (all Class A).

G. A for-hire driver shall allow the Director to inspect the daily trip sheet at any time, without notice (Class B).

H. A taxicab driver shall turn in completed trip sheets to the taxicab association at least weekly (Class A).

Section 17. Section 6.310.465 of the Seattle Municipal Code is hereby amended as follows:

6.310.465 For-hire driver--Passenger relations standards.

***

I. 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). If a receipt-issuing taximeter is installed, a printed receipt must be provided to the passenger upon payment of the fare (Class A each).

J. 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).

K. 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).

L. 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 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 causes the for-hire driver to reasonably 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 (Class B).; or

4. The passenger refuses to state a specific destination upon entering the taxicab (Class B).

M. A for-hire driver shall not smoke while the taxicab or forhire vehicle is occupied without the consent of all passengers. If the taxicab is designated as a "nonsmoking" taxicab, no-smoking signs must be posted 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).

N. 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).

O. 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).

P. A for-hire driver shall not operate a wheelchair accessible taxicab unless the for-hire driver has successfully completed the special training requirements set forth in SMC 6.310.415 E (Class C and five (5) day suspension).

Section 18. Section 6.310.470 of the Seattle Municipal Code is hereby 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 twelve (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 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 SMC 6.310.475 D and E (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. Section 6.310.475 of the Seattle Municipal Code is hereby amended as follows:

6.310.475 For-hire driver taxi zone standards.

A. A for-hire driver shall not leave the taxicab unattended in a taxicab zone for more than fifteen (15) minutes. Such vehicles will be impounded by order of the Director (Class A).

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 one hundred and fifty (150) feet from a taxicab zone designated by the Director, except for wheelchair accessible taxicabs. Notification of such zone designation will be sent to all taxicab associations 10 days prior to the effective date of the designation (Class B and suspended from using the taxicab zone for 14 days).

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 60 days).

Section 20. Section 6.310.500 of the Seattle Municipal Code is hereby amended as follows:

6.310.500 Taxicabs--Maximum number.

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 (1) time shall not exceed two hundred (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 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 SMC Section 6.310.110. These are non-transferable wheelchair accessible taxicab licenses and shall not be included in calculating the maximum number of taxicab licenses allowable pursuant to paragraph A of this section. The Director shall conduct a demonstration project to determine the economic feasibility of the long term issuance of such licenses and shall determine and set forth by rule whether such licenses shall be issued as temporary or permanent licenses.

D. If the Director determines that issuance of additional taxicab licenses is warranted, not to exceed the maximum allowable taxicab licenses issued pursuant to paragraph A of this section, such licenses will be issued pursuant to a competitive request for proposal and award process or lottery of qualified applicants, as prescribed in rule adopted by the Director.

Section 21. Section 6.310.510 of the Seattle Municipal Code is hereby amended as follows:

6.310.510 Response times.

The Director shall establish a schedule of optimum average taxicab response times to requests for taxicab service at selected points within the City. The Director shall periodically thereafter survey actual taxicab response times. A comparison of average actual response times to the optimum average taxicab response times shall be used as an indicator of taxicab industry performance and may be used as one criterion in evaluating and recommending rate and entry changes.

Section 22. Section 6.310.605 of the Seattle Municipal Code is hereby amended as follows:

6.310.605 Monetary penalties and penalty points.

A. For-hire Driver or Taxicab/For-hire Vehicle Violations.

Violation Penalties Against a Penalty Points For-hire Driver, or Attributed to Owner of a Taxicab Taxicab Licensee Association or For-hire Vehicle For Each For Each Violation Violation

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

First Class A in one year $ 30.00 $35.00 2

Second Class A in one year 60.00 $70.00 3

Third or more Class A 100.00 $120.00 4 violation in one year

First Class B violation in 60.00 $70.00 4 one year

Second Class B violation in 150.00 $175.00 7 one year

Third or more Class B 250.00 $300.00 10 violation in one year

All Class C violations $1,000.00 20

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

Failure to appear for $50 2 penalty inspection scheduled by the points Director (see Section 6.310.330 I and paragraph below)

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

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

"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.

***

Section 23. Section 6.310.635 of the Seattle Municipal Code is hereby 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. If the affected licensee is a taxicab driver, the Director shall at the same time give written notice of violations to the taxicab owner licensee and the taxicab association. If the affected licensee is a taxicab owner 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 owner 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 Section 6.310.610 A, shall state that the driver, owner taxicab or for-hire vehicle licensee, and/or taxicab association is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the violation. Upon written request, submitted by the person named on the violation, filed within ten (10) calendar days after the date of the notice of denial, violation, suspension or revocation, the Director shall set a hearing date and time to be held as soon as possible and not more than fourteen (14) thirty (30) calendar days from the date of the request or the next business day after that if the thirtieth day falls on a weekend or holiday.

C. Any notice of summary suspension or revocation pursuant to Section 6.310.610 A and D1, shall state that the driver, taxicab or for-hire vehicle licensee, and/or taxicab association is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the violation. Upon written request, submitted by the person named on the violation, filed within ten (10) calendar days after the date of the notice of the summary suspension or revocation, the Director shall set a hearing date and time to be held as soon as possible and not more than seven (7) calendar days from the date of the request or the next business day after that if the seventh day falls on a weekend or holiday. The Director shall render a decision affirming or reversing the summary suspension or revocation within three (3) business days after the conclusion of the hearing.

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 or for-hire driver license may be reinstated without a hearing if the violation was for failure to pay a monetary penalty within thirty (30) days, if the licensee pays the monetary penalty in full within ten (10) days of the date of license revocation and pays a license reinstatement fee. This authority to reinstate licenses without a hearing only applies if it is the first instance of failure to pay a monetary penalty in the calendar year.

CE. 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.

DF. The hearing shall be informal, but shall be recorded by electronic means provided by the Director. Within twenty (20) days of the hearing, the Director shall issue a written ruling including factual findings and the Director's conclusion, with supporting reasons, affirming, modifying or reversing the notice. The decision shall be mailed by first class mail to each affected licensee at the address listed on the application; or in any supplemental materials. However, if the licensee is a taxicab owner licensee or taxicab driver, the decision shall be mailed by first class mail to the licensee at the address of the taxicab association.

E. The decision of the Director is final if a monetary penalty only is imposed or if no timely appeal is filed pursuant to subsection F.

FG. If the Director's decision imposes or affirms a denial, suspension or revocation, including summary suspension or revocation, any affected licensee may appeal the entire decision to the Hearing Examiner by filing a notice of appeal with the Hearing Examiner within ten (10) days after the date of mailing of the decision. Decisions of the Director imposing a monetary penalty only, pursuant to subsection D, shall not be appealable to the Hearing Examiner.

GH. If a timely notice of appeal is filed pursuant to subsection F G above, a hearing shall be scheduled and conducted by the Hearing Examiner according to the Hearing Examiner rules for contested cases. At the Hearing Examiner hearing, the Department shall have the burden of proving by a preponderance of the evidence that the alleged violation occurred.

HI. The Hearing Examiner may affirm, modify or reverse the decisions of the Director.

Section 24. Section 6.310.700 of the Seattle Municipal Code is hereby amended as follows:

6.310.700 Consumer Passenger complaint hotline.

The Director may establish, in conjunction with King County and the Port of Seattle, a shared consumer passenger complaint telephone number and complaint resolution process.

Section 25. Section 6.310.710 of the Seattle Municipal Code is hereby amended as follows:

6.310.710 Passenger complaint process.

A. Upon receiving a written complaint involving the conduct of the for-hire 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 advising such person of the allegation(s) made in the complaint;

2. Require the for-hire vehicle licensee or the taxicab association 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 investigate the allegation(s) in the notice of complaint and the response submitted by the for-hire driver or vehicle owner; and

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

5. Require the taxicab association to take the appropriate action to resolve the complaint which may include a written explanation, a written apology, reimbursement of any fare overcharges, mandatory driver retraining, suspension of driver, or any other reasonable action necessary to resolve the complaint with the passenger.

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, taxicab or for-hire vehicle licensee's 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.

C. Failure to comply with any Notice and Order issued as a result of the above process is a Class B violation.

Section 26. 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 _________, 200__, and signed by me in open session in authentication of its passage this _____ day of __________, 200__. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 200__. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 200__. ____________________________________ City Clerk

February 16, 2005 version #19 t