§ 55.34. Administrative Enforcement—Drivers.

(1)

Specific Grounds for Suspension of Driver's Permit. Without limiting the generality of Section 55.33 above, the following shall constitute specific grounds for suspension of the Driver's Permit:

(a)

Operation Without Public Display of Driver's Permit. If a Driver who operates any Vehicle-for-Hire fails to visibly display his/her Driver Permit on his/her outer garment or in such vehicle at all times when on duty.

(b)

Charging of Rates Inconsistent with Established Rates. If a Driver charges, receives, or obtains any fare from a passenger that is not strictly consistent with any rates and surcharges approved by the City.

(c)

Charging of Rates Inconsistent with Rates on File with the City. If a Driver charges, receives, or obtains any fare from a passenger that is not strictly consistent with any rates on file with the Vehicle-for-Hire Administrator.

(d)

Possession of Prohibited Electronic Devices. If a Driver is in possession of, or it is located within the interior of the Vehicle, any electrical device such as radar detector/"fuzz buster," police, two-way or similar scanners, or two-way radio frequency monitors.

(e)

Failure to Possess Printed Schedules. If a Driver fails to have printed schedules of the current adopted rates and/or surcharges available at all times for inspection in all Vehicles-for-Hire, except Taxicabs and Livery vehicles.

(f)

Driver Trip Reports. If the Driver fails to keep updated Trip Reports as required pursuant to Section 55.18 above.

(g)

Operation of a Taxicab with Meter in Non-Calculating Position. If a Driver operates a Taxicab Vehicle-for-Hire with any passenger or occupant when the meter is in the non-calculating position, except when operating on a hourly or trip rate.

(h)

Tampering with Taxicab Meter. If any Driver tampers with or changes the adjustment of a meter.

(i)

Operation of a Taxicab with Inaccurate Meter. If the Driver operates a Taxicab Vehicle-for-Hire with the knowledge that the meter does not accurately register the mileage and the rate as set by the City. Evidence of the breaking of an official meter seal of the Florida Department of Agriculture and Consumer Services shall constitute prima facie evidence that a meter does not accurately register the mileage and rate required by City ordinances.

(j)

Failure to Produce Driver's Permit. If a Driver operating any Vehicle-for-Hire fails to produce his or her Driver Permit upon demand of any passenger, the Vehicle-for-Hire Officer(s) or Administrator, representative or agent of GOAA or law enforcement officer.

(k)

Smoking by Driver. If a Driver smokes a cigarette, cigar, pipe or other tobacco substance in the vehicle while such vehicle is occupied by a passenger, unless the passenger(s) consents otherwise.

(l)

Vehicle-for-Hire Limited to Driver and Passengers. If a Driver allows or permits any person not a passenger, other than the Driver him/herself, to occupy the Vehicle-for-Hire while it is hired.

(m)

Hours of Driving. If a Driver operates one or more Vehicles-for-Hire for more than twelve (12) cumulative hours within any continuous twenty-four (24) hour period.

(n)

Payment of "Turkey" Money. If a Driver pays any money or other gratuity including money, commonly referred to as "turkey money," to a hotel, motel, or restaurant, their agents or employees, skycaps or bellmen as consideration for diverting or attempting to divert a passenger or passengers from one transportation company, or particular category of Vehicle-for-Hire to another, Vehicle Permit-holder company, Driver, or other category of Vehicle-for-Hire services to the Driver's Company or Vehicle.

(o)

Receipt of "Turkey" Money. If a Driver receives or accepts any money or other gratuity including money, commonly referred to as "turkey money," from a hotel, motel, or restaurant, their agents or employees, or skycaps or bellmen, as consideration for diverting or attempting to divert a passenger or passengers from one hotel, motel, or restaurant to another hotel, motel, or restaurant.

(p)

Misleading Passengers. If a Driver intentionally or knowingly misleads, by any act or word, a passenger or potential passenger about:

(i)

the time or place of arrival or departure of a train, airplane, any Vehicle-for-Hire or bus;

(ii)

the location of any building or place, or the distance between two points;

(iii)

the cost or amount of the trip; or

(iv)

information on the cost, availability or quality of another Vehicle Permit-holder or Driver.

(q)

Unauthorized Use of Streets. Except as provided in this Chapter, if a Driver allows the Vehicle-for-Hire to remain, park or occupy any space on the streets for the transaction of business other than the picking up of passengers and letting out of passengers.

(r)

Operation of Permitted Vehicle-for-Hire for Non-Permitted Service. If any Driver, operates, or causes to operate, the permitted Vehicle-for-Hire in a category of vehicle service which is not the category authorized by the Vehicle Permit.

(s)

Possession of Sign. If the Driver violates Section 55.14(1)(d) or (e) or 55.14(3)(c) with the possession of an improper sign or top light.

(t)

Failure to Update Application Information on File with City. If a Driver violates Section 55.31(1) by failing to provide the most current application information to the Vehicle-for-Hire Administrator.

(u)

Taxicab Stand Misconduct. If a Driver violates any of the provisions of Section 55.31(7), regulating conduct of Taxicab stands.

(v)

Passenger Receipts. If a Driver violates Section 55.31(6), regulating the issuance of receipts.

(w)

Wrongful Termination or Refusal of Trip. If the Driver wrongfully terminates or refuses a trip for any reason not listed in Section 55.31(3).

(x)

Unlawful Solicitation. If the Driver engages in the unlawful solicitation of passengers as pursuant to Section 55.31(9) above.

(y)

Driver Conduct. Obscene, profane or abusive behavior by a Driver towards his/her passenger(s).

(z)

Failure to Produce Documentation of Prearranged Transportation. If a Driver operating any Vehicle-for-Hire fails to produce written documentation of prearranged for hire services upon demand of an Orlando Police or Vehicle-for-Hire Officer.

(aa)

Operation of Non-Permitted Vehicle-for-Hire. If any Driver operates a non-permitted Vehicle-for-Hire.

(2)

Suspension of Driver's Permit. If the Vehicle-for-Hire Administrator chooses to suspend a Driver's Permit, the Vehicle-for-Hire Administrator shall set a time certain for the period of suspension. During the period of suspension the Driver shall not operate any Vehicle-for-Hire. The reinstatement fee for a suspended Driver's Permit shall be One Hundred Dollars ($100).

(3)

Grounds for Revocation of Driver's Permit. The following shall constitute grounds for revocation of the Driver's Permit:

(a)

Multiple Suspensions. If a Driver is suspended three or more times in one 365-day period, then the Driver's Permit shall be revoked.

(b)

Altering of Driver's Permit. If a Driver willfully alters, defaces, obliterates or destroys any Driver's Permit issued herein, or causes the same to be defaced, obliterated or destroyed, then the Driver's Permit shall be revoked.

(c)

Operation of Vehicle-for-Hire with Suspended Driver's Permit. If the Driver who has had the Driver's Permit suspended operates a Vehicle-for-Hire, then the Driver's Permit shall be revoked.

(d)

Driver Convicted. If any Driver is convicted of any of the crimes listed in paragraph 55.29(4), then the Driver's Permit shall be revoked.

(e)

Failure to Pay Reinstatement Fee. If a Driver fails to pay the required reinstatement fee by the end of the suspension period pursuant to paragraph 55.34(2) Orlando City Code, then the Driver's Permit shall be automatically revoked.

(4)

Revocation of Driver's Permit. If the Vehicle-for-Hire Administrator chooses to revoke a Driver's Permit, the Driver shall return the Driver's Permit to the Vehicle-for-Hire Administrator within five (5) working days of the date of revocation. Any such Driver whose permit or permits are revoked shall not be eligible to apply for a Driver's Permit for twelve (12) months from the date of revocation. After twelve (12) months, the former Driver shall be required to re-apply as a new applicant in order to obtain any Driver's Permit issued herein. The former Driver shall pay the full permit fee for a Driver's Permit.

(Ord. of 4-20-1998, Doc. #31157; Ord. of 1-11-2007, § 22, Doc. #0701111008; Ord. No. 2013-6, § 7, 2-4-2013, Doc. #1302041203; Ord. No. 2014-64, § 13, 12-15-2014, Doc. #1412151203)