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024 of 1999 - Amending Ground Transportation and Taxicab Requirements0 99-1 0 98-5 SALT LAKE CITY ORDINANCE No. 24 of 1999 (Amending ground transportation and taxicab requirements) AN ORDINANCE REPEALING SECTIONS 5.05125, 5.71.060, 5.72.045, 5.72.375, 5.72.410, 5.72.445, 5.72.450, 5.72.470, 5.72.500, 5.72.510, 5.72.545, 5.72.575, 5.72.580, AND 5.72.590, SALT LAKE CITY CODE, AND AMENDING SECTION 5.05.120, PERTAINING TO CERTIFICATES OF CONVENIENCE AND NECESSITY, AMENDING CHAPTER 5.71 PERTAINING TO GROUND TRANSPORTATION REQUIREMENTS, AMENDING CHAPTER 5.72 PERTAINING TO TAXICABS, AND AMENDING SECTION 16.60.090 PERTAINING TO DEFINITIONS REGARDING GROUND TRANSPORTATION BUSINESSES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5.05.125, Salt Lake City Code, pertaining to additional authority by holders of certificates of convenience and necessity be, and the same hereby is, repealed. SECTION 2. That Section 5.05.120, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 5.05.120. Insurance required. No certificate of public convenience and necessity shall be issued or continued in operation, unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to 1 form by the city attorney, that there is in full force and effect vehicle liability insurance covering the operation of applicant's transportation vehicles with minimum limits of $250,000 for one person in any one occurrence, $500,000 for two or more persons in any one occurrence and $100,000 for property damage or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor or such greater amounts as may be required by the Utah Department of Transportation or the United States Department of Transportation. Such policy or policies shall include coverage of all vehicles and horses used or to be used for public transportation for hire, and all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the city's recorder at all times that a certificate of convenience and necessity is held verifying such continuing coverage and naming the city as an additional insured. The certificate shall contain a statement that the city will be given written notification at least thirty days prior to cancellation or material change in the coverage without reservation of nonliability for failure to so notify the city. Cancellation shall constitute grounds for revocation of the certificate of convenience and necessity issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination. SECTION 3. That Section 5.71.060 Salt Lake City Code be, and the same hereby is, repealed. SECTION 4. That Chapter 5.71, Salt Lake City Code, pertaining to ground transportation requirements be, and the same hereby is, amended to read as follows: Chapter 5.71. GROUND TRANSPORTATION REQUIREMENTS Sections: 5.71.010 Definitions. 2 5.71.020 Purpose of enactment and department responsibilities. Article I. Enforcement and Civil Penalties 5.71.030 Comment Form. 5.71.040 5.71.050 5.71.070 5.71.080 5.71.090 5.71.100 5.71.110 Form of Comment Form. Issuance of civil notice of ground transportation violation. Record keeping. Civil penalties. Appeal Procedures - Civil notice of ground transportation violation. Expedited appeal of exclusion. Policies and procedures. Article II. Driver Standards 5.71.120 Driver and starter appearance. 5.71.130 Driver conduct. Article III. Smoking 5.71.140 Smoking. Article IV. Vehicle Standards 5.71.150 Vehicle exterior. 5.71.160 Vehicle interior. 5.71.170 Vehicle signage. 5.71.175 Insurance required. Article V. Inspections 5.71.180 Periodic inspections. 5.71.185 Additional vehicle inspections. 5.71.190 Inspection sticker. 5.71.200 Failure of inspection. 5.71.205 Removal of inspection sticker prohibited. 5.71.210 Inspection after certain penalties. 5.71.220 Other inspections. 5.71.230 Civil penalties. 5.71.240 Records and operating procedures. 5.71.010 Definitions. The words and phrases, when used in this chapter, shall have the meaning defined and set forth in this article. 3 A. "Authorized ground transportation business" means any business operating any ground transportation vehicle. B. "Automobile" or "station wagon" means any motor vehicle which is registered at a gross weight of less than six thousand pounds, or, if not registered commercially, that such vehicle would receive a weight classification as gross weight of less than six thousand pounds, if such vehicle were to be registered commercially. C. "Bus" means any motor vehicle operated on the streets and highways for hire on a scheduled or nonscheduled basis which is registered with the state at a gross weight of over thirty six thousand pounds, and is licensed under Section 5.26.050 of this code, or its successor. Such defined word, however, shall not include any buses operated by the Utah Transit Authority. D. "Business Licensing Office" means the division of building services and licensing of Salt Lake City Corporation or its successor. E. "Civil Notice" means the written notice of ground transportation violation as provided under this chapter. F. "Courtesy car" means any motor vehicle, other than a taxicab, bus or limousine, which is regularly operated on Salt Lake City streets for transportation of customers and/or baggage between any railroad station, bus station, airport, or business, and any motel, hotel, auto rental office, business or parking lot, without making a specific separate charge for such transportation, and which is licensed under Chapter 5.26 of this code, or its successor. G. "Ground transportation vehicle" means any vehicle used for the transportation of persons using Salt Lake City streets for commercial purposes or as a courtesy in connection with a business including, but not limited to, any bus, courtesy car, limousine, minibus, special 4 transportation vehicle, taxicab or van as defined in this Section 5.71.010 or its successor. H. "Limousine" means any motor -propelled vehicle having a wheel base in excess of one hundred twenty inches, operated on the streets and highways for hire, with a driver furnished who is dressed in a chauffeur's uniform or tuxedo while on duty, operated on a scheduled or nonscheduled basis, and licensed under Section 5.26.050 of this code, or its successor. This definition shall not include, without limitation, a taxicab, bus, van or minibus. I. "Minibus" means any motor vehicle which is registered with the state at a gross weight of ten thousand and one to thirty-six thousand pounds, operated on a scheduled or nonscheduled basis, or is designed to transport sixteen or more persons, including the driver, and is licensed under Section 5.26.050 of this code, or its successor. Such term, however, shall not include any minibus operated by any local, state or federal agency. J "Named party" means_the driver, vehicle owner or authorized ground transportation business named in a civil notice issued by the city. K. "Payment Period" shall have the meaning set forth in Section 5.71.080(B), or its successor. L. "Comment form" or "form" shall have the meaning set forth in Article I of this chapter, or its successor. M. "Special transportation vehicle" means any vehicle for hire on Salt Lake City streets, which is used for the transportation of disabled persons and is licensed under Chapter 5.76 of this code, or its successor. N. "Starter" mean a person appointed by and representing a ground transportation business at a terminal of public transportation who coordinates travel arrangements and 5 information about available services and fares. O. "Taxicab" means a motor vehicle used in this transportation of passengers for hire over the public streets and not operated over a fixed route or upon a fixed schedule, but which is subject for contract hire by persons desiring special trips from one point to another, and which is licensed under Chapter 5.72 of this code, or its successor. It does not include an automobile rental vehicle licensed under any other section of these ordinances. P. "Temporary Vehicle" means any motor vehicle used in the transportation of passengers and their luggage, using the streets within the corporate limits of Salt Lake City, for commercial purposes, or in connection with the operation of a hotel, motel, parking establishment, car rental operation, or in connection with the operations of a transportation for hire, for a period not to exceed fourteen days. It does not include any vehicle operated as a taxicab licensed under Chapter 5.72 of this code or it's successor. Q. "Van" means any motor vehicle which is registered with the state at a gross weight of four thousand to ten thousand pounds, or is designed to transport fifteen passengers or less, including the driver and which is licensed under Section 5.26.050 of this code, or its successor. 5.71.020 Purpose of enactment and department responsibilities. I. This chapter is enacted to provide for and protect the interests of Salt Lake City residents and visitors using ground transportation services which make use of city streets, including: A. To reflect standards of professionalism prevalent in and accepted by the Salt Lake community at large; 6 B. To enhance the comfort, ease and safety of the traveling public on Salt Lake City streets; C. To enhance Salt Lake City's competitiveness in attracting the traveling public to this city; D. To increase safety for the drivers of ground transportation vehicles, their passengers, and the public when such vehicles are operated on Salt Lake City streets; E. To adequately identify ground transportation vehicles and their drivers to the public in Salt Lake City; F. To meet the needs of the public using ground transportation vehicles in Salt Lake City; and G. To provide for uniform enforcement of standards throughout the city. by coordinating the efforts of the departments responsible for enforcement, adjudication, and business licensing of all commercial ground transportation businesses and vehicles. II. The Mayor shall designate a city department to be responsible for the enforcement and inspections of all ground transportation vehicles operating within the corporate limits of Salt Lake City. Article I. Enforcement and Civil Penalties. 5.71.030 Comment Form. Any person may complain of any violation of this chapter or of any ground transportation vehicle, or of any driver of a ground transportation vehicle operating within the corporate limits of Salt Lake City by filing a comment form with the department responsible of the enforcement 7 of ground transportation violations in the manner set forth in this article. 5.71.040 Form of Comment Form. A. The city shall cause to be printed a servico comment form substantially as follows: COMMENT FORM Please provide the following information if you have any comments about the quality of the ground transportation services being provided to you: 1. Company Providing Transportation: 2. Driver's Name (and Number, if any): 3. Date and Time: 4. Location: 5. Comments/Objections: 6. Your Name: 7. Your Home address: 8. Your Business Phone Number: 9. Your Signature: B. The comment form shall be a "self mailer" type, providing the name and mailing address where the form is to be returned and telephone number of the city department responsible for the enforcement of ground transportation violations. C. The comment form set forth in this section shall be printed in the form of a card, and all ground transportation vehicles shall at all times carry such cards in an area directly visible and accessible to the public. The comment forms or cards may be available at other locations 8 selected by the city. 5.71.050 Issuance of a civil notice of ground transportation violation. A. Every notice issued under this chapter shall be issued in the form of a written civil notice of a ground transportation violation and shall contain a statement that the named party may appeal the imposition of the penalty and information regarding how to appeal. B. Any driver, vehicle owner or, as set forth in this section, any authorized ground transportation business which violates any provision of this chapter may be named in a civil notice issued by the city and shall be subject to the civil penalty as provided in Section 5.71.080 or its successor. A violation of any provision of this chapter by any driver or vehicle owner shall also constitute a violation of such provision by the ground transportation business under whose certificate of convenience and necessity such driver or owner was operating at the time of the violation if the same driver or owner has had three or more violations of this chapter, of chapter 5.72, or of Chapter 16.60 within a three consecutive year period. 5.71.070 Record keeping. The city shall create a file for each driver and for each authorized ground transportation business at the time any item is submitted for filing. The city shall maintain any item placed in such files for a period as required by law. 5.71.080 Civil penalties. The following shall constitute civil penalties which may be imposed by the city as set forth under this chapter: A. Civil penalties may be imposed for violations of this chapter within the city. The named party in the civil notice shall be liable for a civil penalty. Any penalty assessed in 9 subsection B of this section may be in addition to any other penalty as may be imposed by law. B. Civil Penalties shall be imposed as follows: The increased amounts for second and third and additional offenses shall be imposed only if the same violation occurs within a three consecutive year period. ARTICLE II, Drivers Standards Driver appearance. 5.71.120 A,B,C,D,E,F,G,H,I,J,K First offense $60.00 Second offense $80.00 Third or additional offense $100.00 Driver conduct 5.71.130 A,B,C,D,E,F,G,H,I,J First offense $60.00 Second offense $80.00 Third or additional offense $100.00 ARTICLE III, Smoking Smoking 5.71.140 First offense $60.00 Second offense $80.00 Third offense $100.00 ARTICLE IV. Vehicle Standards Vehicle exterior 5.71.150 A,B,C,D,E,F,G,H First offense 10 $60.00 Second offense $80.00 Third offense $100.00 Vehicle interior 5.71.160 A,B,C,D,E,F First offense $60.00 Second offense $80.00 Third offense $100.00 Vehicle signage 5.71.170 A,B,C First offense $60.00 Second offense $80.00 Third offense $100.00 Vehicle insurance 5.71.175 A,B First offense $60.00 Second offense $80.00 Third offense $100.00 ARTICLE V, Inspections Removal of Inspection sticker 5.71.205 $125.00 Failure to obtain Vehicle Inspection 5.71.180 $125.00 Failure to obtain Meter Inspection 5.71.405 $350.00 Failure to take Best Route 5.72.515 $150.00 (t. �, C. The Civil penalties specified in subsection B shall be subject to the following: 1. For violations of Articles II, III, or IV: a. Any penalty that is paid within ten days from the date of receipt of civil notice 11 shall be reduced by twenty dollars. b. Any penalty that is paid within twenty days from the date of receipt of civil notice shall be reduced by ten dollars. c. Any penalty that is paid within thirty days from the date of receipt of civil notice shall be reduced by five dollars. 2. For violations of Article V: a. Any penalty that is paid within ten days from the date of receipt of civil notice shall be reduced by fifty dollars. b. Any penalty that is paid within twenty days from the date of receipt of civil notice shall be reduced by thirty dollars. c. Any penalty that is paid within thirty days from the date of receipt of civil notice shall be reduced by fifteen dollars. D. As used in this section, "receipt of civil notice" means: for the driver or owner of the vehicle, the affixing of a civil notice of ground transportation violation to the vehicle alleged to have been employed in such ground transportation violation, or by delivery of such civil notice to the vehicle owner or driver, or for an authorized ground transportation business, by delivery of such civil notice to an owner or officer or process agent of the authorized ground transportation business. E. Revocation, suspension and nonrenewal of a city license to operate a taxicab or to operate a ground transportation business may be imposed in accordance with chapter 5.02 of this code, or its successor, t for violations of this code. As provided in section 5.02.260, or its successor, no revocation, suspension or denial of a license shall be imposed until a hearing is first 12 held as provided in chapter 5.02. Any such action shall remain in effect until the party against whom such action is taken requests reinstatement, and the city determines that the violations upon which such action was taken have been remedied and that reinstatement is appropriate. F. The city department responsible for the enforcement of ground transportation violations may require an inspection of any ground transportation vehicle whenever a completed comment form received by the city relates to such vehicle in a negative manner or upon the issuance of any civil notice that relates to the requirements set forth for standards of vehicles. G. If any named party fails to comply with civil penalties imposed under this chapter such party may be subject to suspension, revocation or nonrenewal of a city license to operate a taxicab or to operate a ground transportation business. 5.71.090 Appeal Procedures - Civil notice of ground transportation violation. A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider matters relating to violations of this chapter, including, but not limited to departmental hearing officers and mayoral hearing examiners. "Departmental hearing officers" means employees of the treasurer's office charged with the responsibility of hearing appeals regarding civil penalties assessed under section 5.71.080, or its successor. "Mayoral hearing examiners" means persons appointed as provided by section 5.02.280 to hear matters involving business license revocations, suspensions, and denials or approvals. B. Any named party may appear before a departmental hearing officer and present and contest an alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. D. If the departmental hearing officer finds that no violation of this chapter occurred, 13 or that a violation occurred but one or more of the defenses set forth in this section is applicable, the departmental hearing officer may dismiss the civil notice and release the named party from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are: 1. The civil notice does not contain the information required by this chapter; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 3. Such other mitigating circumstances as may be approved by the city law department. E. If the departmental hearing officer finds that a ground transportation violation occurred and no applicable defense exists, the departmental hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty. F. If the penalty imposed pursuant to this chapter remains unsatisfied after forty days from the receipt of civil notice, or ten days from such date as may have been agreed to by the departmental hearing officer, the city may use such lawful means as are available to collect such penalty, including costs, attorney's fees, interest, suspension, revocation, or non -renewal of a city license. 5.71.100 Expedited appeal of exclusion. Any named party who is excluded from pursuing commercial activities under this chapter, and has not had a hearing before a mayoral hearing examiner regarding such exclusion, may request an expedited appeal of such exclusion within five business days of the date when 14 such exclusion is effective. Such appeal shall be requested in person by the person so excluded to the department responsible for enforcement. The city department responsible for enforcement shall promptly investigate the facts relating to such exclusion. If the evidence indicates that such exclusion is improper under this chapter, the department's manager or other designated officer shall stay such exclusion until the issue can be heard and determined by a mayoral hearing examiner. If the exclusion is not stayed by the department charged with enforcement, a hearing regarding such exclusion shall be held before a mayoral hearing examiner within five days of the manager's or departmental officer's determination. If the evidence indicates that such exclusion is proper under this chapter such hearing officer shall uphold such exclusion. 5.71.110 Policies and procedures. The city departments responsible for enforcement, adjudication and business licensing shall create and implement such policies and procedures as are necessary or desirable to comply with and operate under this chapter and the same shall be consistent with the purposes of this chapter and applicable law, and shall meet due process requirements. Article II. Driver Standards 5.71.120 Driver and starter appearance. The drivers of ground transportation vehicles and starters representing commercial ground transportation within the city shall adhere to the following standards of appearance while operating such vehicles, or while representing commercial ground transportation, in order to meet the interests of Salt Lake City in such transportation: A. Wear enclosed shoes or boots or sandals with socks. 15 B. Maintain their hair, and beards or mustaches, if any, in a clean and groomed condition. C. Maintain their clothes in a clean and repaired condition. D. Be free from offensive odor. E. Not at any time expose the following body regions: the stomach, back, shoulders, chest, hips, buttocks, abdomen, genitals, or thighs higher than four inches above the knee. F. Not wear as outer garments any clothing manufactured and commonly worn as underwear. G. Not wear T-shirts as outer garments unless as a part of a company unifonn. H. Wear shirttails and shirt hems tucked into pants, and shall use a belt or suspenders when pants are designed for their use. I. Not wear sweatpants or sweatshirts designed for athletic use. J. At all times bear an identification of the company with which they are associated on their shirts, whether as a shirt logo, name tag, photo identification badge, or otherwise, as shall be approved by the City. K. Any driver or starter who desires that an exception be made to any requirement under this section on any grounds may notify the city law department of the same in writing and request a review of the same by such mayoral hearing examiners as the mayor deems appropriate to consider such matters with the assistance of the city law department. Such exception shall be granted if such driver, or starter can demonstrate that the requirement from which an exception is requested is unduly restrictive of any religious, political or personal right of the driver, or starter, as provided under the United States or Utah Constitutions or laws, or Salt Lake City ordinances. 16 5.71.130 Driver conduct. The drivers of ground transportation vehicles shall adhere to the following standards of conduct while operating such vehicles in order to meet the interests of Salt Lake City in such transportation: A. Drivers shall refrain from playing loud music, arguing with passengers or others, using insulting language, or any other conduct which is intended to be offensive. B. When ground transportation vehicles are available for transport, drivers shall provide transportation to paying passengers as requested and as set forth in this chapter and chapter 5.72, and shall provide reasonable assistance with the property of passengers as requested. C. Drivers shall obey all laws and ordinances, and shall maintain all appropriate licenses. D. Drivers shall not carry animals or nonpaying riders while transporting passengers in their vehicles, except that at the request of a passenger drivers may carry seeing eye dogs or other service animals, or animals enclosed in a carrier or other enclosure, and drivers may carry nonpaying passengers when so requested by driver's employer for training or other job -related purposes. E. Drivers shall transport any paying passengers who present themselves for transport in nonelectric wheelchairs and shall offer reasonable assistance to such passengers, except that if a passenger must be lifted into the vehicle, the driver may request the passenger to contact a special transportation vehicle. F. Drivers shall furnish a receipt for payment of a fare. 17 G. Drivers shall not engage in fighting with any person at any time. H. Drivers shall follow any transportation routes predetermined by the driver's employer, or if such routes are not predetermined, drivers shall either take the shortest reasonable route to a destination, or shall follow a specific route requested by a passenger. I. The city will issue a drivers badge with the following minimum information: the name and picture of the driver, the name of the ground transportation business he or she is associated with, and the number assigned to the driver by the city. Drivers who are associated with multiple ground transportation companies shall obtain a badge for each company that they drive for. Such badges shall be displayed in the ground transportation vehicle in a manner that they are easily readable by passengers at all times the driver is providing ground transportation services. Article III. Smoking 5.71.140 Smoking. Tr Passengers and drivers in ground transportation vehicles subject to Utah Code Ann. ,Sec. 76, Title 10, Part 15, as amended, or its successor, may only smoke in such vehicles as set forth in that part. Passengers and drivers in all other ground transportation vehicles may only smoke when the vehicle does not contain a minor child or a nonsmoker. Article IV. Vehicle Standards 5.71.150 Vehicle exterior. All ground transportation vehicles shall meet the following standards in order to meet the 18 interests of Salt Lake City in such transportation: A. All vehicles shall be maintained as required by any state or city ordinance or statute, whether or not a part of this chapter. B. Vehicles exteriors shall be clean except during the first twenty-four hours following a snow, rain or dust storm in Salt Lake or surrounding counties. C. Vehicles, including bumpers and body molding, shall be free of all exterior damage except for dents no larger than six inches in diameter and rust spots no larger than one inch in diameter. Bumpers shall be straight and aligned, as designed by the vehicle manufacturer. D. All windshields shall be free of cracks and chips larger than six inches in diameter or length. All other glass and mirrors shall be free of cracks and chips larger than one inch in diameter or length. E. All vehicle exterior paint shall be maintained in good condition and repair, with no faded, oxidized, or non -matching paint. Signs, graphics, door handles, antennas, and other equipment used for the ease and convenience of drivers and passengers shall be maintained in a good and operable condition. F. All vehicle exterior tires, brakes, exhaust pipes, lights, wipers, turn signals, horns and other safety equipment shall be maintained in a good and operable condition. G. Vehicles wheels shall have wheel covers, or be equipped with custom wheels. H. All fluid leaks shall be repaired immediately. 5.71.160 Vehicle interior. The interior of all ground transportation vehicles shall be maintained as follows in order to meet the interests of Salt Lake City in such transportation: 19 A. All vehicle interiors shall be clean and sanitary, and free of dirt, oil, litter, or other similar material, or offensive odors. B. All seats and other interior surfaces shall be in good repair and free of tears and sharp objects. Dashboard covers may be used, but shall be professionally manufactured. C. All vehicles trunks or luggage storage compartments shall at all times be maintained free of oil, dirt, debris and personal property except for property used by the driver in connection with operating a ground transportation vehicle. D. All equipment present in the interior of the vehicle that is used for the ease and convenience of drivers and passengers, including, but not limited to, doors, windows, carpets, door and window handles, ash trays, heaters, air conditioners, and radios, shall be maintained in a good and operable condition. E. Any ashtrays shall be emptied after use and washed each day. F. All vehicles with a gross weight rating of ten thousand pounds or less, or which are designed to transport fifteen passengers or less, including the driver, shall have operational seatbelts for the driver and for each passengers as required by law for such vehicle. All other safety equipment inside the vehicle, including child safety restraint devices or seats, shall be maintained in a good and operable condition as may be required by Utah and federal law. 5.71.170 Vehicle signage. All ground transportation vehicles with exterior signs or color schemes used for identifying purposes, whether such identifying information is placed on such vehicle voluntarily or in accordance with applicable ordinances or statutes, shall meet the following requirements with regards to such identifying information: 20 A. Signs and other identifying information shall comply with all applicable ordinances or statutes. Signs shall be professionally produced and permanently affixed on both sides of the vehicle, and shall identify the name of the authorized ground transportation business with which the vehicle is associated and any other information as required by law. No sign may be hand-written. In cases of companies that operate vehicles for separate business locations with the same name, the vehicle signage shall include the location of the business being served by each particular vehicle. B. Lettering size shall be no smaller than one and one half inches in height for capital letters and no less than one inch in height for other lettering. The color of the lettering shall contrast with the color of the vehicle or window that it is placed on. 5.71.175 Insurance required. A. Every transportation business, whether or not a certificate of convenience and necessity is required by these ordinances, shall be required to maintain continuous vehicle insurance, when the vehicle is operational, at the minimum levels of coverage required by 5.05.120 or its successor or by the Utah Department of Transportation or by the United States Department of Transportation, whichever levels are higher. Proof of insurance shall be required at the time of inspection, and may be verified upon the city's receipt of a negative comment form, or at the time of an on -street unscheduled ground transportation vehicle inspection. B. Ground transportation businesses shall send a copy of any notice of cancellation or reduction of insurance coverage to the department responsible for the enforcement of ground loading transportation violations immediately upon such cancellation or reduction. 21 Article V. Inspections 5.71.180 Periodic inspections. Every vehicle subject to the requirements of this chapter shall be inspected by the city every six months in order to make certain that such vehicles and their drivers comply with the requirements of this chapter and that each such vehicle is being maintained in a safe and efficient operating condition in accordance with the following inspection requirements: A. Vehicle Exterior. Vehicle exteriors shall meet the requirements set forth in 5.71.150 and 5.71.160 and shall meet the following requirements: 1. Tires. Tire tread depth shall be not less than one -sixteenth of an inch for rear tires, nor less than one eighth of an inch on any front tire when measured on any portion of the tires tread grooves of an original, regrooved or retreaded tire, with no cuts or breaks in sidewalls. Measurements shall not be made where any tie bar, hump, or filet is located. No regrooved, recapped, or retreaded tires shall be used on the front axles of the vehicle, but may be used on the rear axles. 2. Signage. All vehicles shall be properly and adequately numbered and identified in conformance with this chapter and other applicable statutes and ordinances. When present, identifying signage shall be in good repair. 3. Cleanliness. The engine and engine compartment shall be reasonably clean and free of uncontained combustible materials. 4. Mufflers. Mufflers shall conform to the requirements of Section 12.28.100 of the Salt Lake City Code, or its successor. 5. Door Latches. All door latches shall be operable. 22 6. Suspension System. The vehicle suspension system shall be maintained so that there are no sags because of weak or broken springs, and no excessive motion when the vehicle is in operation because of weak or defective shock absorbers. All parts affixed to the undercarriage of the vehicle shall be permanently affixed and in good repair. B. Vehicle Interior. The interior of all vehicles shall be maintained as set forth in 5.71.150 and 5.71.160 and shall be maintained as follows: 1. Lights. All interior lights shall be operable, and must otherwise conform to applicable ordinances and statutes. 2. Brakes. The foot brake pedal must not be capable of being depressed beyond a point one inch from the floor of the car. 3. Steering. Excessive play in the steering mechanism shall not exceed three inches free play in turning the steering wheel form side to side. 4. Display Information. The following materials shall be easily readable, and shall be displayed in the vehicle in an area which is in full view of and is accessible by passengers in the vehicle: the comment forms required to be maintained in each vehicle; the name, photograph and number (if any) of the driver operating the vehicle; the name of the authorized ground transportation business with which the driver or vehicles is associated; and the vehicle number. C. Meter Inspections. Any meter used in a ground transportation vehicle to calculate the fare for transportation shall be inspected as set forth in Article V of Chapter 5.72 of this code, or its successor. 5.71.185 Additional vehicle inspections. 23 In addition to the regularly scheduled inspections as set forth in this ordinance, the city may perform other inspections of any ground transportation vehicle operating within the corporate limits of Salt Lake City, in order to administer and enforce the vehicle standards herein, provided the authorized employees or agents of the department charged with enforcing this ordinance schedule an appointment with the ground transportation business for such inspection at least 24 hours in advance of such inspection. Said inspection shall be conducted during the city's regular business hours at a location to be set by the city. Nothing herein shall prevent the city from issuing civil notices or taking other action authorized under this chapter for vehicle violations which are in the plain view of the employees or agents of the department charged with enforcing this ordinance. 5.71.190 Inspection sticker. When the city finds that a vehicle has met the standards established by this chapter, an officer of the city shall issue a sticker signifying the same. No ground transportation vehicle shall operate without such sticker. Such sticker shall be affixed to the windshield of the vehicle in an area approved by the City. 5.71.200 Failure of inspection. Each time a ground transportation vehicle fails to meet the inspection requirements set forth in this chapter, the vehicle shall have affixed to its windshield a "rejected" sticker, stating that it is not in compliance with minimum operating standards. Any vehicle which fails to meet such requirements shall be reinspected and shall not be used as a ground transportation vehicle until all required repairs have been made and it has passed inspection. Upon meeting such requirements, the city shall issue a sticker signifying the same. 24 5.71.205 Removal of inspection sticker prohibited. It is a violation of this chapter for anyone other than the city to remove or alter in any way any inspection or rejected sticker issued by the city, without prior written approval from the city to do so. 5.71.210 Inspection after certain penalties. A. Regardless of whether or not an appeal is requested, any vehicle which is named in a civil notice alleging a violation of Section 5.71.150, 5.71.160 or 5.71.170, or any successor thereto, shall pass a new inspection as required by the city; but no meter inspection shall be required unless the alleged violation relates to a meter. B. If any vehicle is excluded from the pursuit of commercial activities in the city due to any violation relating to such ground transportation vehicle, such vehicle shall pass the inspection set forth in this chapter before such vehicle may again be used to pursue commercial activities in the city. 5.71.220 Other inspections. The inspections provided for in this chapter shall be in addition to any other inspections required by law. 5.71.230 Civil penalties. Any failure to obtain any inspection required under this chapter at the time it is required shall constitute a violation under this chapter, and a civil notice shall be issued to the authorized ground transportation business with which such vehicle is associated. 5.71.240 Records and operating procedures. The city shall maintain records regarding such inspections as it shall determine, and shall 25 create procedures by which it shall administer and operate such inspection and the issuing of stickers. G:\ ordina98\5 71 & 5.72 amend s re taxis & ground transp -pat 1- clean2 doc 26 SECTION 5. That the following sections of the Salt Lake City Code be, and the same hereby are, repealed: 5.72.045 pertaining to cruising; 5.72.375 pertaining to flag and lever arm; 5.72.410 pertaining to inspections and fees; 5.72.445 pertaining to leaving flag in false position; 5.72.450 pertaining to tampering with meter; 5.72.470 pertaining to display of additional charges; 5.72.500 pertaining to answering calls for service; 5.72.510 pertaining to vehicles being used only for transportation; 5.72.545 pertaining to open stands, when telephones permitted; 5.72.575 pertaining to solicitations — permitted procedures; 5.72.580 pertaining to solicitation of common carrier passengers; and 5.72.590 pertaining to cruising prohibited. SECTION 6. That Chapter 5.72, Salt Lake City Code, pertaining to taxicabs be, and the same hereby is, amended to read as follows: Chapter 5.72. TAXICABS Sections: Article I. Definitions 5.72.005 Definitions and interpretation of language. 5.72.010 Cab day. 5.72.015 Calendar day. 5.72.020 Calendar quarter. 5.72.025 Calendar six months. 5.72.030 Car pool. 5.72.035 Certificate. 5.72.040 Cleared. 5.72.047 Department. 5.72.050 Extras. 5.72.055 Face. 5.72.060 Fare. 5.72.065 hired. 5.72.070 Holder. 5.72.075 In service. 5.72.080 Manifest. 5.72.085 Open stand. 5.72.090 Person. 5.72.095 Small parcel delay delivery system. 5.72.100 Taxicab. 27 5.72.105 Taxicab driver's license. 5.72.110 Taximeter. 5.72.115 Waiting time. Article II. Certificate of Public Convenience and Necessity 5.72.130 Required for operation. 5.72.135 Fees. 5.72.140 Existing holders' certificates n Ski season increases. 5.72.145 Licensing for all certificated vehicles. 5.72.150 Minimum use of taxicabs required. 5.72.155 Compliance responsibility. Article III. Driver Licensing 5.72.220 5.72.225 5.72.230 5.72.235 5.72.240 5.72.245 5.72.250 5.72.255 5.72.260 5.72.265 5.72.270 5.72.275 5.72.280 5.72.285 5.72.290 5.72.295 5.72.300 5.72.305 5.72.310 License required for operators. Permitting unlicensed operator unlawful. Driver's license - Application. Application - Verification. Application - Fee required. State motor vehicle permit and knowledge of city required. Police recommendation form requirements. Photographs required. Fingerprints required. Physician's certificate required. Investigation of applicant. Approval or rejection - Mayor's authority. Hearing upon rejection. License - Issuance - Contents. License - Display. License - Duration - Renewal. Compliance with city, state and federal laws. License - Suspension or revocation. New license prohibited following revocation. Article IV. Vehicle Equipment and Maintenance 5.72.315 Vehicle inspection prior to licensing. 5.72.335 Identifying design. 5.72.340 Conflicting or misleading designs prohibited. Article V. Taximeters 5.72.345 Required for operation - Exception. 5.72.347 Taximeter - Method of programming rates, fares. 5.72.350 Fares - Method of calculation. 5.72.355 Operation to be indicated. 5.72.360 Accumulated fare to be shown. 5.72.365 Visibility of indications. 5.72.370 Protection of indications. 28 5.72.378 Top light requirement. 5.72.380 Completion of Service. 5.72.385 Placement of meter in cab. 5.72.390 Illumination. 5.72.395 Sealing of meters required. 5.72.400 Inspections - Authorized when. 5.72.405 Six-month inspections. 5.72.415. Sealing after inspection. 5.72.420. Inspections - Record keeping. 5.72.425. Inspection upon complaint. 5.72.430. Change in rates - Immediate inspection. 5.72.435. Error in registration - Removal from service. 5.72.438. Altering taxicab to affect taximeter. 5.72.440. Using hired button as signal for different rate prohibited. Article VI. Rates 5.72.455. Maximum rates. 5.72.457. Annual review of maximum rates. 5.72.460. Rates and rate changes - Notification to city. 5.72.465. Display of fare rates. 5.72.472. All changes approved by city. 5.72.475. Receipts for payment of fare. 5.72.480. Hiring vehicle with intent to defraud. 5.72.485. Refusing to pay legal fare. Article VII. Service Regulations 5.72.490. 5.72.495. 5.72.505. 5.72.515. 5.72.520. 5.72.525. 5.72.530. 5.72.535. 5.72.540. 5.72.550. 5.72.555. 5.72.560. 5.72.565. 5.72.570. 5.72.585. 5.72.595. 5.72.600. General service requirements. Twenty-four hour service required. Refusing calls or service prohibited. Direct route required. Car pool services. Small parcel delay delivery system. Advertising material on cabs permitted. Open stands - Establishment. Open stands - Use restrictions. Open stands - Use by other vehicles prohibited. Driver to remain with cab - Exception. Number of passengers - Restrictions. Additional passengers - Passenger consent required. Solicitation - By driver - Limitations. Solicitation of hotel business prohibited. Refusal to carry passengers prohibited when. Engaging in liquor or prostitution traffic prohibited. Article VIII. Manifests and Other Records 5.72.605. Drivers to keep manifests. 29 5.72.610. 5.72.615. 5.72.620. 5.72.625. Manifest forms to be approved. Manifests - Holding period - Availability. Record keeping requirements for holders. Records accessible for examination. Article IX. Enforcement 5.72.630. 5.72.635. 5.72.640. Department and license office authority. Violation - Criminal proceedings - Report to mayor. Violation - Penalty. Article I. Definitions 5.72.005. Definitions and interpretation of language. The words and phrases, when used in this chapter, shall have the meanings defined and set forth in this Article. 5.72.010. Cab day. "Cab day" means eight or more hours during any calendar day. 5.72.015. Calendar day. "Calendar day" means a twenty -four-hour period from midnight to midnight. 5.72.020. Calendar quarter. "Calendar quarter" means January 1st through March 31 st, April 1st through June 30th, July 1st through September 30th, or October 1st through December 31 st of each year. 5.72.025. Calendar six months. "Calendar six months" means January 1st through June 30th and July 1st through December 31st of each year. 5.72.030. Car pool. "Car pool" means the use of a taxicab for the transportation of two or more persons from designated locations to other designated locations in accordance with a prearranged agreement between 30 the taxicab company and the persons being transported. 5.72.035. Certificate. "Certificate" means a certificate of public convenience and necessity issued by the city authorizing the holder thereof to conduct a taxicab business in the city. 5.72.040. Cleared. "Cleared" means that condition of a taximeter when it is inoperative with respect to all fare registration, when no figures indicating fare or extras are exposed to view, and when all parts are in that position for which they are designed to be when the taxicab to which the taximeter is attached is not engaged by a passenger. 5.72.047. Department. "Department" means the city department delegated by the mayor to have responsibility for the enforcement of this chapter. 5.72.050. Extras. "Extras" means the charges to be paid by the customer or passenger in addition to the fare, including any charge for the transportation of baggage or parcels. 5.72.055. Face. "Face" means that side of a taximeter upon which passenger or customer charges are indicated. 5.72.060. Fare. "Fare" means that portion of the charge for hire of a taxicab which is automatically calculated by the taximeter through the operation of the mileage and time mechanism. 5.72.065. Hired. "I fired" activating the button on the face of the taximeter which places taximeter in operation. 5.72.070. Holder. 31 "Holder" means a person to whom a certificate of public convenience and necessity has been issued. 5.72.075. In service. "In service" means that a taxicab is actually in use on the streets of the city, with a driver, and available for the transportation of passengers for hire. 5.72.080. Manifest. "Manifest" means a daily record prepared by a taxicab driver of all trips made by such driver, showing time(s) and place(s) of origin and destination, number of passengers, and the amount of fare of each trip. 5.72.085. Open stand. "Open stand" means a public place alongside the curb of a street, or elsewhere in the city, which has been designated by the mayor as reserved exclusively for the use of taxicabs, and may include places otherwise marked as freight zones or other parking restricted zones if designated for use oftaxicabs during specified times. 5.72.090. Person. "Person" means and includes an individual, a corporation or other legal entity, a partnership, and any incorporated association. 5.72.095. Small parcel delivery system. "Small parcel delivery system" means a system of delivering items which will be picked up by a taxicab driver and delivered to a destination within one and one-half hours. The pickup and delivery of such items shall be accomplished while the taxicab is idle; i.e., not en route to picking up or dropping off any passenger, and not while any passenger is en route in the taxicab. 5.72.100. Taxicab. 32 Except as provided in Article II, Chapter 16.60, or successor provisions, of this code, relating to ground transportation business in connection with the Salt Lake City International Airport, "taxicab" means a motor vehicle used in the transportation of passengers for hire over the public streets of the city, and not operated over a fixed route or upon a fixed schedule, but is subject to contract for hire by persons desiring special trips from one point to another. "Taxicab" does not include an automobile rental licensed under any other section of this code. 5.72.105. Taxicab driver's license. "Taxicab driver's license" means the permission granted by the mayor to a person to drive a taxicab upon the streets of the city. 5.72.110. Taximeter. "Taximeter" means a meter instrument or electronic device attached to a taxicab which measures mileage by the distance driven and the waiting time upon which the fare is based, and which automatically calculates, at a predetermined rate or rates, and registers, the charge for hire of a taxicab. Each taxicab shall have credit card capability for its customers. 5.72.115. Waiting time. "Waiting time" means the time when a taxicab is not in motion, from the time of acceptance of a passenger or passengers to the time of discharge. Article II. Certificate of Public Convenience and Necessity 5.72.130. Required for operation. A. No person shall operate or permit a taxicab owned or controlled by such person to be operated as a vehicle for hire upon the streets of Salt Lake City without first having obtained a certificate of public convenience and necessity from the city in accordance with Chapter 5.05 of this code, or its 33 successor. B. For the purpose of this section, the term "operate for hire upon the streets of Salt Lake City" shall not include the transporting, by a taxicab properly licensed in a jurisdiction outside the corporate limits of the city, of a passenger or passengers for hire where a trip shall originate with the passenger or passengers being picked up outside of the corporate limits of the city and where the destination is either within or beyond the city corporate limits. The term "operate for hire upon the streets of Salt Lake City" means and shall include the soliciting or picking up of a passenger or passengers within the corporate limits of the city, whether the destination is within or outside of the corporate limits of the city. 5.72.135 Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual disproportionate business regulatory fee as set forth in Section 5.04.070, or its successor section, each year for each vehicle authorized under a certificate of public convenience and necessity. Such fees shall be in addition to any other fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under the holder's operation and control. 5.72.140. Existing holders' certificates Sld season All holders of existing taxicab certificates at the effective date of the ordinance codified in this chapter shall have a certificate of public convenience and necessity awarded to them, allowing them to operate the same number of vehicles as they are presently authorized to operate, without the hearing provided in this article, the public convenience and necessity having heretofore been demonstrated. 5.72.145. Licensing for all certificated vehicles. A. A holder is required to have the total number of vehicles authorized under such holder's certificate of convenience and necessity and to obtain the license required by Section 5.05.155 of this title, 34 or its successor, for each and every vehicle. B. In the event the holder does not license the total number of vehicles authorized by the certificate before February 15th of any year, such holder shall forfeit the right to any vehicle not so licensed; that authority shall automatically revert to the city, and the certificate shall be modified to reflect the total number of vehicles actually licensed before February 15th of any year. Such forfeited right to operate any vehicle may be reissued to any person; provided, however, it shall not be reissued except upon application required by Section 5.05.105, or its successor, and by a showing of public convenience and necessity as required by Section 5.05.140, or its successor. C. Nothing contained herein shall prohibit a holder from having vehicles in excess of the number authorized under such holder's certificate for the purpose of replacement or substitution of an authorized vehicle under repair, maintenance or breakdown; provided, however, any such vehicle shall not be used as a taxicab other than as a replacement or substitution as herein provided. Each holder shall be authorized to license additional vehicles, over and above the number authorized in the certificate, as replacement or substitution vehicles according to the number of vehicles so authorized in the certificate. Any holder having authorization for one to five vehicles shall be allowed to license one additional vehicle as a replacement or substitution vehicle. Any holder having authorization for six or more vehicles shall be allowed to license one additional vehicle as a replacement or substitution vehicle for each five vehicles authorized in the certificate. 5.72.150. Minimum use of taxicabs required. A. No certificate issued in accordance with Section 5.72.130 of this chapter, or its successor, shall be construed to be either a franchise or irrevocable. It is the intent of the city council that all taxicabs authorized be actually used for the transportation of passengers for hire. In order to implement that intent, the city council hereby imposes the following requirements: 35 1. Each taxicab authorized under a certificate must be in service a minimum of one hundred four cab days during any calendar six months. 2. Within thirty days after the end of each calendar six months, a holder of a certificate must file a report with the city license supervisor's office. Such report shall be in writing, signed by the holder or by some person authorized to sign the same on behalf of the holder, and must be properly verified. The report shall contain the following information: a. A list of all vehicles licensed under a certificate during the preceding calendar six months, showing the serial or engine number, the state license plate number and the city business license sticker number for each vehicle. Such list shall include any vehicle which has been salvaged or otherwise removed from the fleet, as well as the replacement thereof; b. The number of cab days each such vehicle was in service during the preceding calendar six months; c. The holder may also file with such report a written statement of the circumstances that caused any taxicab to be in service for less than one hundred four cab days. d. A statement that the information contained in the report was obtained from the company records, and that all statements contained in the report are true and accurate. C. In the event any taxicab or a replacement or substitution for the taxicab licensed under the provisions of this chapter is not actually in service for the minimum required one hundred four cab days during any calendar six months, the right to operate that taxicab may, upon at least ten days' notice to the holder, and upon the hearing had therefor before a mayoral hearing examiner as provided by chapter 5.02, be revoked by the city. The holder may appear in person or be represented by counsel at such hearing to show cause, if any he or she has, why the right to operate such taxicab should not be revoked. If, at the conclusion of the hearing, the city shall find that the holder has shown extenuating circumstances, the city 36 may grant continuance of authority. D. Upon revocation by the city of such authority, the certificate shall be modified to reflect the number of taxicabs actually in service for one hundred four cab days during such calendar six months, and the unused portion of the license fee will be refunded. "Unused portion," for the purposes of this section, means any remaining full calendar quarter in the calendar year in which the revocation takes place. The refund shall be one-fourth of the fee paid for each such calendar quarter. Such forfeited right to operate any vehicle may be reissued only upon application required by Section 5.05.105, or its successor, and by a showing of public convenience and necessity as required by Section 5.05.140, or its successor. 5.72.155. Compliance responsibility. The holder shall not be relieved of any responsibility for compliance with the provisions of this chapter, whether the holder leases or rents taxicabs to drivers, or whether the holder pays salary, wages or any other form of compensation. Article III. Driver Licensing 5.72.220. License required for operators. It is unlawful for any person to operate a taxicab for hire upon the streets of the city without having first obtained and having then in force a valid taxicab driver's license issued by the police department of the city, under the provisions of this chapter. 5.72.225. Permitting unlicensed operator unlawful. It is unlawful for any person who owns or controls a taxicab to permit it to be driven, and no taxicab licensed by the city shall be so driven at any time for hire unless the taxicab is operated by a driver who has then in force a valid taxicab driver's license issued under the provisions of this chapter. 5.72.230. Driver's license - Application. 37 An application for a taxicab driver's license shall be filed with the police department of the city on forms provided by the city. 5.72.235. Application - Verification. The application shall be verified by the applicant under oath, and he shall be required to swear to the truthfulness of the matters contained upon the application. 5.72.240. Application - Fee required. At the time the application is filed, the applicant shall pay to the police department a fee, in an amount to be determined by the mayor or his or her designee, but not to exceed fifteen dollars. 5.72.245. State motor vehicle permit and knowledge of city required. Before any application is finally passed upon by the mayor, the applicant shall be required to pass a satisfactory examination as to the applicant's knowledge of the city, and to show that such applicant has a current motor vehicle permit issued by the state. 5.72.250. Police recommendation form requirements. The prospective applicant for taxicab driver's license shall be required to complete two police recommendation forms containing the following information: A. The names and addresses of four residents of the city who have known the prospective applicant for a period of thirty days and who will vouch for the sobriety, honesty and general good character of the applicant; B. Experience of the prospective applicant in the transportation of passengers; C. Education background of the prospective applicant; D. A concise history of the applicant's employment. 5.72.255. Photographs required. The prospective applicant shall be required to have a photograph taken of him at police 38 headquarters; applicants for renewal of taxicab driver's licenses shall furnish an up-to-date photograph or have an additional picture taken at police headquarters, as shall be determined and directed by the chief of police. 5.72.260. Fingerprints required. The prospective applicant shall be required to file with the chief of police two sets of fingerprint impressions, which shall be taken under the supervision of the chief of police. 5.72.265. Physician's certificate required. The prospective applicant shall be required to file a certificate from a reputable physician of the city certifying that, in such physician's opinion, the applicant is able to operate a taxicab in a safe manner. 5.72.270 Investigation of applicant. A. The police department shall conduct an investigation of each prospective applicant for each taxicab driver's license, and shall review all of th.e information filed by the applicant as required by this article. Upon completion of the investigation, the chief of police shall recommend approval or disapproval of the proposed application to the mayor on the police recommendation form. B. It shall be the duty of the chief of police to report in writing to the mayor any misrepresentation or falsification by the prospective applicant on the police recommendation form which may be uncovered by the police investigation, and any such misrepresentation or falsification will constitute just cause for the mayor to refuse to issue a taxicab driver's license, or to suspend or revoke the same if it has been issued. C. The police department's recommendation required by subsection A of this section shall be based upon: 1. Findings of the criteria specified in Section 5.72.250 of this code, or its successor; 2. The police department's recommendation may take into account the length of time between 39 any conviction and the application for the license and may also take into account the applicant's rehabilitation efforts, if any. 5.72.275 Driver's qualifications. A. Except as hereinafter set forth, no permit or renewal of a perrnit shall be issued to any of the following persons: 1. Any person under the age of twenty-one years; 2. Any person who is currently required to register pursuant to the Utah Penal Code, Section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor; 3. Any person who has been convicted of a crime involving moral turpitude, narcotic or dangerous drugs, a felony conviction for an offense against a person or property, unless a period of not less than five years shall. have elapsed since the date of conviction or the date ofrelease from confinement for such offense, whichever is later; 4. Any person who has been convicted of driving a vehicle recklessly within the five years immediately preceding application for a permit; 5. Any person who has been convicted of driving a vehicle while under the influence of alcohol or a controlled substance, or of being in or about a vehicle while under the influence of alcohol or a controlled substance with the intent of driving such vehicle, within the five years immediately preceding application for a permit; 6. Any person not possessing a valid taxicab endorsement license, issued by the state of Utah; 7. Any person who has been convicted of three or more felonies. 8. Any person who does not comply with the requirements of 5.72.245 or its successor. B. Notwithstanding the provisions of subsections (A)(3) or (A)(7) of this section, if the mayor or designated agent receives letters or testimony at a hearing as provided in chapter 5.02 which proves by 40 a preponderance of the evidence that the applicant has reformed his/her moral character so as to pose no threat to members of the public, the license shall he issued. Part of the letters or testimony used to establish the preponderance shall come from the applicant's parole officer, if the applicant is still on parole. Failure to provide a recommendation from the applicant's parole officer, ifthe applicant is on parole, shall be grounds to deny the request. 5.72.28() Hearing upon rejection lithe applicant is rejected, the applicant shall be entitled, upon request, to a hearing before a hearing examiner as provided in chapter 5.02. 5.72.285 License — Issuance - Contents Upon approval of an application for a taxicab driver's license, the city shall issue a license to the applicant which shall bear the name, address, date of birth, signature and photograph of the applicant. 5.72.290 License- Display. Every driver licensed under this chapter shall post his or her taxicab driver's license in such a place as to be in 11111 view of all passengers while such driver is operating a taxicab, and shall exhibit the license upon demand of any police officer, license inspector, any authorized agent of the license office of the city, or any other person authorized by the mayor to enforce the provisions ofthis chapter. 5.72.295 License - Duration - Renewal. The taxicab driver's license shall date from approval of issuance by the city and shall expire the next calendar year on the first day of the same month as the original approval of issuance. The license shall be renewable annually on the first day following expiration upon payment of the fee of fifteen dollars, unless the license for the preceding year has been suspended or revoked. 5.72.300 Compliance with city, state and federal laws. Every driver licensed under this chapter shall comply with all city, state and federal laws. Failure 41 to do so will justify the suspension or revocation of a license by the mayor. 5.72.305 License - Suspension or revocation. The mayor is hereby given the authority to suspend or revoke any taxicab driver's license issued under this article for a driver's failing or refusing to comply with the provisions of this chapter. However, a taxicab driver's license may not be suspended or revoked unless the driver has been given notice and has had an opportunity to present evidence in his or her behalf at a hearing before a mayoral hearing examiner as provided in chapter 5.02. Notice of such hearing shall be deemed to he sufficient if it is mailed to the address designated on thc taxicab driver's license application at least ten days prior to the hearing. 5.72.310 New license prohibited following revocation. No driver whose taxicab driver's license has been revoked shall again be licensed as a driver for licensed public vehicles in the city except upon presentation ofreasons satisfactory to the mayor. Article IV. Vehicle Equipment and Maintenance 5.72.315 Vehicle inspection prior to licensing. Prior to the use and operation of any vehicle under the provisions of this chapter, the vehicle shall be thoroughly examined and inspected as set forth in Article V of Chapter 5.71 of this code, or its successor, and found to comply with the requirements thereof. In addition, the vehicle shall at all times in which it is in operation as a taxicab within the city be maintained in conformity with the safety inspection requirements ollitah and federal law, 5.72.335. Identifying design. Each taxicab shall bear on the outside of each rear or front door, in painted letters not less than two inches in height, the name of the holder and the company number, which number shall also be painted on the rear of the taxicab, and, in addition, may bear an identifying design approved by the mayor. All signs, 42 markings, advertisement and graphics shall comply with section 5.71.170.A of this code, or its successor, 5.72.340 Conflicting or misleading designs prohibited. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the mayor, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further that if, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the mayor, in conflict with or in imitation of any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the certificate covering such taxicab or taxicabs shall be suspended or revoked. Article V. Taximeters 5.72.345 Required for operation - Exception. A. All taxicabs operated under the authority of this chapter, except as specified below, shall be equipped with taximeters which shall conform to the specifications set forth in this chapter and such others as may be adopted from time to time by the mayor. B. It is unlawful for any person to operate or to allow to be operated any taxicab without such taximeter, with the exception that any taxicab performing car pool services under Section 5.72.520, or its successor, need not have such taximeter operative during such trip, and any taxicab used exclusively as a car pool vehicle. 5.72.347 Taximeter - Method of programming rates, fares No meter shall be approved or adopted by the City which has rates, fares, or calibrations which are 43 not properly sealed to prevent tampering, 5.72.350 Fares - Method of calculation. Taximeters shall calculate the fares upon the basis of a combination of mileage traveled and time elapsed. When the taximeter is operative with respect to fare registration, the fare registration mechanism shall be actuated by the mileage mechanism and the rare registering mechanism shall be actuated by the time mechanism whenever the taxicab is not in motion. Means shall be provided for the driver of the taxicab to maintain the clock mechanism either operative or inoperative with respect to the fare registering mechanism. 5.72.355 Operation to be indicated. It shall be shown on the taximeter's face whether the mechanism is set to be operative or inoperative, and, if operative, the character of fare registration for which it is sct. While the taximeter is cleared, the indication "not registering" or an equivalent expression shall appear. If a taximeter is set to be operative, the indication "registering" or equivalent expression shall appear. 5.72.360 Accumulated fare to be shown. The fare indication shall be identified by the word "fare" or by an equivalent expression. Values shall be defined by suitable words or monetary signs, 5.72.365 Visibility of indications. Indications of fare and extras shall never be obscured or covered except when a taximeter is cleared. No decals, stickers or other material may be placed on the face of the taximeter. 5.72.370 Protection of indications. Indications shall be displayed through an entirely protected glass or plastic face securely attached to the metal housing of the taximeter. 5.72.380., Completion of service. 44 Upon the completion of the service by the taxicab, it shall be the duty of the driver to call the attention of the passenger to the amount registered, and to clear the -taximeter to the non -registering position and its dials cleared. Upon completion of each fare, the driver shall give the passenger a printed receipt as required by Section 5.72.475, or its successor, 5.72.385 Placement of meter in cab. When mounted upon a taxicab, a taximeter shall be so placed that its face is in plain view of any passenger seated on the rear scat ofthe cab. 5.72.390 Illumination. The thee of the taximeter shall be artificially illuminated after sundown so that it is clearly visible to rear seat passengers. 5.72.395 Sealing of meters required. A. Every taximeter shall have adequate provisions for the affixing of a lead and wire seal so that no adjustments, alterations or replacements affecting in any way the indications, rates or accuracy of the taximeter can be made without mutilating such seal. The seal shall he affixed by the department_or the city license office, as hereinafter provided. B. It is unlawful for any person to operate any taxicab at any time with the license office's seal of the taximeter broken, 'mutilated or removed, and any taxicab having a broken, mutilated or removed seal must be inspected by the department or the license office, and a new seal affixed by the office. 5.72.400. Inspections - Authorized when. All taximeters shall he subject to inspection from time to time by the department and/or the license office of the city. 5.72.405. Six-month inspections. A. It shall he the duty of the department or the license office to inspect, test and seal with a 45 city seal every taximeter at least once every six months. This inspection shall coincide with the poliee airport and/or the license office inspection required under Section 5.71.180, or its successor. B. It is further required that the semiannual meter checks shall be required for every taxicab in which a meter is installed, irrespective ofwhether or not that particular taxicab is in operation at the time of such inspections. When any department or license office seal has been broken, mutilated or removed, the holder shall contact the departmentor the license office and make arrangements for the replacement of such seal.) It is unlawful for any driver of a taxicab or any other person to operate a taximeter in a taxicab unless said meter has been inspected and certified to be operating accurately by the department or the license department for that specific taxicab. 5.72.415. Sealing after inspection. Such taximeters shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. 5.72.420. Inspections - Recordkeeping. The department and/or the license office shall keep a record or the identification of every taxicab meter number and date of inspection thereof in its office. 5.72.425. Inspection upon complaint. It shall be the duty of the department or the license office to make an immediate inspection of any taximeter when complaint is received that the taximeter is registering incorrectly or not in accordance with the rate posted in the taxicab and set forth in this chapter. 5.72.430. Change in rates - Immediate inspection. In the event a change in rates is made, the taximeter shall be adjusted to the new rates, and the taximeter of every taxicab in which a meter has been installed shall be immediately inspected, tested and sealed by the department or the license office. A fee of five dollars will be charged by the department or 46 the license office for each meter reprogrammed and sealed. 5.72.435. Error in registration - Removal from service. No taximeter which is inaccurate in registration in excess of one and one half percent shall be allowed to operate in any taxicab, and when an inaccuracy is discovered, such taxicab involved shall immediately cease operation and be kept ()lithe highways until the meter is repaired and in proper working condition. 5.72.438. Altering taxicab to affect taximeter. No owner, driver or company shall perform or permit or allow any alterations to a taxicab that will affect the taximeter pulse setting without said taximeter being recertified by the department and/or the license office. Said alterations shall include, but not limited to; transmission replacement or remanufacturing, differential replacement or remanufacturing, speedometer cable replacement, speed sensor replacement, repair or replacement of the taxicabs onboard computer, or change of tire size on drive axle. 5.72.440. Using hired button as signal for different rate prohibited. Except as otherwise provided herein, it is unlawful for any driver of a taxicab to charge a fare other than as calculated by the taximeter. Article VI. Rates 5.72.455 Maximum rates. A. Except as otherwise provided herein, an owner or driver of a taxicab may establish and charge mileage rates lower than, but shall not establish and charge any mileage rate for the use of a taxicab greater than, one dollar and sixty cents for flag drop and ten cents for each one -sixteenth mile or fraction thereof. An owner or driver of a taxicab may establish and charge a rate for waiting time lower than, but shall not establish any rate for waiting time greater than twenty-one dollars per hour. 47 B. The foregoing notwithstanding, an owner or driver of a taxicab who is charged a fee by the city to deliver a passenger or to pick up a passenger at the Salt Lake City International Airport may, in addition to the rates allowed by subsection A of this section, or its successor, charge an additional sum in the exact amount of such fee to be used to pay such fee. Further, an owner or driver of a taxicab may charge a minimum airport rate of $10.00 for service from the Salt Lake City International Airport. 5.72.457. Annual review of maximum rates. A. No later than March 1 of each year each person holding a certificate of publ ic convenience and necessity to operate taxicabs within the city shall file with the city business license supervisor a petition regarding the adequacy o the existing maximum rates as set forth in Section 5.72.455, or its successor section. Said petition shall state whether, in the opinion of the certificate holder, the existing maximum rates are at an appropriate level, or whether such rates should be increased or decreased. if the petition indicates that the said rates should be increased or decreased, the person submitting such petition shall supplement the petition with documentation in support of such increase or decrease, such as evidence of increase or decrease o operating costs, insurance costs, costs of living, and other relevant information. Each person filing said statement shall at the time of filing, pay a filing lee to the city business license supervisor of $100.00 to cover the city's costs of processing the statement and of conducting the subsequent hearing thereon. B. As soon as is practicable after filing said petition the city business license supervisor shall schedule a public hearing before a hearing officer appointed by the mayor to consider the question of whether or not the existing taxicab rates should be increased, decreased or should remain unchanged. Notice of said hearing shall be posted in the office olthe city recorder and shall be published in a newspaper of general circulation in the city. C. The city hearing officer appointed by the mayor shall have power and authority to preside at 48 and conduct such hearing on the petitions so filed, and power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents. D. The decision of the hearing officer, following the conclusion of said hearing, shall act as a recommendation to the city council. In the event said decision recommends an increase or decrease in taxicab rates, the city business license supervisor shall, as soon as practicable, present to the city council the recommendation of the hearing officer for the council's consideration. The city council may accept, modify, or reject the hearing officer's recommendations, 5.72.460. Rates and rate changes - Notification to city. Each holder °fa certificate shall file a schedule of its maximum rate with the license supervisor of the city, and shall notify the license supervisor in writing of any change in the maximum rate at least fifteen days prior to such new rate being placed into effect. 5.72.465. Display of fare rates. Every taxicab operated under this chapter shall have printed on the outside of the cab, in a conspicuous place on the cab and of sufficient size, legibility and in such manner as to be plainly visible to all prospective passengers, all rates and charges in effect for the taxicab company operating such taxicab. Al! such rates and charges shall also be posted on the inside of the taxicab in such a manner as to be plainly visible to all passengers. All displays of rate information on taxicabs shall meet the requirements of section 5.71.170, or its successor section, regarding vehicle signagc, and all other applicable ordinances. 5.72.472. All charges to be approved by city. No taxicab or taxicab company shall charge any fee or payment for the use of a taxicab within the city without the prior approval of the city council. 5.72.475. Receipts for payment of fare. 49 The driver of any taxicab shall, render to every passenger a receipt for the amount charged, either by a mechanically or electronically printed receipt from the taximeter or on which shall be the name attic taxicab company taxicab number, thc date and time the fare was initiated and completed, thc miles charges, extras added to the fare, and the total amount of meter reading or charges. 5.72.480. Hiring vehicle with intent to defraud. It is unlawful to any person to hire any vehicle defined in this chapter with intent to defraud the person from whom it is hired of the value of such service. 5.72.485. Refusing to pay legal fare. It is unlawful for any person to refuse to pay immediately the legal fare of any of the vehicles mentioned in this chapter after having hired thc same. Article VII. Service Regulations 5.72.490. General service requirements. The holder of a certificate shall maintain, at all hours during the day or night, sufficient taxicabs with drivers to reasonably answer all calls received. The telephone number of the central place of business shall be listed under the company name in the white pages, and in the yellow pages under the heading "taxicabs," of the city telephone directory. Any not so listed at the time the ordinance codified in this chapter was adopted, or any company receiving a new certificate or convenience and necessity, shall he so listed in the next issue ofthe telephone book. 5.72.495. Twenty-four hour service required. Holders of a certificate of public convenience and necessity shall maintain a central place of business and keep the same open with a person on duty twenty-four hours a day, seven days per week, for the purpose of receiving calls and dispatching cabs 50 5.72.50.5. Refusing calls or service prohibited. It is unlawful for any holder of a certificate to refuse to accept a call for service to any point within the corporate limits of the city at any time when such holder has available taxicabs, and it is unlawful for any holder to fail or refuse to provide all service required by this title. 5.72.515. Best route required. Any driver employed to carry a passenger to a definite point shall take the most direct or expeditious route possible that will carry the passenger safely and expeditiously to his or her destination, unless otherwise directed by the passenger, except that a driver may deviate to pick up or drop off passengers at their homes when he is operating a taxicab as a car pool vehicle. A driver who, in order to increase the fare, knowingly takes a route which is not the most direct or expeditious as possible under the circumstances shall he subject to a civil penalty under section 5.71.080. 5.72.520. Car pool services. Notwithstanding all other provisions of this chapter, it shall be lawful for any person owning or operating a taxicab where both such taxicab and operator are properly licensed under the provisions of this chapter to provide the additional car pool provided in this section. Car pool service may provide transportation for two or more persons between drop-off and pickup points within the city as designated by the taxicab company, subject to the approval of the mayor. A fixed price may be charged for such one-way car pool service. 5.72.5, 25. Small parcel delay delivery system. Taxicabs which are properly licensed under the provisions antis chapter are authorized to provide a small parcel delay delivery system for the transporting of small parcels at a fixed rate, as provided in Section 5.72,455 of this chapter, or its successor. It is unlawful for the driver of any taxicab to pick up or deliver any small parcel while en route to pick up or drop off any passenger. 51 5.72.530. Advertising material on cabs permitted. It shall be lawful lbr any person owning or operating a taxicab or motor vehicle For hire to permit advertising matter to he affixed to or installed in or on such taxicabs or motor vehicles for hire. All advertising material shall be professionally produced. 5.72.535. Open stands - Establishment. The mayor is authorized and empowered to establish open stands in such place or places upon the streets of the city as the mayor deems necessary for the use of taxicabs operated in the city. The mayor shall not create an open stand without taking into consideration the need for such stands by the companies, the convenience to the general public, and the recommendation of the traffic engineer. The mayor shall not create an open stand where such stand would tend to create a traffic hazard. 5.72.540. Open stands - Use restrictions. Open stands shall he used by the different drivers on a first -come, first -served basis. The driver shall pull onto the open stand from thc rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within ten feet of their cabs. Nothing in this chapter shall he construed to prevent a passenger from boarding the cab °fins or her choice that is parked at open stands. The mayor shall prescribe th.e number of cabs that shall occupy such open stands. 5.72.550. Open stands - Use by other vehicles prohibited. Private or other vehicles for hire shall not occupy the space upon the streets that has been established as an open stand, during any times specified by the mayor for use by taxicabs. 5.72.555. Driver to remain with cab - Exception. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent. to his or her vehicle at all times when such vehicle is upon the public street, except that, when necessary, a driver may be absent from his or her taxicab for not more than twenty consecutive minutes; and provided further, 52 that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. Drivers shall comply with the requirements of chapter 16.60, or its successor, as well as all other applicable laws and ordinances, when operating at the airport. 5.72.560. Number of passengers - Restrictions. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity rated by the vehicle manufacturer of his or her taxicab, as stated in the license for the vehicle issued by the department and/ or the licensing office. Child seating shall be in accordance with Utah and federal law. 5.72.565. Additional passengers - Passenger consent required. After the employment of the taxicab by a passenger or group o ['passengers, no driver shall permit any other person to occupy or ride in the taxicab without the consent of the original passenger or group. 5.72.570. Solicitation - By driver - Limitations. No driver shall solicit passengers for a taxicab except when sitting in the driver's compartment of such taxicab, while standing within ten feet of such taxicab, or at any authorized ground transportation stand. 5.72.585. Solicitation of hotel business prohibited. It is a violation of this chapter for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another. 5.72.595. Refusal to carry passengers prohibited when. No driver shall refuse or neglect to convey any orderly and sober person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. 5.72.600. Engaging in liquor or prostitution traffic prohibited. 53 It is unlawful for any taxicab driver to sell intoxicating liquor or to knowingly transport persons for the purpose of buying liquor unlawfully, or to solicit business for any house or ill repute or prostitute. It is also unlawful for any taxicab driver to permit any person to occupy or use his or her vehicle for the purpose of prostitution, lewdness or assignation, with knowledge or reasonable cause to know that the same is or is to be used for such purposes, Or to direct, take or transport, or offer or agree to direct, take or transport any person to any building or place, or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation. Article vin. Manifests and Other Records 5.72.605. Drivers to keep manifests. Every driver shall maintain a daily manifest upon which is reported all trips made during such driver's hours of work, showing time(s) and place(s) or origin and destination of trip, intermediate stop(s), the number o f passengers and amount of fare, and all such complete manifests shall he returned to the holder by the driver at the conclusion °Ibis or her working day. 5.72.610. Manifest forms to be approved. The forms for each manifest shall be furnished to the driver by the holder, and shall he of a character approved by the mayor. 5.72.6.15. Manifests - Holding period - Availability. Every holder ola certificate of public convenience and necessity shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year, and such manifests shall he available to the department and the licensing office,. 5.72.620. Record keeping requirements for holders. Every holder shall keep accurate records of receipts from operations, operating and other expenses, 54 capital expenditures, and such other operating information as may be required by the mayor. 5.72.625. Records accessible for examination. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the mayor. Article IX. Enforcement 5.72.630. Department and license office authority. The department and the license office of the city are hereby given the authority and are instructed to watch and observe the conduct of holders and drivers operating under this chapter. 5.72.635. Violation - Criminal proceedings - Report to mayor. Upon discovering a violation of the provisions of this chapter, in addition to regular criminal proceedings, the department or the license office shall report the same to the mayor, which will order or take appropriate action respecting the licenses or certificates of the persons involved. 5.72.640. Violation - Penalty. Any violation of any of the provisions of this chapter shall constitute a misdemeanor. SECTION 7. That Section 16.60.090, Salt Lake City Code, be, and the same hereby is, amended to read as follows: 16.60.090. Definitions for Article II. The following words and phrases, whenever used in Article II of this chapter, shall be defined as provided in this section, unless a different meaning is specifically or more particularly described. A. "Authorized ground transportation business" means businesses providing ground transportation for hire at the airport which (1) have a current, valid business license as required by the city, 55 (2) have a current common carrier certificate (except for courtesy cars defined under Section 5.26.130 of this code and taxicabs licensed under the ordinances of the city), and (3) have registered with the Airport. Such registrations shall be made on forms provided by the airport and shall include the name of the business, the type(s) of vehicles to be operated, the type(s) of services to be provided, all fee and tariff schedules, the business address and telephone number, and the name, address and telephone number of a representative of the business who will be responsible for ground transportation activities of the business at the airport. A copy of the current business license issued by the city and the appropriate certificate shall be provided to the airport with such registration. B. "Automobile" or "station wagon" means any motor vehicle which is registered at a gross weight of less than six thousand pounds, or, if not registered commercially, that such vehicle would receive a weight classification as gross weight of less than six thousand pounds, if such vehicle were to be registered commercially. C. "Bus" means any motor vehicle, operated on the streets and highways for hire, which is registered with the state at a gross weight of over thirty-six thousand pounds, on a scheduled or nonscheduled basis, and operated by authority of a common carrier. Such defined word, however, shall not include any buses operated by the Utah Transit Authority. D. "Courtesy car" means any motor vehicle, other than a taxicab, bus or limousine, which is regularly operated for transportation of customers and/or baggage between the airport and any motel, hotel, auto rental office or parking lot, which is situated off airport property. E. "Fixed schedule" means ground transportation service operating on a regular time schedule previously announced as to time of departure and arrival between the airport and definitely established and previously announced points along definitely established and previously announced routes regardless of whether there are passengers or freight to be carried. 56 F. "Ground transportation vehicle" means any motor vehicle which is used in connection with persons conducting business of providing ground transportation at the airport, and includes but is not limited to an automobile or station wagon, bus, courtesy car, limousine, minibus, taxicab and van. G. "Limousine" means any motor -propelled vehicle having a wheel base in excess of one hundred twenty inches, or any Rolls-Royce regardless of wheel base size, operated on the streets and highways for hire, with a driver furnished who is dressed in a chauffeur's unifoim or tuxedo while on duty, operated on a scheduled or nonscheduled basis, and operated by authority of a common carrier certificate. This definition shall not include a taxicab, bus or minibus. H. "Minibus" means any motor vehicle operated on the streets and highways for hire, which is registered with the state at a gross weight of fifteen thousand to thirty-six thousand pounds, on a scheduled or nonscheduled basis, and operated by authority of a common carrier certificate. Provided, however, that such term shall not include any minibus operated by the Utah Transit Authority. I. "On -demand service" means transportation provided by an authorized ground transportation business which is not scheduled service nor prearranged service as defined in this section, but is subject to contract for hire by persons desiring special trips to or from the airport. J. "Prearranged service" means transportation provided by an authorized ground transportation business which is contracted for between the business and the person to be transported prior to the arrival of the person at the Salt Lake City International Airport. K. "Scheduled service" means transportation provided by an authorized ground transportation business on a fixed schedule posted with the city as required by law and a current copy of the schedule filed with the airport. L. "Starter" means a person appointed by and representing a ground transportation business at an airport ground transportation booth providing coordinated travel arrangements and information about 57 available travel services and fares. M. "Taxicab" means a motor vehicle used in the transportation of passengers for hire over the public streets and not operated over a fixed route or upon a fixed schedule, but which is subject for contract hire by persons desiring special trips from one point to another. It does not include an automobile -rental vehicle licensed under any other section of these ordinances. N. "Van" means any motor vehicle which is registered with the state at a gross weight of six thousand to fifteen thousand pounds. SECTION 8 This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 6th IEF D PUTY C TY ' CO' IER Transmitted to Mayor on April 6, 1999. Mayor's CHIEF DEPUTY CITY ' E 0 (SEAL) Bill No. 24 of 1999. Published: April 13, 1999. ATTEST: Approved. Vetoed day of April , 1999. APPROVED AS TO FORM Salt Lake City Attorneys Office ate G:\ ordina98\5 71 & 5 72 amend s re taxis & ground hansp -part 2- clean2 doc 58