048 of 2007 - Ground Transportation Driver Operator’s certificates & criminal history background checks 0 07-1
0 05-2
SALT LAKE CITY ORDINANCE
No. 48 of 2007
(Providing for Ground Transportation Driver Operator's Certificates, including Criminal
History Background Check Requirements)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 5.71,
SALT LAKE CITY CODE, RELATING TO PERMISSION FOR DRIVERS TO
CONDUCT GROUND TRANSPORTATION BUSINESS ACTIVITIES IN THE CITY,
INCLUDING REQUIREMENTS FOR CRIMINAL HISTORY BACKGROUND
CHECKS, AND MAKING NECESSARY AMENDMENTS TO COORDINATE WITH
CERTAIN SECTIONS OF CHAPTER 5.72 SALT LAKE CITY CODE, RELATING TO
DRIVERS OF TAXICABS, AND CHAPTER 5.76, SALT LAKE CITY CODE,
RELATING TO DRIVERS OF VEHICLES TRANSPORTING PERSONS WITH
DISABILITIES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 5.71.010, Salt Lake City Code, pertaining to
"Definitions" be, and the same hereby is, amended to read as follows:
5.71.010 Definitions:
The words and phrases, when used in this chapter, shall have the meanings defined
and set forth in this section:
A. "Applicant" means an individual submitting an application to the city to obtain a
ground transportation vehicle operator's certificate pursuant to Article VI of this Chapter.
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B. "Authorized ground transportation business" means any business operating any
ground transportation vehicle, which has a current, valid business license as required by
the city and, when applicable, a current certificate of convenience and necessity as
required by the city. This shall not include an "authorized airport ground transportation
business" as defined by title 16 of this code and which shall be governed by that title.
C. "Automobile" means any motor vehicle which is registered at a gross weight of
less than six thousand (6,000)pounds, or, if not registered commercially, that such
vehicle would receive a weight classification as gross weight of less than six thousand
(6,000) pounds, if such vehicle were to be registered commercially.
D. "Bus" means any licensed motor vehicle operated on the streets and highways for
hire on a scheduled or nonscheduled basis that is registered with the state at a gross
weight of over thirty six thousand (36,000) pounds. Such defined word, however, shall
not include any buses operated by the Utah transit authority.
E. "Business licensing office" means the division of building services and licensing of
Salt Lake City Corporation or its successor.
F. "Civil notice" means the written notice of ground transportation violation as
provided under this chapter.
G. "Comment form" or "form" has the meaning set forth in article I of this chapter, or
its successor.
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H. "Courtesy vehicle" means any motor vehicle which is regularly operated on Salt
Lake City streets for transportation of customers and/or baggage without making a
specific separate charge for such transportation. All contracts providing for operating a
courtesy vehicle at the airport on behalf of a hotel or motel shall be filed under the
direction of the director of airports and shall be subject to all applicable airport rules and
regulations.
I. "Department" means the Ground Transportation Administration Section of the Salt
Lake City Division of Building Services and Licensing, or such other city department or
division as may be delegated by the mayor to have responsibility for the enforcement of
this chapter.
J. "Fixed schedule" means ground transportation service operating on a regular time
schedule previously announced as to time of departure and arrival between definitely
established and previously announced points along definitely established and previously
announced routes regardless of whether there are passengers or freight to be carried.
K. "Ground transportation business" means any business operating any ground
transportation vehicle.
L. "Ground transportation vehicle" means any motor vehicle which is used for the
transportation of persons using Salt Lake City streets for commercial purposes or as a
courtesy in connection with providing ground transportation to or from any terminal of
public transportation, including the Salt Lake City International Airport, which includes,
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but is not limited to, any automobile, bus, courtesy vehicle, hotel vehicle, limousine,
minibus, special transportation vehicle, taxicab and van.
M. "Hotel vehicle" means any motor vehicle which is regularly operated for
transportation of customers and/or baggage to and from any railroad station, bus station,
airport, or similar terminal of public transportation and any motel or hotel and under
contract with such motel or hotel and for which transportation the customer is charged a
separate fee or fare. All contracts providing for operating a hotel vehicle at the airport
shall be filed under the direction of the director of airports and shall be subject to all
applicable airport rules and regulations.
N. "License", when referring to a driver's license, means a ground transportation
vehicle operator's certificate.
O. "Limousine" means any motor propelled vehicle which is a Rolls Royce or other
automobile described by its manufacturer as a limousine or luxury vehicle having a wheel
base in excess of one hundred ten inches (110"), operated on the streets and highways for
hire, with a driver furnished who is dressed in a "chauffeur's uniform" (defined as a jacket
and tie for a man or a pants suit or dress for a woman) or tuxedo while on duty, and
licensed as required by this code.
P. "Manifest", for purposes of this chapter, means a daily record of all prearranged
service trips provided by a driver of a ground transportation vehicle during such driver's
hours of work which record shall be made by such driver, showing time(s) and place(s) of
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origin and destination, intermediate stop(s), the names of all passengers, and the amount
of fare of each trip.
Q. "Minibus" means any motor vehicle which is registered with the state at a gross
weight of ten thousand one (10,001) to thirty six thousand (36,000) pounds, operated on a
scheduled or nonscheduled basis, or is designed to transport sixteen (16) or more persons,
including the driver, and is licensed as required by this code. Such term, however, shall
not include any minibus operated by any local, state or federal agency.
R. "Named party" means the driver, vehicle owner or authorized ground
transportation business named in a civil notice issued by the city.
S. "On demand airport service" or "on demand service" means transportation
provided by an authorized ground transportation business which is not "scheduled
service" or "prearranged service" as defined in this section.
T. "Operator's certificate" means the operator's certificate that the city may issue
pursuant to Article VI of this chapter to signify that an individual has meet the
requirements stated therein to lawfully operate a ground transportation vehicle upon the
streets of the city.
U. "Prearranged service" means transportation provided by an authorized ground
transportation business from points within the city, other than from the airport, in which
the name of the prospective passenger and other required information is listed on the
vehicle driver's manifest at least thirty (30) minutes prior to the transporting of the
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passenger by such vehicle. Prearranged service from the airport is governed by
subsection 16.60.090L of this code or its successor.
V. "Scheduled service" means transportation provided by an authorized ground
transportation business on a fixed schedule posted with the city business license office in
advance of such transportation.
W. "Special transportation vehicle" means any vehicle for hire on Salt Lake City
streets, which is used for the transportation of persons with disabilities as provided under
chapter 5.76 of this title, or its successor.
X. "Starter" means a person appointed by and representing a ground transportation
business at a terminal of public transportation and providing coordinated travel
arrangements and information about available services and fares.
Y. "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, as provided under chapter 5.72 of this title, or its successor. It does not include
an automobile rental vehicle licensed under any other section of this code.
Z. "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 service providing
transportation to or from any terminal of public transportation, including the Salt Lake
City International Airport, for a period not to exceed fourteen (14) days. It does not
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include any vehicle operated as a taxicab as provided under chapter 5.72 of this title, or
its successor.
AA. "Van" means any licensed motor vehicle which is registered with the state at a
gross weight of four thousand (4,000) to ten thousand (10,000) pounds, or is designed to
transport fifteen (15) passengers or fewer, including the driver, and which is licensed as
required by city code.
SECTION 2. That Title V, Chapter 71, Article VI, Salt Lake City Code,
pertaining to ground transportation driver licensing be, and the same hereby is repealed,
and that new Title V, Chapter 71, Article VI be enacted to read as follows:
Article VI. Driver Operator's Certificate
5.71.250 Operator's Certificate Required:
It is unlawful for any person to operate a ground transportation vehicle upon the
streets of the city without having first obtained and having then in force a valid ground
transportation vehicle operator's certificate issued annually by the department under the
provisions of this chapter. The foregoing notwithstanding, a ground transportation vehicle
operator who has operated upon the streets of the city prior to the effective date hereof,
and while in the employ of a ground transportation business duly licensed by the city,
shall have until one hundred eighty (180) calendar days from the effective date hereof to
file an application for a valid ground transportation vehicle operator's certificate issued
by the city. The department may set various times for compliance within such one
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hundred eighty (180) calendar days to provide for the orderly implementation of this
section.
5.71.260 Permitting Uncertified Operator Unlawful:
Except as provided in Section 5.71.250 of this article, or its successor, it is unlawful
for any person who owns or controls a ground transportation vehicle to permit it to be
driven, and no ground transportation vehicle authorized by the city shall be so driven at
any time, unless the ground transportation vehicle is operated by a driver who has then in
force a valid ground transportation vehicle operator's certificate issued under the
provisions of this Article VI.
5.71.270 Operator's Certificate Application:
Any person applying for a ground transportation vehicle operator's certificate shall
file an application with the department on forms provided by the city.
5.71.280 Application Verification:
An application for a ground transportation vehicle operator's certificate shall be
verified by the applicant under oath, and he/she shall be required to swear to the
truthfulness of the matters contained upon the application.
5.71.290 Application Fee Required:
At the time an application is filed, the applicant shall pay to the city a fee of one
hundred dollars ($100.00). The city may adjust such fee on an annual basis in order to
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recover the costs of administering the city's ground transportation programs, but no
increase shall exceed five percent in a single year.
5.71.300 Training Required to Obtain Operator's Certificate:
Before the City issues any operator's certificate, the applicant shall be required to
provide a written statement demonstrating that the applicant has completed a training
program that is satisfactory to the city as to: a) the applicant's knowledge of the city and
map reading capabilities; b) the applicant's ability to understand, read, write and speak
basic English; c) the applicant's understanding of principles of common courtesy; and d)
the applicant's understanding of how to address the needs of disabled passengers. The
city may review any such program from time to time to determine whether it is
satisfactory to address the needs of the traveling public. This Section 5.71.300 shall be
effective for any application submitted as of January 2, 2008 or thereafter.
5.71.310 Driver Qualifications Required to Obtain Operator's Certificate:
An applicant for a ground transportation vehicle operator's certificate shall be
required to demonstrate the information set forth in this Section 5.71.310, and no
operator's certificate shall be issued or renewed if all such information cannot be
demonstrated to the city's satisfaction.
A. The applicant must be twenty one (21) years old or older.
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B. The applicant must not be an individual required to register pursuant to the Utah
penal code, Section 77-27-21.5, Utah Code Annotated, sex offender registration, or its
successor.
C. The applicant must have a current motor vehicle license issued by the state with
all required endorsements.
D. The applicant must submit written evidence that a ground transportation business
operating in compliance with the requirements of this code will employ or retain the
applicant upon the issuance of an operator's certificate.
E. The applicant must submit a certificate from a reputable, board certified physician
practicing in the state of Utah certifying that, in such physician's opinion, the applicant is
able to operate a ground transportation vehicle in a safe manner.
F. The applicant must submit written evidence of complying with Section 5.71.300,
or its successor, regarding driver training requirements.
G. The applicant must submit two forms of identification, at least one of which must
have been issued by a government authority and include a photo.
H. The applicant must successfully comply with the criminal history background
check requirements set forth in this Article VI.
I. The applicant must submit the following information demonstrating that the
applicant is of suitable character and integrity to interact with the traveling public:
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1. The names and addresses of four(4) persons in the state of Utah who have
known the prospective applicant for a period of thirty (30) days and who will vouch for
the sobriety, honesty and general good character of the applicant;
2. A statement explaining the applicant's experience and ability to safely
transport passengers;
3. A concise history of the applicant's employment;
4. A letter of introduction from the ground transportation business that will
employ or retain the applicant.
J. An applicant seeking an operator's certificate in connection with a special
transportation vehicle shall file with the application a certificate from the valley health
department certifying that such applicant has received a proper course of instruction in
the transporting of"persons with disabilities", as such term is defined in Section
5.76.040.
5.71.320 Criminal History Background Check Requirement:
The Salt Lake City Council finds that any driver operating a ground transportation
vehicle as defined in Section 5.71.010 has the ability to provide ground transportation
service to the Salt Lake City International Airport, whether by working for a ground
transportation business that picks up passengers at such airport, or due to occasional
requests by passengers to be dropped off at such airport. Therefore, pursuant to Utah
Code § 72-10-602 or its successor, an applicant for a ground transportation vehicle
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operator's certificate shall be required to obtain a criminal history background check
demonstrating that the applicant meets the requirements set forth in this article before any
certificate will be issued.
A. The applicant must obtain a fingerprint-based Federal Bureau of Investigation
(Triple III) criminal history background check in the manner directed by the city through
the appropriate governmental agency empowered to provide the results of such
background check directly to the city.
B. The city may investigate any information relevant to such background check,
determine the accuracy of any information, require an applicant to provide additional
information, and take any other action necessary to determine the results of such
background check and make a determination under this article. Submission of an
application under this Article VI constitutes the applicant's consent to such background
check and any associated investigative efforts by the city.
C. No applicant shall be issued an operator's certificate if such background check for
the applicant demonstrates that the applicant has a disqualifying criminal offense as
described in Section 5.71.330.
5.71.330 Disqualifying Criminal Offenses:
An applicant has a disqualifying criminal offense if the applicant has been convicted,
or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in
this Section 5.71.330, or of a conspiracy or attempt to commit any such crime, in any
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jurisdiction during the five (5) years before the date of the applicant's application for an
operator's certificate. The disqualifying criminal offenses are as follows:
A. Murder.
B. Assault or aggravated assault.
C. Kidnapping or hostage taking.
D. Rape, aggravated sexual abuse or other sex crimes, including but not limited to
unlawful sexual activity with or sexual abuse of a minor, enticing a minor over the
internet, unlawful sexual intercourse or conduct, object rape or sodomy, forcible sexual
abuse, aggravated sexual assault, sexual exploitation or a minor, incest, lewdness or
obscene acts, sex acts for hire, or soliciting.
E. Stalking.
F. Urinating in public or other disorderly conduct at a time when the applicant was
engaged in operating a ground transportation business.
G. Unlawful possession, use, sale, distribution, or manufacture of an explosive or
weapon.
H. Extortion.
I. Robbery, burglary, theft or bribery.
J. Distribution of, or intent to distribute, a controlled substance.
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K. Felony arson.
L. Felony involving a threat.
M. Felony involving willful destruction of property.
N. Felony involving dishonesty, fraud, or misrepresentation.
O. Possession or distribution of stolen property.
P. Felony involving importation or manufacture of a controlled substance.
Q. Illegal possession of a controlled substance punishable by a maximum term of
imprisonment of more than one year.
R. Reckless driving, driving while under the influence of alcohol or a controlled
substance, or being in or about a vehicle while under the influence of alcohol or a
controlled substance with the intent of driving.
S. Felony involving a driving offense.
T. The following aviation related offenses:
1. Aircraft registration violations under 49 U.S.C. § 46306.
2. Interference with air navigation under 49 U.S.C. § 46308.
3. Improper transportation of hazardous material under 49 U.S.C. § 46312.
4. Aircraft piracy under 49 U.S.C. § 46502.
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5. Interference with flight crew members under 49 U.S.C. § 46504.
6. Crimes aboard aircraft under 49 U.S.C. § 46506.
7. Carrying a weapon or explosive aboard an aircraft under 49 U.S.C. § 46505.
8. Conveying false information and threats under 49 U.S.C. § 46507.
9. Aircraft piracy outside the United States under 49 U.S.C. § 46502(b).
10. Lighting violations involving transporting controlled substances under 49
U.S.C. § 46315.
11. Unlawful entry into an aircraft or airport area contrary to security regulations
under 49 U.S.C. § 46314.
12. Destruction of an aircraft or aircraft facility under 18 U.S.C. § 32.
13. Violence at airports under 18 U.S.C. § 37.
14. Espionage, sedition or treason.
5.71.340 Background Check Procedures:
The department shall maintain the following procedures in connection with criminal
history background checks under this Article VI:
A. The department shall advise an applicant that he or she may receive a copy of his
or her criminal record received from the FBI upon submitting a written request to the
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department, and that the applicant may direct questions regarding such record to the
department administrator.
B. If an applicant's criminal record discloses an arrest for any disqualifying criminal
offense without indicating a disposition, the department must determine, after
investigation, that the arrest did not result in a disqualifying offense as provided under
Section 5.71.330 before issuing an operator's certificate.
C. Before making a final decision to deny an operator's certificate, the department
must advise the applicant that the FBI criminal record discloses information that would
disqualify him or her from receiving such operator's certificate and provide the applicant
with a copy of the FBI record if he or she requests it in writing.
D. An applicant whose criminal record discloses disqualifying information may seek
to complete or correct information contained in his or her criminal record by contacting
the local jurisdiction responsible for the information and the FBI. Within thirty (30) days
after being advised that the criminal record received from the FBI discloses a
disqualifying criminal offense, the applicant must notify the department in writing of his
or her intent to correct any information that he or she believes to be inaccurate. The
department must then receive a copy of the revised FBI record or a certified true copy of
the information from the appropriate court prior to granting the operator's certificate. If
the department receives no such notification within thirty (30) days that the applicant
intends to seek a correction, the department may make a final determination based on the
information available to the department.
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E. Criminal record information provided by the FBI pursuant to this Article VI may
be used only to carry out the background check requirements in this Article VI. The
department shall maintain criminal history background check records and other
information of a personal nature in a confidential manner. The FBI criminal record shall
be maintained until one hundred eighty (180) days after the termination of an operator's
certificate, including any subsequent renewals, and the FBI criminal record shall then be
destroyed.
5.71.350 Continuing Obligation to Disclose Noncompliance with Background
Check:
Any person who complies with the background check requirements stated in this
Article VI has a continuing obligation to disclose to the department within twenty four
(24) hours if he or she is convicted of any disqualifying criminal offense, or otherwise
fails to comply with Section 5.71.330, at any time while he or she has a ground
transportation vehicle operator's certificate.
5.71.360 Issuance of Operator's Certificate:
The department shall issue an operator's certificate to any applicant who complies
with the requirements of this Article VI. Such certificate shall be in the form of an
identification card showing the applicant's name, business address, date of birth,
signature, current photograph, and the ground transportation business employing or
retaining the applicant, and showing any permission given under Section 5.71.380
pertaining to conducting business at the airport. If the department determines to deny the
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application of any applicant, the department shall issue a letter within ten (10) calendar
days of making such a determination to the applicant stating the reason(s) why the
applicant was not found to be in compliance with the requirements of this chapter,
including any disqualifying offenses in the applicant's criminal record.
5.71.370 Appeal of Denial of Operator's Certificate:
If the city determines not to issue an operator's certificate, the applicant denied such
operator's certificate may appeal the city's determination in the following manner:
A. The denied applicant shall submit a request for appeal to the city's ground
transportation administrator within fourteen (14) calendar days from the time when the
city issues a letter denying the application for the operator's certificate. Such request
shall state the reasons why the applicant believes the applicant has complied with this
Article VI and the denial is in error.
B. The ground transportation administrator shall convene a review board composed
of the following members to review the appeal:
1. Two city employees who are knowledgeable in security background check
requirements from either the department of airports or the police department.
2. One management-level employee from the ground transportation business
proposed to employ or retain the denied applicant.
C. The review board shall provide the ground transportation administrator and the
denied applicant the opportunity to submit written information regarding the denial for
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the board's consideration. The review board shall also convene a meeting to provide the
ground transportation administrator and the denied applicant an opportunity to be heard
within thirty (30) calendar days after the date when the ground transportation
administrator received the request for appeal.
D. After considering all written and oral information submitted, the review board
shall issue in writing findings of fact and a decision determining whether the denied
applicant has demonstrated compliance with the requirements of this Article VI within
forty five (45) calendar days after the date when the ground transportation administrator
received the denied applicant's request for appeal.
E. The members of the review board shall be persons who do not have a personal
conflict of interest with the denied applicant, and the board shall keep a record of its
actions and a recording of any hearing.
F. The time periods required under this section may be modified with the consent of
the ground transportation administrator and the denied applicant, or may be modified by
the city when compliance with such time periods would be unduly burdensome to the city
and the modification would not impose an unreasonable hardship on the denied applicant.
5.71.380 Permission to Conduct Business at the Salt Lake City International
Airport:
An applicant for a ground transportation vehicle operator's certificate under this
Article VI must request permission to pick up or drop off passengers at the Salt Lake City
International Airport on the application form provided by the department. If the applicant
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complies with the requirements of this Article VI, and is in compliance with the
requirements of Title 16 of this code and airport rules and regulations, the department
shall designate on the operator's certificate that such driver has permission to conduct
business at such airport. Permission to conduct business at such airport is subject to the
provisions of this code, including Title 16 hereof, and to airport rules and regulations, and
such permission may be withdrawn for a violation of any such requirement.
5.71.390 Penalty for Improperly Accessing Airport.
A. It is unlawful for any person who has been issued a ground transportation vehicle
operator's certificate to access property at the Salt Lake City International Airport for the
purpose of conducting any ground transportation-related business activity when:
1. Such person has not been given permission to conduct business at the airport
pursuant to Section 5.71.380; or
2. The Salt Lake City Department of Airports has withdrawn permission to
conduct business at the airport from such person.
B. Any person who violates the provisions of Subsection A of this section shall be
guilty of a Class B misdemeanor.
5.71.400 Display of Operator's Certificate:
Every person issued an operator's certificate under this chapter shall post his or her
ground transportation vehicle operator's certificate in such a place as to be in full view of
all passengers while such person is operating a ground transportation vehicle, and every
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such person shall exhibit such certification upon demand by any police officer, or any
authorized agent of the department, or any authorized agent of the Salt Lake City
Department of Airports, or any other person authorized by the mayor to enforce the
provisions of this chapter.
5.71.410 Operator's Certificate Duration and Renewal:
The ground transportation vehicle operator's certificate shall be effective beginning
on the day indicated thereon by the city, and shall expire on the same day of the next
calendar year. Any person holding such a certificate may renew such certificate annually
by submitting a new application as provided in this Article VI up to thirty (30) days prior
to the expiration of the operator's certificate, and paying a renewal fee of one hundred
dollars ($100.00). The city may adjust such fee on an annual basis in order to recover the
costs of administering the city's ground transportation programs, but no increase shall
exceed five percent in a single year. The foregoing notwithstanding, the department may
set various expiration dates for operator's certificates issued during the first year of this
program in order to provide for an orderly renewal process, but no expiration date shall
exceed a period of two years from the date of issuance.
5.71.420 Suspension or Revocation of Operator's Certificate:
The department may suspend or revoke any ground transportation vehicle operator's
certificate issued under this Article VI as follows:
A. A ground transportation vehicle operator's certificate shall be revoked if the
department determines that the person to whom it was issued ceases to comply with the
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application requirements set forth in this Article VI. Any person whose operator's
certificate is so revoked may appeal a determination made under this Subsection A as
provided in Section 5.71.370. If such appeal is not successful. such person may reapply
to obtain an operator's certificate when such person is in full compliance with the
requirements of this Article VI. Any person who corrects the noncompliance under this
Article VI within thirty (30) days after a revocation issued under this Subsection A shall
be allowed to reinstate his or her operator's certificate without fee.
B. If any person having a ground transportation vehicle operator's certificate fails to
comply with any provision of this code other than the application requirements included
within this Article VI, or if the City otherwise determines that such person is a threat to
the public or is disruptive to providing effective services to the public, the department
may temporarily suspend such operator's certificate as provided herein, and may revoke
such operator's certificate for cause shown. An operator's certificate may be temporarily
suspended if the city determines based on reasonable evidence that a temporary
suspension is necessary to protect important public interests, and if the temporary
suspension is effective only until a hearing officer can make a determination under this
Subsection B. An operator's certificate may be revoked under this Subsection B only
when the person possessing such certificate has first been given notice and has had an
opportunity to present evidence on his or her behalf at a hearing before a mayoral hearing
examiner as provided in Section 5.02.280 of this title or any successor thereof Notice of
such hearing shall be deemed to be sufficient if it is mailed to the address designated on
the ground transportation vehicle operator's certificate application at least ten (10) days
prior to the hearing. Unless reinstated by a hearing officer, any person whose ground
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transportation vehicle operator's certificate has been revoked under this Subsection B
shall not be eligible to reapply for such certificate for a period of one year.
5.71.430 Compliance with City, State and Federal Laws:
Every person issued an operator's certificate under this chapter shall comply with all
city, state and federal laws. Failure to do so may justify the suspension or revocation of
an operator's certificate.
5.71.440 False Information:
Any applicant who shall knowingly provide false information on an application
submitted pursuant to this chapter shall be denied an operator's certificate, and shall not
be permitted to resubmit an application for a period of five (5) years.
5.71.450 Authority to Make Rules:
The department shall have authority to create rules and regulations to administer the
requirements of this chapter that are consistent with the requirements of this Article VI
and with any security or operating requirements applicable to the Salt Lake City
International Airport.
SECTION 3. That Title V, Chapter 71, Article VII, Salt Lake City Code,
pertaining to manifests for prearranged service be, and the same hereby is, amended to
read as follows:
5.71.460 Drivers to Keep Manifests:
Except for drivers of taxicabs, every ground transportation vehicle driver providing
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prearranged service shall maintain a daily manifest upon which is reported all
prearranged service 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 names of all passengers
and amount of fare of each trip, and all such complete manifests shall be returned by the
driver at the conclusion of his or her working day to the licensee of the ground
transportation business for whom the driver is operating the vehicle. Taxicab drivers shall
be governed by the manifest requirements of chapter 5.72, article VIII, of this division, or
its successor.
5.71.470 Manifest Forms To Be Approved:
The forms for each manifest shall be furnished to the driver by the licensee of the
ground transportation business for whom the driver is operating the vehicle, and shall be
of a character approved by the mayor.
5.71.480 Manifests Holding Period Availability:
Every licensee of a ground transportation business providing prearranged service
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 be available at a place
readily accessible for examination by the department and the licensing office.
SECTION 4. That Title V, Chapter 71, Article VIII, Salt Lake City Code,
pertaining to payment for furnishing of passengers be, and is hereby enacted to read as
follows:
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Article VIII. Payment for Furnishing of Passengers
5.71.490 Payment For Furnishing Of Passengers:
It shall be unlawful for any person operating a ground transportation vehicle,
business, driver, independent contractor or employee to pay any remuneration to another
person, specifically including bellman, doorman and vehicle dispatcher, for the
furnishing of passengers and/or baggage to be transported by a ground transportation
vehicle. It shall be unlawful for any person, specifically including bellmen, doormen and
vehicle dispatcher, to receive any remuneration from any person operating a ground
transportation vehicle, business, driver, independent contractor or employee for the
furnishing of passengers and/or baggage to be transported by a ground transportation
vehicle. Nothing herein shall prohibit hotels and motels from contracting or invoicing for,
and being paid or making payment for, the transportation of customers and/or baggage,
which payment may include a portion thereof being distributed by the hotel or motel to a
bellman or doorman as a gratuity.
SECTION 5. That Section 5.72.105, Salt Lake City Code, pertaining to the
definition of"Taxicab Driver's License" be, and the same hereby is. amended to read as
follows:
5.72.105 Taxicab Driver's License:
"Taxicab driver's license" means the operator's certificate required pursuant to
Section 5.71.250.
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SECTION 6. That Title V, Chapter 72, Article III. Salt Lake City Code,
pertaining to driver licensing be, and the same hereby is repealed, and that new Title V,
Chapter 72, Article III be enacted to read as follows:
Article III. Driver Operator's Certificate
5.72.220 Operator's Certificate Required:
It shall be unlawful for any person to operate a taxicab for hire upon the streets of the
City unless the taxicab driver first obtains and has in effect a valid operator's certificate
issued pursuant to Title V, Chapter 71, Article VI, and it shall be unlawful for any person
or business to permit a taxicab to be so operated unless its driver has such an operator's
certificate.
SECTION 7. That Section 5.76.030, Salt Lake City Code, pertaining to the
definition of"Driver's License" be, and the same hereby is, amended to read as follows:
5.76.30 Driver's License:
"Driver's license" shall mean the operator's certificated required pursuant to Section
5.71.250, which constitutes permission granted by the city council to a person to drive a
"special transportation vehicle", as defined in this article, upon the streets of the city.
SECTION 8. That Title V, Chapter 76, Article III, Salt Lake City Code,
pertaining to driver licensing be, and the same hereby is repealed, and that new Title V,
Chapter 76, Article III be enacted to read as follows:
26
Article III. Driver Operator's Certificate
5.76.230 Operator's Certificate Required:
It shall be unlawful for any person to operate a special transportation vehicle for hire
within the city without having first obtained and having then in force a valid operator's
certificate issued pursuant to Title V, Chapter 71, Article VI, and it shall be unlawful for
any person or business to permit a special transportation vehicle to be so operated unless
its driver has such an operator's certificate.
SECTION 9. EFFECTIVE DATE. That this Ordinance shall take effect on the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 17 day of
July , 2007.
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( ,-
CHAIRPERSON
ATTEST:
r ,
CHI F TY T CORDER '—
Transmitted to the Mayor on July 25, 2007 •
Mayor's Action: Approved. Vetoed.
27
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rf ' ti, , ; M YOR
ATTEST: a, �F�� , ,
. ,,,,5 ,...>„.._.:2... ,7.,
CHI F DEPUTY TY EC RDER — ---_
,y
(SEAL)
Bill No. 48 of 2007
Published: July 31, 2007 .
28