CHAPTER VII TRANSPORTATION

Transcription

1 CHAPTER VII TRANSPORTATION (Chapter Title Amended by Ord. No. 152,426, Eff. 6/29/79.) Article 1 Public Transportation 2 Railroads and Railways ARTICLE 1 PUBLIC TRANSPORTATION (Art. 1, Title, Amended by Ord. No. 161,249, Eff. 6/20/86.) Section Scope and Definitions Authority of Board to Adopt Rules Authority of Designated Employees of the Department of Transportation to Make Arrests and Issue Citations Authority of Designated Employees of the Department of Transportation to Have Access to Local Summary Criminal History Information Operation of Vehicles Permits or Franchises Required Suspension of Taxicab Franchise Monetary Penalties for Taxicab Operators Use of Public Rights-of-way Driving of Vehicles Permits Required Ambulance Attendants Permits Required Non-ambulatory Passenger Vehicle Attendants Permits Required Application and Annual or Monthly Fee for Vehicle Permits Application for Driver and Ambulance Attendant Permits Application Processing and Other Fees Fees for Services Provided Outside of Normal Working Hours Review of Fees for Service The Board s Power to Revoke or Suspend Driver, Attendant, or Vehicle Permits Grounds for Denial, Revocation, Suspension or Cancellation of Permit Procedures for Denial, Revocation, Suspension or Cancellation of Permits by the General Manager or His Authorized Representative Rehearing Monetary Penalties for Driver, Vehicle and Attendant Permittees Regulations During Suspension Period Duration and Renewal of Permits Requirements of Public Convenience and Necessity Specific Findings Required Insurance or Bond Required Contracts Between Owners and Employees Taxicab Identification Vehicle Identification Licenses Permitted Vehicle Zones Vehicle Signs Taxicab Signs Other Signs Permit Required Taximeters Circuitous Routes Excess Charges Authority of Board to Establish Rates Transportation Regulation and Enforcement Trust Fund Inspection of Limousine Waybills.

2 SEC SCOPE AND DEFINITIONS. (Amended by Ord. No. 170,068, Eff. 11/18/94.) Scope. The provisions of this chapter apply when the provisions are not in conflict with any paramount regulations by the state or nation. For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: Automobile-For-Hire shall mean every automobile, other than taxicabs, used for prearranged transportation of passengers over the streets of this City and not over a defined route within the boundary limits of said City at rates per mile, per trip, per hour, per day, per week or per month. Such vehicle shall not be equipped with a taximeter or facsimile thereof, shall not display advertisements or possess a top light, is not required to display a company logo or maintain a two-way radio and is not permitted to solicit passengers from City streets, sidewalks or other public areas. Board shall mean the Board of Taxicab Commissioners of this City exclusively with regard to all taxicab rules and regulations, and Board shall mean the Board of Transportation Commissioners of this City exclusively with regard to all other vehicle rules and regulations other than taxicab matters. (Amended by Ord. No. 172,023, Eff. 6/26/98.) Department shall mean the Department of Transportation of this City. Driver shall mean every person who drives or is in actual physical control of a vehicle defined in this section, either as an agent, employee or otherwise. Motor Bus shall mean every automobile, jitney bus, stage and autostage, and every other motor-propelled vehicle owned, controlled, operated and managed for public use in the transportation of persons over any public street in the City of Los Angeles, and into which passengers are received and from which passengers are discharged along the route traversed by such vehicle, provided that other vehicles defined herein shall not be deemed included in said term. Non-ambulatory Passenger Vehicle shall mean every motor vehicle specially constructed, modified, equipped, or arranged for the purpose of transporting passengers in litters or wheelchairs on a non-emergency basis, used for the purpose of serving the public, and driven by any person other than a governmental agency, whether or not the transportation extends beyond the City limits and whether or not any fee, compensation, or consideration is charged, paid, or received for such transportation. Non-motorized Vehicle shall mean every vehicle for hire powered by people or animal whether pulled, drawn, pushed or pedaled, and used for the transportation of passengers over streets or ways of the City. The Board shall determine the suitability of streets and pickup zones to be permitted for use, the hours of operation, insurance requirements and other restrictions for non-motorized vehicle service. Operator shall mean any person or corporation who conducts or manages a business using the vehicles defined in Section Private Ambulance shall mean every vehicle equipped with a siren and specially constructed, modified, equipped or arranged for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons, used for the purpose of serving the public, and driven by any person other than governmental agency. Public Transportation Vehicle shall mean every automobile or motor propelled vehicle, not otherwise defined in this section, used for the transportation of passengers over streets of this City, whether or not the transportation extends beyond the City and whether or not any fee, compensation or consideration of any character is charged, paid or received for such transportation. School Bus shall mean every motor vehicle used for the transportation of pupils to or from any school or institution of learning, or to or from school activities, over the streets of this City, irrespective of whether such operations extend beyond the boundary limits of this City, and regardless of whether or not any fee, compensation or consideration is paid for such transportation, except the following vehicles: 1. A motor vehicle of the pleasure type carrying only members of the household and the guests of the owner thereof; 2. A motor vehicle while being operated by or under contract with the Board of Education. Sightseeing Automobile shall mean every automobile or motor propelled vehicle used for the transportation of passengers over streets of this City, irrespective of whether such operations extend beyond the boundary limits of this City, for sightseeing purposes or showing points of interest and charging a fee or compensation therefor, regardless of whether any fee, compensation or consideration is paid to the driver of such sightseeing automobile by the passenger or by the owner, or by the person who employs or contracts with the driver, or charters such sightseeing automobile with a driver to transport or convey any passenger, and irrespective of whether or not such driver receives any fee or compensation for the services. Taxicab shall mean every automobile or motor propelled vehicle which is designed to carry not more than eight persons, excluding the driver, and either is equipped with a taximeter or a top light or has the words taxi, cab or taxicab displayed on the exterior of the vehicle, and used for the

3 transportation of passengers for hire over the streets of this City, irrespective of whether the operations extend beyond the boundary limits of said City, at rates for distance traveled, or for zones, or for waiting, standby or traffic delay time, or for any combination of such rates, and not operating over a defined route but routed under the direction of such passengers or persons hiring the same. Taxicab Operator shall mean a taxicab franchise grantee, and the management and officers of those grantees. (Amended by Ord. No. 174,058, Eff. 8/9/01.) Taximeter shall mean a device that automatically calculates at predetermined rate or rates, and indicates the charge for hire of a vehicle. Zone shall mean a place established by the Department and designated as a zone for the use while waiting employment of any vehicle defined in Section or operated in passenger transportation service by authority of the California Public Utilities Commission. SEC AUTHORITY OF BOARD TO ADOPT RULES. (Amended by Ord. No. 165,491, Eff. 3/19/90.) The Board shall have the power to adopt such rules and regulations as may be necessary to implement the purposes of this article. Such rules and regulations may include but are not limited to the following: rules and regulations pertaining to the service, safety and operation of the vehicles defined in this article; rules and regulations prescribing limitations, conditions and qualifications of applicants for vehicle permits, driver permits, and ambulance attendant permits; rules and regulations relating to hearings conducted pursuant to Section of this article, and rules and regulations specifying the monetary penalties and the procedures to collect the penalties that may be levied against franchise, operating permit, vehicle permit, driver permit and attendant permit grantees pursuant to Sections and of this article. SEC AUTHORITY OF DESIGNATED EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION TO MAKE ARRESTS AND ISSUE CITATIONS. (Amended by Ord. No. 173,901, Eff. 5/31/01.) (a) The Taxicab Administrator and the Senior Transportation Engineer assigned to franchise regulation functions shall have the power, authority and immunity of a public officer or employee, as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence which is a violation of this article, or of any ordinance of the City of Los Angeles or penal law of the State relating to such matters as public transportation and parking control, and, in addition, all violations set forth in Section (b) The Chief Transportation Investigators, Senior Transportation Investigators and Transportation Investigators shall have the immunity, authority and powers of arrest of a peace officer pursuant to the California Penal Code Section 830.7(h) to enforce any law of this State or any ordinance of this Code pertaining to matters under the jurisdiction of the Department of Transportation. (c) The above designated employees shall also be authorized to issue citations for the various offenses under their jurisdiction and the cited persons shall be subject to either administrative hearings and penalties (for Board Order violations) or as provided for in the Penal Code Sections and/or (for Infractions and Misdemeanors). (d) Each of the above designated employees shall carry upon his or her person a metallic badge, of a size and design to be determined as provided in Sec of this Code, while performing his or her respective duties applicable to Chapters VII and VIII of the Municipal Code. SEC AUTHORITY OF DESIGNATED EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION TO HAVE ACCESS TO LOCAL SUMMARY CRIMINAL HISTORY INFORMATION. (Amended by Ord. No. 173,901, Eff. 5/31/01.) The Board of Transportation Commissioners, the Commission Executive Assistant to the Board of Transportation Commissioners, the Board of Taxicab Commissioners, the Commission Executive Assistant to the Board of Taxicab Commissioners, the General Manager and the Assistant General Manager, the Chief of Transit Programs, the Taxicab Administrator, the Senior Transportation Engineer, the Transportation Engineer, the Senior Management Analyst I, the Chief Transportation Investigator, the Senior Transportation Investigators, and the Transportation Investigators assigned to or having responsibility for permitting and licensing, and for parking control functions within the Department of Transportation shall have the authority to obtain state and local summary criminal history information pursuant to the California Penal Code, Section 11105(b)(10) and Section 13300(b)(10), in fulfilling their duties applicable to Chapter VII and Chapter VIII of the Los Angeles Municipal Code. SEC OPERATION OF VEHICLES PERMITS OR FRANCHISES REQUIRED. (Amended by Ord. No. 174,058, Eff. 8/9/01.) (a) No person or corporation shall drive, operate or use, whether as owner, lessor, lessee or otherwise, any of the vehicles defined in Section to pick up or attempt to pick up passengers within the limits of the City of Los Angeles, or allow or permit to be operated, driven, or used, whether as owner, lessor, lessee,

4 or otherwise, any of the vehicles defined in Section to pick up or attempt to pick up passengers within the limits of the City of Los Angeles unless a written vehicle permit for the operation of such specifically defined vehicles has been obtained from the Board; provided, however, that no vehicle permit shall be required for the operation of any vehicle under and in accordance with the terms and conditions of a franchise granted by the City of Los Angeles. (b) No person or corporation or membership organization shall drive or operate a taxicab without a franchise granted by the City of Los Angeles. The Board may grant a taxicab vehicle permit to grantee or a member of grantee for each vehicle operated under a taxicab franchise. No taxicab shall be operated under a franchise unless the Board has issued such a permit for each specific vehicle. A taxicab operated under a franchise may not continue in service if the taxicab vehicle permit is expired, suspended, canceled or revoked. The Board may authorize the decaling of each individual taxicab by the Department as approval for a taxicab vehicle permit. (c) Every corporation, person, cooperative, or association who operates a taxicab and who knowingly and willfully issues, publishes or affixes, or causes or permits the issuance, publishing or affixing of any oral or written advertisement, broadcast or holding out to the public or any portion thereof, in any manner whatsoever, that the corporation or person is in operation as a taxicab company or an individual taxicab without having a valid vehicle permit and franchise granted by the City of Los Angeles is guilty of a misdemeanor. (d) In no event shall any person or corporation who drives or operates a taxicab in the City of Los Angeles publish, advertise or broadcast in any manner, written or oral, a telephone number either by itself or connected to a rotary or call forwarding system for taxicab service, which is the same telephone number as that for other vehicles for hire. (e) No person or corporation shall knowingly dispatch a vehicle or respond to a request for a taxi, cab or taxicab for pick-up within the City of Los Angeles unless the responding vehicle is operated pursuant to a franchise granted by the City of Los Angeles. SEC SUSPENSION OF TAXICAB FRANCHISE. (Title Amended by Ord. No. 174,058, Eff. 8/9/01.) (a) (Amended by Ord. No. 174,058, Eff. 8/9/01.) The Board may, after due notice and an opportunity to be heard, suspend a taxicab franchise or any portion thereof for one or more days, upon any of the following grounds: (1) Noncompliance with franchise terms and conditions as specified therein; Board rules and orders as specified therein; Department directives; or the State Vehicle Code. (2) The holder of a majority interest in the Grantee or the Grantee illegally conducts any type of public transportation operation licensed by the City or any other governmental agency. Such suspension may be of one or more fleet vehicles throughout the City and/or suspension of the right to pick up at certain taxicab stands and at Los Angeles International Airport. (b) Any suspension of 30 days or more or any suspension after an aggregate of 30 days suspension in any 12-month period, is subject to appeal to the City Council. SEC MONETARY PENALTIES FOR TAXICAB OPERATORS. (Amended by Ord. No. 170,068, Eff. 11/18/94.) (a) The Board may levy monetary penalties in addition to or in lieu of suspension of franchise or operating permit pursuant to above. Monetary penalties may be levied on a per violation, a per day or an accumulated penalty point basis and may escalate on a first, second, or third violation basis. Deficiencies in operations which endanger the public health, welfare, and/or safety shall receive the maximum penalties. (b) The Board shall adopt by resolution a schedule of monetary penalties, a procedure for assessing monetary penalties or penalty points for specific driver and/or operator violations, and an appeal procedure. Monetary penalties for taxicab operators shall be no more than $1,000 for each penalty point over an established limit, or for each day, as appropriate, up to a maximum of $25,000 in monetary penalties for penalty points accumulated in a calendar quarter; except penalties assessed on a per day basis for failure to correct operator deficiencies shall accumulate without limit for each day that the violation exists. Any single penalty assessment that exceeds $30,000 is subject to appeal to the City Council. (c) Payment of a monetary penalty or the serving of a suspension shall constitute a waiver of the right to further appeal of any monetary penalty or suspension to the City Council or Superior Court. (d) Judicial review of an action by the Board levying such monetary penalty or of an action of the City Council in denying an appeal, as provided for herein, shall be available only if a petition for a writ of mandate is filed in the Superior Court not later than the 90th day following the date upon which the decision of the Board or City Council becomes final, which shall be the expiration of the period during which reconsideration can be sought, provided that if reconsideration is sought the decision is final for the purposes of this section on the date that reconsideration is rejected. (e) The total monetary penalty payment is due by the date established by the Board or 30 days after the end of the month in which payment has accrued, whichever comes first. The payment is delinquent if not paid on or before the due date.

5 (f) A penalty of 10% of the amount of the payment shall be assessed on any payment which has become delinquent. Failure to pay any delinquent payment on or before the last day of the fourth month following the date on which the payment first became delinquent will result in the assessment of a second penalty of 10% of the amount of the payment in addition to the amount of the payment and the 10% penalty first imposed. (g) In addition to the penalties imposed above, failure to pay any payment required by ordinance and by the franchise or operating permit will result in the assessment of interest charges at the rate of 1-1/2% per month, or fraction thereof, on the amount of the payment, exclusive of penalties, from the date on which the payment first became delinquent until it is paid. SEC USE OF PUBLIC RIGHTS-OF-WAY. (Added by Ord. No. 170,068, Eff. 11/18/94.) (a) It shall be unlawful for any person, corporation, association or cooperative to operate, maintain, drive or park any vehicle, as defined in Section 71.00, on any street, roadway, thoroughfare, highway or public right-of-way within the boundaries of the City of Los Angeles without a permit or business license granted or issued for the operation of the specified vehicle by an authorized governmental entity in the State of California. (b) Violation of this section will subject the violator to impoundment of the unlawful vehicle by the City of Los Angeles and is deemed a misdemeanor. (c) Whenever any peace officer, public officer or employee of the City of Los Angeles arrests any person for violation of this section, the officer or employee shall impound and retain possession of any vehicle used in violation of this section until a court of competent jurisdiction or an officer or employee of the City of Los Angeles shall release said vehicle. SEC DRIVING OF VEHICLES PERMITS REQUIRED. (Amended by Ord. No. 173,901, Eff. 5/31/01.) (a) No person shall drive a private ambulance as defined in Section without first having obtained an ambulance driver permit from the Board. (b) No person shall drive a non-ambulatory passenger vehicle as defined in Section without first having obtained a non-ambulatory passenger vehicle driver permit from the Board. (c) (d) No person shall drive or operate a taxicab as defined in Section without first having obtained a taxicab driver permit from the Board. No person shall drive or operate any other type of vehicle defined in Section without first having obtained a driver permit from the Board. SEC AMBULANCE ATTENDANTS PERMITS REQUIRED. No person shall act as an ambulance attendant in a private ambulance unless such person holds an ambulance attendant permit or an ambulance driver permit issued by the Board. (Amended by Ord. No. 141,670, Eff. 5/7/71.) SEC NON-AMBULATORY PASSENGER VEHICLE ATTENDANTS PERMITS REQUIRED. No person shall act as a non-ambulatory passenger vehicle attendant in a non-ambulatory passenger vehicle as defined in unless such person holds a non-ambulatory passenger vehicle attendant permit or an ambulance attendant permit from the Board. (Added by Ord. No. 154,996, Eff. 4/26/81.) SEC APPLICATION AND ANNUAL OR MONTHLY FEE FOR VEHICLE PERMITS. (Title Amended by Ord. No. 165,491, Eff. 3/19/90.) (a) Applicants for vehicle permits shall file with the department an application upon forms provided by the department, containing such information as is required by the rules and regulations of the Board. (Amended by Ord. No. 149,526, Eff. 5/21/77.) (b) Taxicab Operators and Taxicab Vehicle Permittees. (Amended by Ord. No. 177,843, Eff. 10/1/06.) (1) Each new or replacement member of a franchised taxicab operator who makes application for membership as a taxicab vehicle permittee shall submit with an application a nonrefundable processing fee, in the amount specified in Section (2) Each franchised taxicab operator shall pay an annual taxicab vehicle permit fee, in the amount specified in Section , for each vehicle fleet position slot used during the calendar year. (3) The monthly franchise base fee for each authorized taxicab fleet position shall be $ multiplied by a meter rate adjustment factor (MRAF). The MRAF shall be determined by the Board and shall be the ratio of the cost of a five paid-mile trip at the level of rates that may be approved

6 by Board Order from time to time to the cost of a five paid-mile trip at the meter rates in effect at the effective date of this ordinance. (4) The total monthly franchise fee for each authorized taxicab fleet position shall be the base fee multiplied by the Service Factor. (5) Upon the effective date of this ordinance, the Service Factor shall be fifty percent until modified by the Board. (6) The total monthly franchise fee payment is due 30 days after the end of the month in which payment has accrued. The payment is delinquent if not paid on or before the due date. (7) A penalty of ten percent of the amount of the payment shall be assessed on any payment that has become delinquent. Failure to pay any delinquent payment on or before the last day of the fourth month following the date on which the payment first became delinquent will result in the assessment of a second penalty of ten percent of the amount of the payment in addition to the amount of the payment and the ten percent penalty first imposed. (8) In addition to the penalties imposed above, failure to pay any payment required by ordinance and by the franchise will result in the assessment of interest charges at the rate of one and one-half percent per month, or fraction of a month, on the amount of the payment, exclusive of penalties, from the date on which the payment first became delinquent until it is paid. (9) The amount of any monthly franchise fee in excess of the monthly fee that is calculated using a Service Factor of fifty percent shall not be allowed as a permit fee expense for the rate making purposes. (10) Each franchised taxicab operator shall pay a monthly taxicab vehicle bandit enforcement fee, in the amount specified in Section , for each taxicab in service (provided a City Seal by the City) during any part of the billing month. This assessment shall be collected only if a portion of the taximeter activation "flag drop" charge, or other funding mechanism, has been established and approved for bandit enforcement by the Board of Taxicab Commissioners. Revenue generated from the collection of taxicab vehicle bandit enforcement fees shall be placed into a separately designated account in the Transportation Regulation and Enforcement Trust Fund, and shall be used for the establishment and maintenance of a unit of police officers dedicated to enforcing the City's laws prohibiting the operation of illegal taxicabs and vehicles for hire. Revenue collected in excess of the funding level contractually agreed to or stipulated by the Department for these police officer enforcement efforts shall be retained and used by the Department exclusively for bandit taxicab enforcement purposes. (c) (Amended by Ord. No. 180,541, Eff. 3/28/09.) Each application for a new, or renewal vehicle permit, other than a taxicab, shall be accompanied by a non-refundable filing fee in the amount specified in Section for each vehicle covered by the application. If the application is for a permit to operate a vehicle, other than a taxicab that is inspected at least annually by another governmental agency, then the nonrefundable Vehicle Permit processing fee for such vehicle shall be reduced by $ If the application is for a permit to use a vehicle, other than a taxicab or non-motorized vehicle, for a period not exceeding 30 days, as a substitute for a vehicle for which a permit is in full force and effect, no processing fee shall be required. If the application is for a temporary permit in excess of 30 days, it shall be accompanied by a non-refundable processing fee of $50.00 for each vehicle covered by such application. Temporary permits, other than for taxicabs or nonmotorized vehicles, will not be issued for a period in excess of 60 days. (d) Any money due to the Department of Transportation by any applicant for a vehicle permit, including money owed for outstanding parking tickets or other fines assessed by the Department, must first be paid, or the matter otherwise resolved to the satisfaction of the Department, prior to the issuance of such permit. (Amended by Ord. No. 166,534, Eff. 1/31/91.) SEC APPLICATION FOR DRIVER AND AMBULANCE ATTENDANT PERMITS. (Amended by Ord. No. 173,901, Eff. 5/31/01.) Every applicant for a driver permit or an attendant permit shall file with the Department an application upon a form furnished by the Department, containing such information as is required by the rules and regulations of the Board. Any money due the Department of Transportation by any applicant for a driver or attendant permit including money owed for outstanding parking tickets or other fines assessed by the Department, must be paid, or the matter otherwise resolved to the satisfaction of the Department, prior to the issuance of such permit. Every application for a driver permit or an attendant permit shall be accompanied by a non refundable processing fee in the amount specified in Section or Section Each applicant for a taxicab driver permit must also be issued an identification badge and shall pay a non refundable processing fee in the amount specified in Section Every application for a driver permit for a non-motorized vehicle shall be accompanied by a non refundable processing fee in the amount specified in Section The Board may require an applicant to furnish via live-scan capture or on forms prescribed by the Board, the fingerprints of the applicant. A non refundable fingerprint processing fee in the amount specified in Section , which is in addition to the application processing fee, shall accompany the application for which fingerprint processing is required.

7 Upon approval of the application, the Department shall issue to the permittee a conditional permit in the form prescribed by the Board, pending receipt of applicant s criminal history record. If such record proves to be satisfactory to the Department, the permit issued shall no longer be considered conditional. Notwithstanding Sections 71.07, and hereof, falsification of an application for driver permit shall be grounds for immediate cancellation of a permit and/or denial of an application for a permit by the Department. SEC APPLICATION PROCESSING AND OTHER FEES. (Amended by Ord. No. 181,625, Eff. 5/8/11.) The Department shall collect the following fees for processing the indicated permit applications or providing the indicated items: (a) Taxicab Vehicle Permit $81.00 (b) Initial and Renewal Private Ambulance Vehicle Permit (c) Initial and Renewal Non-ambulatory Passenger Vehicle Permit (d) Initial and Renewal Public Transportation Vehicle Permit (e) Initial and Renewal Automobile for Hire Vehicle Permit (f) Initial and Renewal Motor Bus Vehicle Permit (g) Initial and Renewal Non-motorized Passenger Vehicle Permit (h) Initial Driver or Attendant Permit (i) Renewal Driver or Attendant Permit (j) Initial Non-motorized Driver Permit (k) Renewal Non-motorized Driver Permit (l) Taxicab Vehicle Decal (for each decal set) (m) Vehicle Decal (for other than taxicabs) (n) Taxicab Driver Identification Badge 5.00 (o) Replacement of existing Driver or Attendant Permit (for lost permit, name change or change of company) (p) Fingerprint Processing (q) Outside Agency Service Fees As Required (r) Taxicab Rule Book 3.00 (s) Taxicab Membership Application (t) Monthly Taxicab Vehicle Bandit Enforcement Fee (per sealed taxicab) SEC FEES FOR SERVICES PROVIDED OUTSIDE OF NORMAL WORKING HOURS. (Re-added by Ord. No. 171,247, Eff. 9/27/96.) Upon request to the Department of Transportation with respect to matters involving the regulation of vehicles defined in Section 71.00, the Department may assign staff to provide services outside of normal working hours, subject to payment to the City of its costs as hereinafter provided: (a) Each such request must be received by the Department no less than one week prior to the time for which services are requested. (b) In each such instance the Department of Transportation shall charge and collect the total costs of Departmental work, services, and materials provided outside of normal working hours. (c) Prior to the Department proceeding pursuant to any such request, the applicant requesting services outside of normal working hours shall deposit with the City that sum estimated by the Department to be sufficient to pay the City for all City costs with respect thereto. (d) The deposit may vary in amount from time to time depending upon the scope of the costs and expenses reasonably anticipated as necessary to provide the work, services, and materials to be used for the services requested, provided that the estimated sum required to be deposited shall be based upon and not be inconsistent with the actual costs of similar work done by, and materials used by, the Department in the regular course of its duties. (e) The Department shall estimate the amount of the deposit in conformity with a schedule adopted by the General Manager on a semiannual or less frequent basis which sets forth and applies then current salary schedules and verifiable time and materials costs of the City with respect to those types of Departmental activities. The schedule shall be kept on file by the Department and be available to any applicant depositor at the time an application is made or as otherwise requested.

8 (f) Money received as a deposit from an applicant shall be deposited into the Department of Transportation Trust Fund and shall be transferred to the General Fund to first reimburse the Departmental costs incurred in providing services and materials referred to in Subsection (b) above for the applicantdepositor. (g) As a condition to the Department proceedings set forth above, any deposit accepted pursuant to this section shall be adjusted at the completion of the services requested to conform to actual costs as follows: 1. In the event actual costs incurred by the City are less than the deposit received by the City, the applicant shall be entitled to reimbursement of the excess from the deposit; and 2. In the event the costs exceed the sum on deposit, all such additional costs shall be paid by the applicant-depositor to the City upon demand. SEC REVIEW OF FEES FOR SERVICE. (Added by Ord. No. 180,541, Eff. 3/28/09.) The Department of Transportation shall provide an annual review of the vehicle and driver permitting fees designated in Section , subsections (a) through (s), and shall submit recommendations for changes in these fees for special services to the Council, as follows: (a) By May 1st of each odd numbered year, the Department shall provide a comprehensive study of fees for services, and shall provide a report and proposed draft ordinance to the Mayor and the City Council detailing any requested changes in the fees for special services for any particular item listed in Section The comprehensive study shall include: 1) measurement of the average salary increase in effect for all vehicle-for-hire staff members from the previous calendar year; 2) measurement of changes in material, equipment and contract costs related to any and all fee-for-service items; 3) adjustment of any changes required in the amount of personnel time necessary to complete any fee-for-service activity; and 4) current indirect costs for labor provided by the City's Cost Allocation Plan. Cost figures shall be compared to the current baseline established for each fee. Recommended fee changes shall be rounded to the nearest whole dollar. The recommended fee changes shall be requested to take effect beginning July 1st of the reporting year. (b) By May 1st of each even numbered year, the Department shall provide a proposal for adjustment of fees for services, and shall provide a report and proposed draft ordinance to the Mayor and the City Council detailing any requested changes in the fees for service for any particular item listed in Section The adjustment shall include a measurement of the average salary increase in effect for all vehicle-for-hire staff members from the previous calendar year. Current indirect costs for labor derived from the City's Cost Allocation Plan also shall be included as part of the adjustment and assessment report. Cost figures shall be compared to the current baseline established for each fee. Recommended fee changes shall be rounded to the nearest whole dollar. The recommended fee changes shall be requested to take effect beginning July 1st of the reporting year. SEC THE BOARD S POWER TO REVOKE OR SUSPEND DRIVER, ATTENDANT, OR VEHICLE PERMITS. (Section and Title Amended by Ord. No. 165,491, Eff. 3/19/90.) The Board shall have the power after public hearing to deny, revoke, suspend or cancel any driver, attendant, or vehicle permit for which this article makes provision. The exercise of such power, except in an emergency situation involving public health and safety, shall be subject to the affected permittee having been given adequate notice of the hearing, the proposed action, the reasons thereof, a copy of the charges upon which the action is based, and the permittee shall have the right to respond, either orally or in writing. SEC GROUNDS FOR DENIAL, REVOCATION, SUSPENSION OR CANCELLATION OF PERMIT. (Amended by Ord. No. 150,456, Eff. 12/30/77.) The following shall constitute grounds for denial, revocation, suspension or cancellation of any driver, attendant, or vehicle permit for which this article makes provision: (First para. amended by Ord. No. 165,491, Eff. 3/19/90.) (a) Arrest for the commission of any crime while driving a vehicle defined in Section or any crime involving moral turpitude; (b) Violation of any rule or regulation of the Board, any section of the Los Angeles Municipal Code, Los Angeles Administrative Code and other ordinances of the City, any rule or regulation of the Department of Airports, and any section of a State Statute or Administrative Code, relating to the operation of a vehicle defined in Sec and for which a permit is required under this article. SEC PROCEDURES FOR DENIAL, REVOCATION, SUSPENSION OR CANCELLATION OF PERMITS BY THE GENERAL MANAGER OR HIS AUTHORIZED REPRESENTATIVE. (Amended by Ord. No. 150,456, Eff. 12/30/77.) (a) Immediate suspension: The General Manager of the Department or his authorized representative may immediately suspend a permit when it is determined that an emergency involving public health or safety requires such suspension. Permittee shall be given notice of such suspension in writing delivered to

9 the permittee either in person or by registered letter. (b) Temporary suspension: The General Manager of the Department or his authorized representative may temporarily suspend any permit. Such temporary suspension shall be after the permittee has been given notice to appear before the General Manager or his authorized representative for a hearing on the charges. Such notice shall include the basis for the proposed charges. The permittee shall have the right to respond either orally or in writing. If after hearing it is determined that cause for suspension exists the permittee may accept the suspension of the permit or fill out a prescribed form requesting a hearing before the Board. The Board shall consider such request and the grounds therefor and shall take appropriate actions thereon subject to the provisions of Section (Amended by Ord. No. 165,491, Eff. 3/19/90.) (c) Permanent suspension, revocation or cancellation: Whenever investigation determines that cause for permanent suspension, revocation or cancellation of a permit exists, the permittee shall be given notice to appear before the Board for a hearing. (Amended by Ord. No. 165,491, Eff. 3/19/90.) (d) Waiver of hearing: Failure of permittee to respond to a notice to appear for a hearing before the General Manager of the Department or his authorized representative or before the Board is a waiver of the right to a hearing and action may be taken without permittee being present. (e) (Added by Ord. No. 165,491, Eff. 3/19/90.) The General Manager of the Department or his authorized representative, or any officer of the Los Angeles Police Department, may take possession of any badge, card, permit, license or vehicle decal issued under the provisions of this chapter, upon expiration, revocation, cancellation or suspension thereof, or which is fictitious or which has been unlawfully or erroneously issued. Any decal, or other taxicab or vehicle identification as approved by the Board, which is not attached to the vehicle for which it was issued may be seized. Any such document or decal seized shall be delivered to the Department. SEC REHEARING. Upon receipt of a written request from a person whose permit has been denied, suspended revoked or cancelled stating the grounds for protesting such action, the Board shall consider the basis of the request and may set the matter for rehearing, notify the applicant and take appropriate action. (Added by Ord. No. 150,456, Eff. 12/30/77.) SEC MONETARY PENALTIES FOR DRIVER, VEHICLE AND ATTENDANT PERMITTEES. (Amended by Ord. No. 173,901, Eff. 5/31/01.) (a) Monetary penalties may be levied against an individual permit holder in lieu of or in addition to suspension, revocation or cancellation of permits as described in Sec Monetary penalties may be levied on a per violation or a per day basis and may escalate on a first, second, or third violation basis. Violations which endanger the public health, welfare, and/or safety shall receive the maximum penalties. (b) The Board shall adopt by resolution a schedule of monetary penalties for specific violations. (Amended by Ord. No. 177,715, Eff. 9/4/06.) (c) The monetary penalties established by the Board in (b) above may be assessed and collected by the General Manager of the Department or authorized representative. (d) The Board may adopt a hearing examiner procedure in accordance with Div. 19, Ch. 3, Art. 1 of the Los Angeles Administrative Code. (e) Payment of a monetary penalty or the serving of a suspension shall constitute a waiver of the right to further appeal of any monetary penalty or suspension to the Board. (f) The provisions of Section (f) are applicable herein. (g) The total monetary penalty payment is due by the date established by the Board or 30 days after the end of the month in which payment has accrued, whichever comes first. The payment is delinquent if not paid on or before the due date. (h) A penalty of 10% or as otherwise established by the Board of the amount of the payment shall be assessed on any payment which has become delinquent. Failure to pay any delinquent payment on or before the last day of the fourth month following the date on which the payment first became delinquent will result in the assessment of a second penalty of 10% of the amount of the payment in addition to the amount of the payment and the 10% penalty first imposed. (i) In addition to the penalties imposed above, failure to pay any payment required by ordinance and by the franchise or operating permit will result in the assessment of interest charges at the rate of 1-1/2% per month, or fraction thereof, on the amount of the payment, exclusive of penalties, from the date on which the payment first became delinquent until it is paid. SEC REGULATIONS DURING SUSPENSION PERIOD. From the time of the revocation or during the suspension of any permit, no person whose permit is suspended or revoked shall drive, operate or be in charge of

10 any of the vehicles defined in Section 71.00, or permit the vehicles on which the permit has been suspended or revoked to engage in the several classes of business mentioned in Section or allow any such vehicle to stand while awaiting employment at a location designated in such suspended or revoked permit until a new permit has been procured or until the period of suspension shall have expired. SEC DURATION AND RENEWAL OF PERMITS. (Amended by Ord. No. 145,593, Eff. 3/28/74.) Permits issued under the provisions of this article shall be for the following durations: (a) Vehicle permit shall be issued initially for a period not to exceed one year and renewals thereof shall be for maximum one year periods thereafter. (Amended by Ord. No. 157,741, Eff. 7/9/83.) (b) (Amended by Ord. No. 165,491, Eff. 3/19/90.) Driver permits and attendant permits shall be issued initially for a period not to exceed one year and renewals shall be for two-year periods thereafter. Vehicle, driver and attendant permits shall expire upon such date or dates as may be fixed by the Department. SEC REQUIREMENTS OF PUBLIC CONVENIENCE AND NECESSITY. (Amended by Ord. No. 161,493, Eff. 8/11/86.) (a) The applicant shall have the burden of proof to establish by clear and convincing evidence that public convenience and necessity requires the operation of the vehicle for which the permit application was made. No vehicle permit for the operation of any vehicle defined in Section shall be granted until the Board, after a public hearing, conducted in accordance with rules and regulations prescribed by the Board, determines that the applicant has presented the necessary evidence to justify the issuance of such vehicle permit. Evidence of public convenience and necessity shall not be necessary for the granting of the same number of permits held by the applicant under the same name and color scheme on the date prescribed by the Department for the expiration of permits, and said permits shall be classed as renewals and shall be granted automatically on the filing of an application unless applicant violates other provisions of this article. In addition, evidence of public convenience and necessity shall not be necessary for granting of vehicle permits for vehicles operated pursuant to any government grant program provided, however, that such vehicles are dedicated to such program use. Such authority shall not be used in support of an application for authority to operate any other type of service and such authority shall cease whenever the government grant program is terminated. (b) No franchise for the operation of any vehicle defined in Section shall be granted except pursuant to and in accordance with the provisions of Article 2 through Article 13 inclusive of Chapter 1, Division 13 of the Los Angeles Administrative Code, which prescribes the procedure for the granting of franchises, and the Board shall consider public convenience and necessity prior to making its recommendation to Council on any application for such franchise. SEC SPECIFIC FINDINGS REQUIRED. (Amended by Ord. No. 161,493, Eff. 8/11/86.) The Board, in determining whether or not public convenience and necessity exists, may take into consideration all facts as it may deem pertinent and proper which include, but are not limited to, consideration of the following: (a) Evidence presented by the applicant to the Board in support of applicant s financial capability, e.g., financial statements: current and pro forma profit and loss statements and current balance sheet. (b) Evidence that the persons holding permits for the operation of particular vehicles are or are not, under efficient management, earning a fair and reasonable return on their capital devoted to such service. (c) Evidence from the applicant that the persons holding permits for the operation of the type of vehicle for which the application is being made are or are not, under normal conditions, adequately serving the public. (d) application. Testimony (written and/or verbal) and statistical data daily trip volume, trips referred, delays in response time, etc.) presented in support of (e) Results of a Department investigation of users and suppliers of the service in the area indicating whether existing services are meeting the need or demand. Applicants for additional vehicles must be providing the minimum acceptable quality of service as established by the Board.

11 SEC INSURANCE OR BOND REQUIRED. (a) (Amended by Ord. No. 170,068, Eff. 11/18/94.) Before any vehicle permit or franchise is issued for any vehicle mentioned in Section 71.00, the operator of the vehicle shall file with the Department, and shall thereafter keep in full force and effect a policy of insurance in such form and amounts as the Board in consultation with the City Administrative Officer s Risk Management Section may from time to time require but not less than the appropriate sums specified in the following table. Such insurance shall be written by an insurance company authorized to do business in the State of California, insuring the operator against liability for any loss or damage that may result to any persons or property from the operation of such vehicle: Seating Capacity of Vehicle 1-7 passengers 8-12 passengers passengers passengers Over 30 passengers For Bodily Injury to or Death of One Person EXCEPTION: For Bodily Injury to or Death of More Than One Person in Any One Accident For Loss or Damage to Property in Any One Accident $100,000 $300,000 $50, , , , , , , , , , , , ,000 Operators of non-motorized vehicles shall maintain a policy of insurance for public liability and property damage in amounts to be determined by the Board. Such operator may, in lieu of the aforesaid policy of insurance, file with the Department a bond in such form as the Department may require, approved by the City Attorney, executed by a corporate surety authorized to conduct business under the laws of the State of California as a surety in a sufficient amount which bond shall be conditioned upon the payment of all final judgments which may be rendered against such operator for damages on account of injuries to any person or property from the operation of such vehicle, and which bond shall be in the amount specified in the following table, according to the size and number of motor vehicles permitted or franchised. Number of Vehicles Owned or Offered For Hire Amount of Bond as to Vehicles Having a Seating Capacity of Less than 11 Passengers Amount of Bond as to Vehicles Having a Seating Capacity of More than 10 Passengers 1 $220, $440, , , , , , ,000, , ,200, Over , ,400, (b) In the event of the return unsatisfied of any execution issued on any judgment rendered against such operator for damages on amount of injury to person or property occasioned by such motor vehicle, such operator shall, within ten days after the return of such execution unsatisfied, pay such judgment or increase the amount of his bond by the amount thereof, and failing to do so, he shall forthwith cease his operations until such judgment is paid or such bond is so increased. (Amended by Ord. No. 165,491, Eff. 3/19/90.) (c) All policies or bonds shall contain a provision for continuing liability thereunder up to the full amount thereof notwithstanding any recovery thereon. (d) If an operator has net assets of at least $500,000.00, he/she may file with the Department a current balance sheet certified by a certified public accountant, and if such balance sheet be approved by the Board, and if the Board shall find that such person has net assets of at least $500,000.00, as aforesaid, and has stipulated in writing to meet all other conditions prescribed by the Board, after Board s consideration of recommendations of the City s Risk Manager, as required for self-insurance, then no policy of liability insurance or bond need be filed by such operator; subject, however, to the provisions of Subsection (e) of this section. (Amended by Ord. No. 165,491, Eff. 3/19/90.) (e) Any operator electing to file a balance sheet in lieu of a policy of liability insurance or bond as hereinabove provided shall thereafter file with the Department, at such period or periods as may be prescribed by the Board from time to time, but not less than annually, current balance sheets certified to by a certified public accountant. The Board may at any time make a further investigation of the net assets of any such person, and whenever the Board find that such person does not appear to have net assets of at least $500,000, as aforesaid, or has not complied with other provisions required as conditions of self-insurance, the Board may revoke the authority of such person to file balance sheets in lieu of a policy of liability insurance or bond, as aforesaid, and shall require such person

12 immediately to file with the City a policy of liability insurance or bond as hereinabove required. (Amended by Ord. No. 165,491, Eff. 3/19/90.) (f) No person shall operate any vehicle described in Section unless there is a policy or bond on file in full force and effect as provided by this section or there is a current balance sheet on file with the Department approved by the Board as aforesaid, and such person is in compliance with all other Board requirements for self-insurance. (Amended by Ord. No. 162,615, Eff. 8/16/87.) (g) Any operator may file with the Department such combination of policy of insurance and bond as will afford the public protection at least equivalent to the insurance specified above with respect to the payment of judgments obtained against said operator. Such filing shall be subject to approval by the City Attorney. (Amended by Ord. No. 165,491, Eff. 3/19/90.) SEC CONTRACTS BETWEEN OWNERS AND EMPLOYEES. (Amended by Ord. No. 165,491, Eff. 3/19/90.) Vehicles described in Section for which a permit or franchise has been granted shall be driven by the grantee thereof or by an employee of the grantee. No grantee or driver of such vehicle shall enter into any contract, agreement or understanding between themselves by the terms of which such driver pays to, or for the account of, such grantee a fixed or determinable sum for the use of such vehicle. Notwithstanding the foregoing provisions of this section, however, any motor bus or taxicab as described in Section for which a permit or franchise has been granted may be driven pursuant to a contract, agreement, or understanding between the grantee and the driver provided the grantee secures the prior authorization of the Board regarding the extent thereof and in the granting of such permission, if the Board does grant such permission, the Board is empowered to impose such conditions as it deems necessary. The Board is further empowered to impose any such conditions as it deems necessary as to any authorizations heretofore given by the Board permitting such leasing or contracting. SEC TAXICAB IDENTIFICATION. (a) No taxicab shall be operated by any person without a distinctive and uniform color scheme or identification which designates the operator of said vehicle and which has been approved by the Department. (Amended by Ord. No. 149,526, Eff. 5/21/77.) (b) No color scheme, name, monogram, or identification shall be in conflict with or imitate any color scheme, monogram, or name of identification used by another taxicab grantee in such a manner as to be misleading or to tend to confuse or defraud the public. (Amended by Ord. No. 165,491, Eff. 3/19/90.) (c) Each taxicab operated under a franchise shall be identified as a City of Los Angeles authorized taxicab by decals or other suitable means as adopted by the Board. Identifying decals shall be provided by the Board for such purpose upon payment of the Taxicab Vehicle Decal fee specified in Section No person shall identify any vehicle by means of such decal, or any facsimile thereof, unless authorized to do so by the regulations of the Board. (Amended by Ord. No. 174,058, Eff. 8/9/01.) (d) No person shall identify any vehicle by means of a City of Los Angeles decal or facsimile thereof unless authorized to do so by the Board. (Added by Ord. No. 175,004, Eff. 1/26/03.) SEC VEHICLE IDENTIFICATION. (Amended by Ord. No. 173,901, Eff. 5/31/01.) (a) Each vehicle, other than taxicabs, operated pursuant to a permit issued under the provisions of this Article shall be identified as such by decals or other suitable means as adopted by the Board. Such identification shall be displayed as specified by the Board. Identifying decals shall be provided by the Board for such purpose upon payment of the Vehicle Decal fee specified in Section No person shall identify any vehicle by means of such decal, or any facsimile thereof, unless authorized to do so by the regulations of the Board. (b) Every motor vehicle other than taxicabs or autos for hire used and defined herein to carry passengers for hire, shall have displayed on both sides of each vehicle the name or trademark of the person under whose authority the vehicle is being operated or the name of the lessor or lessee thereof. The display of the name or trademark shall be permanently marked in letters in sharp contrast to the background and shall be of such size, shape, or color as to be readily legible during daylight hours from a distance of 50 feet. This section does not prohibit additional displays approved by the Board not inconsistent with this section. SEC LICENSES. (Amended by Ord. No. 173,301, Eff. 6/30/00, Oper. 7/1/00.) Each permit issued under the provisions of this article shall entitle the holder thereof to obtain a license to engage in the business described in said permit from the Office of Finance upon the payment of the license fee, and the Office of Finance shall issue to the holder, a license setting forth the kind of transportation for which such license is issued and the year when issued. SEC PERMITTED VEHICLE ZONES. (Amended by Ord. No. 173,901, Eff. 5/31/01.)

13 (a) The Department may establish zones to be used for the parking of vehicles defined in Section 71.00, or operated in passenger transportation service by authority of the California Public Utilities Commission, while awaiting employment. (b) Any zone so designated shall be occupied only by the permittee or permittees so authorized where such zone has been established in accordance with the provisions herein contained, and shall be occupied only during such hours of the day as may be specified by said Department. (c) All existing and future taxicab zones established in the City shall be open to use by all taxicab operators franchised by the City to operate in the service area of said zone. The Department shall make such conditions as it finds necessary to regulate such joint use of taxicab zones. The Board may, after public hearing, determine that public interest requires that one or more taxicab operators be restricted or prohibited from the use of any specified zone. SEC VEHICLE SIGNS. (a) Automobiles for hire while standing upon any street awaiting employment may display a sign with the words thereon For Hire. Such sign shall be of metal and of a uniform size of 6 by 9 inches. (b) Every vehicle used for carrying passengers for sightseeing purposes while standing upon any street awaiting employment may display a sign with the words thereon Sightseeing Bus giving the route, points visited or destination. Sightseeing bus signs shall be of metal of a uniform size of 8 by 24 inches. (c) be white. The outer surface of all signs specified in this paragraph shall be painted or enamelled a dark color and the letters and figures appearing thereon shall SEC TAXICAB SIGNS. (a) Every taxicab shall display in both the front seat and the rear seat, in full view of passengers in either of said seats, in letters and figures which are clearly legible and not less than one-quarter inches high the rates to be charged. The rate display shall either be of a permanent character or be protected by glass or other suitable transparent material and shall have printed thereon the name under which the owner of said taxicab operates and the business address and telephone number of such owner. (b) Every taxicab shall have lettered upon the sides of said taxicab the name under which the owner thereof operates together with the telephone number and the cab number of such owner. The number of the cab shall also be displayed in such a manner that it is plainly visible from the rear. All of the lettering mentioned in this subsection shall be of not less than 2 inches in height and not less than 5/16-inch stroke. (c) Every taxicab may display an electrically lighted identification or vacant sign or combination of both attached to the top of such cab. Every such sign shall not be more than 34 inches in length, 10 inches in height, or 10 inches in width. SEC OTHER SIGNS PERMIT REQUIRED. (Amended by Ord. No. 165,491, Eff. 3/19/90.) No person shall display any sign other than those provided in Sections and without first obtaining the written permission of the Board to do so. SEC TAXIMETERS. (a) No owner operating any taxicab shall operate such vehicle unless it is equipped with a taximeter of such type and design as has been accepted by the Department of Agriculture. Every owner using any taximeter shall at all times keep such meter accurate as established by order as adopted by the California Department of Agriculture. (b) Any inspector of the Department of Transportation or peace officer is authorized to remove any vehicle equipped with an inaccurate taximeter from the streets until said taximeter shall have been correctly adjusted. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.) (c) Except as hereinafter otherwise provided all taxicabs shall base their charges on taximeters at rates established by the Board and all taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab. (d) (Amended by Ord. No. 173,301, Eff. 6/30/00, Oper. 7/1/00.) The Board, in accordance with the procedures set forth in the Los Angeles Administrative Code, may, by resolution, establish flat or mileage rates to be charged to points beyond taxicab service areas, said rates to be charged in addition to or in lieu of the amount shown on such taximeter. (e) If rates are so established by the Board, the per-mile charge shall be conspicuously posted in each taxicab, and shall be charged when applicable. Payment of a zone rate, when applicable, shall entitle such passenger to be transported to any location within such zone.

14 (f) No operator of any taxicab, upon receiving payment of a fare as indicated by the taximeter thereon, or as determined by a zone rate established by the Board shall refuse to give a receipt upon the request of any passenger making said payment. SEC CIRCUITOUS ROUTES. Any driver employed to carry passengers to a definite point shall take the most direct route practicable that will carry the passengers safely and expeditiously to their destination. SEC EXCESS CHARGES. (Amended by Ord. No. 165,491, Eff. 3/19/90.) No person shall charge, collect, demand, receive or arrange for any compensation for the service of any vehicle defined in Section in this City used for the conveyance of passengers, any amount, rate, or compensation different than the charges or rates established by the Board. SEC AUTHORITY OF BOARD TO ESTABLISH RATES. (a) The Board shall have the authority to establish and prescribe by Board order the rates to be charged for transportation by the motor vehicles mentioned in Section Any Board Order fixing rates must be approved by the City Council, by ordinance, before taking effect. However, the Board may by Board Order establish rates to be effective on final publication and without subsequent ratification by the City Council within the range of maximum and minimum rates established by ordinance. (b) (Amended by Ord. No. 173,193, Eff. 5/29/00, Oper. 7/1/00.) No provision of this section shall prevent the Board from approving and establishing rates outside any ordinance-prescribed maximum and minimum rates, subject to approval by the City Council in accordance with the provisions of Section (g) of the Los Angeles Administrative Code. (c) No rate shall be placed in effect, charged, demanded or collected for passenger transportation service until the Board, after hearing upon its own motion, or upon application, or upon complaint, shall have found and determined said rate to be just, reasonable non-discriminatory, non-preferential, and not in violation of any provision herein contained or any provision of law; nor until said rate to be placed in effect, charged, demanded or collected shall have been approved and established. (d) The Board shall have power, upon a hearing upon its own motion or upon complaint, to investigate a single rate or fare, or the entire schedule of rates in effect, charged, demanded or collected for transportation, service, and to establish a new rate or schedule of rates in lieu thereof. Nothing contained herein shall be construed to empower the Board to approve or establish any rate, or any schedule of rates for passenger transportation service that will, by means of rebate, discount, sale of script books, excursion or commutation tickets, or in anywise, violate the minimum or maximum rate or the provisions contained in this section or any provision of law. (e) No provision of this article shall be deemed to prevent the Board upon notice and after hearing, from prescribing boundaries and establishing rates to be charged for point-to-point trips within such prescribed boundaries, subject to Paragraphs (a) and (b) above. SEC TRANSPORTATION REGULATION AND ENFORCEMENT TRUST FUND. (Added by Ord. No. 170,068, Eff. 11/18/94.) All monies collected for monetary penalties from taxicab operators, monetary penalties from individual permit holders or any other fines, penalties and bond forfeitures collected pursuant to this article shall be placed in a separate fund entitled Transportation Regulation and Enforcement Trust Fund, to be administered by the Department of Transportation. All monies paid into the fund and any interest earned thereon shall be used for Citywide regulation and enforcement, in excess of that authorized in the Department s annual budget, of this article as it relates to operators, vehicles, and drivers providing both legal and illegal ( bandit ) transportation services in the City. SEC INSPECTION OF LIMOUSINE WAYBILLS. (Added by Ord. No. 180,999, Eff. 1/7/10.) (a) The Taxicab Administrator, Chief Transportation Investigator, Senior Transportation Investigator, Transportation Investigator and any individual holding Peace Officer status with jurisdictional authority in the City, may, upon request, inspect the waybill of any charter-party carrier of passengers operating within the City for the purpose of verifying valid pre-arranged travel. As required by Part 3.01 of General Order 157-C promulgated by the California Public Utilities Commission, or any successor regulation, the waybill must include the following: (1) Name of carrier and TCP number; (2) Vehicle license plate number;

15 (3) Driver's name; (4) Name and address of person requesting or arranging the charter; (5) Time and date when charter was arranged; (6) Whether the transportation was arranged by telephone or written contract; (7) Number of persons in the charter group; (8) Name of at least one passenger in the traveling party, or identifying information about the traveling party's affiliation; and (9) Points of origination and destination. The party arranging the transportation must have exclusive use of the vehicle. (b) Any person operating a charter-party carrier of passengers within the City who, upon request by an individual authorized under Subsection (a) of this Section, fails or refuses to produce his or her waybill for inspection is guilty of an infraction punishable under this Section, as provided in Subsection (c) hereof. (c) Upon conviction of a violation charged under this Section, the person so convicted shall be punished for the first offense by a fine of $100.00; and for a second additional violation within one year of the first offense, by a fine of $ A third violation of this Section within one year shall be prosecuted as a misdemeanor. ARTICLE 2 RAILROADS AND RAILWAYS Section Trains Lights On Trains Flagman to Precede Trains Speed Clearing Crossings Railroad Connections Permits Regulation of Train Whistles Sprinkling or Oiling of Roadbed. SEC TRAINS LIGHTS ON. No person shall run, propel or operate any railroad car or train of railroad cars upon, along or across any street or across any railroad track, interurban railroad track or street railway track, during the period from one hour after sunset to one hour before sunrise, unless there is attached to such car or train on the end thereof toward the direction in which such car or train is proceeding, a bright white light visible in the direction in which such car or train is proceeding. Such light shall have a reflector equal in power to the kind usually and customarily used by car inspectors of steam railroads. This section and Section shall not apply to any car or train if a competent flagman precedes such car or train carrying a bright white light visible in the direction in which such car or train is proceeding, and shall not apply to any car or train when the same is crossing any street, any railroad track, interurban track or street railway track, if such street or track is, at the time of such crossing, protected by an interlocking device or apparatus. Municipal Corporations may enact and enforce ordinances not inconsistent with the State law requiring lights on trains. 7 McQuillen, Municipal Corporations, 768, Sec SEC TRAINS FLAGMAN TO PRECEDE. No person shall run, propel or operate any railroad car or train of railroad cars upon, along or across any street or across any railroad track, interurban railroad track or street railway track, during the period from one hour before sunrise to one hour after sunset, unless a competent flagman shall proceed in advance of such car or train or shall be upon the end thereof toward which such car or train is proceeding. This section shall not apply to any car or train if a locomotive is attached to the end thereof toward which such car or train is proceeding.

16 SEC TRAINS SPEED. a. (Amended by Ord. No. 122,281, Eff. 7/23/62.) The operator of any steam, electric, diesel or other propelled railroad train, car, or other rolling stock shall not drive, or cause or permit to be driven such train, car, or other equipment into or upon a highway or street in excess of the following speeds: (1) At a speed greater than is reasonable or prudent having due regard for the traffic on, and the surface and width of the highway; (2) At a speed which endangers the safety of persons or property; (3) At a speed greater than thirty-five (35) miles per hour when entering any highway or street grade crossing within the following described boundaries: Beginning at the intersection of the north boundary of the City of Los Angeles with the Golden State Freeway, thence southerly along said Golden State Freeway to Foothill Boulevard, thence easterly and southerly along Foothill Boulevard to Osborne Street, thence southerly along Osborne Street to Glenoaks Boulevard, thence easterly along Glenoaks Boulevard to the Los Angeles-Burbank City boundary, thence along said City boundary westerly and southerly to Riverside Drive, thence westerly along Riverside Drive to the Ventura Freeway, thence westerly along Ventura Freeway to Topanga Canyon Boulevard, thence northerly along Topanga Canyon Boulevard to Santa Susana Avenue, thence northerly along Santa Susana to the Los Angeles City boundary, thence easterly and northerly along Los Angeles City boundary to the point of beginning; (4) At a speed greater than ten (10) miles per hour whenever such a train, car or equipment is operated within the City longitudinally over the same portion of a highway or street that is also used by motor vehicles. b. The speed of any such train, car or equipment not in excess of the limits herein specified is lawful unless clearly proved to be in violation of the basic rule hereinabove in this section declared. c. The speed of any such train, car or equipment upon a highway in excess of any of the limits specified in this section is prima facie unlawful unless the defendant establishes by competent evidence that any speed in excess of said limits did not constitute a violation of the basic rule hereinabove in this section declared, at the time, place and under the conditions then existing. d. The prima facie limits referred to above are as follows: 1. Fifteen (15) miles per hour: (a) When entering any highway crossing within the district included within the following described boundaries: Beginning at the intersection of Soto Street and Huntington Drive, southerly along Soto Street to the southerly city limits; thence southerly and westerly along the city boundary to Florence Avenue, thence westerly along Florence Avenue to the west city boundary, thence northerly along the west city boundary and West Boulevard to Slauson Avenue, thence easterly on Slauson Avenue to Western Avenue, thence northerly along Western Avenue to Vernon Avenue, thence easterly along Vernon Avenue to Broadway, thence northerly along Broadway and North Broadway to Mission Road, thence northerly along Mission Road and Huntington Drive to the point of beginning. 2. Twenty-five (25) miles per hour: (a) When entering any highway crossing within the district included within the following described boundaries: Beginning at the intersection of the boundary of the City of Los Angeles with Kendall Avenue and Huntington Drive North, thence southerly and westerly along said city boundary to the intersection of said city boundary with Soto Street, thence northerly along Soto Street to Mission Road, thence southerly and westerly along Mission Road and North Broadway to the Los Angeles River, thence northerly along the Los Angeles River to North Figueroa Street, thence northerly along North Figueroa Street, Marmion Way, and Monte Vista Street to Avenue 61, thence southeasterly along Avenue 61 to Piedmont Avenue, thence northerly and easterly along Piedmont Avenue, North Figueroa Street, and Pasadena Avenue to the east city boundary, thence southerly and easterly along the city boundary to the starting point. e. The Board is hereby authorized to determine those streets and intersections at and on which movement of such train, car or equipment is hazardous or dangerous to life or property by reason of the volume of traffic upon such streets or at such intersections, or the lack of visibility of the drivers of vehicles approaching said streets or intersections, or by reason of other physical conditions likely to render any such street or intersection dangerous or hazardous to life and property. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.) The Board, after not less the five (5) days written notice of hearing to such utility company whose operation is affected, and in accordance with the provisions established by law, shall have power and authority to adopt resolutions establishing as to said streets and intersections lesser prima facie speed limits than those set forth above in this section. No such lesser prima facie speed limits and resolutions shall be effective for more than thirty (30) days unless the resolution is approved by the City Council. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.) An ordinance limiting the speed of trains with the corporate limits of a City is valid. Gillum v. Pacific Coast Ry. Co. (Wash.), 279 Pac Frazer v. Northern Pac. Ry. Co., 28 Fed. Supp. 20. But see: Cincinnati v. Lucky (Ohio), 87 N.E. 2d 894.

17 SEC CLEARING CROSSINGS. After having entered any highway crossing, any steam, diesel or gasoline-propelled railroad train, car or rolling equipment shall be so operated as to clear such crossing for longitudinal highway traffic as quickly as practicable, consistent with the speed limits prescribed by law. SEC RAILROAD CONNECTIONS PERMITS. (Amended by Ord. No. 173,301, Eff. 6/30/00, Oper. 7/1/00.) No person operating a street railroad shall construct or maintain curved tracks connecting its tracks at any street intersection with the tracks of any other street railroad operated by the same person without first obtaining a permit therefor as provided in this section. (a) Such person shall first make a written application, signed by the applicant which shall be filed with the Office of Finance and shall be accompanied by (1) Payment of Twenty-seven dollars and fifty cents ($27.50) to cover the cost incident to the applicant. (Amended by Ord. No. 137,137, Eff.9/29/78.) (2) A map or diagram showing in detail the location of the work to be done for which the application is sought, and all intersecting streets at the point of construction of the proposed work. (b) At the next regular meeting of the Council after the filing of the application, the Office of Finance shall submit the same to the Council. Before any action is taken thereon, it shall be referred to the Board for its recommendation. The Board shall proceed to inquire into the application and within thirty days after such application shall have been referred to it, or longer if allowed by the Council, shall report to the Council its recommendation relative thereto. If, in the judgment of the Board, the application should not be granted, it shall so report, stating its reasons therefor; and if, in the judgment of the Board, the application should be granted, it shall recommend the terms and conditions upon which it shall be granted. Permits shall not be granted by the Council contrary to the recommendation of the Board except upon two-thirds vote of the entire Council. (c) Each permit granted under the provisions of this section shall be granted by ordinance and not otherwise and shall be revocable at the pleasure of the Council; provided that in no event shall such permit continue for a period exceeding the unexpired term of the franchise first to expire under which street railway tracks are maintained at such street intersections; and provided further that in no event shall such permit continue for a period exceeding twenty-one years. (d) Each such connection or connecting curve constructed or maintained under permission granted shall be at all times constructed and maintained in accordance with the restrictions and limitations contained in Sec. 49 of the Civil Code of the State of California and in the ordinances of this City, and in accordance with the regulations prescribed by the Council in the ordinance granting such permission. (e) The payment of the amount required by Subsection (a) hereof shall be deposited in the Treasury to the credit of the General Expense Fund. SEC REGULATION OF TRAIN WHISTLES. It shall be unlawful and a public nuisance for any operator of a railroad train in the Mount Washington and Highland Park areas of the City of Los Angeles between the intersection of Figueroa Street and Marmion Way up to and including the area at the intersection of Figueroa and Avenue 61, to blow or otherwise activate, or permit to be blown or activated, any horn or whistle when approaching any railroad crossing at grade, protected by automatic crossing gates, EXCEPT in the case of any emergency. (Amended by Ord. No. 150,410, Eff. 1/20/78.) SEC SPRINKLING OR OILING OF ROADBED. It shall be the duty of every railroad and street railroad to so sprinkle with water, or treat with oil, or otherwise treat that part of the surface of each street occupied or used by its tracks between the rails and between the tracks and a strip two (2) feet in width on each side thereof, that dust will remain settled on said portions of such street when any train, car or rolling equipment is operated on such tracks; provided, however, that said requirement shall not apply when such streets are paved.