ARTICLE XI. ENFORCEMENT

30-33 Monitoring of public safety requirements.

The administration office shall establish a vehicle for hire monitoring and compliance system that, on an ongoing basis, monitors and investigates drivers and vehicles for hire operating in the city and at the airport where there is reasonable suspicion that a driver is violating:

(a)    State inspection and safety standard requirements;

(b)    Vehicle identification and decal requirements;

(c)    Driver photo and identification requirements; and

(d)    Passenger bill of rights posting requirements.

(Ord. of 2-16-16)

30-34 Suspensions and revocations.

(a)    Each licensee, including any TNC, shall automatically suspend the driving privileges of any driver and/or disallow access to the TNC network if the administration office or the board provides the licensee with credible evidence indicating that:

(1)    The driver failed any portion of an administration office vehicle and driver monitoring check more than one (1) time in a calendar year;

(2)    The driver’s operator’s license has been suspended or revoked for any reason;

(3)    The driver is convicted of an offense that under Section 30-11(a) would have disqualified the driver;

(4)    The driver has been charged with a criminal offense that under Section 30-11(a) would disqualify the driver if the driver is convicted of the offense; or

(5)    The driver has engaged in conduct that poses an immediate and serious risk to the public’s peace and safety.

(b)    The city shall automatically suspend the driving privilege of any driver working for a vehicle for hire company for which the city has conducted the background checks:

(1)    Who fails any portion of an administration office monitoring check more than one (1) time in a calendar year;

(2)    Whose state operator’s license has been suspended or revoked for any reason;

(3)    Who is convicted of or charged with an offense under Section 30-11(a);

(4)    Who knowingly and materially fails to comply with the certification, audit, records, reporting or other provisions of this chapter;

(5)    Who, according to credible information from local, state, or national law enforcement or other source, has engaged in conduct that poses an immediate and serious risk to the public’s peace and safety; or

(c)    Each licensee shall immediately remove from service any vehicle that is not covered by the liability insurance policy required under Section 30-18. A TNC shall not allow a TNC driver to accept trip requests through the TNC’s digital platform unless the vehicle that the TNC driver will use to provide TNC arranged rides is covered by the liability insurance policy required under Section 30-18.

(d)    The city shall automatically suspend the license of any licensee who knowingly failed to suspend the driving privileges of a driver as required in subsection (a) of this section.

(e)    The city shall automatically suspend the license of any licensee upon proof from an insurance carrier that the liability insurance required under Section 30-18 has lapsed or been cancelled.

(f)    If the city automatically suspends a license under any of the provisions above, the licensee shall be notified in writing immediately that the license has been suspended, effective upon the actual notice to the licensee or three (3) days after the date on the notice of suspension; whichever is sooner. The notice shall set forth the reasons for the immediate suspension and the date for a hearing before the board.

(g)    A licensee’s business license or a driver’s privilege to drive for a licensee may be suspended or revoked by the board for any other cause or violation of this chapter only after notice and hearing. The licensee shall be notified in writing of the alleged violations, the intention to suspend or revoke the license(s), and the date for hearing before the board.

(h)    A license may be suspended if the licensee is found to have knowingly violated this chapter three (3) or more times within a twelve (12) month period and the violations resulted in fines or suspensions of a driver operating for that licensee within a twelve (12) month period.

(i)    Any suspended license shall be returned to the administration office within three (3) business days of said suspension.

(Ord. of 2-16-16)

30-35 Appeals—Notice and opportunity for a hearing.

(a)    Except as expressly provided in this chapter, no licensee may be fined or license revoked or suspended without prior notice to the licensee, and after an opportunity for a hearing before the board.

(b)    Unexcused failure of an applicant or licensee to appear at the hearing shall be deemed a waiver of the rights to said hearing.

(c)    At any hearing, the applicant or licensee shall be entitled to be represented by counsel, to summon witnesses on its own behalf, to cross-examine those witnesses who testify, and to present evidence. The complainant, if any, shall also be notified of the hearing and given the opportunity to be heard.

(d)    The board may agree to settle the case prior to a final decision. After a final decision, the board may hear a motion for reconsideration at its discretion.

(e)    All violations shall be determined based upon a preponderance of evidence standard. All hearings shall be conducted with substantial fairness, and strict adherence to the rules of evidence shall not be required. Hearsay evidence may be admissible.

(f)    All hearings shall be held within thirty (30) calendar days of delivery to licensee of the notice unless the board grants a continuance for good cause.

(Ord. of 2-16-16)

30-36 Removal and impoundment.

(a)    Removal and impoundment. The board or police shall have authority to remove and impound any unauthorized vehicle for hire, including one being operated that has been ordered out of service, or any vehicle being operated by any unauthorized person. A vehicle impounded in accordance with this subsection shall be done so in accordance with due process of law and then removed to a designated facility as determined by the board. A fine of up to eight hundred dollars ($800.00), as determined by the board, shall be due from the registered owner of the vehicle.

(b)    Notice of impoundment. Within three (3) business days of removal and impoundment, the administration office or its designee shall provide written notice of impoundment to the registered owner of the vehicle. The notice shall state the grounds for removal and impoundment, the identity of the vehicle and the designated secured facility to which the vehicle was or will be taken.

(c)    Vehicle impoundment hearing.

(1)    The chair of the board or the chair’s designee shall serve as the vehicle impoundment hearing officer and hear vehicle impoundment cases pursuant to this chapter. After a hearing, the hearing officer shall issue a written order of release or an order for further impoundment of the vehicle stating the grounds for the order.

(2)    The registered owner of the vehicle may admit the violation and pay the fine, plus any applicable towing and storage fees or make a written request for a vehicle impoundment hearing before the vehicle impoundment hearing officer within five (5) business days of the notice of impoundment. The vehicle impoundment hearing officer shall conduct the hearing within five (5) business days of receipt of the request or as soon as practicable thereafter. All interested persons shall be given reasonable opportunity to be heard at the vehicle impoundment hearing.

(3)    The formal rules of evidence will not apply at the hearing, and hearsay evidence may be admissible.

(4)    If, after the hearing, the vehicle impoundment hearing officer determines that the vehicle is not subject to impoundment under subsection (a) of this section, the vehicle impoundment hearing officer shall order the immediate release and return of the vehicle with no fines, towing fees or costs due to the city.

(5)    If, after the hearing, the vehicle impoundment hearing officer determines that the vehicle is subject to impoundment under subsection (a) of this section, the vehicle impoundment hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the registered owner admits the violation(s) and pays in full any towing and storage fees plus the fine(s).

(6)    The registered owner may seek relief in any court of competent jurisdiction as provided by the laws of the state of Vermont. Except where ordered otherwise by that court, the vehicle will continue to be impounded unless the registered owner posts with the administration office a cash bond in the amount of the maximum fine(s) owed plus any applicable towing and storage fees.

Any additional costs associated with the impoundment of the vehicle, including reasonable attorney’s fees, will be the responsibility of the registered owner if the hearing officer’s decision is upheld.

(7)    If the registered owner does not obtain the vehicle by the date specified in the order of release or order for further impoundment, he or she shall be responsible for any further storage fees, and payment of such fees must be made before the release of the vehicle.

(d)    Default hearing. If the registered owner fails to appear for the vehicle impoundment hearing or does not assert an interest in the impounded vehicle, a default hearing will be held. The vehicle impoundment hearing officer shall make a determination pursuant to subsection (c) of this section. The administration office will inform the registered owner of the default determination by certified mail, return receipt requested. The registered owner may comply with the default determination within seven (7) business days of such mailing or move to vacate such default determination. In the event that such default determination is vacated, the respondent shall be entitled to a full hearing. Such hearing shall be scheduled within ten (10) business days of the order vacating the default determination or as soon as practicable thereafter.

(e)    Abandoned vehicles.

(1)    If the registered owner does not assert an interest in the impounded vehicle by removing it from storage within the time periods specified in subsection (e)(2) of this section, the vehicle shall be deemed abandoned.

(2)    A vehicle shall be deemed abandoned, pursuant to subsection (e)(1) of this section, if a registered owner:

a.    Has not taken possession of the vehicle within fifteen (15) days of obtaining an order of release pursuant to subsection (c)(3) or (4) of this section; or

b.    Has not paid the fines assessed pursuant to this chapter, if any, and towing and storage fees within fifteen (15) days of a hearing determination of continued impoundment pursuant to subsection (c)(4) of this section, or within fifteen (15) days after notice of a default determination was mailed to the registered owner pursuant to subsection (d) of this section; or

c.    Has not paid the fines assessed pursuant to this chapter, if any, and towing and storage fees within fifteen (15) days of denial of a motion to vacate a default determination pursuant to subsection (d) of this section.

(f)    In the event that a vehicle has been deemed abandoned pursuant to subsections (e)(1) and (2) of this section, the administration office shall by certified mail, return receipt requested, notify the registered owner that the vehicle has been deemed an abandoned vehicle and that the city shall seek title to the vehicle from the state of Vermont pursuant to 23 V.S.A. § 2153.

(g)    Upon receiving title to the vehicle from the state, the vehicle shall be sold. The registered owner or lienholder may claim the vehicle at any time before the sale of the vehicle by paying the towing and storage fees due and any fine(s).

(Ord. of 2-16-16)

30-37 Penalties.

(a)    For any violation of this chapter, the board, after notice and hearing, may impose any of the following penalties:

(1)    The board may place legal conditions on a license that it deems necessary to ensure adherence to the requirements of this chapter and ensure the public’s safety and welfare.

(2)    In addition to, or instead of, suspension of a license, the board may impose a fine of up to eight hundred dollars ($800.00) per day for each knowing violation of this chapter.

(3)    In addition to any fines or conditions, the board may impose a suspension of up to ninety (90) days for violations of this chapter.

(4)    Where there is sufficient evidence that continued licensing would undermine the vehicle for hire industry and/or would pose serious risk to public safety and welfare, the board may revoke a license. A licensee may not apply for a new license for a minimum period of three (3) years from the date of revocation.

(5)    The board or police may remove or impound any unauthorized vehicle for hire, including one being operated that has been ordered out of service, or any vehicle being operated by any unauthorized person. A vehicle impounded in accordance with this subsection shall be done so in accordance with due process of law and then removed to a designated facility as determined by the board and a fine of up to eight hundred dollars ($800.00), as determined by the board, shall be due from the registered owner of the vehicle.

(b)    The city may take any appropriate action to enjoin or abate any violation of this chapter. In addition to the penalties set forth herein, the city shall recover its costs of enforcement, including reasonable attorney’s fees and costs associated with enjoining or abating said violation(s).

(Ord. of 2-16-16)