ARTICLE IV. VEHICLE FOR HIRE DRIVER STANDARDS
30-10 Background checks.
(a) Every driver must undergo an annual background check, including a criminal background check that meets the standards in Section 30-11(a).
(1) If the applicant elects to have the city conduct the background check, the applicant shall submit the nonrefundable background check fee established by the board and as noted on the attached Schedule I with the application authorizing the city to conduct the background check prior to issuing a license.
(2) If the applicant elects to conduct the background check or have a third party conduct the background check, the applicant shall provide the city with an annual certification that the check has been conducted. The certification must be provided on a form approved by the board, in writing and under oath subject to the penalties of perjury, certifying that the standards set out below have been met and that all drivers permitted to drive under the license at issue have successfully passed the background check and are qualified to operate a vehicle for hire under Section 30-11.
(3) The background check must be completed and passed before any driver may operate a vehicle for hire in the city or at the airport.
(b) Whether conducted by the administration office or by a business licensee through a third party, the annual background check must consist of a complete criminal and motor vehicle background check performed by a company accredited by the National Association of Professional Background Screeners (NAPBS) that includes a national and local criminal record check, a vehicle record check, and a review of the Vermont sex offender registry and the National Sex Offender Public Website. The background check must cover a period of time sufficient to demonstrate that each driver meets the standards set forth in Section 30-11.
(c) All vehicle for hire licensees shall implement a zero tolerance policy on the use of drugs and alcohol that is applicable to any and all drivers, provide notice of said zero tolerance policy on its website or other advertising, and provide procedures to report complaints if passengers suspect a driver is under the influence of drugs or alcohol with said reports resulting in the immediate removal of said driver’s access to a vehicle for hire pending completion of an investigation of said complaint.
(Ord. of 2-16-16)
30-11 Requirements for lawful operation of a vehicle for hire.
(a) To legally operate a vehicle for hire in the city or at the airport, each driver must:
(1) Be twenty-one (21) years of age or older; and
(2) Hold a valid operator’s license, including any necessary endorsement; and
(3) Have at least one (1) year of driving experience; and
(4) Not have ever been convicted of homicide, manslaughter, kidnapping, or sexual assault, or is required by any governmental entity to register as a sex offender in any jurisdiction; and
(5) Not have been convicted of any of the following offenses in any jurisdiction in the past seven (7) years:
a. Operating a motor vehicle while under the influence of either drugs or alcohol;
b. Refusing to submit to an evidentiary alcohol or drug test for operating under the influence;
c. Any felony involving the sale or possession of controlled substances or narcotics;
d. Any offense involving threats, physical violence, or the use of a weapon;
e. Any felony involving theft, fraud, or dishonesty;
f. Any felony involving reckless driving, negligent operation, or leaving the scene of an accident; and
(6) Not have been convicted of more than three (3) moving motor vehicle violations within the past three (3) years and/or convicted of driving on a suspended or revoked driver’s license within the last three (3) years in any jurisdiction; and
(7) Not have any pending unresolved criminal charges which if convicted would disqualify the driver.
(b) In addition, the applicant or a third party conducting the background check shall require each driver to self-certify prior to operating a vehicle for hire in the city or at the airport that the individual:
(1) Is physically and mentally fit to safely operate a vehicle for hire;
(2) Is not under the supervision of the department of corrections or its equivalent entity in any jurisdiction due to a conviction for an offense enumerated in subsection (a)(4) or (a)(5) of this section;
(3) Is not at the time of the application subject to an active abuse prevention order or its equivalent in any jurisdiction;
(4) Has not had a taxi or vehicle for hire license or its equivalent revoked for safety-related reasons by the city or any other jurisdiction within the previous three (3) years; and
(5) Is current with all legally assessed taxes, fees or other liabilities to the city or be current on a payment plan authorized by the chief administrative officer of the city.
(c) In addition to these disqualifications, if the background check is being conducted by the administration office, subject to the right of appeal in Sections 30-4(c) and 30-35, the administration office may deny an application if it is determined that allowing the applicant to operate a vehicle for hire business in the city would jeopardize the health, safety or general welfare of the public.
(Ord. of 2-16-16)
30-12 Obligation to disclose.
(a) Any person operating a vehicle for hire business in the city and/or at the airport or is a vehicle for hire driver in the city or at the airport shall have an ongoing obligation to disclose to the administration office and, if not individually licensed, to the business licensee for which that person is operating a vehicle for hire, within five (5) business days:
(1) Any criminal charge or conviction in any jurisdiction that would result in the driver being disqualified under Section 30-11;
(2) Any motor vehicle conviction that would result in the driver being disqualified under Section 30-11;
(3) Any motor vehicle suspension or revocation in any jurisdiction; and/or
(4) Any abuse prevention order issued against him or her, or any charge or conviction of a sexual crime.
(b) Upon receipt of such a notice, the business licensee, or in the case of an individual licensee, the board, shall in a reasonable amount of time determine whether or not the incident makes the driver ineligible to operate a vehicle for hire, and if so, shall immediately suspend the driver’s authority to operate, or in the case of an individual licensee, that individual’s business license.
(c) Failure to make the disclosure required by subsection (a) of this section shall be grounds for immediate suspension of driving privileges or disallowance from accessing a TNC digital network. A business licensee’s failure to take reasonably prompt action upon receipt of notification may result in suspension or revocation of the business license.
(Ord. of 2-16-16)
30-13 Vehicle for hire driver identification.
All vehicle for hire drivers shall identify themselves to passengers prior to passengers entering the vehicle. All drivers must post a photo ID prominently in the vehicle, or alternatively, if a TNC driver, must publish their first name on the TNC’s software application or website, along with the license plate number and the make and model of the vehicle so that passengers can determine whether the driver of the vehicle for hire is in fact the person noted in the photo displayed in the vehicle or on the TNC’s application or website.
(Ord. of 2-16-16)
30-14 False impersonation of another.
It shall be unlawful for any person to falsely impersonate a vehicle for hire business licensee and/or driver. Such person shall be subject to any and all penalties set out in this chapter or otherwise available by law, and shall also be prohibited from driving for a business licensee and/or applying for or obtaining a business license under this chapter.
(Ord. of 2-16-16)