41-2097. Livery vehicles, taxis and limousines; criminal background checks; vehicle safety records; zero-tolerance policy; drug and alcohol use by driver; passenger complaints
(L15, Ch. 235, sec. 10. Eff. until 7/1/16)
A. An owner of a livery vehicle, taxi or limousine licensed through the department shall have available for inspection at all times by the department written evidence of a criminal background check conducted for any driver operating a livery vehicle, taxi or limousine for the owner, whether as an employee or lessee. The criminal background check shall be completed before the driver is engaged as an employee or lessee.
B. An owner of a livery vehicle, taxi or limousine licensed through the department shall require that all of the owner's taxis, livery vehicles or limousines used to provide passenger transportation meet state vehicle safety and emissions standards for private vehicles and shall require the taxis, livery vehicles or limousines to have, at a minimum, an annual brake and tire inspection that is performed by a qualified party. The owner shall maintain vehicle safety and emissions inspection records for at least two years and make the records available to the department on request.
C. An owner of a taxi, livery vehicle or limousine shall implement a zero-tolerance policy on the use of drugs and alcohol while a taxi, livery vehicle or limousine driver is providing passenger transportation or is available to provide passenger transportation. The owner of a taxi, livery vehicle or limousine shall provide notice of this policy on its website or in the taxi, livery vehicle or limousine, including procedures to file a complaint about a driver with whom a passenger was matched and who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the passenger transportation.
D. On receipt of a passenger complaint alleging a violation of the zero-tolerance policy, the owner of the taxi, livery vehicle or limousine shall do both of the following:
1. Immediately suspend the taxi, livery vehicle or limousine driver's access to the owner's taxi, livery vehicle or limousine.
2. Conduct an investigation into the filed complaint. The suspension shall last the duration of the investigation.
E. If the taxi, livery vehicle or limousine owner's investigation confirms that the driver has violated the policy required by subsection C of this section, the owner shall permanently prohibit the driver's access to the owner's taxi, livery vehicle or limousine. The owner of a taxi, livery vehicle or limousine shall maintain enforcement records for at least two years after the date a passenger complaint is received by the owner and make the records available to the department on request.
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