§ 31-92. Violations; penalties.  


Latest version.
  • (a)

    In addition to any other penalties provided by law, including but not limited to those provided in this article, a violation of any applicable provision of this article by a for-hire license holder, registered passenger service company , driver certified by a for-hire license holder or passenger service company or registered chauffeur shall constitute a civil offense punishable by the applicable civil penalty as provided in the schedule of civil penalties in Section 8CC-10 of this Code. Failure of a person to pay a civil penalty within sixty (60) days of the due date for paying such fine as specified on the civil violation notice or within sixty (60) days of the date of the final outcome of any timely filed appeal of such violation notice, whichever is later, shall result in automatic suspension of such person's for-hire license, passenger service company registration, operating permit , driver certification, vehicle certification, as described elsewhere in this article and chauffeur registration and all for-hire operations shall cease until such fine is paid in full. If a person commits five (5) violations of the same section of this chapter during any twelve-month period, such person's for-hire license, passenger service company registration, operating permit , driver certification, vehicle certification or chauffeur's registration shall be automatically revoked. If a person commits five (5) violations of this chapter during any twelve-month period, such person's for-hire license, passenger service company registration, operating permit , driver certification, vehicle certification or chauffeur's registration shall be suspended for a period of no less than six (6) months or revoked. Notwithstanding any provision to the contrary: (i) if a person commits one (1) violation of Section 31-82(j)(12), 31-303(i)(4) or 31-304(10), such person's chauffeur's registration or driver certification shall automatically be suspended for a period of thirty (30) days; (ii) if a person commits a second violation of Section 31-82(j)(12), 31-303(i)(4) or 31-304(10) or any combination thereof, such person's chauffeur's registration or driver certification shall automatically be suspended for a period of sixty (60) days; and (iii) if a person commits a third violation of Section 31-82(j)(12), 31-303(i)(4) or 31-304(10) or any combination thereof, such person's chauffeur's registration or driver certification shall automatically be suspended for a period of five (5) years. Notwithstanding any provision to the contrary, if a person commits two (2) violations of Section 31-303(i)(23), such person's chauffeur's registration or driver certification shall be suspended for a period of no less than six (6) months or revoked. Notwithstanding any provision to the contrary: (i) if a person commits one (1) violation of Section 31-303(i)(7), such person's chauffeur's registration or driver certification shall automatically be suspended for a period of thirty (30) days; (ii) if a person commits a second violation of Section 31-303(i)(7), such person's chauffeur registration or driver certification shall automatically be suspended for a period of sixty (60) days; and (iii) if a person commits a third violation of Section 31-303(i)(7), such person's chauffer's registration or driver certification shall be automatically suspended for a period of five (5) years.

    (b)

    Failure to correct items recorded on a deficiency report by the time of deadline shall cause a citation to be issued for each such item. Citations shall be issued under Chapter 8CC of the Code.

    (c)

    Any person who is found guilty on at least two (2) prior occasions within a three-year period of advertising or providing for-hire transportation, passenger services, or driving or operating a for-hire vehicle without having a valid, current for-hire license, passenger service company registration, operating permit , driver certification, vehicle certification or chauffeur's registration as required by this chapter shall be punishable by fines of greater than five thousand dollars ($5,000.00) but less than ten thousand dollars ($10,000.00) and/or imprisonment not to exceed forty-five (45) days.

    (d)

    Except for civil violations, the hearings specified in subsection (c) hereof shall be within the jurisdiction of the County Court and the Clerk of the Court is hereby empowered to dispose of the case and fines assessed through the normal procedure.

    (e)

    Anyone who engages a for-hire vehicle with intent to defraud the chauffeur, certified driver or operator shall be in violation of this article and subject to a fine of five hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.

    (f)

    Any person who is found guilty of signing an application for issuance, renewal, modification, assignment, sale or transfer of a for-hire license, passenger service company registration, chauffeur registration driver certification, vehicle certification or operating permit which falsely states any material fact shall be punished by a fine of one thousand dollars ($1,000.00) and imprisonment in the County Jail for thirty (30) days.

    (g)

    A passenger service company or for-hire license holder who suspends or revokes a driver certification pursuant to this section shall notify the Department utilizing a form provided by the Department. The Department shall notify each passenger service company and for-hire license holder upon receipt of the above referenced form.

(Ord. No. 81-85, § 3, 7-21-81; Ord. No. 87-12, § 2, 3-17-87; Ord. No. 89-44, § 1, 5-23-89; Ord. No. 90-74, § 1, 7-24-90; Ord. No. 94-15, § 3, 1-20-94; Ord. No. 98-105, § 1, 7-9-98; Ord. No. 07-149, § 1, 10-2-07; Ord. No. 10-35, § 1, 6-3-10; Ord. No. 14-08, § 1, 1-29-14; Ord. No. 14-10, § 1, 1-29-14; Ord. No. 16-43, § 1, 5-3-16)