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Miami - Dade County |
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Code of Ordinances |
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Chapter 31. VEHICLES FOR HIRE |
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Article III. PASSENGER MOTOR CARRIERS |
§ 31-111. Violations; penalties.
(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 certificate holder or driver certified by a for-hire certificate holder as provided elsewhere in this article 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 60 days of the due date for paying such fine as specified on the civil violation notice or within 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 certificate, operating permit, driver certification as provided elsewhere in this article, vehicle certification as provided 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 violations of the same section of this chapter during any 12 month period, such person's for-hire certificate, operating permit, driver certification, vehicle certification or chauffeur's registration shall be automatically revoked. If a person commits five violations of this chapter during any 12 month period, such person's for-hire certificate, operating permit, driver certification, vehicle certification or chauffeur's registration shall be suspended for a period of no less than six months or revoked. Provided however, if a person commits violations of Sections 31-103(k)(22) or 31-309(c)(1) or any combination thereof during any twelve-month period, such person's for-hire certificate, operating permit or chauffeur's registration shall be suspended for a period of up to six months or revoked. Notwithstanding any provision to the contrary, if a person commits two violations of Section 31-303(i)(23), such person's chauffeur's registration may be suspended for a period of up to six months or revoked.
(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 prior occasions within a three year period of advertising or providing for-hire transportation, driving, or operating a for-hire vehicle without having a valid, current for-hire certificate, operating permit, or chauffeur's registration as required by this chapter, shall be punishable by fines of greater than $5,000.00 but less than $10,000.00 and/or imprisonment not to exceed 45 days.
(d)
Except for civil violations, hearings 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 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 $500.00 and/or imprisonment not to exceed 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 certificate, chauffeur registration, vehicle certification, driver certification or operating permit which falsely states any material fact shall be punished by a fine of $1,000.00 and/or imprisonment in the County Jail for 30 days.
(g)
A for-hire certificate 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 for-hire certificate holder upon receipt of the above-referenced form.
(Ord. No. 81-17, § 12, 2-17-81; Ord. No. 87-11, § 2, 3-17-87; Ord. No. 92-52, § 1, 6-2-92; Ord. No. 93-77, § 2, 7-29-93; Ord. No. 94-15, § 3, 1-20-94; Ord. No. 17-30, § 1, 6-6-17)