§ 31-115. Special provisions.

(a)

A passenger motor carrier that has the exclusive right to provide demand ground transportation services at Miami International Airport or the Port of Miami under a contract with Miami-Dade County shall comply with the requirements of this article. Notwithstanding the foregoing, a passenger motor carrier who has the exclusive right to provide demand ground transportation services at Miami International Airport under a contract with Miami-Dade County shall comply with the requirements of this article commencing with the expiration of the contract in place on the effective date of this ordinance. Notwithstanding anything to the contrary in this chapter, the following subsections shall not apply to a passenger motor carrier who has the exclusive right to provide demand ground transportation services at Miami International Airport or the Port of Miami under a contract with Miami-Dade County when providing exclusive demand service under the terms of said contract: 31-102 (jj), 31-103(j)(22) and (24), and 31-107 (e).

(b)

The provisions of this article shall be the exclusive regulations applicable to the provision of and operation of passenger motor carrier transportation services in Miami-Dade County. Notwithstanding the provisions of any municipal ordinance, resolution or agreement to the contrary, from and after the effective date of this article, no municipality shall authorize, establish, change, alter, amend, or otherwise regulate passenger motor carrier transportation in Miami-Dade County. Regulations established by this article shall be uniform throughout Miami-Dade County both in the incorporated and unincorporated areas without regard to municipal boundaries. All municipal ordinances or resolutions to the contrary are hereby superseded and rescinded.

(c)

Temporary passenger motor carrier certificates. Notwithstanding any other provision of this chapter, the County Mayor may prescribe rules and regulations for the approval and issuance of temporary passenger motor carrier certificates for Super Bowls, summits, political conventions and other major special events of national or international significance, such as nationally televised awards shows, where the event's organizers can demonstrate that the existing supply of passenger motor carriers is not adequate to meet the needs of the event.

(d)

Existing holders of special operations and charter certificates of transportation, on the effective date of this ordinance, shall receive a replacement certificate of transportation for contract or general tours and transport as directed by the DTPW.

(e)

Upon renewal and/or upon request by the DTPW, a contract service provider shall be required to submit copies of written contract(s) for the pre-arranged transportation provided by same.

(f)

Driver Certification. In lieu of obtaining a chauffeur's registration pursuant to Article V of this chapter, a certificate holder shall have the option to authorize a person to operate a passenger motor carrier vehicle upon the streets of Miami-Dade County only upon certification by the passenger motor carrier certificate holder that the individual has met the requirements of this chapter, and has conducted or caused to be conducted a local, state, and national criminal background check through a department-approved agency. The background check shall include a social security trace, a review of all criminal records in all Florida counties in which the background check conducted in accordance with this chapter reveals that the individual has ever committed a crime, as well as a review of all criminal records in any county where the individual has resided in the last seven years. Any search conducted pursuant to this section shall include a review of federal court records through the Public Access to Court Electronic Records ("PACER") system, NATCRIM or similar multistate and multijurisdictional criminal databases, state and national sex offender databases, and driving history research report.

(1)

In order to be authorized as a certified driver, an individual shall submit an application to the certificate holder that includes, at a minimum, information regarding his or her address, age, driver's license and driving history.

(2)

In addition to screening a prospective driver in accordance with the criteria set forth in Article V, a certificate holder may not authorize an individual to operate if the background check required under this section reveals that the individual has been convicted, within the last 3 years, of more than 3 moving violations or driving on a suspended, revoked, or invalid license.

(3)

Prior to authorizing any individual to operate pursuant to this provision, a certificate holder shall issue to that individual a credential, which provides the name of the certified driver, the date the credential was issued, the date that the credential will expire and a photograph of the certified driver.

(4)

A driver certification credential issued pursuant to this section shall be valid for no more than one year.

(5)

At all times when operating a passenger motor carrier vehicle, a certified driver shall display in such vehicle the driver certification credential issued by the certificate holder and make this credential available for inspection by the DTPW or any authorized code enforcement officer or other person at all times while operating a passenger motor carrier vehicle.

(6)

Upon receipt of information that an individual no longer meets the requirements of this chapter, the certificate holder shall immediately revoke the credential issued to the driver and notify the individual that he or she is no longer authorized to operate a passenger motor carrier vehicle.

(7)

It shall be unlawful for a passenger motor carrier certificate holder to authorize a person to drive on the streets of Miami-Dade County or issue a credential to any individual who does not meet the requirements of this section.

(8)

A passenger motor carrier certificate holder may not authorize any individual pursuant to this article who was denied a chauffeur's registration by the Department within one year of the date of denial.

(9)

A certified driver shall comply with all requirements applicable to chauffeurs and shall be subject to all of the penalties provided for in this article and in Section 8CC-10.

(10)

A passenger motor carrier certificate holder that certifies its drivers pursuant to this section shall notify the DTPW promptly if it begins using a multistate or multijurisdictional database that is different than the database it utilized when it obtained a certificate. If the DTPW determines that the new database does not comply with this article the for hire certificate holder shall, upon notice, immediately cease using that database to authorize drivers and may only resume authorizing drivers if it utilizes the database that it used when it obtained a certificate or obtains the DTPW approval to use a new database.

(g)

Vehicle Certification. In lieu of obtaining a vehicle inspection decal issued by DTPW after passing the required vehicle inspection at the DTPW inspection facility, a passenger motor carrier certificate holder shall have the option to certify that such vehicles comply with the requirements of this article. Before any vehicle may be operated under the authority of such certificate and issued a vehicle operating permit by the DTPW, the passenger motor carrier certificate holder shall ensure that such vehicle has a safety inspection conducted by an American Advanced Technicians Institute ("AATI") or National Institute for Automotive Service Excellence ("ASE") certified master mechanic or automobile technician at a licensed or state-registered auto repair shop and that proof of inspection for each such vehicle, in the form required by the DTPW, has been submitted to the passenger motor carrier certificate holder and is available for inspection with the passenger motor carrier certificate holder and in the vehicle.

(1)

The certificate holder shall maintain records of all vehicle inspections for at least three years and provide proof of such inspections upon request by the DTPW or any code enforcement officer.

(2)

Upon request by the DTPW or any other person authorized by the Director, a chauffeur or certified driver shall provide documentation demonstrating that the passenger motor carrier vehicle has been inspected pursuant to this section.

(3)

It shall be unlawful for a passenger motor carrier certificate holder to permit or to allow a vehicle to operate on the streets of Miami-Dade County which has not been certified in accordance with the provisions of this article.

(4)

Any mechanic or technician who provides false information on an inspection form required pursuant to this section shall not be allowed to certify additional passenger motor carriers or other for-hire vehicles to be operated in Miami-Dade County. A passenger motor carrier certificate holder, where applicable, that fails or does not follow the requirements of this section is subject to revocation or suspension of its certificate pursuant to Section 31-112. The DTPW shall periodically distribute its list of prohibited mechanics to all passenger service companies. Any inspection conducted by a prohibited mechanic shall be deemed invalid.

(Ord. No. 81-17, § 16, 2-17-81; Ord. No. 81-46, § 1, 4-19-81; Ord. No. 85-20, § 2, 4-16-85; Ord. No. 87-11, § 2, 3-17-87; Ord. No. 90-78, § 1, 7-24-90; Ord. No. 93-116, § 1, 11-3-93; Ord. No. 93-117, § 1, 11-3-93; Ord. No. 11-11, § 1, 3-1-11; Ord. No. 11-102, § 1, 12-19-11; Ord. No. 17-30, § 1, 6-6-17)