HAR §19-38.1-4. thereof

An applicant shall meet the taxi driver qualification or taxi vehicle requirement standards as required by this chapter. ( b ) At airports without a taxi management concessionaire, the following fees shall apply: ( 1 ) Taxi vehicles authorized to be used for providing taxi service at public airports that do not have a taxi management concessionaire hired by the State shall, as a condition for the issuance of a permit, be assessed the following fees,. payable to the State as applicable: (A) A monthly fee of $400 per taxi vehicle at Honolulu International Airport, or a single trip fee of $4 for each trip originating from Honolulu International Airport; (B) A monthly fee of $400 per taxi vehicle at Kahului Airport, or a single trip fee of $4 for each trip; (C ) A monthly fee of $250 per taxi vehicle at Kana International Airport at Keahole; (D) A monthly fee of $150 per taxi vehicle at Lihue Airport; (E) An annual fee of $100 per taxi vehicle at all other public airports. ( 2 ) The fees shall: (A) Be paid in advance of the period the taxi vehicle is used to provide taxi service; (B) Not be subject to proration; and ( C ) Not be non-refundable. ( c ) At airports without a management concession­ naire, the following procedures shall apply for review of suspension or termination of taxi vehicle permits or taxi driver authorization. ( 1 ) A taxi vehicle permit or taxi driver authorization, issued under this chapter may be suspended or revoked by the director for violation of this chapter. The suspension or revocation may be contested by providing notice to the director within fourteen days after receipt of a written notice of suspension or revocation that provides the reasons for the suspension or revocation and the length of the proposed suspension. Upon receipt of the 38.1-4 the dire~tpr Qr 1 ~i management concessionaire. [Eff Olil04~~( ] (Auth: HRSS261-12) (Imp: .. HRS §261-7) concessionaire. (a) service f b i d §19-38 .1-5 notice to contest, the director may appoint a hearing officer to conduct a contested case hearing and allow the presentation of evidence or testimony to contest the facts upon which the suspension or revoqation is based. If the director upholds the proposed suspension or revocation based on the hearing officer's recommendation, the.period of suspension or revocation shall begin five days following receipt of the final decision and order of the director. · (2) The taxi vehicle permit or taxi driver authori- zation may be terminated with or without cause by the director or by the taxi driver authorized to provide taxi service at a public airpor.t, upon' thirty days prior. written notice. Upon notification of termination·,·. the ·taxi vehicle decal or· driver identifica'tion badge 'shall be returned within three business days to the dire~tpr Qr 1 ~i management concessionaire. [Eff Olil04~~( ] (Auth: HRSS261-12) (Imp: .. HRS §261-7) ' §19-38.1-5 Airports with a taxi management concessionaire. (a) At airports with a taxi management concessionaire, the concessionaire shall develop an appropriate permitting system to qualify taxi drivers and taxis, in accordance with section · 19~38.1-6. (1) No taxi shall be used to provide taxi service from a public airport without·a taxi permit issued by the taxi management concessionaire. (2) No taxi driver shall· be allowed to provide taxi service from a public airport without'having ·obtained the authorization -of the taxi manage- ment concessionaire. · · · '•· · · (3) No permit or authorization shall be issued to an applicant "who is 'in arrears of payment of taxes, rent, or other charges to the state or political division or subdivision, agency, authority., commission or instrumentality thereof. An applicant shall meet the taxi driver qualification or taxi vehicle requirement standards as required by this chapter, as appropriate. 38.1-5 ( 2 ) §19-38.1-5 notice to contest, the director may appoint a hearing officer to conduct a contested case hearing and allow the presentation of evidence or testimony to contest the facts upon which the suspension or revocation is based. If the director upholds the proposed suspension or revocation based on the hearing officer's recommendation, the.period of suspension or revocation shall begin five days following receipt of the final decision and order of the director. The taxi vehicle permit or taxi driver authori­ zation may be terminated with or without cause by the director or by the taxi driver authorized to provide taxi service at a public airport, upon thirty days prior written notice. Upon notification of termination, the taxi vehicle decal or driver identification badge shall be returned within three business days to e ii6j°7 71ddi "en3gene"t. °"SSE"ionairs. (Err OCT 0 4 1997 1 (At: Hs s261-12) (Imp: • HRS §261-7) §19-38.1-5 Airports with a taxi management concessionaire. (a) At airports with a taxi management concessionaire, the concessionaire shall develop an appropriate permitting system to qualify taxi drivers and taxis, in accordance with section 19-38.1-6. (1) No taxi shall be used to provide taxi service from a public airport without a taxi permit issued by the taxi management concessionaire. (2) No taxi driver shall be allowed to provide taxi service from a public airport without having obtained the authorization of the taxi manage­ ment concessionaire. • (3) No permit or authorization shall be issued to an applicant who is in arrears of payment of taxes, rent, or other charges to the State or political division or subdivision, agency, authority, commission or instrumentality thereof. An applicant shall meet the taxi driver qualification or taxi vehicle requirement standards as required by this chapter, as appropriate. 38.1-5 to prior review a~d [Eff OCT 0 4 199 ( (Imp: HRS §261-7) ( ) §19-38.1-5 (b) At airports with a taxi management concessionaire, the taxi management concessionaire shall develop a procedure to suspend or revoke taxi vehicle permits and taxi driver authorizations for violation of this chapter in accordance with procedures established in the lease between the concessionaire and the director. (c) Taxi driver participation fees shall be subject to prior review a~d approval of the director. [Eff OCT 0 4 199 ( ] (Auth: HRS §261-12) (Imp: HRS §261-7) §19-38.1-6 Taxi driver qualification; taxi vehicle requirements. (a) No taxi driver shall be authorized to operate at a public airport without the necessary permits, licenses, approvals, qualifications, and certi- fication required by this chapter or by the· .laws of the State or any other governmental body having the juris- diction to regulate the operation of a motor vehicle or the carrying of baggage or people for hire on any vehicle iri the State. (b) With regard to qualifications, the taxi driver shall: (1) (2) (3) (4) (5) (6) Have a valid motor vehicle driver license issued by the State and evidence of having one year driving experience in the county in which the application is made; Be a citizen or aiien who has been admitted for permanent residence or who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services; Be at least 18 years of age; Not have outstanding arrest warrants or criminal convictions pending for offenses committed while driving intoxicated or recklessly; _ . Not be addicted to the use of drugs or alcohol, and shall sign a form consistent with the Drug- Free Workplace Act; Be subject to background checks or clearances ,if·required_by.Federal-Motor Carrier Safety Regulations and applicable state statutes; 38.1-6 §19-38.1-5 (b) At airports with a taxi management concessionaire, the taxi management concessionaire shall develop a procedure to suspend or revoke taxi vehicle permits and taxi driver authorizations for violation of this chapter in accordance with procedures established in the lease between the concessionaire and the director. (c) Taxi driver participation fees shall be subject to prior feview a d approval of the director. (Er± OCT (041997 (ath: Rs s261-12) (Imp: HRS §261-7) §19-38.1-6 Taxi driver qualification; taxi vehicle requirements. ( a) No taxi driver shall be authorized to operate at a public airport without the necessary permits, licenses, approvals, qualifications, and certi­ fication required by this chapter or by the laws of the state or any other governmental body having the juris­ diction to regulate the operation of a motor vehicle or the carrying of baggage or people for hire on any vehicle in the State. (b) With regard to qualifications, the taxi driver shall: (1) (2) (3) (4) ( 5 ) (6) Have a valid motor vehicle driver license issued by the State and evidence of having one year driving experience in the county in which the application is made; Be a citizen or alien who has been admitted for permanent residence or who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services; Be at least 18 years of age; Not have outstanding arrest warrants or criminal convictions pending for offenses committed while driving intoxicated or recklessly; Not be addicted to the use of drugs or alcohol, and shall sign a form consistent with the Drug­ Free Workplace Act; Be subject to background checks or clearances if required by Federal Motor Carrier Safety Regulations and applicable state statutes; 38.1-6 §19-38.1-6 (7) _· Submit a certificate from a licensed physician indicating the applicant's condition as to visual acuity and hearing ability, and shall be, in the opinion of_the. physician, free of medical·conditions·that may render the driver unfit for the safe operation of a motor vehicle; and . (8) Pass a written·examination,·to be administered by the·_ director or taxi management con- . cessionaire in the English language, covering airport taxicab operations, vehicle safety procedures, applicable department's Motor Vehicle Safety Office and Hawaii Administrative Rules, local traffic_laws, passenger courtesy and assistance procedures, public relations, and knowledge of major destinations in the county __ in which the: application 1~ made. (c) A taxi driver shall ·comply._ with instructions issued by the director regarding the taxi staging sequence to implement·an open-access taxi system per- .· to·· .. -.. , --··· -- ···· ·· · ··· · ta1.n1ng . . . _ .. . _ _ _ (1) Location of designated passenger pickup areas, taxicab stands, taxicab hold areas; . _· (2) Queuing procedure to wait their turn to pickup passengers; and (3) Circulation path.while on the airport. (d) · Any vehicle being issued a permit under this chapter shall be licensed by_-·the appropriate governmental regulatory agency, operating-in conformance with the requirements and proced~res prescribed by such agency, and at all.times display a·current·safety sticker and current evidence of licensing and registration by the applicable regulatory agency of the government. (e) ·,Taxi vehicles· shall:-~- .. · : . · . _ _ _. ( 1) ~ · Be . equipped with·· a taxicab" meter· in· accordance with the terms and conditions as set forth by the·· state · Off ice· of . Weights and Measures (the taxicab meter·must·be.mounted in a permanent manner in a position that is visible to all passengers) ; · . · · ·· · · · . .. (2). _Display in the interior·of"the taxicab the ·.·typical authorized fares to major destinations in the county;· · · · (3). :Provide a seating cap~city for at least five passengers, including the driver, and shall be in safe mechanical condition, clean and acceptable in appearance, and in damage-free condition; 38.1-7 §19-38 .1-6 (7) Submit a certificate from a licensed physician indicating the applicant's condition as to visual acuity and hearing ability, and shall be, in the opinion of the physician, free of medical conditions that may render the driver unfit for the safe operation of a motor vehicle; and ( 8 ) Pass a written examination, to be administered by the director or taxi management con­ cessionaire in the English language, covering airport taxicab operations, vehicle safety procedures, applicable department's Motor Vehicle Safety Office and Hawaii Administrative Rules, local traffic laws, passenger courtesy and assistance procedures, public relations, and knowledge of major destinations in the county in which the application is made. ( c ) A taxi driver shall comply. with instructions issued by the director regarding the taxi staging sequence to implement an open-access taxi system per­ taining to: . ••• - • ••• ( 1 ) Location of designated passenger pickup areas, taxicab stands, taxicab hold areas; (2) Queuing procedure to wait their turn to pickup passengers; and (3) Circulation path while on the airport. ( d ) Any vehicle being issued a permit under this chapter shall be licensed by the appropriate governmental regulatory agency, operating in conformance with the requirements and procedures prescribed by such agency, and at all times display a current safety sticker and current evidence of licensing and registration by the applicable regulatory agency of the government. ( e ) Taxi vehicles shall:- ( 1 ) Be equipped with a taxicab meter in accordance with the terms and conditions as set forth by the state Office of Weights and Measures (the taxicab meter must be mounted in a permanent manner in a position that is visible to all passengers) ; • • ·- • __ (2) Display in the interior of the taxicab the typical authorized fares to major destinations in the county; (3) Provide a seating capacity for at least five passengers, including the driver, and shall be in safe mechanical condition, clean and acceptable in appearance, and in damage-free condition; 38.1-7 §19-38.1-6 {4) Have an illuminated taxicab domelight mounted on the roof of the vehicle, in accordance with the county rules and regulations as applicable; (5) Comply with the rules and regulations set forth by the department's Motor Vehicle Safety Office; and ·· (6) Where required by the director, have a two-way radio with the capability to operate on the appropriate airport 'frequency to meet taxi service dispatch requirements. (f) The director may in the interest of public safety or in the interest of improving airport operations, establish additional airport procedures and requirements covering taxi driver qualifications, identification and conduct, and vehicle standards. (g) Failure to meet the established _standards for taxi driver qualification, taxi driver conduct, and vehicle requirement shall be grounds for non-issuance or revocation of the·taxi vehicle permit or taxi driver authorization. The taxi vehicle permit or driver identi- fication badge shall be returned to the issuing agency within three business d~s ~f~~h?the notice of revocation is received. [Eff · · OC l 0 4 l~~ ) (Auth: HRS §261-12) (Imp: HRS §261-7)