DRIVER'S PERMIT

Raleigh City Code pt. 12, ch. 2, art. B, div. 4

in effect

Raleigh City Code § 12-2081 REQUIRED.

Sec. 12-2081. - REQUIRED. (a) No person shall drive a taxicab within the corporate limits of the City or within a radius of one mile beyond the corporate limits in all directions unless he shall have first been issued, by the taxicab inspector, a taxicab driver's permit which is then in force and effect. An identification card shall be issued as evidence of the permit. The card shall be approximately four (4) inches by five (5) inches in size and shall contain the name and photograph of the permit holder and the permit number. It shall also bear the name of the taxicab inspector and the following words in bold type or print: "PASSENGERS—FOR YOUR PROTECTION, KEEP A RECORD OF YOUR DRIVER'S NAME AND NUMBER." (b) Each driver, while on duty, shall display his permit card in a frame in the taxicab he is driving in such a manner as to be in full view of all passengers at all times. The driver shall retain custody of it and present it, on demand, for inspection by any passenger or law enforcement officer. (Code 1959, §22-43; Ord. No. 1978-799, §8, 5-16-78)

Raleigh City Code § 12-2082 APPLICATION.

Sec. 12-2082. - APPLICATION. (a) A person may obtain a driver's permit upon meeting the qualifications required herein and by filing, in writing, with the taxicab inspector, an application, signed and sworn to by the applicant, which shall contain the following specific information: (1) The full name, age, date of birth, place of birth and address of the applicant. (2) The length of time of the applicant's residence in the City and in the State and whether or not he is a citizen of the United States. Citizens of the United States shall provide a social security card and non-citizens shall provide a current alien registration card. (3) The applicant's full personal description; including his height, weight, sex, race, color of eyes, color of hair, complexion, body and facial marks and defects, if any. (4) The applicant's physical condition including hearing and eyesight and the extent of his present and past due to intoxicating liquors, alcoholic beverages and narcotic and barbiturate drugs. The applicant will produce valid evidence that he has successfully passed a drug test prior to employment or affiliation with a taxicab/vehicle for hire company. If the applicant has failed the drug test, he is not eligible to apply for a taxicab/vehicle for hire driver's permit, for a one-year period following the drug test. (5) The applicant's previous places of employment for the five (5) years immediately preceding the date of his application for a driver's permit and his previous experience in driving taxicabs and other vehicles for hire carrying passengers. (6) The applicant's complete record of criminal citations (including those for traffic violations), arrests and convictions. a. Have no more than seven (7) accrued points for motor vehicle violations pursuant to §12-2091; six (6) during the previous three (3) years or any comparable provision of the law of another state. The taxicab inspector will review the driving records of all applicants who have eight (8) or more points on their current driving records. The issuance of a taxicab driving permit will be at the taxicab inspector's discretion based on the totality of the driving record. b. No application for a driver's permit shall be accepted from an applicant who has criminal charges pending against him at the time of application. For purposes of this subsection, pending criminal charges shall not include traffic infractions. (7) The number and date of issuance of the applicant's state driver's license. (8) The number and date of issuance of the applicant's required state license. (9) Such other information as the taxicab inspector or City Council may require. (b) Every application for a driver's permit shall be accompanied by the following attachments: (1) Full fingerprints of the applicant. (2) Four (4) front view photographs of the applicant of such sizes as specified by the Chief of Police or his designee. (3) A certificate of a physician in the City stating that the applicant is not afflicted with any disease, physical disability, hearing deficit, vision deficit, or any other physical affliction which would materially impair his ability to drive a taxicab in a safe manner and in a manner that will not endanger the health of the public. (4) A current health certificate issued by the Board of Health. (5) The sum of fifty dollars ($50.00) and an additional amount to be determined by the Chief of Police or his designee to cover the cost of the fingerprint check. Both fees are non-refundable. (6) On forms provided by the taxicab inspector: a. A testimonial from his last employer; b. A letter of introduction from his prospective employer; and c. Affidavits of his good character from two (2) reputable citizens of the City who have known him personally and have observed his conduct for one year next preceding the date of his application. (7) Each operating permit holder must require its taxicab drivers to enroll in and successfully complete within ten (10) days from the date of the issuance of the driver's permit a training course conducted by the taxicab inspector or his/her designee. All current drivers of taxicabs must be in compliance with this section within two (2) years of the effective date of this article. (c) It shall be unlawful for any applicant knowingly to make a false statement or knowingly to give false information on his application for a driver's permit. Any material false statement or false information made or given by an applicant in applying for a driver's permit shall invalidate the permit issue to such applicant. (Code 1959, §22-44; Ord. No. 1988-220, §7, 7-19-88; Ord. No. 1999-691, §§8—11, 11-16-99; Ord. No. 2002-332, § 1, 11-19-02; Ord. No. 2003-390, §3, 2-18-03; Ord. No. 2009-671, §§28—31, 11-3-09)

Raleigh City Code § 12-2083 PROBATIONARY DRIVER'S PERMIT.

Sec. 12-2083. - PROBATIONARY DRIVER'S PERMIT. After the taxicab inspector has become satisfied as to the qualifications of the applicant, as indicated on the fully completed application, and after an interview of the applicant, the taxicab inspector, in his discretion, after checking locally available information contained in the application, may issue a probationary driver's permit to the applicant, not to exceed sixty (60) days in duration, pending his receipt of an FBI report on the applicant. The taxicab inspector does reserve the authority to lengthen the probationary period if the driver's investigative results received gives the inspector cause for concern. (Code 1959, §22-45; Ord. No. 2009-671, §32, 11-3-09)

Raleigh City Code § 12-2084 EXAMINATION AND INVESTIGATION.

Sec. 12-2084. - EXAMINATION AND INVESTIGATION. (a) Each applicant for a new or renewed taxicab driver's permit may be examined orally, in writing, or both, by the taxicab inspector as to his knowledge of the provisions of this division, the traffic regulations of the State and the City, and the geography of the City. (b) It shall be the duty of the taxicab inspector to cause a thorough investigation to be made of each applicant for a new or renewed taxicab driver's permit to determine: (1) Whether or not the information stated in the original application is true. (2) Whether or not the applicant is a person meeting the qualifications required herein. (3) Whether, as to the particular applicant, there is any basis for refusing to grant or renew a taxicab driver's permit as prescribed herein. (c) The applicant is required to provide his/her fingerprints which will be submitted to State and national criminal history checks of his/her criminal record. City/County Bureau of Identification (CCBI) shall forward the applicant's fingerprints to the State Bureau of Investigation (SBI) for a search of the State's criminal history records file and the SBI shall forward a set of the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history records check in accordance with G.S. 160A-304. This information shall be kept privileged and private and shall not be a public record under G.S. Chapter 132. The receipt by the taxicab inspector of the criminal history records check shall be used solely to determine eligibility for a permit. (Code 1959, §22-46; Ord. No. 2001-44, §1, 7-17-01; Ord. No. 2009-671, §33, 11-3-09)

Raleigh City Code § 12-2085 QUALIFICATIONS.

Sec. 12-2085. - QUALIFICATIONS. The taxicab inspector shall not issue or renew a permit before appeal unless the applicant for a driver's permit shall meet the following requirements: The applicant must: (a) Be qualified for and in possession of a valid chauffeur's license issued to him by the State of North Carolina. Such license must have been issued unconditionally. A conditional license will not be deemed sufficient to comply with the provisions of this subsection. (b) Be of good health, with good eyesight and hearing, and not have any illness or disease which would materially impair his ability to drive a taxicab. (c) Any applicant who has ever been treated for any mental disorder, heart attack, epilepsy or diabetes shall have a written opinion from a physician or psychiatrist stating that the applicant is physically capable to operate a taxicab. (d) Be able to read, write and speak English, except renewals. (e) Every driver shall wear shoes and clean clothing. Short shorts, mini-skirts, or short dresses are not permitted. Also not permitted are undershirts, T-shirts, tank top shirts, or any lewd, vulgar, or inappropriate clothing. A flip-flop style sandal shoe is not permitted. (f) Not be addicted to intoxicant, alcohol or narcotic barbituric or other habit-forming drugs. (Code 1959, §22-47; Ord. No. 1999-691, §12, 11-16-99; Ord. No. 2009-671, §§34, 35, 11-3-09)

Raleigh City Code § 12-2086 REFUSAL TO ISSUE.

Sec. 12-2086. - REFUSAL TO ISSUE. The taxicab inspector shall, before appeal, refuse to grant or renew the taxicab driver's permit for any person: (a) Whose state driver's license has been revoked or suspended; provided, however, in case of a state license revocation or suspension a taxicab driver's permit may be granted or renewed at the end of the revocation or suspension period. (b) Who has accumulated over eight (8) points against his driving record (pending the discretion of the taxicab inspector's review of the totality of the applicant's driving record). (c) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of a felony; unless the conviction is for a felony drug offense in which case application may not be made for a period of ten (10) years. Persons convicted of the felonies of homicide, manslaughter, death by motor vehicle, hit and run, assault, sexual assault, robbery, blackmail, extortion, kidnapping and arson are not eligible to receive permits pursuant to this article. (d) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of any crime involving the driving of an automobile resulting in death to any person. (e) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of driving a motor vehicle while intoxicated. (f) Who, within a period of five (5) years immediately prior to the date of this application, has been convicted of a violation of any City, County, state or Federal law relating to the use, possession or sale of intoxicating liquors, alcoholic beverages, beer or wine, narcotic or barbituric or other habit-forming drugs. (g) Who, within a period of five (5) years immediately prior to the date of his application, shall have been convicted of a violation of any City, County, state or Federal law relating to prostitution or lotteries. (h) Who, within a period of five (5) years immediately prior to the date of his application, has been a habitual user of intoxicating liquors, alcoholic beverages, narcotic, barbituric or other habit-forming drugs. (i) Who is a person of such bad character or reputation that it would be clearly contrary to the public interest, safety and welfare to permit such applicant to drive a taxicab. (Code 1959, §22-48; Ord. No. 1999-691, §13, 11-16-99; Ord. No. 2009-671, §§36—38, 11-3-09)

Raleigh City Code § 12-2087 APPEAL FROM REFUSAL.

Sec. 12-2087. - APPEAL FROM REFUSAL. (a) In case of refusal by the taxicab inspector to grant a permit under this section, the applicant shall have the right to appeal, in writing, within ten (10) days of each successive administrative refusal, to the Chief of Police and then to the City Manager. (b) Within ten (10) days after the refusal of the City Manager, he may appeal, in writing, to and be heard by the Council. (c) Each written notice of appeal shall be filed with the City Clerk. (d) The scope of the administration's and the Council's review shall be limited to that of fact finding only. (e) The Council's decision on the question of granting or refusing such permit shall be final and conclusive. (f) The Council may attach conditions to any appeal it sustains. (g) After refusal by the administration or Council, the applicant shall make no new application within twenty-four (24) months from the date he submitted the original application. (h) During the pendency of any appeal from a decision of the taxicab inspector, Chief of Police or City Manager refusing to issue a driver's permit or revoking a driver's permit, it shall be unlawful for such applicant to drive a taxicab within the City or within one mile of the corporate limits thereof. (Code 1959, §22-49; Ord. No. 2009-671, §39, 11-3-09)

Raleigh City Code § 12-2088 GRANTING.

Sec. 12-2088. - GRANTING. (a) After full consideration of the application and investigation of the applicant, and upon determination that the applicant has satisfactorily complied with the conditions and requirements of this division and that the applicant is entitled to a driver's permit in the light of the provisions of this division, the taxicab inspector shall issue the applicant a driver's permit pursuant to this division in such form as he shall prescribe. (b) The issuance of a driver's permit shall be dependent upon a determination by the taxicab inspector, after a careful check of the applicant's conduct during the probationary period of the applicant, that such conduct warrants the approval of a driver's permit. (Code 1959, §22-50)

Raleigh City Code § 12-2089 CONTENTS AND EFFECT.

Sec. 12-2089. - CONTENTS AND EFFECT. (a) The driver's permit shall specify the certificate holder for whom such driver may operate a cab. The driver holding such permit shall not drive for any other certificate holder without securing a new permit from the inspector designating the new certificate holder. (b) The driver's permit shall bear a recent photograph of the driver to whom it issued and shall show the name, address, height, weight, age and expiration date of the permit. (c) Upon the issuance of a driver's permit, the permittee may drive a taxicab under its authorization for the period of time stated therein, subject to its revocation as provided in this division. (Code 1959, §22-51; Ord. No. 2009-671, §40, 11-3-09)

Raleigh City Code § 12-2090 SAFETY PERMIT.

Sec. 12-2090. - SAFETY PERMIT. The taxicab inspector shall have the authority to issue a taxicab safety permit on forms prescribed by him for periods of time not to exceed ten (10) days. The holder of such a permit shall be authorized to occupy the front seat of a taxicab while in operation, and shall observe all rules and regulations of this article while on duty. (Code 1959, §22-52)

Raleigh City Code § 12-2091 REVOCATION.

Sec. 12-2091. - REVOCATION. (a) At any time after the issuance of a permit, that Police Chief or his designee, before appeal, shall revoke the permit: (1) If he finds that the person holding the permit has made a material false statement in the application for the permit or attachments to it; (2) If he finds that the person holding the permit is not qualified for or has not been issued a state driver's license; (3) If he finds that the person holding the permit is physically or mentally incapable of operating a taxicab in a safe manner; (4) If he finds that the permit holder, while driving a taxicab is not clean in dress and person; (5) If he finds the driver has become addicted to alcohol or drugs; (6) If he finds that the State driver's license of the permit holder has been revoked; (7) If he finds that the permit holder has accumulated enough points for the taxicab inspector to review the totality of the driver's driving record (eight (8) or more points). a. The occurrence of three (3) successive violations of any section of this ordinance within a twelve (12) month period pertaining to the operation of a taxicab will result in suspension or revocation of the driver's permit for the duration of one (1) year. (8) If he finds that the person holding the permit has been convicted of or has entered a plea of guilty of nolo contendere to: a. A felony; b. A crime involving the driving of an automobile resulting in death; c. Driving a motor vehicle while intoxicated; d. A violation of any Federal or state statute relating to the use, possession, sale of intoxicating liquors, alcoholic beverages, beer or wine, narcotic, barbituric or other habit-forming drugs; e. A violation of any state or Federal statute relating to prostitution or lotteries; f. Any crime which is so offensive to the public safety or morals and/or so recent as to justify a finding that the applicant does not possess a good moral character. (9) If found after investigation and review that the permit holder has given reason to believe he/she has engaged in conduct that is detrimental to the health and safety of another person that renders the holder unfit to operate a taxicab in the City of Raleigh. (10) If found after investigation and review that the permit holder knowingly transported a passenger for the purpose of committing a crime. (b) No revocation shall become permanently effective until the person whose permit is being revoked is given reasonable notice and an opportunity to appeal, successively, to the Chief of Police, the City Manager, and to the Council, as provided in §12-2087 herein. The City Manager may affirm the action of the Chief of Police in revoking a permit; or, may make the revocation effective for a fixed period of time not to be less than thirty (30) days; or, may suspend a revocation upon condition that the revocation shall become effective if another violation of this part occurs within one (1) year from the date of the first violation. Upon revocation, a notice thereof shall be served upon the person holding the permit, who shall immediately surrender the permit. The permit shall be retained by the Police Chief or his designee pending a failure to appeal or a final decision as to revocation. (c) The Council may revoke a driver's permit for any of the reasons permitting a revocation by the Police Chief or his designee. (Code 1959, §22-53; Ord. No. 1993-146, §1, 3-16-93; Ord. No. 1999-691, §14, 11-16-99; Ord. No. 2009-671, §§36, 41—43, 11-3-09)

Raleigh City Code § 12-2092 SURRENDER, DISPLAY, LOSS, ETC., OF DRIVER'S PERMIT.

Sec. 12-2092. - SURRENDER, DISPLAY, LOSS, ETC., OF DRIVER'S PERMIT. (a) A driver's permit which has been revoked shall be immediately thereafter surrendered to the taxicab inspector. (b) In any case in which the holder of a driver's permit has lost, destroyed or mutilated his permit, he shall immediately report such facts to the taxicab inspector who shall issue a duplicate driver's permit to the permittee. A charge of one dollar ($1.00) shall be collected by the taxicab inspector for each duplicate permit issued. Beginning on January 1, 2011,, the cost of replacement of lost permit will increase to ten dollars ($10.00), and then on January 1, 2012, the amount will cap at twenty dollars ($20.00). (Code 1959, §22-54; Ord. No. 2009-671, §44, 11-3-09)

Raleigh City Code § 12-2093 EXPIRATION, RENEWAL.

Sec. 12-2093. - EXPIRATION, RENEWAL. (a) All driver's permits shall automatically expire and be null and void on the driver's birthday after two (2) years from the date of issue. (b) A driver's permit may be; renewed for successive periods of twenty-four (24) months by the taxicab inspector upon application and compliance with the same terms and conditions as are prescribed for original applications and the issuance of original driver's permits; provided, the taxicab inspector may permit the filing of an abbreviated application for renewal which shall update the information required in the original application as specified by the taxicab inspector. (c) Each renewed driver's permit shall be applied for not less than ten (10) days before the expiration of his current permit. (d) The fee of two dollars ($2.00) for the renewal of a driver's permit shall be attached to the application for renewal. Beginning on January 1, 2011,, the cost of driver's renewal fee will increase to ten dollars ($10.00), and then on January 1, 2012, the amount will cap at twenty dollars ($20.00). (Code 1959, §22-55; Ord. No. 2009-671, §§45, 46, 11-3-09)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT12LIRE_CH2BUTR_ARTBVEHI_DIV4DRPEFetched: 11/1/2026