§ 76-49. Suspension and revocation of charitable non-profit vehicle permits and driver's certificates.

(a)

Suspension. The director may suspend the vehicle permit or driver's certificate issued under this article for a period not to exceed 90 days if, following a hearing held in accordance with section 76-53, he finds that:

(1)

A vehicle permit holder or the holder of a driver's certificate issued under this article has violated any provision of this code or any regulation properly issued by the director; or

(2)

A vehicle permit holder under this article has failed to satisfy, within 30 days, any final judgment upon which execution has been lawfully issued against such person for damages on account of bodily injury, including death, or damage to property resulting from the ownership, maintenance, use or operation of any charitable non-profit transportation vehicle; or

(3)

A vehicle permit holder under this article has employed or permitted an agent or employee to hire or employ or contract with any person not holding a valid driver's certificate issued under the provisions of this code and has permitted such person to operate a charitable non-profit transportation vehicle for hire upon the streets of the city; or

(4)

The holder of a driver's certificate issued under this article has been convicted of a violation of any municipal ordinance or state law prohibiting hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving, or of any offense whereby his or her acts or omissions caused bodily injury to his or her passengers or the public in the operation of a vehicle pursuant to this code.

(b)

Revocation. The director may revoke any vehicle permit or driver's certificate if, following a hearing held in accordance with section 76-53, he finds that:

(1)

A vehicle permit holder or the holder of a driver's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (4) of this section within a 12-month period or has operated or allowed another to operate under his or her suspended vehicle permit or driver's certificate; or

(2)

A driver's certificate or one or more vehicle permits were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in section 76-48 on the application therefor; or

(3)

The holder of a driver's certificate issued under this article has been convicted of committing a felony or any crime against a passenger of a vehicle operated pursuant to this code.

(c)

Issuance of a new vehicle permit or driver's certificate after suspension or revocation. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver's certificate holder while his vehicle permit or driver's certificate is under suspension. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver's certificate holder for a 12-month period following revocation of his vehicle permit or driver's certificate.

(Ord. No. 170460 , § 1, 7-13-17)

Editor's note

Ord. No. 170460 , § 1, adopted July 13, 2017, amended the Code by repealing former § 76-49, and adding a new § 76-49. Former § 76-49 pertained to charitable non-profit transportation vehicle permits, and derived from Ord. No. 150203 , adopted April 9, 2015.