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Taxicab Operator Permits
A recent article in the Gaston Gazette featured details about changes in the permit application that is required of taxicab operators. The article contained interviews with several drivers that did not feel that they were going to be able to comply with the new permit application and feared they would be out of a job. Although taxicabs are not used as heavily in Gastonia as they are in larger cities, for many resident's in the West District this may be their only means of transportation. Our first impression form the article was one of doom and gloom. Fewer cabs meant fewer choices for residents regarding transportation. Then there is the issue about going out for a few drinks. With all of the new establishments in the downtown area that serve alcohol wouldn't the city want cabs available? The lack of cabs could mean the lack of business for these establishments.
It all didn't really make sense to us so we started digging. Many of the inaccuracies are quotes from the drivers interviewed but some are just incorrect reporting. One inaccuracy is about drivers being required to obtain a business license. The article states that the provision has been verbally waived. However, the application has a checklist that that clearly states in writing on page 2; This privilege tax is paid by the taxicab company per vehicle not per driver. If you are a taxicab owner and a taxicab driver, you must provide a copy of the business license. If you are a driver only, you do not need to provide a copy of the business license. Rather, the taxicab company for which you dive is responsible for obtaining the business license by paying the privilege tax for the number of cabs the company owns. Every business has to obtain a license so why shouldn't cab companies? This isn't an earth shattering change.
Several drivers complained about the application itself but when we reviewed it we did not necessarily think there was anything out of the ordinary. One driver was concerned about having to provide a criminal history since he was sixteen. The application only says it must be provided, no where does it specify that you will not be granted a permit if there is anything on your record. This stipulation is for the safety of the public and should be implemented on other permits as well if it hasn't been already. Another complaint was regarding redundancy on the form and the phrase "of country" was supposed to be repeated several times. We have read the entire document and could not find that phrase anywhere.
There was a complaint was about obtaining a birth certificate. One driver stated his birth was recorded in a family Bible and therefore he did not have a birth certificate. We called the register of deeds office and discovered that there is a one page form for these situations and that it cost $10.00 and can be processed that day. Not really that difficult and certainly not anything that would keep someone from getting their permit.
All in all, we have come to the decision that the article titled "Gastonia cabbies cry foul over police changes to permitting process" was in fact just foul. No injustice and certainly nothing to get upset about. Perhaps the changes could have been explained a little better before they were implemented but the deadline was extended to allow more time for the new documents required so we see no harm.
You can can read Mr. Ashe's comments to our inquiry about this issue below:
At its June 2, 2009 meeting, City Council specifically directed the Police Chief to implement a more thorough and uniformly applied application process so that taxi cab operators would not receive permits if they were not eligible. The revised application process requires the applicants to provide sufficient information and documentation such that the Taxicab Administrator can determine whether the applicant is eligible for a permit under the applicable City Code provisions.
Video coverage of Council's directives can be found at:
http://www.cogvideo.net/06-02-09/main.php
And the Minutes of the Meeting at:
http://www.cityofgastonia.com/elect_office/citycouncil/minutes_agendas/CityCouncil-2009-Minutes-June2.pdf
Some of the news coverage pertaining to that hearing can be found at:
http://www.gastongazette.com/news/okocha-34551-webster-gastonia.html
Every City policy implemented does not, and as a practical matter could not, go back to City Council for review. In this instance, Police Department staff felt the directives of the City Council on June 2, 2009 were reasonably clear enough that the matter did not need to be revisited by Council. The policies have been revised by the Police Attorney with input from me as City Attorney, as well as the Police Chief and the Sergeants who have to deal with the taxi companies. The City Manager was briefed as to the privilege license fees, Driver/Operator fees and application fees to be charged.
The Gazette reporter who wrote this most recent piece was not here at the time of the 2009 hearing, and I find her slant on individuals not being able to procure birth certificates (there's a process for that at the Register of Deeds even if you were born at home) or produce valid proof of their legal right to be in this country (if a non-citizen) to be disingenuous and unbelievable.
Also, we asked if any notice had been sent to the taxicab companies or drivers:
The short answer is no.
Sgt. Dobbins advises that Police staff started working on the new policy around the first of March. It was not finalized until some time in May. The police chief signed off on the policy and it officially went into effect on June 18. It was a few days after the 18th before anyone picked up a new application. When some of the drivers expressed concern over not being able to complete the application process before the June 30th expiration date of their permits, it was decided to give them an extension. Police staff wanted to allow a sufficient time to obtain records from the SBI and the NCDMV. Each of the agencies has about a 10 day turnaround on records requests. To allow plenty of time the decision was made to temporarily extend all valid cab permits until August 15. Sgt. Dobbins set up a meeting for July 8th and notified all the cab companies to let their employees know about the meeting. The purpose of this meeting was to go over the new application process and address any concerns and answer questions. 14 people attended the meeting.
Police staff feel they have given the applicants ample time to gather the newly required documentation. They have also tried to advise and assist the drivers with the application process.
Ash Smith
L. Ashley Smith
City Attorney
Gastonia, NC
To read the Gaston Gazette Article click HERE.
To view the new permit application click HERE.
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