# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 53. TAXICABS.

### Article 3. Taxicab Driver Identification Cards.

#### Division 2. Issuance, Denial, Expiration, and Renewal.

**Sec. 53-304. Identification card issuance.**

  The Department must issue a taxicab driver identification card to every driver who is qualified under this Chapter.

**Sec. 53-305. Contents of card.**

  A taxicab driver identification card must contain, at a minimum, the driver’s name and photograph, the card number and expiration date, and any other information the Director reasonably requires.

**Sec. 53-306. Application; temporary card.**

  (a)   A person who holds a valid identification card must apply to a renewal card not less than 30 days before the current card expires.

  (b)   Under procedures established by regulation, a person may obtain an identification card by applying to the Director on a form provided by the Department that at a minimum requires the person to provide:

    (1)   the applicant’s name, date of birth, current address, and any address where the applicant resided during the past 5 years;

    (2)   a statement regarding whether the applicant has any criminal case pending, has ever been convicted or plead no contest or received probation before judgment in lieu of a conviction of a crime other than a non-incarcerable traffic offense; the nature of each crime, the disposition of each matter, and the name, telephone number, and address of any parole officer or probation officer or agency that may know of the offense or the proper completion of any sentence, probation, or parole;

    (3)   an authorization for a state and federal criminal background check to be conducted by the Criminal Justice Information System (CJIS) and the appropriate federal agency;

    (4)   a copy of the applicant’s fingerprints taken by the County Police Department or written confirmation that the applicant’s fingerprints were taken by another agency approved by the Department, and current photographs of the applicant of a size and character required by applicable regulation;

    (5)   a driver’s license valid in the applicant’s state of residence, and a certified copy of the applicant’s driving record for a time period as required by applicable regulation; and

    (6)   the applicant’s statement under oath that all information contained in the application is correct and complete.

  (c)

    (1)   An applicant who has not held an identification card, or who held a card that has expired, may apply for a short-term temporary identification card under applicable regulations.

    (2)   The Director must not issue a temporary identification card unless the applicant has:

      (A)   properly verified his or her identity;

      (B)   a valid driver’s license issued by Maryland or a bordering state (including the District of Columbia);

      (C)   submitted his or her driving records, as compiled by the appropriate state motor vehicle agency, for the previous three calendar years from any jurisdiction where the applicant held a license to drive a motor vehicle; and

      (D)   undergone a criminal background check, conducted by the appropriate state agency, showing that the applicant is not disqualified because of a criminal conviction, receipt of probation before judgment in lieu of a conviction, or pending criminal charge from operating a taxicab.

    (3)   The Director must not issue a temporary or annual identification card unless the applicant has shown, through a complete criminal background check, that the applicant is not disqualified for any reason mentioned in Section 53-308(a).

    (4)   Any temporary identification card issued under this subsection must differ conspicuously in style and color from the annual identification card.

    (5)   A temporary identification card expires 45 days after the card was issued.

    (6)   The holder of a temporary identification card must return it to the Department, without further proceedings, on the earlier of:

      (A)   the day the Department issues the holder an annual identification card under this Chapter;

      (B)   the 45th day after the card was issued; or

      (C)   one business day after the Department notifies the holder that the card has expired under subsection (c)(5).

    (7)   By accepting a temporary identification card, the holder by operation of law waives any cause of action against the County or any officer, employee, or agency of the County for improperly issuing a license to the holder.  By employing or leasing a taxicab to any person who holds a temporary identification card, a taxicab licensee by operation of law waives any cause of action against the County or any officer, employee, or agency of the County for improperly issuing a license to that person.

  (d)   The Director may extend the expiration date of an identification card up to 60 days if:

    (1)   the applicant has submitted all required documentation; and

    (2)   processing of required state or federal criminal background checks has been delayed through no fault of the applicant.

  (a)   Until September 1, 2007, notwithstanding the provisions of Section 53-306(c)(2)(D) and Section 53- 306(c)(3) to the contrary, the Director may issue a temporary identification card to an applicant for a taxicab driver identification card, before the Department receives the results of the state criminal background check required by Section 53-306, if:

    (1)   the applicant submitted all information necessary to process the state criminal background check required by Section 53-306 at least 10 days previously and the Department has not received the results of that background check;

    (2)   the applicant submits an initial criminal history background check, conducted within the previous 10 days by a third-party vendor approved by the Director;

    (3)   this third-party background check covers each jurisdiction in the United States where the applicant resided during the previous 5 years; and

    (4)   this third-party background check does not disclose any information that would disqualify the applicant from receiving an identification card under Section 53-309 (now Section 53-308).

  (b)   For any new passenger vehicle license issued in 2006 under County Code Section 53-205(d), as amended by Section 1 of this Act, the licensee must place the vehicle in taxi service not later than March 31, 2007.

**Sec. 53-307. Physician’s certificate.**

  (a)   Before the Director issues an identification card, other than a temporary card issued under Section 53-306(c), the applicant must furnish a physician’s certificate, issued within the previous 30 days, which certifies that:

    (1)   the applicant has been given a physical examination, including an initial tuberculosis test and any other test required by applicable regulation; and

    (2)   the applicant is free from any communicable disease, and is not subject to any physical or mental impairment that could:

      (A)   adversely affect the applicant’s ability to drive safely; or

      (B)   otherwise endanger the public health, safety, or welfare.

  (b)   As part of the renewal process, each applicant must submit another physician’s certificate containing the same information every second year.

  (c)   After issuing an identification card, the Director must require a driver to furnish a physician’s certificate, issued within 30 days, containing the same information, if the Director has reason to believe that the driver may have any physical or mental impairment that could:

    (1)   adversely affect the driver’s ability to drive safely; or

    (2)   otherwise endanger the public health, safety, or welfare.

**Sec. 53-308. Criteria to deny an identification card.**

  The Director must not issue or renew an identification card to any driver or applicant:

  (a)   who, within five years before the application is submitted, was convicted of, pled guilty or no contest to, or was placed on probation without a finding of guilt for, or who when the application is submitted, has a charge pending for, or who has, within three years before the application was submitted, completed a sentence or period of probation based on a charge for:

    (1)   any offense involving violence or a weapon;

    (2)   any sex offense;

    (3)   soliciting for prostitution;

    (4)   illegal sale or use of alcoholic beverages;

    (5)   any felony involving controlled dangerous substances;

    (6)   any offense involving driving under the influence; or

    (7)   any act of moral turpitude;

  (b)   who has a pattern of reasonably verifiable complaints of substandard customer service during the previous 24 months;

  (c)   whose driving record during the 3 years immediately before the application was submitted, demonstrates that the applicant is not a responsible, safe, or careful driver because the applicant has received more than 4 points under applicable criteria defined by the state Motor Vehicle Administration or the equivalent in another jurisdiction, or by other reasonably verifiable evidence of unsafe or dangerous driving;

  (d)   who makes a false statement or gives a false answer to obtain, or who obtains, an identification card by fraud, misrepresentation, misleading statements, evasion, or suppression of material fact;

  (e)   who is unable to safely operate a taxicab, or who may otherwise endanger the public health, safety, or welfare, or who would be unable to fulfill the duties of a driver as required by applicable regulation;

  (f)   who has substantial delinquent debts to the County, State, or Federal government; or

  (g)   whose record of violations of this Chapter or other laws or regulations of the County, State, or any other jurisdiction indicates to the Director that to protect public safety an identification card should not be issued.

  If an identification card is denied or revoked, the applicant is not eligible to reapply for 1 year, unless the Director for good cause otherwise orders.

  (a)  the maximum credit card processing charge under Section 53-218(f)(1);

  (b)  the dispute resolution requirements under Section 53-219;

  (c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and

  (d)  the minimum liability insurance requirements under Section 53-224.

  (a) Until September 1, 2007, notwithstanding the provisions of Section 53-306(c)(2)(D) and Section 53-306(c)(3) to the contrary, the Director may issue a temporary identification card to an applicant for a taxicab driver identification card, before the Department receives the results of the state criminal background check required by Section 53-306, if:

  (1) the applicant submitted all information necessary to process the state criminal background check required by Section 53-306 at least 10 days previously and the Department has not received the results of that background check;

  (2) the applicant submits an initial criminal history background check, conducted within the previous 10 days by a third-party vendor approved by the Director;

  (3) this third-party background check covers each jurisdiction in the United States where the applicant resided during the previous 5 years; and

  (4) this third-party background check does not disclose any information that would disqualify the applicant from receiving an identification card under Section 53-309 (now Section 53-308).

  (b) For any new passenger vehicle license issued in 2006 under County Code Section 53-205(d), as amended by Section 1 of this Act, the licensee must place the vehicle in taxi service not later than March 31, 2007.

**Sec. 53-309. Expiration of identification card.**

  The first identification card issued to a person under this Chapter expires one year after it is issued.  Any later identification card expires 2 years after it is issued.