Rules and Regulations Relating to Taxicabs (Rule 17)

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Rule 17.3 Moral Character of Applicant. Each applicant for a new permit or a renewal of an existing permit shall obtain a criminal abstract from the Office of the Attorney General,Hawaii Criminal Justice Data Center, and a traffic abstract from the Traffic Violations Bureau of the District Court and shall present these documents to the Director of Finance prior to the issuance of a permit. The date of the criminal and traffic abstract shall not be more than thirty days before issuance of the taxicab driver's permit. The application for an initial permit or for a renewal of a permit shall be denied if: (1) The applicant has a criminal conviction involving offenses against the person or property of another, including: theft, assault,kidnapping,manslaughter,murder,negligent homicide,reckless endangering,robbery, or larceny(2nd degree); any criminal conviction involving offenses that are sex related, including: displaying indecent matter, indecent exposure, open lewdness,promoting pornography,prostitution or promoting prostitution, rape, sexual abuse, or sodomy; criminal convictions involving offenses that are drug related, including: promoting a dangerous drug,promoting a detrimental drug,promoting a harmful drug, or promoting an intoxicating compound; criminal convictions involving traffic violations while operating a moving vehicle, including: driving under the influence of an intoxicant, driving under the influence of drugs, or heedless and careless driving while operating a vehicle. (2) The applicant has conviction/fines for any major traffic offense, including: driving under the influence of intoxicating liquor, driving under the influence of drugs, operating a vehicle under the influence of an intoxicant,heedless and careless driving while operating a vehicle,reckless driving,racing on highways, speeding in school zone or construction area, or excessive speeding. (3) The applicant has been convicted of repeated minor traffic offenses, including all moving violations not listed above and any regulatory violations,within the past year. (4) The applicant has been convicted of or fined for a violation of any county, state or federal law relating to the use,possession, or sale of alcoholic beverages or substances regulated by the State Controlled Substance Act; or (5) The applicant has demonstrated through past relevant work performance and contacts with people, insufficient emotional stability to effectively operate a taxicab and deal with the public. The Director may use discretion,to deny an application for a permit if a criminal offense has occurred which is determined to be detrimental to public safety. The Director may grant a permit despite the presence of one or more of the factors enumerated in subsections 1, 2,4 and 5 above if the Director concludes that the applicant has established to the Director's satisfaction that the behavior evidenced by such factor is not likely to reoccur, or is remote in time, or occurred under circumstances which diminish the seriousness of the factor as it relates to the purposes of this Rule.