§ 86-2-9. Revocation or suspension of operator's permit or shared mobility device certificates.  


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  • (a)

    In response to any finding that the public safety and welfare so demands, the Director may suspend any individual numbered Shared Mobility Device Certificate(s) of a Permittee, until proof of compliance is met to the Director's satisfaction for any of the following reasons:

    (1)

    Failure to maintain the Shared Mobility Device(s) identified in the Shared Mobility Device Certificates in good order, maintenance, and repair, in accordance with Article 5 of this Chapter and industry safety standards as reasonably interpreted by the Director.

    (2)

    Failure to comply with applicable speed limitations in state and local law.

    (3)

    Failure to pay any fees required under this Chapter.

    (4)

    Failure to list Permittee contact information on each Shared Mobility Device.

    (5)

    Failure to collect any Shared Mobility Device within the applicable time period of being notified by the County.

    (b)

    In response to any finding that the public safety and welfare so demands, the Director may suspend a Permittee's Operator's Permit and authority to operate in the County, including all individual numbered Shared Mobility Device Certificates issued to the Permittee, until proof of compliance is met to the satisfaction of the Director for any of the following reasons:

    (1)

    Failure to maintain a BPOL license as required by the Fairfax County Code.

    (2)

    Failure to supply information required under this Chapter.

    (3)

    Failure to pay any fees and taxes required under this this Chapter or any other Chapter of this Code insofar as such fees and taxes relate to operation of a Shared Mobility Device business within the County.

    (4)

    Failure to maintain proper insurance required under this Chapter.

    (5)

    Discontinuance of service of the entire business of the Permittee for more than five consecutive calendar days.

    (6)

    Three or more violations by the Permittee of any of the provisions of this Chapter within a 12-month period.

    The Director's failure to suspend an individual Shared Mobility Device Certificate for any of the causes set forth in Subsection (a) of this Section will not impair the authority of the Director to suspend all certificates held by a Permittee based on such causes.

    (c)

    Written notice of any suspension pursuant to this Section will be given to the Permittee by electronic mail. Such suspension will be effective upon receipt, unless a different effective date is specified.

    (d)

    The Director, upon a determination that the Permittee is not operating the authorized Shared Mobility Devices in such a manner as to serve the public safely, reliably, adequately, or efficiently, may revoke the Permittee's authority to operate a Shared Mobility Device business in the County, including allowing a rider to originate a ride on the Shared Mobility Device in the County, and all individual numbered Shared Mobility Device Certificates issued thereunder. Such determination will be based upon the Director's consideration of evidence showing violation, by the Permittee, of one or more of the provisions of this Chapter.

    (e)

    It will be unlawful for Permittee to offer a Shared Mobility Device for hire in the County, including allowing a rider to originate a ride on the Shared Mobility Device in the County, when the Shared Mobility Device Certificate under which the Shared Mobility Device was placed in service is under suspension or revocation. If a Shared Mobility Device Certificate is suspended or revoked, a Permittee will collect the Shared Mobility Device associated with the Shared Mobility Device Certificate within a reasonable time period as determined by the Director.

    (f)

    An Operator's Permit or Shared Mobility Device Certificate that has been suspended or revoked will be returned to the Director within three business days from the effective date of the revocation or suspension. (42-19-86.)