SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
DIVISION: Administration, Taxis and Accessible Services
BRIEF DESCRIPTION:
Requesting the San Francisco Municipal Transportation Agency Board of Directors to adopt amendments to Transportation Code, Division II, Articles 300 and 1100 governing Motor Vehicles for Hire, to implement a revised penalty schedule for violations of Motor Vehicle for Hire regulations, to prohibit Permit Holders from making false claims for payment to the SFMTA, to prohibit Color Schemes from retaliating against Drivers who elect not to open individual merchant accounts for credit card processing, to establish procedures for issuing administrative citations for violations of the Motor Vehicle for Hire regulations, to authorize Drivers to charge a cleaning fee and to collect bridge tolls in advance of out-of-town trips, and to establish a monthly fee for Medallion operation by Color Schemes pending Medallion re-issuance following the revocation or surrender of a Medallion or the death or incapacity of a Medallion Holder.
SUMMARY:
· Taxi Services staff has reviewed the former Taxi Commission penalty schedule for Motor Vehicle for Hire regulatory violations and has revised the penalty schedule for the purpose of making penalty amounts internally consistent and appropriate to the nature and seriousness of the offense.
· Taxi Drivers should be authorized to collect a cleaning fee from customers who permanently stain or temporarily render a taxi vehicle unfit for use as a Motor Vehicle for Hire, and bridge tolls from customers in advance of out-of-town trips.
· Taxi Drivers should not face retaliation by Color Schemes if they elect not to open individual accounts for credit card payment processing.
· Taxi Services staff requires regulatory authority and established hearing procedures to issue administrative citations to individuals who are not Permit Holders but who are violating Motor Vehicle for Hire laws by operating without a permit from the SFMTA.
· The attached proposed regulations are presented for the SFMTA’s consideration and adoption as amendments to Transportation Code Division II, Articles 300 and 1100.
ENCLOSURES:
1. SFMTAB Resolution
2. Proposed Amendments to Articles 300 and 1100
APPROVALS: DATE
DIRECTOR OF DIVISION
PREPARING ITEM ______________________________________ ____________
FINANCE ___________________________________________ ____________
EXECUTIVE DIRECTOR/CEO ____________________________ ____________
SECRETARY ___________________________________________ ____________
ADOPTED RESOLUTION
BE RETURNED TO____ [begin addition] Chris Hayashi_ [end addition] ____
ASSIGNED
SFMTAB CALENDAR DATE: __________________________
PAGE 2.
PURPOSE
To implement a revised penalty schedule for violations of Motor Vehicle for Hire regulations, to prohibit Permit Holders from making false claims for payment to the SFMTA, to prohibit Color Schemes from retaliating against Drivers who elect not to open individual merchant accounts for credit card processing, to establish procedures for issuing administrative citations, to authorize Drivers to charge a cleaning fee and to collect bridge tolls in advance of out-of-town trips, and to establish a monthly fee for Medallion operation by Color Schemes pending Medallion re-issuance following the revocation or surrender of a Medallion or the death or incapacity of a Medallion Holder.
GOAL
Goal 1: Customer Focus: To provide safe, accessible, clean, environmentally sustainable service and encourage the use of auto-alternative modes through the Transit First Policy.
Objective 1.1: Improve safety and security across all modes of transportation.
Adoption of these amendments would implement an improved regulatory penalty schedule that would create appropriate incentives and disincentives to encourage compliance with regulations. The regulation of Motor Vehicles for Hire is primarily for the purpose of protecting public safety. Therefore, a penalty schedule that creates improved enforcement of and compliance with the regulations will improve the safety of Motor Vehicles for Hire as a mode of transportation.
The authorization of a cleaning fee will tend to better maintain the cleanliness of the San Francisco taxi fleet and keep vehicles in service.
The authorization for Taxi Services staff to issue administrative citations to illegal Motor Vehicle for Hire operators will provide an important enforcement tool to protect the public from dangers that may arise from prohibited conduct.
Goal 3: External Affairs/Community Relations: To improve the customer experience, community value, and enhance the image of the SFMTA, as well as ensure SFMTA is a leader in the industry.
Objective 3.1: Improve economic vitality by growing relationships with businesses, community, and stakeholder groups.
The assessment of administrative penalties is an important element of the relationship between a regulator and the industry that it regulates. A regulated industry has an interest in the fair, consistent and rational enforcement of the rules. The taxi industry has made it clear to staff that it wants the rules enforced consistently and effectively against violators, and that it does not want arbitrary or punitive enforcement against Permit Holders. Irrational, inadequate, excessive or unenforceable penalties detract from the credibility of the regulator and foster contempt for the regulations. Adoption of an improved penalty schedule will improve the credibility of the SFMTA as a rational and consistent regulator and will improve the professionalism of the industry overall.
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The authorization of a cleaning fee will also improve working conditions for Drivers and the cleanliness and availability of taxi vehicles.
The ability to assess effective penalties against for-hire vehicles that do not have SFMTA permits is responsive to the urgent and ceaseless requests of the taxi industry for effective enforcement against illegal operators.
Goal 4: Financial Capacity: To ensure financial stability and effective resource utilization.
Objective 4.1: Increase revenue by 20% or more by 2012 by improving collections and identifying new sources.
With these amendments the penalty amounts for violations of Transportation Code Article 1100 (Motor Vehicles for Hire) are clarified and can be consistently assessed. With these penalty amounts finalized, Taxi Services can order citation stock and begin issuing citations in the field and through the office as a part of its day-to-day functions. While the goal of issuing citations is to encourage regulatory compliance and not to raise revenue, it is probable that these penalties will result in significant new revenue to the SFMTA. In particular, citations issued for unlicensed operation of illegal taxis and limousines are expected to pay a significant percentage of Taxi Services’ enforcement costs.
The $5,000 administrative citation that this legislation authorizes Taxi Services staff to issue to illegal Motor Vehicle for Hire operators is expected to result in substantial revenue, which pursuant to state law must be applied to Taxi services’ enforcement costs.
DESCRIPTION
[begin addition] Addition of Administrative Enforcement of Violations [end addition]
The procedures set forth in the new Section 1123 are adopted pursuant to Government Code Section 53069.4 which authorizes local agencies to issue administrative citations and impose administrative penalties for violations of local law. The addition of the new Section 1123 to Division II of the Transportation Code establishes administrative enforcement procedures to address violations of the Motor Vehicle for Hire regulations. The imposition of administrative penalties is not intended to be punitive in nature, but is instead intended to encourage compliance with the Code and to compensate the public for the injury and damage caused by the prohibited conduct. In accordance with Government Code Section 53069.4, the new Section 1123 sets forth the procedures for (a) issuance and service of administrative citations, (b) administrative hearings, (c) imposition of administrative penalties, and (d) seeking judicial review of administrative decisions by a hearing officer.
[begin addition] Revised Penalty Schedule [end addition]
The purpose of a penalty schedule for violations of administrative requirements is not to raise revenue or to persecute Permit Holders, but to encourage appropriate behavior that is consistent with the public service and public safety goals of the regulatory agency. An enforcement strategy that is rational,
PAGE 4.
measured and consistently applied will support industry predictability, stability and respect for the rules. A penalty schedule that is not well considered, that is internally inconsistent or that is applied in a manner that is arbitrary or punitive will lead to contempt for the rules and resentment toward the regulator. With
these principles in mind, Taxi Services staff has reviewed the administrative penalty structure of the Motor
Vehicle for Hire regulations and proposes the attached amendments to the current provisions.
The proposed amendments would move the contents of Section 1123 of the Transportation Code, which is located in an Article specific to Motor Vehicles for Hire, into the Article 300 of Division II of the Transportation Code where all other SFMTA penalties and fines are located.
The current penalty schedule for Motor Vehicle for Hire regulations is inadequate for several reasons:
1. The current penalty schedule set forth in Transportation Code Division II, Section 1123 is identical to the penalty schedule that was adopted by the former Taxi Commission. In Section 1123, existing penalties for violations of Taxi Commission rules are applied to roughly corresponding sections of
the Transportation Code. The proposed amendments represent a more deliberate revision of penalty amounts based on policy considerations specific to the Transportation Code, such as clarity and consistency of penalties and the seriousness of the violation.
2. There are several violations in the rules that have no associated penalty in the current penalty schedule. Staff reviewed the regulations in preparing these amendments to ensure that a Permit Holder can be cited for a violation of the rules without confusion about whether there is a penalty and the applicable penalty amount. As one example, currently it is not clear that there is any penalty applicable to a Color Scheme that breaks the rule against allowing a Driver to drive despite having actual knowledge that a Driver is under the influence of an intoxicating substance. The proposed amendments would create a $1,000 per occurrence penalty for such conduct by a business.
3. The penalty amounts needed to be adjusted for consistency. For example, serious violations and minor violations are adjusted to ensure that they have penalties reflecting their relative importance to public safety. Penalty amounts imposed against Drivers are generally made consistent with one another and lower than the fines imposed on businesses. Likewise, penalty amounts imposed against businesses for violations were amended to be internally consistent.
[begin addition] Cleaning Fee [end addition]
Many Drivers have requested that the SFMTA authorize imposition of a cleaning fee that a Driver could charge to a customer when the customer soils the vehicle such that it is permanently stained or temporarily unfit for further use as a Motor Vehicle for Hire until it is cleaned. The amount of the fee is set at $100 for two reasons. First, according to Drivers, a high cleaning fee amount is very effective in encouraging preventative customer behavior. Second, if a Driver is not able to prevent a customer from soiling the vehicle, the customer is responsible for compensating the Driver for the fact that they have put the Driver out of work for the rest of the shift.
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[begin addition] Bridge Tolls [end addition]
The regulations are amended to clarify that if a passenger wants to go beyond the boundaries of the City and County of San Francisco, a Driver may collect bridge tolls in advance of departing to the destination. This is because when a Driver takes a passenger far from the City, the Driver faces a higher risk of loss if the passenger refuses to pay the fare at the destination.
In future amendments to the regulations staff may propose that Drivers also be authorized to collect a portion of the fare prior to departing for an out-of-town destination. However, staff would like to first develop crystal-clear guidelines on the amount that may be charged in advance under such circumstances prior to expressly authorizing Drivers to collect advance payment.
[begin addition] Individual Driver Accounts for Processing Credit Card Payments [end addition]
The universal installation of Paratransit Debit Card equipment in taxi vehicles has resulted in the ability of all Taxi Drivers to accept credit cards. Before the Paratransit Debit Card created this new ability to use credit cards in all taxis, taxi companies paid all payment processing fees even though the company does
not receive any share of the credit card payment. This system was acceptable when credit card usage was relatively low, but now that all taxis are accepting credit cards taxi companies are finding the payment of processing fees economically unsustainable. Some companies have responded by sending Drivers to third parties to cash credit card payment slips at a cost (10 percent) that is higher than normal processing costs (five percent), and some companies have asked the SFMTA to sanction company efforts to encourage Drivers to sign up for their own credit card payment processing accounts. Drivers could benefit from such individual accounts by deducting the costs as a business expense.
There is no public service or public safety reason why a Taxi Driver cannot elect to enter into an individual account for processing credit card payments instead of cashing credit card receipts through their Color Scheme. However, by establishing this regulation and the penalty for non-compliance ($1,000 per occurrence) the SFMTA intends to make it very clear to Color Schemes that any such arrangement must be voluntary and not under duress or threat of retaliation against a Driver.
The Taxi Services staff is continuing to work with companies and drivers to identify a fair and sustainable long-term solution to the issue of credit card payment processing costs. In the interim, we would like it to be very clear that Drivers may enter into such arrangements but only at their own option.
The City Attorney has reviewed this report.
ALTERNATIVES CONSIDERED
If the proposed amendments are not adopted, the current penalty schedule would remain in place. For all of the reasons listed in the Description above, staff considers the current penalty schedule to be inadequate to achieve the goal of encouraging appropriate and safe behavior in the industry. If these amendments are rejected, staff would prepare penalty schedule revisions that would be acceptable to the Board of Directors so that we could implement a rational and consistent regulatory program.
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If the proposed amendments are not adopted, Taxi Services’ staff will not have the authority to issue administrative citations to illegal Motor Vehicle for Hire operators, and staff’s ability to seek a significant potential source of enforcement revenue would be delayed until a new regulation is brought to the Board for consideration.
FUNDING IMPACT
The review and standardization of penalty amounts is one of the steps required to implement a consistent and rational enforcement strategy. As the elements for routine operation of Taxi Services fall into place
(regulations, penalties, enforcement staff, etc.) the section will begin generating some relatively stable source of revenue from these penalties. Because the purpose of penalties is not to generate revenue we do not set any revenue goals. Because these regulations and penalties are part of an all new enforcement system through the SFMTA, there is no good historical data that could be the basis for projections. However, there is no doubt that the imposition of penalties will bring a revenue stream from Motor Vehicle for Hire enforcement activity.
These fees and penalties were reviewed by the Board at it’s the public hearing conducted on March 30, 2010.
OTHER APPROVALS RECEIVED OR STILL REQUIRED
None.
RECOMMENDATION
Staff recommends that the SFMTA Board adopt the proposed amendments to Transportation Code Division II, Articles 300 and 1100.
SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
RESOLUTION No. ______________________
WHEREAS, Taxi Services staff has reviewed the former Taxi Commission penalty schedule for Motor Vehicle for Hire regulatory violations; and
WHEREAS, Staff has revised the Motor Vehicle for Hire administrative penalties for the purpose of making penalty amounts internally consistent and appropriate to the nature and seriousness of the offense; and,
WHEREAS, Authorizing Taxi Drivers to collect a cleaning fee from customers who permanently stain or temporarily render a taxi vehicle unfit for use as a Motor Vehicle for Hire will improve working conditions for Taxi Drivers and the cleanliness and availability of the taxi fleet; and
WHEREAS, Drivers should be authorized to collect applicable bridge tolls from customers in advance of out-of-town trips; and
WHEREAS, Staff requires legislative authorization to issue administrative citations and collect penalties for violations from illegal Motor Vehicle for Hire operators who do not hold SFMTA permits; now, therefore, be it
RESOLVED, The Board of Directors approves and adopts amendments to Articles 300 and 1100 of Division II of the Transportation Code, regulating Motor Vehicles for Hire.
I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of ___________________________.
______________________________________
Secretary to the Board of Directors
San Francisco Municipal Transportation Agency
[Amending Articles 300 and 1100 of Division II of the Transportation Code]
Resolution amending Articles 300 and 1100 of the Transportation Code regulating Motor vehicles for Hire.
NOTE: Additions are [begin addition] single-underline Times New Roman [end addition] ;
deletions are [begin deletion] strike-through Times New Roman [end deletion] .
The Municipal Transportation Agency Board of Directors of the City and County of San Francisco enacts the following regulations:
Section 1. Article 300 of Division II of the Transportation Code is hereby amended by adding Section 310, to read as follows:
[begin addition] Violation of any of the following subsections of the San Francisco Transportation Code governing the operation of a motor vehicle for hire shall be punishable by the administrative penalties set forth below. [end addition]
|
[begin addition] TRANSPORTATION CODE SECTION [end addition] |
[begin addition] DESCRIPTION [end addition] | [begin addition] FINE AMOUNT 1st/2nd/3rd offense [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO ALL PERMITS [end addition] | ||
| [begin addition] Div II § 1105(a)(1) [end addition] | [begin addition] Operating without a permit [end addition] | [begin addition] $5000 [end addition] |
| [begin addition] Div II 1105(a)(6) [end addition] | [begin addition] Failure to comply with laws and regulations [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II § 1105(a)(7) [end addition] | [begin addition] Failure to comply with SFMTA orders [end addition] | [begin addition] $200 per occurrence [end addition] |
| [begin addition] Div II § 1105(a)(8) [end addition] | [begin addition] False statements to SFMTA [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II § 1105(a)(9) [end addition] | [begin addition] Failure to arrange continuous operation of a permit [end addition] | [begin addition] Possible revocation [end addition] |
| [begin addition] Div II § 1105(a)(10) [end addition] | [begin addition] Accepting and/or soliciting gifts from Drivers [end addition] | [begin addition] $200/$400/$600 [end addition] |
| [begin addition] Div II 1105 (a)(8) [end addition] | [begin addition] Making false claim or request for payment or approval [end addition] | [begin addition] $500 per occurrence [end addition] |
| [begin addition] Div II § 1105(a)(13) [end addition] | [begin addition] Failure to shift change at company property [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II § 1105(a)(14) [end addition] | [begin addition] Failure to keep address current [end addition] | [begin addition] $25/$50/$100 [end addition] |
| [begin addition] Iv II 1105 (a)(17) [end addition] | [begin addition] Failure to meet Response Time Goals [end addition] | [begin addition] $50/$10/$150 [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO COLOR SCHEME PERMITS [end addition] | ||
| [begin addition] Div II § 1106(a) [end addition] | [begin addition] Operating without a Color Scheme permit [end addition] | [begin addition] $500 [end addition] |
| [begin addition] Div II § 1106(b) [end addition] | [begin addition] Failure to submit photos upon request [end addition] | [begin addition] $25/$50/$100 [end addition] |
| [begin addition] Div II § 1106(c) [end addition] | [begin addition] Failure to adhere to dispatch service rules [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II § 1106(d) [end addition] | [begin addition] Failure to maintain business premises requirements [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II § 1106(e) [end addition] | [begin addition] Failure to inform SFMTA before changing location and/or selling or transferring the business [end addition] | [begin addition] $250 per day for each day out of compliance [end addition] |
| [begin addition] Div II § 1106(f) [end addition] | [begin addition] Failure to list Color Scheme in telephone directory [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II § 1106(h) [end addition] | [begin addition] Failure to employ adequate staff [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II § 1106(i) [end addition] | [begin addition] Failure to comply with worker’s compensation laws [end addition] | [begin addition] $45 per day for each day without insurance [end addition] |
| [begin addition] Div II 1106(j) [end addition] | [begin addition] Failure to execute contract with paratransit broker [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II § 1106(k)(1) [end addition] | [begin addition] Failure to provide facility to clean vehicles [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II 1106 (k)(2) [end addition] | [begin addition] Failure to maintain properly working vehicle equipment [end addition] | [begin addition] $1000 per occurrence [end addition] |
| [begin addition] Div II 1106(k)(4) [end addition] | [begin addition] Operating unsafe vehicle/vehicle equipment [end addition] | [begin addition] $1000 per occurrence [end addition] |
| [begin addition] Div II § 1106(l)(2-7) [end addition] | [begin addition] Violations related to designation and use of spare vehicles [end addition] | [begin addition] $75/$150/$450 [end addition] |
| [begin addition] Div II 1106(l)(8) [end addition] | [begin addition] Use of a spare vehicle without a Medallion [end addition] | [begin addition] $5,000 per occurrence [end addition] |
| [begin addition] Div II § 1106(n) [end addition] | [begin addition] Failure to post required certificates and other materials [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1106(o) [end addition] | [begin addition] Failure to comply with notification procedures [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1106(p) [end addition] | [begin addition] Failure to meet obligations related to Drivers [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1106(q)(4) [end addition] | [begin addition] Color Scheme having actual knowledge that a Driver is operating under the influence of an intoxicating or controlled substance [end addition] | [begin addition] $1000 per occurrence [end addition] |
| [begin addition] Div II § 1106(r) [end addition] | [begin addition] Failure to properly handle Found Property [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1106(s) [end addition] | [begin addition] Failure to file Dissolution Plan with SFMTA [end addition] | [begin addition] $50 per day until received by SFMTA [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO DISPATCH PERMITS [end addition] | ||
| [begin addition] Div II § 1107(a) [end addition] | [begin addition] Failure to maintain an emergency plan [end addition] | [begin addition] $50 per day until received by SFMTA [end addition] |
| [begin addition] Div II § 1107(c) [end addition] | [begin addition] Failure to ensure adequate Ramp Taxi response [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1107(d) [end addition] | [begin addition] Failure to keep adequate records of service calls [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1107(e) [end addition] | [begin addition] Failure to maintain adequate communications equipment [end addition] | [begin addition] $50 per day for each day out of compliance [end addition] |
| [begin addition] Div II § 1107(f) [end addition] | [begin addition] Failure to maintain adequate staff for service calls [end addition] | [begin addition] $75 per occurrence [end addition] |
| [begin addition] Div II § 1107(g) [end addition] | [begin addition] Failure to advise customers of service delay [end addition] | [begin addition] $75 per occurrence [end addition] |
| [begin addition] Div II § 1107(h) [end addition] | [begin addition] Failure to advise customers of anticipated time of service [end addition] | [begin addition] $75 per occurrence [end addition] |
| [begin addition] Div II § 1107(i) [end addition] | [begin addition] Failure to identify service staff with unique identifier [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1107(j) [end addition] | [begin addition] Failure of service staff to identify themselves to customer [end addition] | [begin addition] $75 per occurrence [end addition] |
| [begin addition] Div II § 1107(k) [end addition] | [begin addition] Failure to dispatch requested Color Scheme to customer [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II 1107(m) [end addition] | [begin addition] Failure of Dispatch Service to be in compliance with workers compensation laws [end addition] | [begin addition] $300 for each day without insurance [end addition] |
| [begin addition] Div II 1107(n) [end addition] | [begin addition] Failure to follow lost and found procedures [end addition] | [begin addition] $75 per occurrence [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO DRIVER PERMITS [end addition] | ||
| [begin addition] Div II § 1108(a) [end addition] | [begin addition] Failure to carry, wear, or display proper identification [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(b)(3) [end addition] | [begin addition] Failure to report criminal convictions [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II 1108(b)(4)(A) [end addition] | [begin addition] Operating a Motor Vehicle For Hire while under the influence [end addition] | [begin addition] Summary suspension/ possible revocation of permit [end addition] |
| [begin addition] Div II §1108(b)(4)(B) [end addition] | [begin addition] Use, sale or possession of controlled substance [end addition] | [begin addition] $250/$400/$500 [end addition] |
| [begin addition] Div II § 1108(c) [end addition] | [begin addition] Failure to notify the SFMTA of change of Color Scheme affiliation, failure to return Driver permit after terminating Color Scheme affiliation [end addition] | [begin addition] $5 per day for each day out of compliance [end addition] |
| [begin addition] Div II § 1108(d)(2)-(3) [end addition] | [begin addition] Failure to perform duties at beginning of shift [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(d)(1) [end addition] | [begin addition] Failure to take vehicle out of service when safety equipment is inoperable [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(3), [end addition] | [begin addition] Refusal to transport person with a disability in the front seat [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II § 1108(e)(1) [end addition] | [begin addition] Refusing to convey a passenger [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II § 1108(e)(2) [end addition] | [begin addition] Refusing to transport luggage [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(4) [end addition] | [begin addition] Refusing to transport a service animal or a contained animal [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II § 1108(e)(5) [end addition] | [begin addition] Refusing to assist loading and unloading [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(6) [end addition] | [begin addition] Refusing to assist and secure a person with disabilities [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II § 1108(e)(7) [end addition] | [begin addition] Failure to accept dispatch calls [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(8) [end addition] | [begin addition] Soliciting or accepting additional passenger without prior consent of a passenger who previously engaged the vehicle [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(9) [end addition] | [begin addition] Collecting from combined passenger payments an amount in excess of the fare shown on the Taximeter when the last passenger reaches their destination [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108 (e)(10) [end addition] | [begin addition] Failure to comply with passenger request to turn down, turn off or change the channel of any audible device that is not required for safe operation of the vehicle [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(11) [end addition] | [begin addition] Using non-emergency or dispatch related communication device while passenger is in vehicle [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(12) [end addition] | [begin addition] Failure to comply with state law regarding cell phone usage in vehicles [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(14) [end addition] | [begin addition] Operating a Motor Vehicle For Hire in a reckless or dangerous manner [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II 1108(e)(15) [end addition] | [begin addition] Failure to operate in accordance with Ramp Taxi service rules [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] Div II § 1108(e)(16) [end addition] | [begin addition] Requesting gratuities or extra charges [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(17) [end addition] | [begin addition] Failure to keep required audio communication devices audible, or visual communication devices visible, to driver [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(18) [end addition] | [begin addition] Failure to inform passenger of meter and a half rates for a destination 15 miles from City limits, or 15 miles from SFO and not within City limits [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] DIV II 1108(e)(19) [end addition] | [begin addition] Failure to carry sufficient cash to be able to provide change for 20 dollars [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(20) [end addition] | [begin addition] Failure to inform passenger of toll charges at the beginning of the trip [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(22) [end addition] | [begin addition] Failure to give receipt upon request to person paying fare [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(24) [end addition] | [begin addition] Failing to return Found Property during or after shift [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(25) [end addition] | [begin addition] Keeping unsafe Taxi or Ramp Taxi in operation after discovery of safety issues [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II 1108(e)(26) [end addition] | [begin addition] Placing loose items on dashboard or rear shelf of vehicle [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(27) [end addition] | [begin addition] Failure to maintain clean trunk and/or baggage area [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(e)(29) [end addition] | [begin addition] Threatening, harassing or abusing another person [end addition] | [begin addition] Summary suspension and re-training [end addition] |
| [begin addition] Div II § 1108(e)(30) [end addition] | [begin addition] Using excessive physical force against a person [end addition] | [begin addition] $100/$150/$200 plus summary suspension and re-training [end addition] |
| [begin addition] Div II 1108(e)(31) [end addition] | [begin addition] Failure to be clean in dress and person [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(32) [end addition] | [begin addition] Failure to turn off the Taximeter when pulled over by a peace officer [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II 1108(e)(33) [end addition] | [begin addition] Burning any substance, drinking or eating while a passenger is in the vehicle [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(f)(1)-(2) [end addition] | [begin addition] Failure to perform duties at end of shift [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1108(f)(3) [end addition] | [begin addition] Failure to turn in Found Property at end of shift [end addition] | [begin addition] $50/$100/$150 [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI MEDALLIONS [end addition] | ||
| [begin addition] Div II § 1109(b) [end addition] | [begin addition] Failure to utilize Dispatch Service of affiliated Color Scheme [end addition] | [begin addition] $25/$50/$150 [end addition] |
| [begin addition] Div II § 1109(c) [end addition] | [begin addition] Failure to comply with Full-Time Driving Requirement [end addition] | [begin addition] $250 multiplied by percentage of hours short of the full time driving requirement [end addition] |
| [begin addition] CONDITIONS APPLICABLE TO RAMP TAXI MEDALLIONS [end addition] | ||
| [begin addition] Div II § 1110(a)(1) [end addition] | [begin addition] Failure to grant priority to service requests from wheelchair users [end addition] | [begin addition] $75/$150/$300 [end addition] |
| [begin addition] Div II 1110(a)(2) [end addition] | [begin addition] Accepting another fare once dispatched to a wheelchair service call [end addition] | [begin addition] $75/$150/$300 [end addition] |
| [begin addition] Div II 1110(d) [end addition] | [begin addition] Failure to ensure Drivers are qualified to operate Ramp Taxi [end addition] | [begin addition] $75/$150/$300 [end addition] |
| [begin addition] VEHICLE EQUIPMENT REQUIREMENTS [end addition] | ||
| [begin addition] Div II § 1113(a) [end addition] | [begin addition] Failure to maintain Taxis and Ramp Taxis in safe operating condition [end addition] | [begin addition] $75/$150/$300 [end addition] |
| [begin addition] Div II § 1113(b) [end addition] | [begin addition] Improper equipment placement [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(c)(1)-(2), (4)-(5) [end addition] | [begin addition] Failure to meet exterior display requirements [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(c)(3) [end addition] | [begin addition] Failure to display proper inspection certificates [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(d) [end addition] | [begin addition] Failure to meet interior display requirements [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(e) [end addition] | [begin addition] Failure to provide communication equipment [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(f) [end addition] | [begin addition] Failure to provide working Taximeter [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(h) [end addition] | [begin addition] Failure to provide emergency equipment [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(i) [end addition] | [begin addition] Improper vehicle signage [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(j) [end addition] | [begin addition] Failure to maintain vehicle lights [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(k) [end addition] | [begin addition] Failure to maintain standard vehicle equipment [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(l) [end addition] | [begin addition] Failure to maintain vehicle tires [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(m) [end addition] | [begin addition] Failure to maintain vehicle windows [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(n) [end addition] | [begin addition] Failure to maintain security cameras [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(o) [end addition] | [begin addition] Failure to maintain sanitary condition [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1113(p) [end addition] | [begin addition] Failure to meet vehicle title requirements [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II § 1113(q)-(r) [end addition] | [begin addition] Operating vehicle with excessive mileage/age [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II § 1113(s) [end addition] | [begin addition] Failure to comply with inspection rules; failure to remove vehicles from service [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II 1113(s)(7) [end addition] | [begin addition] Fraudulent conduct in connection with inspection [end addition] | [begin addition] $250 plus revocation of permit [end addition] |
| [begin addition] Div II § 1113(t) [end addition] | [begin addition] Failure to ensure safe vehicle condition [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(u) [end addition] | [begin addition] Failure to submit replacement vehicle for inspection [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II § 1113(v) [end addition] | [begin addition] Failure to provide working Ramp Taxi ramp [end addition] | [begin addition] $100/$150/$300 [end addition] |
| [begin addition] Div II § 1113(w) [end addition] | [begin addition] Failure to remove markings from vehicles prior to re-sale [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] Div II 1113(x) [end addition] | [begin addition] Placing or maintaining or causing or allowing to be placed or maintained, any advertising or promotion of cigarettes or tobacco products on any Taxi or Ramp Taxi [end addition] | [begin addition] $250 per occurrence [end addition] |
| [begin addition] RECORDS AND REPORTING REQUIREMENTS [end addition] | ||
| [begin addition] Div II § 1114(a) [end addition] | [begin addition] Failure to maintain or provide records in manner required [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1114(b)(1) [end addition] | [begin addition] Failure of Driver to provide receipts to passengers upon request [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1114(b)(2) [end addition] | [begin addition] Failure of Driver to provide badge number to passenger upon request [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1114(b)(3) [end addition] | [begin addition] Failure to maintain medical certificate [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1114(b)(4) [end addition] | [begin addition] Failure of Driver to keep Waybills as required [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] Div II § 1114(e)(1) [end addition] | [begin addition] Failure of Color Schemes to meet Waybill requirements [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1114(e)(2) [end addition] | [begin addition] Failure to properly maintain Medallion Holder files [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1114(e)(3) [end addition] | [begin addition] Failure to retain Color Scheme Identification Cards of former Drivers [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1114(e)(4) [end addition] | [begin addition] Failure to issue receipts to Drivers for payments made [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1114(e)(6) [end addition] | [begin addition] Failure to submit vehicle inventory changes [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1114(e)(7) [end addition] | [begin addition] Failure to maintain current business information [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II § 1114(e)(8) [end addition] | [begin addition] Failure to meet weekly reporting requirements [end addition] | [begin addition] $75/$150/$400 [end addition] |
| [begin addition] Div II 1114(e)(9) [end addition] | [begin addition] Failure to submit a written Emissions Reduction Plan [end addition] | [begin addition] $50 per day until received by the SFMTA [end addition] |
| [begin addition] Div II § 1114(f)(1) [end addition] | [begin addition] Failure of Dispatch Service to provide annual service report [end addition] | [begin addition] $50 per day until received by the SFMTA [end addition] |
| [begin addition] Div II § 1114(f)(2) [end addition] | [begin addition] Failure to provide reports of and receipts for Found Property [end addition] | [begin addition] $25/$50/$75 [end addition] |
| [begin addition] RATES AND CHARGES [end addition] | ||
| [begin addition] Div II 1122(b)(5) [end addition] | [begin addition] Retaliation against a Driver for electing not to open a credit card merchant account [end addition] | [begin addition] $1000 per occurence [end addition] |
| [begin addition] Div II 1122(c) [end addition] | [begin addition] Overcharging Gate Fees [end addition] | [begin addition] $500 per occurrence [end addition] |
| [begin addition] Div II § 1122(d) [end addition] | [begin addition] Overcharging a passenger for luggage [end addition] | [begin addition] $25/$50/$150 [end addition] |
SEC. 1105. GENERAL PERMIT CONDITIONS
(a) Conditions Applicable to All Permits
(1) Permits Required
No person, business, firm, partnership, association or corporation shall drive, or operate or cause to be operated any Motor Vehicle For Hire within the City, nor shall any person, business, firm, partnership, association or corporation operate any Dispatch Service or Color Scheme, without a permit issued by the SFMTA authorizing such driving or operation in accordance with this Article.
(2) Permits Held By Businesses; Taxi Medallions Held by Individuals
(A) Any permit issued to a business pursuant to this Article shall be registered in the name of and with contact information for at least one natural person who complies with all permit requirements except those that by their nature can have no application to a natural person.
(B) No Taxi or Ramp Taxi Medallion shall be issued except to a natural person and in no case to any business, firm, partnership, association or corporation, and no Medallion shall be issued to, or in the name of, more than one person.
(3) Permits a Privilege
Permits granted pursuant to this Article constitute a privilege and are not the property of the Permit Holder.
(4) Permits Not Transferable
Except as expressly provided in this Article or in permit conditions, no permit issued pursuant to this Article shall be transferable or assignable, either expressly or by operation of law.
(5) Duration of Permits
(A) Unless earlier revoked or suspended, Taxi and Ramp Taxi Medallions shall expire on the first day of July next following their issuance or renewal, and all other permits shall expire the first day of January next following their issuance or renewal.
(B) As a condition of renewal, a Permit Holder must meet the eligibility requirements required for new applicants listed in Section 1104, and may be required to sign a statement under penalty of perjury affirming eligibility for the permit.
(6) Compliance with Laws and Regulations
Every Permit Holder shall comply with, and shall ensure that their affiliated vehicles, employees, Permit Holders, lessees, Dispatch Service and Color Scheme shall comply with the provisions of this Article, the San Francisco Charter and Municipal Code, the California Vehicle Code, California Worker’s Compensation laws, the Americans with Disabilities Act, and all regulations adopted by the Oakland and San Francisco International Airports, San Francisco Department of Public Health, and any other governmental jurisdictions through which the Permit Holders traverse.
(7) Cooperation with Lawful Orders
Every Permit Holder shall cooperate with and obey any lawful request or order of a Parking Control Officer, peace officer or the Director, or his or her designee, at all times, including, but not limited to, providing upon request the Permit Holder’s name, the permit number, official identification, and any documents required by this Article to be in the Permit Holder’s possession. All Permit Holders shall respond to routine SFMTA or Police Department inquiries within 24 hours, and shall immediately respond to any SFMTA or Police Department emergency request.
(8) Cooperation with Regulatory Agencies; False Statements
Every Permit Holder shall at all times, fully cooperate with a Parking Control Officer, peace officer or the Director, or his or her designee, on all matters relating to regulatory compliance at all times, including but not limited to compliance with requests for the inspection of records. Permit Holders shall not hinder, delay or knowingly make false or misleading statements to a peace officer or to the SFMTA or withhold information on any matter relating to regulatory compliance. [begin addition] No Permit Holder shall make any false claim or false request for payment or approval to the SFMTA, its contractors or employees. [end addition]
(9) Continuous Operation Requirement; Temporary Suspension; Revocation
(A) With the exception of Non-Standard Vehicle Permit Holders and Medallion Holders who obtained their Medallion prior to June 6, 1978, all Permit Holders shall operate or arrange for the operation of their permit on each day of the year, or other dates or times during which the permit conditions require operation of the permit. Non-Standard Vehicle Permit operation shall be in accordance with the times and dates of required operation specified in the permit.
(B) Permit Holders may temporarily suspend permit operations only with the prior written approval of the SFMTA. SFMTA approval is not required in the case of bona fide emergencies, natural disasters or other similar major events beyond the control of the Permit Holder.
(C) Upon written request the SFMTA may grant permission to suspend a permit for good cause shown for a period not to exceed 90 days in a 12 month period. The SFMTA may, in its sole and absolute discretion, allow another Permit Holder to operate the permit during the period of temporary suspension if the other Permit Holder is qualified and such operation would be in the public interest. This subparagraph (C) does not suspend the application of the Full-Time Driving requirement.
(D) If a permit is not operated for a period of 15 calendar days in violation of applicable permit conditions, the SFMTA shall notify the Permit Holder that the permit will be revoked if operation of the permit is not resumed within five calendar days of the notice. If permit operation is not resumed within five days of the notice, as determined by the Permit Holder’s substantial compliance with all permit conditions, then SFMTA may immediately revoke the permit.
(E) This subsection (9)(E) does not apply to Driver Permits.
(10) Gifts and Gratuities
No Permit Holder or agent of a Permit Holder may accept or solicit gifts and/or gratuities or anything of value from any Driver, other than Gate Fees, Lease Fees, payments for goods actually received, or other payments authorized by this Article. A Permit Holder or agent of a Permit Holder shall issue a receipt for any payment received from a Driver.
(11) Lease of Taxi and Ramp Taxi Medallions
Reserved.
(12) Participation in Paratransit Program
Each Color Scheme, Dispatch Service, Medallion Holder and Driver meeting the qualifications established by the SFMTA must participate in and shall at all times operate subject to and in compliance with the regulations of the SFMTA's Paratransit Program.
(13) Shift Change at Color Scheme Required for All Vehicles; Unattended Vehicles
All Permit Holders shall ensure that taxi vehicles which they operate begin and end all shifts at the Color Scheme’s place of business, except with the prior written approval of the SFMTA. When a vehicle is not being operated for hire, the Permit Holder shall either leave the vehicle at the Color Scheme’s place of business or make a written request for SFMTA approval of an alternative location that is off the public street and sidewalk. No Taxi vehicle may be left unattended on a public street for more than four hours.
(14) Current Address Required; Emergency Contact Notification
All Permit Holders shall keep contact information current with the SFMTA. All Medallion Holders and Drivers shall keep contact information current with their Color Schemes. Every natural person who holds a permit from the SFMTA pursuant to this Article shall give written notice to the SFMTA within ten days of any change of residence address, and shall accept mail at the address provided to the SFMTA. Color Scheme and Dispatch Service changes of address are subject to the prior written approval of the SFMTA. No Permit Holder may use a post office box as a current address.
(15) Service of Process
All Permit Holders agree to accept service of process, official notices, and correspondence (“service of process”) from the SFMTA as a condition of retaining a permit. Color Schemes must accept service of process from the SFMTA on behalf of any Permit Holder affiliated with that Color Scheme.
(16) Payments Due
No permit shall be issued or renewed until the applicant has paid all fines, fees, taxes, liens, judgments or other debts owing to the City.
(17) Response Time Goals
All Permit Holders shall make best efforts to comply with Response Time Goals at all times.
Section 3. Article 1100 of Division II of the Transportation Code is hereby amended by amending Section 1106, to read as follows:
SEC. 1106. CONDITIONS APPLICABLE TO COLOR SCHEME PERMITS
In addition to all other conditions applicable to a Color Scheme Permit, each Color Scheme Permit Holder shall meet the following requirements and performance standards:
(a) Rights of Color Scheme Permit Holder; Permit Required
A Color Scheme Permit entitles the Permit Holder to operate a business that provides taxi service using vehicles painted with trade dress authorized by the permit and unique to that business. Any major change in trade dress colors of a Color Scheme Permit Holder shall require a permit application requesting the issuance of a new Color Scheme Permit. Minor changes in trade dress may be approved by SFMTA without a new permit application. SFMTA shall determine, in its sole discretion, whether a requested change of trade dress is major or minor. No person shall operate a Color Scheme business without a valid permit from the SFMTA.
Upon request, the Color Scheme Permit Holder shall provide to SFMTA electronic, high-resolution copies of color photographs of the front, sides and rear of each make and model of Taxi and Ramp Taxi vehicle affiliated with the Color Scheme.
Each Color Scheme shall ensure that all Medallion Holders affiliated with that Color Scheme utilize the same Dispatch Service utilized by the Color Scheme. A Color Scheme must obtain the prior written approval of the SFMTA before changing Dispatch Services. A Color Scheme request for change of Dispatch Service shall be approved unless the Color Scheme or the Dispatch Service have been declared ineligible for new affiliations based on a finding, following a hearing, that the Color Scheme or the Dispatch Service has continuing permit violations or a pattern of repeated permit violations that affect the quantity or quality of taxi service to the public or which threaten public health and safety. Upon such finding by a hearing officer, the Permit Holder regarding which the finding was made may not undertake any new affiliations until the ongoing violations listed in the hearing officer’s findings are cured.
(d) Principal Place of Business
All Color Schemes shall maintain a principal place of business within the City, which must be staffed by at least one person Monday through Friday from 9:00 A.M. to 5:00 P.M., excepting federal holidays. Every Color Scheme must have the capacity to send and receive faxes and email messages at all times, and the fax number and email address must be provided to the SFMTA.
(e) Change of Business Location; Transfer of Color Scheme Permits
A Color Scheme must obtain the prior written approval of the SFMTA before changing its principal place of business, selling or otherwise transferring the business. Prior to approving a transfer of a Color Scheme Permit the SFMTA shall conduct an investigation to ensure that the proposed transferee meets all requirements of this Article. For the purpose of this subsection, the transfer of a business means the transfer of 50% or more of an ownership interest in the business to a person or entity that does not already hold an ownership interest in the business as of June 19, 2009.
Every Color Scheme shall subscribe to a telephone service and publish the name of the business, the Color Scheme Permit number and the telephone number to which requests for service and inquiries about Found Property may be addressed in the Yellow Pages section of the San Francisco telephone directory. The published telephone number shall not be used for the conduct of any business enterprise other than the business of the Color Scheme. If a change occurs in the name of the company or telephone number under which taxi service is provided the Color Scheme shall promptly request to change the listing in the Yellow Pages section of the San Francisco telephone directory. During those times when the current listing in the Yellow Pages section of the San Francisco telephone directory is incorrect or when a new listing cannot be made until the next printed copy is published, the Color Scheme shall maintain a current listing, including the name of the company and telephone number, with the San Francisco directory assistance (411) and the City's 311 system.
(1) All Color Schemes shall designate a natural person as a manager who shall serve as the central point of contact for all matters of regulatory compliance. This manager shall be an individual who has not had Motor Vehicle for Hire Permit issued by the SFMTA suspended or revoked in the past five years, except as otherwise approved in writing by the SFMTA. A Color Scheme may designate additional managers for specialized matters subject to the prior written approval of the SFMTA.
(2) The designated manager of a Color Scheme shall be the agent for service of process for the Color Scheme.
(3) Designation of a manager for purposes of this subsection 1106(g)(3) does not qualify the manager as Key Personnel for the Color Scheme.
Every Color Scheme shall employ some combination of qualified staff, contracted services and/or automated devices adequate to perform at least the following functions and provide the following capabilities:
(1) Receive and dispatch requests for service in a timely fashion.
(2) Receive inquiries about Found Property on a 24-hour basis.
(3) Receive and respond to communications and information requests from the SFMTA.
(4) Document and track all Found Property and turn it over to the Color Scheme’s Dispatch Service for processing.
(5) Comply with all state laws regarding Found Property.
(i) Workers' Compensation Requirements
Color Scheme Permit Holders shall comply with all applicable state laws and regulations concerning Workers' Compensation.
(j) Participation in Paratransit Program
Color Schemes qualifying for the Paratransit Program must execute a contract with the Paratransit Broker defining the rights and obligations of the parties. Thereafter, each such Color Scheme shall operate at all times subject to the rules and regulations of the Paratransit Program, and every contract entered into between a participating Color Scheme and a Driver affiliated with that Color Scheme shall require the Driver to operate at all times subject to the rules and regulations of the Paratransit Program.
(k) Vehicle Maintenance and Cleaning
(1) Every Color Scheme shall provide Drivers free access to a facility that is adequate to thoroughly wash all affiliated vehicles and that is in compliance with all applicable laws and regulations, including but not limited to environmental and zoning requirements.
(2) When a Color Scheme receives notice of a problem with the equipment of a vehicle affiliated with that Color Scheme, the Color Scheme and the Medallion Holder are jointly and severally responsible for compliance with all of the following requirements:
(A) Ensuring that all equipment on the vehicle that is required by this Article is working properly, including but not limited to Ramp Taxi ramps, wheelchair securements and In-Taxi Equipment.
(B) Taking out of service and repairing any vehicle immediately if the failure of any equipment presents a safety issue, if communications equipment is not in working order, or if the Taximeter seal (paper, wire, etc.) is broken, removed, destroyed, marred or otherwise tampered with.
(3) The Color Scheme with which a vehicle is affiliated and the Medallion Holder are jointly and severally responsible for complying with any written order issued by the San Francisco Department of Public Health that relates to a Motor Vehicle For Hire.
(4) When a Color Scheme receives notice from a Driver assigned to a Taxi or Ramp Taxi vehicle that any equipment in or on that vehicle is unsafe, the Color Scheme is required to promptly provide the Driver with another Taxi or Ramp Taxi vehicle that is in compliance with this Article.
(1) Taxis or Ramp Taxis that are taken out of service must either return to service within 30 days or be permanently replaced by another vehicle, except as otherwise approved by SFMTA.
(2) A spare vehicle may operate with a Medallion borrowed from a Taxi or Ramp Taxi. Spare vehicles shall only be used to replace temporarily disabled Taxi or Ramp Taxi vehicles. During any time a spare vehicle is operating, the Taxi or Ramp Taxi it is replacing shall be available for inspection by the SFMTA.
(3) During any time a spare vehicle is in operation as a Motor Vehicle For Hire, the Taxi or Ramp Taxi it is replacing shall be available for inspection by the SFMTA.
(4) Color Schemes with which one or more Ramp Taxis are affiliated shall maintain at least one Ramp Taxi spare vehicle for every three spare non-Ramp Taxi vehicles. If three or fewer Ramp Taxi Medallions are affiliated with a Color Scheme, only one Ramp Taxi Medallion may be used in a spare Taxi vehicle at any time. For each additional three Ramp Taxi Medallions, or any fraction thereof, affiliated with a Color Scheme, an additional Ramp Taxi Medallion may be used in a spare Taxi.
(5) Each Color Scheme shall be issued a series of “spare numbers” at the ratio of one spare number for every five vehicles operating at that Color Scheme.
(6) All spare vehicles shall be kept at the Color Scheme’s place of business or other location approved by SFMTA when not in actual use with a Medallion.
(7) Once a vehicle is designated as a spare, it may not be re-introduced to the fleet except by approval of the SFMTA. All spare vehicles must be owned by the Color Scheme and shall be registered and insured as required by all applicable law.
(8) Color Schemes may not lease a spare vehicle, whether on a per-shift, weekly, monthly, or other basis, unless such vehicle is using a Medallion which is not in use in any other vehicle. Any Color Scheme found to be violating this Section shall be deemed to be operating a vehicle without a permit.
(m) Reduced Emissions by Color Scheme
Beginning on June 1, 2011, each Color Scheme Permit Holder shall maintain average per vehicle greenhouse gas emissions at a level set by the Department of the Environment to achieve the goal of a 20% reduction in taxi fleet greenhouse gas emissions from 1990 levels by the year 2012. For the purpose of this requirement, Ramp Taxis shall not be included in calculation of the Color Scheme's average per vehicle greenhouse gas emissions.
(n) Information Required to be Posted
All Color Schemes shall post the following information at their place of business in a place where it is easily visible to Drivers and Color Scheme employees:
(1) Certificate of Worker's Compensation
A copy of a current and valid Certificate of Worker’s Compensation Insurance and information about how to file a claim.
(2) Gate Fees
The amounts charged for Gate Fees including the amount charged for each available shift over the seven days of the week.
(3) Information Provided by SFMTA
From time to time, other industry-related printed matter provided by the SFMTA. The SFMTA may require a Color Scheme to distribute designated materials to each Driver, including the requirement that the Color Scheme obtain written acknowledgments of receipt, within a time period specified by SFMTA.
(1) Color Schemes must notify the SFMTA of any injury accident involving any Taxi or Ramp Taxi affiliated with the Color Scheme within 24 hours of the accident.
(2) Color Schemes must notify the SFMTA in advance of any change in the name, address or telephone number under which taxi service is provided by the Color Scheme. A change of name or address require the prior approval of the SFMTA.
(3) Color Schemes have an affirmative obligation to report to the SFMTA any actual knowledge that a Driver is engaged in the sale, use, or possession of drugs or alcohol in a Taxi or Ramp Taxi vehicle.
(4) Color Schemes must notify the SFMTA when Found Property is returned to its owner.
(5) Death of Driver or Medallion Holder
Upon receiving notice of the
death of a Driver or Medallion Holder affiliated with or employed by a Color
Scheme, the Color Scheme must notify the SFMTA within 14 calendar days of
receipt of the notice of the death. If the deceased was a Medallion Holder,
then the Color Scheme must return the Medallion within 14 calendar days of
notice to the SFMTA. The SFMTA, may, in its discretion, extend the deadline
for return of the Medallion to the SFMTA if it determines that the Medallion
could not be promptly re-issued to an applicant on the Waiting List, and that
such an extension would be in the public interest. During any such period of
extension [begin addition] , in lieu of making [end addition] [begin deletion] any [end deletion] medallion lease payments [begin deletion] made by the Color Scheme [end deletion] to
the former Medallion Holder [begin addition] , [end addition]
[begin deletion] shall be paid to the SFMTA [end deletion]
[begin addition] the Color Scheme shall pay to
the SFMTA a monthly fee of $1900 beginning [end addition] as of the 15th day
following the notice of death and until such date as the SFMTA requires the
return of the Medallion.
(p) Color Scheme Obligations Related To Drivers
(1) Each Color Scheme shall ensure that every Driver starts and ends each shift at the Color Scheme’s principal place of business, except with the prior written approval of the SFMTA.
(2) Each Color Scheme shall ensure that every affiliated Driver holds a valid A-Card, and shall not allow any Driver to operate a vehicle affiliated with the Color Scheme if the Driver does not have a valid California drivers’ license or a valid A-Card.
(3) A Color Scheme shall not charge an applicant for a Driver Permit for the statement of affiliation required by Section 1103(c)(1)(F).
(4) A Color Scheme shall issue receipts for payments received from any Driver for fuel, Gate Fees, Lease Fees or other payments.
(5) Medical Certification of Drivers
Every Color Scheme shall ensure that all affiliated Drivers undergo any medical examination required by the SFMTA in accordance with SFMTA requirements.
(6) A Color Scheme shall not charge a Driver for any merchant account processing fees for fares paid by credit card.
(q) Controlled Substance Testing Program; Controlled Substances
(1) Reserved: Controlled Substance Testing Program.
(2) A Color Scheme having actual knowledge that a Driver has tested positive for a controlled substance as defined in 40 Code of Federal Regulations Title 49 shall not permit the Driver to operate a Taxi or Ramp Taxi until such time as the Driver has tested negative.
(3) Color Schemes shall maintain drug- and alcohol-free workplaces.
(4) No Color Scheme having actual knowledge that a Driver has used and is currently under the influence of a intoxicating or controlled substance, as defined in 21 Code of Federal Regulations Section 1308.01 et seq., shall permit that Driver to operate or continue to operate a Taxi or Ramp Taxi.
(1) Color Scheme Permit Holders shall take reasonable measures to attempt to return Found Property to its rightful owner in a timely fashion. If the owner cannot be found, the property shall be held for safekeeping for a period of not less than 120 days. A receipt shall be issued to the Driver for each item turned in.
(2) If the Found Property is currency, is of the value of $100 or more, is either a serialized item or an electronic device or contains owners identification information, within 30 calendar days the Color Scheme Permit Holder or the designee shall transfer the property to the Taxi Detail, make a Police Report, and obtain both Police Incident Report Number and a receipt of the items processed.
(3) Color Scheme Permit Holders shall advise passengers claiming to have lost property of value in a taxicab, to make a lost property police report if their property has not been found. Color Schemes shall not inform customers to call 311 to report or recover Found Property.
Any Color Scheme that will be terminating its business operations as a Color Scheme and surrendering its permit shall file a dissolution plan with the SFMTA at least 30 days prior to the date that the Color Scheme anticipates that it will cease to respond to requests for taxi service. The dissolution plan shall include but not be limited to plans for the disposition of records and preservation of Waybills and Driver Rosters, Driver and Medallion Holder files and Leases, handling Found Property, notifying the public of the termination in service and contact information for future inquiries.
Section 4. Article 1100 of Division II of the Transportation Code is hereby amended by amending Section 1122, to read as follows:
SEC. 1122. FEES, RATES AND CHARGES
(a) Beginning in calendar year 2010 and at least every other calendar year thereafter the SFMTA Board shall hold a hearing to determine, in its sole discretion, whether the rates of fare and cap on gate fees then in effect should be increased, decreased or remain unchanged.
(b) Taxi Fares
(1) The fare for Taxis and Ramp Taxis shall be as follows: $3.10 for the first fifth of a mile or "flag"; $0.45 for each additional fifth of a mile or fraction thereof; $0.45 for each one minute of waiting or traffic delay time.
(2) Out-of-Town Trips
[begin addition] Drivers are authorized to collect 150
percent of the metered rate for [end addition] out-of-town trips exceeding
15 miles beyond City limits. [begin deletion] ,
the fare will be 150 percent of the metered rate; for [end deletion] [begin addition] For [end addition] trips exceeding 15
miles from San Francisco International Airport and not terminating within the
City limits of San Francisco, the fare will be 150 percent of the metered rate
except for those trips [begin deletion] from [end deletion]
[begin addition] originating at the [end addition] San
Francisco International Airport [begin deletion] traversing
through San Francisco going to Marin County or to the East Bay [end deletion] [begin addition] with a destination across the Golden
Gate or Bay Bridges [end addition] the 15-mile limit will apply from the City
limits of San Francisco as set forth above. For taxicab trips originating at
San Francisco International Airport that incur an airport trip fee, the taxicab
driver may collect $2.00 of that trip fee from the passenger upon receipt of
cab fare from the passenger.
[begin addition] (3) Bridge Tolls [end addition]
[begin addition] Drivers are authorized to collect bridge tolls in advance from passengers whose destination requires the crossing of a toll bridge, regardless of the direction in which the toll is collected. [end addition]
[begin addition] (4) Cleaning Fee [end addition]
[begin addition] Drivers are authorized to collect a cleaning fee of up to $100 from any passenger who permanently stains the interior of the vehicle or who renders the vehicle temporarily unfit for for-hire passengers because of spillage of any substance such that the vehicle must be taken out of service and cleaned. [end addition]
[begin addition] (5) Credit Card Processing Fees [end addition]
[begin addition] A Driver may elect to establish his or her own account for credit card charge processing services. No Color Scheme may retaliate against a Driver for electing not to establish his or her own credit card processing account. [end addition]
(1) Cap on Gate Fees
The mean gate fee charged drivers by a taxicab company may not exceed $96.50 for a shift of 10 hours or longer. The cap shall be prorated at $9.65 per hour for shifts shorter than 10 hours. The mean gate fee shall be determined by adding together the gate fees charged by the company for all available shifts during one week and dividing that total by the number of available shifts during the week.
(2) Gate Fee Surcharge For Low Emission Vehicles
Notwithstanding subsection 1122(c)(1), a Color Scheme may collect a surcharge of $7.50 on any gate fee charged for use of a low emission vehicle, subject to the requirements of this subsection. The surcharge shall be for a shift of ten hours or longer, and shall be prorated at $0.75 per hour for shifts shorter than ten hours. The surcharge shall be in addition to the company's basic gate fee and any other surcharges, increases, or adjustments to the gate fee cap authorized by the City, and may be collected for the life of the vehicle.
(3) Definition of "Low Emission Vehicle." For purposes of this Section, "low emission vehicle" means a Taxi or Ramp Taxi approved by the SFMTA that is rated as SULEV (Super Ultra Low Emission Vehicle) or better by the California Air Resources Board. "Low emission vehicle" shall also include a vehicle that is rated as ULEV (Ultra Low Emission Vehicle) if that vehicle was approved by the Taxi Commission and placed into service as a San Francisco Taxi or Ramp Taxi prior to March 1, 2009.
A Driver is entitled to charge an additional amount not to exceed $1 for each piece of luggage that cannot be conveyed either in the passenger compartment of the vehicle or in the vehicle's trunk with the trunk-lid closed. Each passenger shall be entitled to have conveyed without charge such valise or small package as can be conveniently carried within the vehicle. Other than the charges authorized by this subsection, no charge shall be made by the driver for loading or unloading baggage.
During any period of emergency, strike or other impairment or lack of municipal railway transportation declared by the Mayor and affecting the entire City or any part thereof, Drivers of Motor Vehicles for Hire shall accept passengers traveling in the same general direction, though each passenger or passengers may have differing points of pickup or discharge. At each stop for the pickup or discharge of a passenger or passengers, a Driver may collect, or tabulate for later collection at the passenger's point of discharge, the pro-rata share of the amount due as indicated by the meter, and said meter shall then be reset. The rates shall be those set forth in Section 1122(b).
(f) Deduction for Time While Disabled
In the event that a taxicab breaks down while conveying for hire any passenger or passengers, the Driver may not charge any passenger for the time during which the vehicle is disabled.
Section 5. Article 1100 of Division II of the Transportation Code is hereby amended by deleting Section 1123 in its entirety and replacing it with the following:
Sec. 1123. [begin addition] ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS [end addition]
[begin addition] (a) Whenever the Taxi Section determines that a violation of this Article has occurred, the Taxi Section may issue and serve a citation on any person or entity responsible for the violation. [end addition]
[begin addition] (b) Issuance and Service of Citations [end addition]
[begin addition] (1) Whenever the Taxi Services Section determines that a provision of this Article has been violated and determines to pursue administrative enforcement of the violation pursuant to this Section 1123, the Taxi Services Section shall issue to the responsible person or entity a citation: [end addition]
[begin addition] (A) imposing an administrative penalty; [end addition]
[begin addition] (B) ordering the responsible person or entity to appear at a hearing and show cause why an administrative penalty should not be imposed; and/or [end addition]
[begin addition] (C) ordering a Permit Holder to appear for re-training. Such citation shall be served on the person or entity responsible for the violation. [end addition]
[begin addition] (2) The citation shall include the following information: [end addition]
[begin addition] (A) The name of the person or entity to whom the citation is issued; [end addition]
[begin addition] (B) Identification of the section or sections of this Article violated; [end addition]
[begin addition] (C) A description of the condition or circumstances constituting the violation(s), including the date and, where applicable, the address or location of the violation; [end addition]
[begin addition] (D) At least one of the following statements: [end addition]
[begin addition] (i) The administrative penalty to be imposed for each violation and the procedure for requesting an administrative hearing on the alleged violation(s); [end addition]
[begin addition] (ii) An order setting a time and place of a hearing at which the responsible party is ordered to appear and show cause why an administrative penalty should not be imposed for the violation(s) specified in the citation; or [end addition]
[begin addition] (iii) The time and date of re-training for which a Permit Holder is ordered to appear; and [end addition]
[begin addition] (E) The signature of the citing member of the Taxi Services Section. [end addition]
[begin addition] (c) Administrative Hearing [end addition]
[begin addition] (1) Any person appealing the issuance of an administrative citation issued under subsection (b)(2)(D)(i) may request a hearing in accordance with the procedure set forth in Section 1116(b)(2). [end addition]
[begin addition] (2) Administrative hearings held pursuant to subsection (b)(2)(D)(ii) an order in the citation shall be scheduled no sooner than 30 calendar days after the issuance of the citation. [end addition]
[begin addition] (3) All administrative hearings under this Section 1123 shall be conducted in accordance with Sections 1116 and 1118. [end addition]
[begin addition] (d) Penalties [end addition]
[begin addition] (1) Administrative penalties imposed for violations of Article 1100 of Division II of the Transportation Code shall be consistent with Section 310 of Division II of the Transportation Code. [end addition]
[begin addition] (2) The penalties and methods of enforcement set forth in this Section are in addition to any other penalties or methods of enforcement authorized by law. [end addition]
[begin addition] (e) Requirement to Exhaust Administrative Remedies [end addition]
[begin addition] The failure of the person or entity cited to follow the procedures set forth in subsection (c) shall constitute a failure to exhaust administrative remedies and shall preclude the person cited from asserting standing for judicial review of the validity of the citation. [end addition]
[begin addition] (f) Right to Judicial Review [end addition]
[begin addition] Any person aggrieved by the action of a hearing officer taken pursuant to this Section 1123 may obtain review of the administrative decision by filing a petition for review in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. [end addition]
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
Mariam Morley
Deputy City Attorney
I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of .
Secretary to the Board of Directors
San Francisco Municipal Transportation Agency