SEC. 1102.    DEFINITIONS 

For purposes of this Article the following words and phrases shall have the meanings set forth below:

[begin insertion] (a) [end insertion]            [begin insertion] "Chief of Police [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean the Chief of Police of the Police Department of the City and County of San Francisco and his or her designee(s) within the Police Department. [end insertion]

[begin insertion] (b) [end insertion] [begin deletion] [begin insertion] (a) [end insertion] [end deletion]      "Color Scheme" shall mean either the design or trade dress of a vehicle used as a Taxi or Ramp Taxi that is distinct to the fleet of a business that provides taxi service, or a business that [begin insertion] provides taxi service and [end insertion] holds a Color Scheme [begin insertion] Permit [begin deletion] permit [end deletion] [end insertion] issued by the SFMTA [begin insertion] Board [end insertion] [begin deletion] or predecessor agency [end deletion] , including any owner, manager, employee or lessee of [begin deletion] said Color Scheme [end deletion] [begin insertion] such business [end insertion] .

[begin insertion] (c) [end insertion]            [begin insertion] “Color Scheme Permit” [end insertion] [begin insertion] shall mean a permit issued by the SFMTA to operate a Color Scheme in the City. [end insertion]

[begin insertion] (d) [end insertion]            [begin insertion] “Controlled Substance Testing Program” [end insertion] [begin insertion] shall mean a program adopted by the SFMTA Board to comply with California Government Code § 53075.5. [end insertion]

[begin insertion]  (e) [end insertion]           [begin insertion] "Dispatch Service [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean any person, business, firm, partnership, association or corporation which holds itself out to the public as a service by or through which taxis may be summoned or dispatched by radio, telephone, or other means of communication, including any owner, manager or employee of said Dispatch Service. [end insertion]

[begin insertion] (f) [end insertion]            [begin insertion] “Dispatch Service Permit” [end insertion] [begin insertion] shall mean a permit issued by the SFMTA to operate a Dispatch Service in the City. [end insertion]

[begin insertion] (g) [end insertion] [begin deletion] [begin insertion] (b) [end insertion] [end deletion]      "Driver" shall mean [begin insertion] either a [end insertion] [begin insertion] [end insertion] [begin deletion] any [end deletion] person [begin insertion] who holds a Driver Permit issued by the SFMTA to operate a Motor Vehicle for Hire or a person [end insertion] engaged in the mechanical operation and having physical charge or custody of a Motor Vehicle for Hire [begin deletion] while said Motor Vehicle for Hire is available for hire or is actually hired [end deletion] .

[begin insertion] (h) [end insertion]           [begin insertion] “Driver Permit” [end insertion] [begin insertion] or “A-Card” shall mean a permit issued by the SFMTA to operate a Taxi or Ramp Taxi in the City. [end insertion]

[begin insertion] (i) [end insertion] [begin deletion] [begin insertion] (c) [end insertion] [end deletion]       "Filing Fee" shall mean a fee in an amount established by the SFMTA Board, due upon application for a permit, and including any late payment penalties or interest for failure to pay in accordance with the requirements of this Article of any other regulation adopted by the SFMTA Board. 

         (j)            [begin insertion] “Found Property [end insertion] [begin insertion] [end insertion] [begin insertion] ” [end insertion] [begin insertion] shall mean any personal property found in or about a Motor Vehicle for Hire by a Driver or delivered to a Driver or to a Color Scheme by any person who has found such property. [end insertion]

         (k)           [begin insertion] "Full-Time Driver" [end insertion] [begin insertion] or "Full-Time Driving [end insertion] [begin insertion] [end insertion] [begin insertion] " shall mean any Driver actually engaged in, or the activity comprised of (respectively) the mechanical operation and physical charge and custody of a Taxi or Ramp Taxi which is available for hire or actually hired for at least 156 four-hour shifts or 800 hours, whichever shall come first. [end insertion]

[begin insertion] (l) [end insertion] [begin deletion] [begin insertion] (d) [end insertion] [end deletion] "Gate Fee" shall mean any monetary fee or other charge or consideration, or any combination thereof, required of a Driver who is not a Taxi or Ramp Taxi [begin deletion] Permit [end deletion] [begin insertion] Medallion [end insertion] Holder for the privilege of driving a Taxi or Ramp Taxi during a particular shift, or for any period of time, including receipt of all services provided in connection with such privilege, whether said fee is set by contract, lease or other agreement, orally or in writing, and whether said fee is paid by the Driver as a flat rate, as a commission on receipts from fares, or as a specified fee for any other purpose.

         (m)       [begin insertion] “Key Personnel [end insertion] [begin insertion] [end insertion] [begin insertion] ” [end insertion] [begin insertion] shall mean a Taxi Permit Holder who works in an administrative capacity or performs functions integral to a Color Scheme, who is a bona fide employee on the payroll of the Color Scheme and who works on-site at the Color Scheme’s principal place of business.  [end insertion]

         (n)       [begin insertion] “Lease [end insertion] [begin insertion] [end insertion] [begin insertion] ” [end insertion] [begin insertion] shall mean an otherwise lawful written document, employment contract, or other agreement that for consideration authorizes the temporary operation of a Taxi or Ramp Taxi Medallion by a person or Color Scheme other than the Taxi or Ramp Taxi Medallion Holder. [end insertion]

         [begin insertion] (o) [end insertion] [begin deletion] [begin insertion] (e) [end insertion] [end deletion]     "Lease Fee" shall mean any monetary fee or other charge or consideration, or any combination thereof, charged by or paid to a Taxi or Ramp Taxi [begin deletion] Permit [end deletion] [begin insertion] Medallion [end insertion] Holder for the privilege of operating that [begin insertion] Medallion [end insertion] [begin deletion] Taxi Permit [end deletion] [begin deletion] Holder’s Taxi or Ramp Taxi permit [end deletion] during a particular shift, or for any period of time.

         [begin insertion] (p) [end insertion]          [begin insertion] “Medallion” [end insertion] [begin insertion] shall mean a permit issued by the SFMTA to operate a particular Taxi or Ramp Taxi vehicle in the City [end insertion] .                 

[begin insertion] (q) [end insertion]            [begin insertion] “Medallion Holder” [end insertion] [begin insertion] shall mean the person or entity to whom a Medallion was issued. [end insertion]

         [begin insertion] (r) [end insertion] [begin deletion] [begin insertion] (f) [end insertion] [end deletion]      "Motor Vehicle for Hire" shall mean every type of privately owned motor vehicle, as defined in the Vehicle Code, which is available for hire and over which the City may exercise jurisdiction, except as otherwise specified in this Article.

         [begin insertion] (s) [end insertion] [begin deletion] [begin insertion] (g) [end insertion] [end deletion]     "Motor Vehicle for Hire Permit" shall mean a permit issued by the SFMTA Board for the operation of an identified vehicle for the purpose of transporting passengers for a price, including Taxi and Ramp Taxi [begin insertion] Medallions [end insertion] and Non-Standard Vehicle permits, and does not include Dispatch Service, Color Scheme or Driver [begin insertion] Permits [end insertion] [begin deletion] permits [end deletion] .

         (t)          [begin insertion] “Model Year [end insertion] [begin insertion] [end insertion] [begin insertion] ” [end insertion] [begin insertion] shall mean the year model designated at the time of manufacture of first assembly as a completed vehicle (e.g. If a vehicle is produced in 2007, but is designated for sale as a 2008 model, then the vehicle is considered a 2008 Model Year.) [end insertion]

         (u)         [begin insertion] "Non-Standard Vehicle [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean a privately owned, motor-propelled passenger carrying vehicle which may be legally operated on the streets of the City under all applicable state and local laws and regulations, and which is not defined elsewhere in this Article. [end insertion]

         (v)         [begin insertion] “O.E.M. [end insertion] [begin insertion] [end insertion] [begin insertion] ” [end insertion] [begin insertion] shall mean any equipment installed on a vehicle when the vehicle was initially manufactured. [end insertion]

         (w)          [begin insertion] “Paratransit Broker” [end insertion] [begin insertion]   [end insertion] [begin insertion] shall mean the contractor retained by SFMTA to administer the Paratransit Program. [end insertion]

         (x)           [begin insertion] “Paratransit Coordinating Council” [end insertion] [begin insertion] shall mean [add definition]. [end insertion]

         (y)           [begin insertion] "Paratransit Program [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean the SFMTA program to provide transit services for people unable to independently use public transit because of a disability or disabling health condition, as required by the Americans with Disabilities Act. [end insertion]

         [begin insertion] (z) [end insertion] [begin deletion] [begin insertion] (h) [end insertion] [end deletion]       "Permit Fee" shall mean a fee in an amount established by the SFMTA Board, required to be paid by a permit applicant [begin deletion] upon qualifying for permit and prior to [end deletion] [begin insertion] for [end insertion] permit issuance or renewal, including any late payment penalties or interest for failure to pay in accordance with the requirements of this Article and any other regulations adopted by the SFMTA Board.

         [begin insertion] (aa) [end insertion] [begin deletion] [begin insertion] (i) [end insertion] [end deletion]     [begin deletion] [begin insertion] "Permittee" [end insertion] [end deletion] [begin deletion] [begin insertion] or [end insertion] [end deletion] "Permit Holder" shall mean any person, business, firm, partnership, association or corporation which holds any permit issued by or under the authority of the SFMTA to drive, operate or cause to be operated any Motor Vehicle for Hire or to operate any Dispatch Service or Color Scheme pursuant to this Article, and any agent of [begin deletion] said [end deletion] [begin insertion] such [end insertion] Permit Holder including, but not limited to, any owner, manager, employee or lessee of [begin deletion] said [end deletion] [begin insertion] such [end insertion] Permit Holder.

         (bb)         [begin insertion] "Police Department [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean the Police Department of the City and County of San Francisco. [end insertion]

         [begin insertion] (cc) [end insertion] [begin deletion] [begin insertion] (j) [end insertion] [end deletion]     "Ramp Taxi" shall mean a Taxi that is specially adapted with access for wheelchair users.

         (dd)         [begin insertion] "Ramp Taxi Medallion [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean a permit issued by the SMTA or predecessor agency to operate a particular Taxi vehicle that is specially adapted with access for wheelchair users. [end insertion]

[begin insertion] (ee) [end insertion]          [begin insertion] “Ramp Taxi Program” [end insertion] [begin insertion] shall mean    [add definition] [end insertion]

         [begin insertion] (ff) [end insertion] [begin deletion] [begin insertion] (k) [end insertion] [end deletion]      "Rates of Fare" shall mean the fees and charges that are authorized by the SFMTA Board that may be charged to the public by a Permit Holder in consideration for transport by a Motor Vehicle for Hire.

            (gg)      “ [begin insertion] Response Time Goals” [end insertion] [begin insertion] shall mean the measure of industry performance expressed by the time elapsed between the time a Dispatch Service receives a request for service to the time that a Taxi or Ramp Taxi actually arrives at the location specified by the customer for pick up.  The currently applicable Response Time Goals are as follows: [end insertion]

[begin insertion] (1) [end insertion] [begin insertion] 70% of the time, a Taxi or Ramp Taxi  will arrive within 10 minutes of the service call.
(2) 80% of the time, a Taxi or Ramp Taxi  will arrive within 15 minutes of the service call.
(3)   99% of the time, a Taxi or Ramp Taxi  will arrive within 30 minutes of the service call. [end insertion]

         (hh)        [begin insertion] "SFMTA [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean the San Francisco Municipal Transportation Agency of the City, or any predecessor agency with regulatory jurisdiction over Motor Vehicles for Hire.  For the purposes of this Article, SFMTA shall include the Police Department’s Taxi Detail. [end insertion]

         (ii) [begin deletion] (l) [end deletion]       "Taxi" shall mean a vehicle operated pursuant to a Taxi or Ramp Taxi  [begin insertion] Medallion [end insertion] [begin deletion] permit [end deletion] that is legally authorized to pick up passengers within the City [begin insertion] with or [end insertion] without prearrangement, of a distinctive color or colors and which is operated at rates per mile or upon a waiting-time basis, or both, as measured by a Taximeter and which is used for the transportation of passengers for hire over and along the public streets, not over a defined route but, as to the route and destination, in accordance with and under the direction of the passenger or person hiring such vehicle.

         (jj)           [begin insertion] "Taximeter [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean a device attached to a Motor Vehicle for Hire which mechanically or electronically calculates the fare to be charged to the passenger, either on the basis of distance traveled or for waiting time, or a combination thereof, and upon which the amount of the fare is indicated by means of numerals in dollars and cents. [end insertion]

         ( [begin insertion] kk [end insertion] )         [begin insertion] "Vehicle Number [end insertion] [begin insertion] [end insertion] [begin insertion] " [end insertion] [begin insertion] shall mean the unique identifying number associated with each Taxi or Ramp Taxi vehicle. [end insertion]

         (ll) [begin deletion] (m) [end deletion]     "Waiting List" shall mean a list of applicants for Taxi or Ramp Taxi [begin insertion] Medallions [end insertion] [begin deletion] permits [end deletion] for whom [begin insertion] such [end insertion] [begin insertion] Medallions [end insertion] [begin deletion]  permits [end deletion] are not yet available, maintained in the order of receipt of [begin insertion] complete [end insertion] applications from qualified applicants.