[begin insertion] SEC. 1107. RECORDS AND REPORTING REQUIREMENTS APPLICABLE TO PERMIT HOLDERS [end insertion] [begin insertion] [end insertion]
[begin deletion] [begin insertion] Reserved. [end insertion] [end deletion]
(a) [begin insertion] Requirements Applicable to All Records [end insertion] [begin insertion] [end insertion]
[begin insertion] Except as otherwise specified herein, all records required to be created and/or maintained by Permit Holders by this Article shall be subject to the following requirements: [end insertion]
(1) [begin insertion] When a signature is required, the record must be signed by a Permit Holder, or in the case of a corporation, by a person authorized to bind the corporation or his or her delegee if accompanied by written documentation of the delegation of signature authority. [end insertion]
(2) [begin insertion] The format and content of any records required to be created or maintained, or of any reports or plans required to be filed by Permit Holders by this Article shall be subject to SFMTA approval. [end insertion]
(3) [begin insertion] Except as otherwise specified in this Article, all records required to be submitted to the SFMTA may be delivered by any means authorized in this Section 1107. The Permit Holder that is subject to the records requirement shall have the burden of proving that the required records were actually delivered in a manner consistent with this section. SFMTA shall give Permit Holders a receipt for in-person delivery of records. Except where a particular method of delivery is required for a specific records, records may be submitted by any of the following means: [end insertion]
(A) [begin insertion] In person by the Permit Holder, or in the case of a corporation, by the person designated in a document on file with the California Secretary of State as an agent of the Permit Holder for the purpose of service of process. The SFMTA may require the Permit Holder's agent to produce documentation of the designation at the time that the filing is submitted. In-person delivery of required documents may be to the following location or other location specified by SFMTA: [end insertion]
[begin insertion] Attention: Taxis and Accessible Services [end insertion]
[begin insertion] San Francisco Municipal Transportation Agency [end insertion]
[begin insertion] 1 South Van Ness Avenue [end insertion] [begin insertion] , 7th Floor [end insertion]
[begin insertion] San Francisco [end insertion] [begin insertion] , CA 94103 [end insertion] [begin insertion] [end insertion]
(B) [begin insertion] By first class U.S. Mail, postage pre-paid, addressed to: [end insertion]
[begin insertion] Attention: Taxis and Accessible Services [end insertion]
[begin insertion] San Francisco Municipal Transportation Agency [end insertion]
[begin insertion] 1 South Van Ness Avenue [end insertion] [begin insertion] , 7th Floor [end insertion]
[begin insertion] San Francisco [end insertion] [begin insertion] , CA 94103 [end insertion] [begin insertion] [end insertion]
(C) [begin insertion] By fax to [insert fax number]; or [end insertion]
(D) [begin insertion] By email to [insert email address]; or [end insertion]
(4) [begin insertion] All records required to be maintained by Permit Holders by this Article or by other law or regulation shall be made available for inspection by the SFMTA during normal business hours within three business days of request. The SFMTA may request that Permit Holders submit copies of records or original records within three business days of request. If the Chief of Police indicates that the inquiry relates to a criminal law enforcement investigation, such records shall be provided within one business day of request. In the event that SFMTA requires original records, the SFMTA shall provide the Permit Holder a receipt for any original documents that the SFMTA removes from the Permit Holders’ premises, and shall protect and document the chain of custody of such original records until they are returned to the Permit Holder. [end insertion]
(b) [begin insertion] Records and Information Requirements Applicable to Drivers [end insertion] [begin insertion] [end insertion]
(1) [begin insertion] Receipts for Fare to be Delivered to Passenger [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
[begin insertion] All Drivers upon shall provide a receipt for fare paid upon the demand of any passenger. [end insertion]
(2) [begin insertion] Badge and Identification Information [end insertion] [begin insertion] [end insertion]
[begin insertion] Each Driver shall provide his or her badge number to any passenger upon request. [end insertion]
(3) [begin insertion] Medical Examination Certificates [end insertion]
[begin insertion] The Driver shall retain the original report or certification completed by the examining physician or laboratory following any physical examination required by this Article, and shall file a copy of the report or certification with the SFMTA. [end insertion]
(4) [begin insertion] Waybills [end insertion] [begin insertion] [end insertion]
[begin insertion] Drivers of Taxis and Ramp Taxis shall produce an accurate and legible Waybill, completed in indelible ink. Each Waybill shall include the following information for the period covered by that Waybill: [end insertion]
(A) [begin insertion] Date of trip; [end insertion]
(B) [begin insertion] Driver's name; [end insertion]
(C) [begin insertion] Driver's Permit number; [end insertion]
(D) [begin insertion] Driver's signature at the commencement of the shift; [end insertion]
(E) [begin insertion] Vehicle Number and vehicle license number; [end insertion]
(F) [begin insertion] Medallion number; [end insertion]
(G) [begin insertion] Starting mileage of the vehicle for the shift; [end insertion]
[begin deletion] (H) [end deletion] [begin insertion] Starting meter units for the shift; [end insertion]
(I) [begin insertion] Mileage of the vehicle at the end of the shift; [end insertion]
(J) [begin insertion] Meter units at the end of the shift; [end insertion]
(K) [begin insertion] Number of passengers on each trip; [end insertion]
(L) [begin insertion] Origin and destination of each trip; [end insertion]
(M) [begin insertion] The fare for each trip; [end insertion]
(N) [begin insertion] The time of hire and discharge for each trip; and [end insertion]
(O) [begin insertion] A mechanically or electronically generated time stamp showing the starting and ending times of the shift. [end insertion]
(P) [begin insertion] Notations of passenger requests for assistance as described in Section 1103(c)(5)(F); [end insertion]
(Q) [begin insertion] If the vehicle is temporarily placed out of service because of a mechanical failure, the Driver shall make a notation on the Waybill listing the time the vehicle goes out of service and the time it is returned to service. [end insertion]
(c) [begin insertion] Records and Information Requirements Applicable to Medallion Holders [end insertion] [begin insertion] [end insertion]
(1) [begin insertion] Annual Filings Required for Renewal [end insertion]
[begin insertion] No Taxi or Ramp Taxi Medallion shall be renewed unless the Permit Holder files a sworn statement by May 1 of every year under penalty of perjury attesting to compliance with this Article and associated state and federal laws on a form designated by the SFMTA. The SFMTA shall provide a receipt to certify that a Medallion Holder may renew his or her permit prior to the December 31expiration. [end insertion]
(d) [begin insertion] Records and Information Requirements Applicable to Color Schemes [end insertion] [begin insertion] [end insertion]
(1) [begin insertion] Waybills [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
(A) [begin insertion] A Color Scheme shall use a Waybill format approved by the SFMTA. [end insertion]
(B) [begin insertion] A Color Scheme shall retain original Waybills for all Drivers and Medallion Holders for at least one year at its principal place of business. [end insertion]
(C) [begin insertion] Color Schemes shall maintain originals and/or legible copies of Waybills for at least six years to document driving performed by Drivers affiliated with the Color Scheme. Color Schemes may store Waybills more than 12 months old in a secure electronic format, and duplicate copies of such electronic record shall be given to Drivers for each year of record. Drivers, Medallion Holders and applicants on the Waiting List are responsible for maintaining their own individual records. [end insertion]
(D) [begin insertion] Color Schemes shall store Waybills either alphabetically, numerically or chronologically. If a Color Scheme’s Waybills are not so organized, the SFMTA may require the Color Scheme to reorganize the Waybills either alphabetically, numerically or chronologically, and the Color Scheme shall order Waybills in accordance with SFMTA direction within 90 days of SFMTA request. A Color Scheme may request a waiver of such requirement if the Permit Holder demonstrates to SFMTA's satisfaction that its Waybills are already organized in a different manner that allows efficient inspection and auditing by SFMTA. Any Waybills presented to SFMTA for inspection in any manner other than as required or approved by SFMTA may not be counted for compliance with the Full-Time Driving requirement. [end insertion]
(E) [begin insertion] If requested, Color Schemes shall provide each Driver duplicate copies of that Driver’s Waybills for a prior year in an electronic or paper format. If the Waybills are provided in paper format, the Color Scheme may charge no more than $0.10 per page, or a flat fee not to exceed $50 for all Waybills of a Driver for the period of one year. [end insertion]
(2) [begin insertion] Medallion Holder Files [end insertion]
[begin insertion] Color Schemes must maintain files for each Medallion Holder affiliated with the Color Scheme. Such files shall contain at least written copies of all Leases of Medallions or permits at the Color Scheme’s principal place of business, and employment or other applications initiating affiliation with the Color Scheme. Color Schemes shall provide copies to any party to the Lease upon request. [end insertion]
(3) [begin insertion] Vehicle Inventory Changes [end insertion] [begin insertion] [end insertion]
[begin insertion] Prior to placing a vehicle in service for the first time, when changing a vehicle for another, or when assigning a new Vehicle Number, the Color Scheme shall submit the information required by this Section to the SFMTA on a Vehicle Introduction Form. No vehicle will be authorized to be placed in service until a complete, correct Vehicle Introduction Form is submitted, which shall contain at least the following information: [end insertion]
(A) [begin insertion] The make, model, VIN number, mileage. [end insertion]
(B) [begin insertion] The Medallion or spare number assigned and the number it is replacing, if applicable. [end insertion]
(C) [begin insertion] The purpose of placing the vehicle into service [end insertion]
(D) [begin insertion] The signature of an authorized representative of the Color Scheme. [end insertion]
(4) [begin insertion] Weekly Reporting Requirements [end insertion]
(A) [begin insertion] Weekly Driver Schedule [end insertion] [begin insertion] [end insertion]
[begin insertion] Every Color Scheme Holder shall maintain a daily schedule, updated weekly, that must at a minimum include: the shift assignment, Driver’s name, vehicle number and Medallion number, if different, and the hours worked for that shift. This schedule shall list all Medallions affiliated with a Color Scheme, regardless of Lease type. The schedule shall be made available for inspection by the SFMTA or law enforcement agencies at any time. Color Schemes shall submit electronic copies of the daily schedules to the SFMTA by the fifth day of each month. All original schedules shall be retained at the Color Scheme’s principal place of business for a period of not less than six years. Color Schemes shall maintain at the principal place of business the most recent 12 months of schedules in a paper format. Color Schemes may store schedules more than 12 months old in a secure electronic format. The SFMTA may excuse a Color Scheme from retaining schedules for a particular year by certifying that a Color Scheme has submitted all 12 schedules for each month of that year. The SFMTA may grant exceptions for submission for companies with exceptionally large schedules or which have an electronic timecard system for schedules. [end insertion] [begin insertion] [end insertion]
(B) [begin insertion] Weekly Waybill Report [end insertion] [begin insertion] [end insertion]
[begin insertion] All Color Schemes shall account for Medallion Holders in the weekly Waybill Report. On the first business day of each week, all Color Schemes shall fax to the SFMTA, the names of all affiliated Medallion Holders who have failed to turn in Waybills for the previous week, whether or not that Medallion Holder appears on the Weekly Roster or is otherwise scheduled. [end insertion]
(C) [begin insertion] Weekly List of Terminated Drivers [end insertion]
[begin insertion] Color Schemes shall fax or email to the SFMTA the names of all Drivers terminated during the prior week. If a Driver is terminated for good cause, including violence or driving under the influence, Color Schemes shall immediately notify the SFMTA and shall not wait for the weekly reporting deadline. [end insertion]
(5) [begin insertion] Filings Required for Emissions Compliance [end insertion]
(A) [begin insertion] Company Emission Reduction Plans [end insertion]
[begin insertion] On June 1, 2009 and June 1, 2010, each Color Scheme Permit Holder shall submit a written Emission Reductions Plan describing the Color Scheme’s plans to comply with Municipal Police Code Section 1135.3. The Plan shall provide for implementing reductions evenly over 2009 and 2010. On June 1, 2009, and every year thereafter until June 1, 2011, each Color Scheme Permit Holder shall submit to the SFMTA a written statement on the steps the Color Scheme has taken in the prior year to carry out that year’s Emissions Reduction Plan and the results of those efforts. [end insertion]
(6) [begin insertion] Annual Filings Required for Renewal [end insertion]
[begin insertion] No Color Scheme Permit shall be renewed unless the Permit Holder files the following documents by November 1 of each year: [end insertion]
(A) [begin insertion] Copy of DMV Pull Notice Contract; [end insertion]
(B) [begin insertion] Current Fictitious Business Name Statement; [end insertion]
(C) [begin insertion] Current [end insertion] [begin insertion] City [end insertion] [begin insertion] Business Operating Permit; [end insertion]
(D) [begin insertion] Completed Designated Manager Form(s); [end insertion]
(E) [begin insertion] Current list of all affiliated Drivers, Medallion Holders and type of Lease for each; [end insertion]
(F) [begin insertion] Insurance certificates demonstrating compliance with the insurance requirements of this Article for every vehicle and Medallion affiliated with the Color Scheme; [end insertion]
(G) [begin insertion] Copy of company drug-free workplace policy; [end insertion]
(H) [begin insertion] Blank sample of company Waybill and receipt for Waybill; and [end insertion]
(I) [begin insertion] Sworn statement attesting to compliance with this Article and associated state and federal laws. [end insertion]
[begin insertion] The SFMTA shall provide a receipt for when all documents required for permit renewal are received in order to certify that a Color Scheme Permit Holder is eligible to renew its permit prior to the December 31 expiration. [end insertion]
(7) [begin insertion] Receipts to Drivers [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
[begin insertion] Upon request by a Driver, Color Scheme Holders shall provide receipts for payments for fuel, Gate Fees, Lease fees or any other payment made by Drivers to Color Schemes. [end insertion]
(8) [begin insertion] Medical Examination Certificates [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
[begin insertion] Reserved. [end insertion]
(9) [begin insertion] Death of Driver or Medallion Holder [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
[begin insertion] 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 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. [end insertion]
(e) [begin insertion] Requirements Applicable to Dispatch Services [end insertion] [begin insertion] [end insertion]
(1) [begin insertion] Semi-Annual Service Report [end insertion]
[begin insertion] All Dispatch Services must provide the SFMTA with a semi-annual report that includes, but is not limited to, the number of calls for service received, the number of vehicles dispatched to calls, the number of non-response complaints received, and the number of vehicles that serviced to the requested calls. [end insertion]
(2) [begin insertion] Reports of Found Property [end insertion] [begin insertion] [end insertion] [begin insertion] [end insertion]
(A) [begin insertion] Receipt to Drivers [end insertion]
[begin insertion] Every Dispatch Service Permit Holder shall issue a receipt to the Driver for any Found Property located in affiliated vehicles. [end insertion]
(B) [begin insertion] Return to Owner [end insertion] [begin insertion] [end insertion]
[begin insertion] Every Dispatch Service Permit Holder shall endeavor to return Found Property to its rightful owner within 2 business days. If the owner cannot be located, the Dispatch Service Permit Holder shall give the property to SFMTA with a receipt that includes an inventory of the property, the date it was turned in, the name of the Driver who turned it in and the vehicle in which it was found. [end insertion]
(C) [begin insertion] High Value Property [end insertion] [begin insertion] [end insertion]
[begin insertion] If the property is currency, is of the value of $100 or more, is a serialized item or an electronic device, or if it contains information that identifies the owner, the Dispatch service Permit Holder shall transfer the property to the SFMTA within two business days with a copy of a Police Report and a Police Incident Report Number and an inventory of the property. [end insertion]
(D) [begin insertion] Property Log Book [end insertion] [begin insertion] [end insertion]
[begin insertion] Every Dispatch Service Permit Holder shall maintain a log book which records the date, time, Vehicle Number, Driver, Incident Report Number (if applicable), description and disposition of the property at the principal place of business. The log book shall be retained for a minimum period of one year. [end insertion]
(E) [begin insertion] Weekly Property Report to SFMTA [end insertion] [begin insertion] [end insertion]
[begin insertion] On the first business day of each week, each Dispatch Service Permit Holder shall fax to the SFMTA a copy of all entries made in the property log for the previous week. Those Dispatch Services having no entries for that week will fax a notice advising the SFMTA that no property was turned in. Dispatch Services shall account for all affiliated Color Schemes. [end insertion]
(3) [begin insertion] Annual Filings Required for Renewal of Permit. No Dispatch Service Permit shall be renewed unless the Permit Holder files the following documents by November 1 of each year: [end insertion]
(A) [begin insertion] copy of current City Business Operating Permit [end insertion]
(B) [begin insertion] completed Designated Manager Form [end insertion]
(C) [begin insertion] list of all affiliated Color Schemes [end insertion]
(D) [begin insertion] copy of company drug-free workplace policy [end insertion]
(E) [begin insertion] sworn statement attesting to compliance with this Article and associated state and federal laws [end insertion]
(4) [begin insertion] The SFMTA shall provide a receipt for submission of all documents to certify that a Dispatch Service Permit Holder may renew its permit prior to the December 31 expiration. [end insertion]
(f) [begin insertion] Requirements Applicable to Corporate Medallion Holders [end insertion] [begin insertion] [end insertion]
[begin insertion] Any corporation holding a permit issued pursuant to this Article shall maintain a stock register at the principal place of business in San Francisco. The SFMTA may require other specified corporate records to be provided to the SFMTA together with other required annual filings. All corporate Permit Holders shall report to the SFMTA in writing any of the following within 30 days of occurrence: [end insertion]
(A) [begin insertion] Issuance or transfer of any shares of stock. [end insertion]
(B) [begin insertion] Change in any of the corporate officers listed pursuant to Section 312 of the California Corporations Code or successor statute. [end insertion]
(C) [begin insertion] Change of any member of its board of directors. [end insertion]
(D) [begin insertion] Any notice of suspension or certificate of revivorship issued to the corporation by the California Secretary of State. [end insertion]