SEC. 1103.    PERMIT APPLICATIONS AND ELIGIBILITY

[begin insertion] (a) [end insertion]            [begin insertion] Application Forms [end insertion]

[begin insertion] (b) [end insertion]            [begin insertion] Applications Deemed Active [end insertion]

[begin insertion] (c) [end insertion]            [begin insertion] Determination of Eligibility [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] (d) [end insertion]            [begin insertion] Burden of Proof on Applicant  [end insertion]

[begin insertion] (e [end insertion] )           [begin insertion] Additional Requirements Applicable to Driver Permit Applications [end insertion] [begin insertion] [end insertion] [begin insertion] : Forms and Qualifications, Compliance with Controlled Substance Testing Program [end insertion]

(1) [begin insertion] Application Requirements [end insertion]

[begin insertion] In addition to complying with all other requirements of this Section 1103, each applicant for a Driver Permit shall:  [end insertion]

(A) [begin insertion] Provide his or her fingerprints; and [end insertion]

(B) [begin insertion] Take and pass a written examination; and [end insertion]

(C) [begin insertion] Take and pass a physical examination if required by the SFMTA; and [end insertion]

(D) [begin insertion] Certify that the applicant has successfully completed an SFMTA-approved Driver training course; and   [end insertion]

(E) [begin insertion] Enclose two recent photographs of the applicant of passport photo size, taken no more than 12 months prior to time of application; and [end insertion]

(F) [begin insertion] Enclose a statement of affiliation signed by the applicant, the Color Scheme and the Dispatch Service associated with the Color Scheme. The applicant’s choice of Color Scheme shall be subject to the approval of the SFMTA, which may deny such request if in the SFMTA’s judgment the proposed affiliation could be detrimental to the Driver, the Color Scheme or to the public. [end insertion]

(G) [begin insertion] Reserved: Controlled Substance Testing Program [end insertion] [begin insertion] .  [end insertion]

(2) [begin insertion] Driver Qualifications [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] Each applicant for a Driver's Permit must: [end insertion]

(A) [begin insertion] Be a resident of the United States; [end insertion]

(B) [begin insertion] Be clean in dress and person; [end insertion]

(C) [begin insertion] Be free of any disease, condition, infirmity, or addiction that might render the applicant unable to safely operate a motor vehicle or that otherwise poses a risk to public health and safety; [end insertion]

(D) [begin insertion] Hold a valid California driver's license of a class sufficient for the lawful operation of the motor vehicle to be driven; [end insertion]

(E) [begin insertion] Have the physical capacity to operate a motor vehicle for at least four hours per day; [end insertion]

(F) [begin insertion] Have no prior convictions of a crime involving sexual assault, the use of a vehicle in the commission of a felony, fraud, violence against a person, two or more convictions of driving under the influence within the previous five years, whether or not such convictions occurred while driving a Motor Vehicle for Hire; [end insertion]

(G) [begin insertion] Have attained the age of 21; [end insertion]

(H) [begin insertion] Speak, read and write the English language; [end insertion]

(I) [begin insertion] Reserved: Controlled Substance Testing Program [end insertion] [begin insertion] .  [end insertion]

[begin insertion] (f) [end insertion]            [begin insertion] Additional Requirements Applicable to Taxi and Ramp Taxi Medallion Application [end insertion] [begin insertion] [end insertion]

[begin insertion] (g) [end insertion]            [begin insertion] Additional Requirements Applicable To Ramp Taxi Medallion Applications [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] (h) [end insertion]           [begin insertion] Additional Requirements Applicable to Non-Standard Vehicle Permit Applications [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] (i) [end insertion]            [begin insertion] Additional Requirements Applicable To Dispatch Service Permit Applications [end insertion] [begin insertion] [end insertion]

SEC. 1104.    PERMIT CONDITIONS

      [begin insertion] (a) [end insertion]          [begin insertion] Conditions Applicable to All Permits [end insertion] [begin insertion] [end insertion]

[begin insertion] (b) [end insertion] [begin deletion] (a) [end deletion]         Conditions Applicable to Color Scheme Permits.

      [begin insertion] (c) [end insertion]    [begin insertion] Additional Conditions Applicable To Dispatch Service Permits [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

      [begin insertion] (d) [end insertion]    [begin insertion] Additional Conditions Applicable to Driver Permits [end insertion] [begin insertion]   [end insertion]

(1)             [begin insertion] Driver Identification [end insertion]

[begin insertion] Upon issuance of a Driver's permit, the SFMTA will issue to each Driver the following identification: [end insertion]

(i)            [begin insertion] Driver Permit Card  (A-Card) [end insertion] [begin insertion] [end insertion]

[begin insertion] Every Driver shall carry his or her A-Card at all times while operating a Motor Vehicle for Hire, and shall provide the A-Card for inspection upon request by the SFMTA or any peace officer or passenger. [end insertion]

(ii)            [begin insertion] Badge with the Permit Number [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] Every Driver shall display a SFMTA-issued badge constantly and conspicuously displayed on the outside of the Driver's clothing and jacket at all times while operating or in possession of a Motor Vehicle for Hire.  The badge shall only be worn by the Permit Holder to whom the badge is issued. [end insertion]

(iii)            [begin insertion] Color Scheme Identification Card [end insertion] [begin insertion] [end insertion]

[begin insertion] A Driver’s Color Scheme Identification Card must be displayed conspicuously at all times in any Motor Vehicle for Hire that the Driver is operating in a manner that the badge number printed on the card is easily visible to any passenger in the vehicle. [end insertion]

(2) [begin insertion] Renewal of Driver's Permits [end insertion] [begin insertion] [end insertion]

(A)                  [begin insertion] Driver Permits shall be issued as of the first day of January of each year and shall be valid unless revoked or suspended, up to and including the 31st day of December, next succeeding. The SFMTA may cause the renewal of the Driver's Permit from year to year upon the filing of a statement by the Driver Permit Holder providing his or her current address and current employer and the payment of the annual permit renewal fee. [end insertion]

(B)                  [begin insertion] Controlled Substance Testing Program: Reserved. [end insertion]

(C)                  [begin insertion] Drivers have an affirmative duty to report any criminal convictions which would be a basis for denying a permit pursuant to Section 1103(c)(4). No Driver’s permit shall be renewed if he or she has been convicted of any offense listed in Section 1103(c)(4). [end insertion]

(D)                  [begin insertion] Controlled Substances [end insertion]

(i)                         [begin insertion] No Driver may operate a Motor Vehicle for Hire while his or her driving ability is impaired by any controlled substance, including prescription drugs.  No Driver may consume or be under the influence of any intoxicating substance while operating a Motor Vehicle for Hire. [end insertion]

(ii)                         [begin insertion] Drivers shall maintain a drug-free workplace and shall not sell, use, or possess controlled substances while operating a Motor Vehicle for Hire or at the Color Scheme’s place of business. [end insertion]

(3) [begin insertion] Notification to SFMTA of Change of Affiliation with Color Scheme [end insertion]

(A)                  [begin insertion] All Drivers must notify the SFMTA at least three business days following to the effective date of any change of affiliation with a Color Scheme; provided, however, that no Driver may affiliate with a Color Scheme that has been declared ineligible for new Driver affiliations by the SFMTA pursuant to Section 1111(f). [end insertion]

(B)                  [begin insertion] In accordance with California Government Code § 53075.5(b)(1)(B), a Driver’s Permit shall become void upon termination of affiliation with a Color Scheme and failure to affiliate with a new Color Scheme within 30 calendar days.. [end insertion]

(C)                  [begin insertion] A Driver shall return his or her A-Card to the SFMTA and his or her Color Scheme Identification Card to the Color Scheme upon terminating affiliation with a Color Scheme. [end insertion]

(4) [begin insertion] Driver Duties at Beginning of Shift [end insertion] [begin insertion] [end insertion]

(A)                  [begin insertion] A Driver is required to perform a safety check on any Motor Vehicle for Hire prior to placing it in operation.  The Driver is responsible for ensuring that all equipment on the vehicle that is required by this Article is working properly, including but not limited to a Ramp Taxi lift.  If the Driver finds any equipment that presents a hazard or safety issue, then the Driver shall notify the Color Scheme, and the Color Scheme shall put the vehicle out of service until it is repaired and shall make another vehicle available to the Driver. [end insertion]

(B)                  [begin insertion] A Driver is required to perform a communications test at the commencement of each shift to determine that there is functional and available communications equipment capable of both receiving and transmitting voice information.  If communications equipment is not functional and available, that vehicle shall be taken out of service until such time as the communications equipment is functioning and available.  [end insertion]

(C)                  [begin insertion] Drivers shall ensure that their vehicle is supplied with the following items: [end insertion]

(i) [begin insertion] 311 card; [end insertion]

(ii) [begin insertion] Current copy of book of regulations issued by SFMTA; [end insertion]

(iii)   [begin insertion] A supply of receipts, preprinted with the name of the affiliated Color Scheme; and [end insertion]

(iv) [begin insertion] Current maps of San Francisco and San Mateo counties or a functional GPS device. [end insertion]

(v) [begin insertion] Working flashlight. [end insertion]

(D)                   [begin insertion] A Driver shall ensure that the vehicle is clean inside and out and free of offensive odors, wash the exterior of the vehicle and/or sweep the interior passenger compartment and trunk as needed, and remove any loose items from the vehicle's dashboard and/or rear shelf.  [end insertion]

(5) [begin insertion] Driver Duties During Shift   [end insertion]

(A)                  [begin insertion] A Driver shall not refuse, or direct or permit the refusal, of prospective passengers in any place within the City for transportation to any other place in the City, or to or from the San Francisco International Airport, or to the Oakland International Airport, at rates authorized by law, if the prospective passengers present themselves for transportation in a clean, sober, and orderly manner and for a lawful purpose and the Driver has sufficient time before the end of his or her shift.   [end insertion]

(B)                  [begin insertion] A Driver shall not operate a Motor Vehicle for Hire in a reckless or dangerous manner.  [end insertion]

(C)                  [begin insertion] A Driver shall not refuse to transport a passenger’s luggage, wheelchair, crutches or other property that can be transported within the confines of the vehicle’s trunk and/or passenger areas. [end insertion]

(D)                  [begin insertion] No Driver may refuse to transport a person with a physical disability in the front seat. [end insertion]

(E)                  [begin insertion] A Driver shall not refuse to transport any service animal, or a secured, well-behaved and/or contained animal. [end insertion]

(F)                  [begin insertion] A Driver shall, if requested, reasonably assist a passenger as necessary to get into and out of the vehicle, or to load or unload luggage, only to the extent that such assistance is within the physical capacity of the Driver.  The Driver shall record the request for assistance and results on the Waybill.  If the Driver feels that their personal health or safety is at risk or is otherwise unable to assist the passenger, the Driver shall request appropriate assistance capable of handling the request from the Dispatch Service.  Upon request by a passenger, the Driver shall remain with the passenger until the dispatched assistance has arrived.   A Driver shall inform the passenger(s) of his or her intention to activate the Taximeter when said passenger(s) has such a large amount of baggage, luggage, packages and/or equipment to be loaded or unloaded that the Driver’s departure is delayed, or when it is necessary to wait for dispatched assistance to arrive. [end insertion]

(G)                  [begin insertion] A passenger who first engages a Motor Vehicle for Hire has the exclusive right to conveyance therein to his or her destination. The Driver shall not solicit or accept any additional passenger without the prior consent of any passenger who has previously engaged the vehicle, or as authorized by SFMTA.  [end insertion]

(H)                  [begin insertion] A Driver may transport two or more passengers who voluntarily agree to split the fare between them.  The passengers may by mutual agreement split the fare according to any formula; however, regardless of any mutual agreement of the passengers, the Driver shall not collect from all combined passenger payments any amount in excess of the fare shown on the meter at the time that the last passenger reaches their destination. [end insertion]

(I)                  [begin insertion] Drivers shall comply with any 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 or communication with a Color Scheme, Dispatch Service, law enforcement agency, health care provider, or other emergency service agency.  A Driver is not required to comply with a passenger request for any particular broadcast station or other passenger listening preferences. [end insertion]

(J)                  [begin insertion] Except for emergencies, including but not limited to an emergency call to a Dispatch Service, a law enforcement agency, health care provider, or other emergency service agency, Drivers shall immediately comply with any passenger request to terminate mobile telephone conversations. [end insertion]

(K)                  [begin insertion] Drivers may only use personal telephones for voice or any other type of communication in the vehicle in accordance with all applicable laws, including but not limited to the use of hands free telephone equipment while operating the vehicle.  While a passenger is in the vehicle, Drivers’ personal conversations must be limited in number and short in duration, and at no time shall a Driver allow a personal communication to interfere with the Driver's full attention to the operation of the vehicle. [end insertion]

(L)                  [begin insertion] Drivers shall only receive a tip when expressly and voluntarily offered by the person paying the fare.  Drivers may not demand, request, imply, assume or otherwise suggest that the Driver should receive any amount in excess of the authorized fare. A Driver may, without demanding or assuming that the passenger will pay a tip, ask the passenger whether they would like to tip the Driver only when the tip is only capable of being added to a payment by action of the Driver.    [end insertion]

(M) [begin insertion]   Every Driver must accept dispatch assignments, including, when available, an average minimum of one radio call an hour during each shift from their Dispatch Service.  Drivers must advise their Dispatch Service if they are unable to handle an accepted call within 5 minutes of the time when they acknowledged or accepted the call.  [end insertion]

(N)                  [begin insertion] During a shift a Driver may not monitor or listen to any Dispatch Service other than the Dispatch Service that provides service to the Color Scheme with which the vehicle is affiliated.   [end insertion]

(O)                  [begin insertion] The Driver must keep any communication device required by this Article at a volume audible to the Driver at all times during the shift. [end insertion]

(P)                  [begin insertion] Drivers shall, at the beginning of a trip, inform any passenger whose announced destination is more than 15 miles from City limits, or if the passenger is picked up at the San Francisco International Airport, whose announced destination is more than 15 miles from the San Francisco International Airport and is not within the City limits, that the fare to be charged will be 150% of the amount registered on the Taximeter. [end insertion]

(Q)                  [begin insertion] Drivers shall carry sufficient cash to be able to provide change for 20 dollars.  [end insertion]

(R)                  [begin insertion] Drivers shall, at the beginning of a trip, inform passenger(s) whose announced destination requires the crossing of a toll bridge, the amount of the toll charged and that the toll charge is to be paid by the passenger(s) regardless of the direction in which the toll is collected. [end insertion]

(S)                  [begin insertion] Drivers shall give a fare receipt upon request of the person paying the fare.  Drivers shall complete fare receipts legibly with the Driver’s badge number, the Vehicle Number, the Medallion number, and the amount of the fare.  [end insertion]

(T)                  [begin insertion] Drivers shall make a visual check of the interior of the vehicle at the conclusion of each trip to determine if any property has been left behind.  If any of the passenger’s property was loaded in the trunk, the Driver shall check the trunk area at the end of the trip to ensure that no property was left behind. [end insertion]

(U)                  [begin insertion] Upon discovery, a Driver shall make every reasonable attempt to return Found Property in the vehicle to the rightful owner during the shift in which it was discovered, or, if it is not possible to return the Found Property before the end of the shift, the Driver shall leave it with the Color Scheme at the end of the shift.  Drivers shall record a description of the Found Property on a form provided by the Color Scheme, whom they have contacted about the Found Property, and whether it was returned to the owner during the shift in which it was discovered, and if not, where and with whom it was left.   Drivers shall be personally liable for any loss of property suffered by their passenger(s) caused by intentional misconduct or gross negligence of the Driver. [end insertion]

(V)                  [begin insertion] If during the course of the work shift, any equipment failure makes the continued operation of the vehicle  unsafe, then the Driver shall immediately return to vehicle to the Color Scheme to be placed out of service. [end insertion]

(W)   [begin insertion] The Driver shall not place or allow to be placed any loose items on the dashboard or rear shelf of the vehicle.  [end insertion]

(X)                  [begin insertion] The Driver shall keep the vehicle trunk and/or baggage area clean, free of items or materials that could damage or stain passengers’ baggage, and free of any container containing flammable liquids. [end insertion]

(Y)                  [begin insertion] No Driver shall leave a vehicle unattended on a public street for more than 4 hours. [end insertion]

(Z)                  [begin insertion] No Driver shall threaten, harass, or abuse another person, nor may a Driver speak in an obscene, threatening or abusive manner. [end insertion]

(AA) [begin insertion] Drivers shall not use or attempt to use any physical force against any person except proportional, reasonable force necessary for self-defense or defense of another. [end insertion]

(BB) [begin insertion] Drivers shall be clean in dress and person. [end insertion]

(CC) [begin insertion] Any Driver who is pulled over by a peace officer while the Taximeter is in operation must turn off the Taximeter from the time the vehicle is pulled over until the time that the peace officer authorizes the vehicle to depart.  [end insertion]

(DD) [begin insertion] It shall be unlawful for any Driver to smoke any cigar, pipe or cigarette, to burn any substance, drink, or eat while a passenger is in the vehicle. [end insertion]

(EE) [begin insertion] Except as otherwise authorized herein, a Driver may respond to a hail from a passenger on the street or sidewalk, but a Driver may not initiate any solicitation of passengers from any public place. [end insertion]

(ii) [begin insertion] Resolution of Fare Disputes [end insertion] [begin insertion] [end insertion] [begin insertion]   [end insertion]

[begin insertion] In any case of fare dispute between the Driver and passenger(s), the Driver shall convey the passenger(s) to the nearest police station, where the officer in charge shall immediately decide the case, and if the decision is in favor of the passenger, the driver shall convey the passenger from the police station to his original destination without additional charge. [end insertion]

(6) [begin insertion] Duties at End of Shift [end insertion] [begin insertion] [end insertion]

(A)                  [begin insertion] Drivers shall turn in all completed Waybills and Found Property to the Color Scheme at the conclusion of each shift. [end insertion]

(B)                  [begin insertion] The Driver shall remove any litter, personal items, and any other loose items that do not belong with the vehicle. [end insertion]

(C)                  [begin insertion] Drivers shall turn any unreturned or unclaimed Found Property in the Driver’s possession at the end of a shift to the Color Scheme’s place of business, and shall obtain a receipt for the item regardless of value.  [end insertion]

(7) [begin insertion] Ramp Taxi Service [end insertion] [begin insertion] [end insertion] [begin insertion]    [end insertion]

(A)                  [begin insertion] Every Driver operating a Taxi or Ramp Taxi shall meet an average response time to any request for service by a customer using a wheelchair of 20 minutes from the time that the Driver accepts the call. [end insertion]

(B)                  [begin insertion] A Ramp Taxi Driver, once dispatched to a call from a customer using a wheelchair may not accept any other fare while en route to that dispatched call except as otherwise instructed by the dispatcher. [end insertion]

(C)                  [begin insertion] Every Driver shall, if requested, assist a person with physical disabilities or an elderly person to get into and out of the vehicle and ensure the passenger is properly secured in the vehicle prior to transport. If a Driver is unable to properly assist and/or secure the passenger, the driver shall notify the Dispatch Service and request another Driver’s assistance or other appropriate service capable of handling the request. The Driver shall record the request and results on the Waybill. The Driver shall remain with the passenger until assistance from another Driver or appropriate service has arrived.   [end insertion]

(D)                  [begin insertion] If available from their Dispatch Service, every Ramp Taxi Driver shall handle an average of three wheelchair service calls per shift. [end insertion]

(E)                     [begin insertion] A Driver may activate the meter while assisting and/or securing a passenger using a wheelchair at the beginning of the trip, provided that the Driver must first inform the passenger(s) of his or her intention to activate the Taximeter. [end insertion]

                        (1)       A Driver must return his or her [begin insertion] A-Card [end insertion] [begin deletion] permit [end deletion] to the SFMTA [begin deletion] upon [end deletion] [begin insertion]   [end insertion] [begin insertion] within 30 calendar days of [end insertion] [begin insertion] [end insertion] terminating his or her affiliation with a Color Scheme if the Driver does not affiliate with another Color Scheme within 30 calendar days.  If the Driver will discontinue driving for a period of time in excess of 30 days but intends to resume driving a Motor Vehicle for Hire in the future, the SFMTA shall hold the [begin deletion] Driver [end deletion] [begin deletion] permit [end deletion] [begin insertion] A-Card [end insertion] on file until the [begin deletion] Permit Holder [end deletion] [begin insertion] Driver [end insertion] informs the SFMTA of his or her intention to resume driving.  Upon receiving such notice, the SFMTA shall return the [begin deletion] permit [end deletion] [begin insertion] A-Card [end insertion] to the Driver so long as all Filing Fees and Permit Fees are paid and the [begin insertion] Driver [end insertion] [begin deletion] Permit Holder [end deletion] remains qualified for the permit.

                        [begin insertion] (2 [end insertion] )       [begin insertion] Reserved: Controlled Substance Testing Program [end insertion] [begin deletion] At the time of Driver permit Permit issuance or renewal, a Driver must provide proof of compliance with the [end deletion] [begin deletion] controlled substance testing requirements of California Government Code Section 53075.5.  No Driver permit may be issued or renewed without such proof of compliance. [end deletion]

[begin insertion] (d) [end insertion]                     [begin insertion] Additional Conditions Applicable To Taxi and Ramp Taxi Medallions [end insertion]

[begin insertion] (e) [end insertion]                    [begin insertion] Additional Conditions Applicable To Ramp Taxi Medallions [end insertion]