Return to March 1, 2011, agenda
SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
DIVISION: Finance & Information Technology
BRIEF DESCRIPTION:
· To modify Article 300, Section 310 regarding motor vehicle for hire penalties by revising and increasing certain penalties for motor vehicle for hire regulations, eliminating the progressive penalty structure, creating a single penalty for each violation, and providing a simpler description of each violation.
SUMMARY:
· Transportation Code Division II, Section 310, which lists penalties for motor vehicle for hire violations, requires amendment as part of the continuing update of motor vehicle for hire regulations.
ENCLOSURES:
1. SFMTAB Resolution
2. Amendments to Article 300, Section 310
APPROVALS: DATE
DIRECTOR OF DIVISION
PREPARING ITEM ______________________________________ ____________
FINANCE ___________________________________________ ____________
EXECUTIVE DIRECTOR/CEO ____________________________ ____________
SECRETARY ___________________________________________ ____________
ADOPTED RESOLUTION
BE RETURNED TO Christiane Hayashi
ASSIGNED SFMTAB CALENDAR DATE: __________________________
PAGE 2.
PURPOSE
To revise Article 300, Section 310 regarding motor vehicle for hire penalties.
GOAL
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
Rational and consistent penalties for violations of regulations are important for credibility with the regulated industry.
Goal 4: Financial Capacity: To ensure financial stability and effective resource utilization.
Objective 4.2: Ensure efficient and effective use of resources
Consistent penalties concisely described achieve an efficient and effective use of resources by reducing the need for extensive citation stock. Also by eliminating the progressive penalty structure the SFMTA reduces the burden on the enforcement agency and the industry regarding issues related to the number of offenses versus the amount of the fine. These amendments create greater consistency.
DESCRIPTION
This legislation:
1. Revises and increases certain penalties for motor vehicle for hire regulations.
2. Eliminates the progressive penalty structure and creates a single penalty for each violation.
3. Provides a simpler description of each violation.
4. Also, in accordance with Article 4, Section 10 of the SFMTA Board Rules of Order for the Revision of Rates, Charges, Fares, Fees and Fines. Taxi Services has published the notice of these intended changes in an official newspaper of the City and County for five days. In accordance with said rules, the March 1, 2011 hearing date is not less than fifteen days after the last publication of said notice.
The City Attorney has reviewed this report.
ALTERNATIVES CONSIDERED
If this legislation is not adopted, the penalties as currently listed will remain inconsistent and confusing. This change in legislation allows for simple readability and places the public and permit holders on notice regarding each violation and the amount of each violation.
FUNDING IMPACT
Changes to penalty provisions are for consistency and clarity and are not expected to have any funding impact.
OTHER APPROVALS RECEIVED OR STILL REQUIRED
None.
PAGE 3.
RECOMMENDATION
Staff recommends that the SFMTA Board adopt the proposed amendments to Transportation Code Division II, Article 300, Section 310.
SAN FRANCISCO
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
RESOLUTION No. ______________
WHEREAS, The penalties for violations of motor vehicle for hire regulations should be revised for consistency and clarity, to add penalties for newly created violations and to ensure that all violations have a corresponding penalty; now, therefore, be it
RESOLVED, That the San Francisco Municipal Transportation Agency Board of Directors adopts amendments to Transportation Code Article 300 Section 310, which sets forth penalties for motor vehicle for hire violations and modifies the motor vehicle for hire penalties by revising and increasing certain penalties, eliminating the progressive penalty structure, creating a single penalty for each violation, and providing a simpler description of each violation.
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
[Motor Vehicle for Hire Legislation]
Resolution approving amendments to the San Francisco Transportation Code, Division II, Section 310 to revise administrative fines for motor vehicle for hire violations.
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 amending Section 310 to read as follows:
Sec. 310. SCHEDULE OF FINES.
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 [begin addition] administrative [end addition] fines set forth below.
[begin deletion]
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$25/$50/$75 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TRANSPORTATION |
DESCRIPTION |
FINE AMOUNT |
CONDITIONS APPLICABLE TO ALL PERMITS |
||
Div II § 1105(a)(14) |
Current address |
$25 |
Div II § 1105(a)(9) |
Continuous operation |
$50 per day |
Div II § 1114(a) |
Records |
$75 |
Div II § 1105 (a)(17) |
Response time goals |
$150 |
Div II § 1105(a)(7) |
Compliance with lawful orders |
$200 |
Div II 1105(a)(6) |
Compliance with laws and regulations |
$450 |
Div II § 1105(a)(13) |
Shift Change; Unattended Vehicle |
$450 |
Div II § 1105(a)(13) |
Improper shift change |
$450 |
Div II § 1105(a)(8) |
Cooperation w/ regulatory entities; False statements |
$500 |
Div II § 1105(a)(12) |
Compliance with Paratransit Program |
$500 |
Div II § 1105(a)(10) |
Accepting/soliciting gifts from Drivers |
$600 |
Div II § 1105(a)(1) |
Operating without a permit |
$5000 |
CONDITIONS APPLICABLE TO COLOR SCHEME PERMITS |
||
Div II § 1106(s) |
Dissolution plan |
$50 per day |
Div II § 1114(e)(8) |
Emissions reduction plan |
$50 per day |
Div II § 1106(n) |
Required postings |
$75 |
Div II § 1106(o) |
Required notifications |
$75 |
Div II § 1114(e)(3) |
Receipts |
$75 |
Div II § 1114(e)(5) |
Vehicle inventory changes |
$75 |
Div II § 1114(e)(7) |
Weekly reporting requirements |
$75 |
Div II § 1106(e) |
Transfer of business; New location |
$250 per day |
Div II § 1106(k)(1) |
Facility to clean vehicles |
$250 |
Div II § 1106(i) |
Workers' Compensation |
$300 per day |
Div II § 1106(p) |
Obligations related to Drivers |
$400 |
Div II § 1106(r) |
Found property |
$400 |
Div II § 1114(e)(1) |
Waybills |
$400 |
Div II § 1114(e)(2) |
Medallion Holder files |
$400 |
Div II § 1114(e)(6) |
Current business information |
$400 |
Div II § 1122(c) |
Overcharging gate fees |
$500 |
Div II § 1106(c) |
Use of Dispatch Service |
$450 |
Div II § 1106(d) |
Business premises |
$450 |
Div II § 1106(h) |
Staffing requirements |
$450 |
Div II § 1106(l)(2-7) |
Use of spare vehicles |
$450 |
Div II § 1106(f) |
Telephone directory |
$500 |
Div II § 1106(j) |
Paratransit Broker contract |
$500 |
Div II § 1106(k)(2)(4) |
Unsafe/nonworking equipment |
$1000 |
Div II § 1106(q)(4) |
Driver operating under the influence |
$1000 |
Div II § 1106(a) |
Color Scheme Permit required |
$5000 |
Div II § 1106(l)(8) |
Leasing spare vehicles |
$5000 |
CONDITIONS APPLICABLE TO DISPATCH PERMITS |
||
Div II § 1107(a) |
Emergency plan |
$50 per day |
Div II § 1107(e) |
Adequate communications equipment |
$50 per day |
Div II § 1114(f)(1) |
Dispatch Service report |
$50 per day |
Div II § 1107(d) |
Service call records |
$75 |
Div II § 1107(f)-(j) |
Serving dispatch customers |
$75 |
Div II § 1114(f)(2) |
Found property recordkeeping |
$75 |
Div II § 1107(m) |
Workers' Compensation |
$300 per day |
Div II § 1107(c) |
Ramp Taxi response |
$400 |
Div II § 1107(k) |
Improper dispatching |
$500 |
CONDITIONS APPLICABLE TO DRIVER PERMITS |
||
Div II § 1108(c) |
Color Scheme affiliation |
$5 per day |
Div II § 1108(a) |
Driver identification |
$25 |
Div II § 1108(d)(2) |
Duties at beginning of shift |
$25 |
Div II § 1108(d)(3) |
Designated items in vehicle |
$25 |
Div II § 1108(e)(2) |
Transporting passenger property |
$25 |
Div II § 1108(e)(5) |
Loading and unloading assistance |
$25 |
Div II § 1108(e)(8) |
Additional passengers |
$25 |
Div II § 1108(e)(10)-(12) |
Mobile telephones; Other audible devices |
$25 |
Div II § 1108(e)(18)-(20), (22) |
Driver duties re fares |
$25 |
Div II § 1108(e)(26) |
Loose items |
$25 |
Div II § 1108(e)(27) |
Trunk and/or baggage area |
$25 |
Div II § 1108(e)(31) |
Clean in dress and person |
$25 |
Div II § 1108(e)(32) |
Taximeter violation |
$25 |
Div II § 1108(e)(33) |
Smoking, drinking or eating |
$25 |
Div II § 1108(f)(1)-(2) |
Duties at end of shift |
$25 |
Div II § 1114(b)(2) |
Badge |
$25 |
Div II § 1114(b)(3) |
Medical certificate |
$25 |
Div II § 1114(b)(4) |
Waybills |
$25 |
Div II § 1108(e)(4) |
Service animals or contained animals |
$50 |
Div II § 1108(d)(1) |
Safety check |
$75 |
Div II § 1108(e)(1) |
Refusal to convey |
$75 |
Div II § 1108(e)(7) |
Servicing dispatch calls |
$75 |
Div II § 1108(e)(9) |
Splitting fares |
$75 |
Div II § 1108(e)(16) |
Requesting gratuities |
$75 |
Div II § 1108(e)(24) |
Found property |
$75 |
Div II § 1108(e)(3) |
Transporting person with a disability in front seat |
$150 |
Div II § 1108(e)(6) |
Assisting and securing person with a disability |
$150 |
Div II § 1108(e)(14) |
Reckless or dangerous driving |
$150 |
Div II § 1108(e)(15) |
Ramp Taxi rules |
$150 |
Div II § 1122(d) |
Luggage charges |
$150 |
Div II § 1108(e)(25) |
Unsafe taxi |
$200 |
Div II § 1108(e)(30) |
Excessive force |
$200 |
Div II § 1108(b)(3) |
Criminal convictions |
$500 |
Div II § 1108(b)(4)(B) |
Controlled substances |
$500 |
CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI EQUIPMENT |
||
Div II § 1113(b)-(e), (g)-(j) |
Equipment and display requirements |
$25 |
Div II § 1113(m) |
Vehicle windows |
$25 |
Div II § 1113(o) |
Sanitary condition |
$25 |
Div II § 1113(a) |
Safe operating condition |
$75 |
Div II § 1113(k) |
Standard vehicle equipment |
$75 |
Div II § 1113(k)(13)-(14) |
Vehicle tires and wheels |
$75 |
Div II § 1113(m) |
Security cameras |
$75 |
Div II § 1113(n) |
Condition of vehicle |
$75 |
Div II § 1113(u) |
Working Taxi ramp |
$75 |
Div II § 1113(p) |
Vehicle title requirements |
$250 |
Div II § 1113(q)-(r) |
Excessive vehicle mileage or age |
$250 |
Div II § 1113(s) |
Vehicle inspections |
$250 |
Div II § 1113(s)(7) |
Fraud related to inspection |
$250 |
Div II § 1113(t) |
Replacement vehicle |
$250 |
Div II § 1113(v) |
Retired vehicles |
$250 |
Div II § 1113(f) |
Taximeters |
$300 |
CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI MEDALLIONS |
||
Div II § 1109(b) |
Use of Dispatch Service |
$75 |
Div II § 1110(a)(1)-(2) |
Wheelchair priority |
$150 |
Div II § 1110(b) |
Ramp Taxi Medallion in spare taxi |
$150 |
Div II § 1110(d) |
Ramp Taxi qualifications |
$150 |
Div II § 1109(c) |
Full-time driving requirement |
$24000 multiplied by percentage of hours short of the full time driving requirement |
[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
Copyright © 2000-2011 SFMTA. All rights reserved. Updated February 25, 2011