[Amending Article 1100 Division II of the Transportation Code.]

 

Resolution amending Article 1100 of Transportation Code Division II, 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.  The San Francisco Transportation Code, Division II, Article 1106 is hereby amended 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 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.

(b)       Color Scheme Trade Dress

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.  

(c)       Use of Dispatch Service

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.

(f)        Telephone Access

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.

(g)       Designated Manager

(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.

(h)       Staffing Requirements

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 Paratranist 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.

.(l)        Spare Vehicles

(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. 

(o)       Required Notifications

(1)       Color Schemes must notify the SFMTA of any injury accident involving any Motor Vehicle for Hire 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.

(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)        [begin addition] A Color Scheme shall not charge a Driver for any merchant account processing fees for fares paid by credit card [end addition] .

(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.

(r)        Found Property

(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.

(s)       Dissolution Plan

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 2.  The San Francisco Transportation Code, Division II, Article 1108 is hereby amended to read as follows:

SEC. 1108     CONDITIONS APPLICABLE TO DRIVER PERMITS

(a)       Driver Identification

Upon issuance of a Driver Permit, the SFMTA will issue to each Driver the following identification:

(1)       Driver Permit Card  (A-Card)

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.

(2)       Badge with the Permit Number

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.

(3)       Color Scheme Identification Card

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.

(b)       Renewal of Driver's Permits

(1)       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.

(2)       Controlled Substance Testing Program: Reserved.

(3)       Drivers have an affirmative duty to report any criminal convictions which would be a basis for denying a permit pursuant to Section [begin deletion] 1103(a)(4) [end deletion] [begin addition] 1103(c)(2)(F) [end addition] . A Driver Permit shall not be renewed if he or she has been convicted of any offense listed in Section [begin deletion] 1103(a)(4) [end deletion] [begin addition] 1103(c)(2)(F) [end addition] .

(4)       Controlled Substances

(A)        No Driver may operate a Motor Vehicle for Hire while his or her driving ability is impaired by any controlled substance, as defined in 21 CFR 1308.01 et seq. including prescription drugs.  No Driver may consume or be under the influence of any intoxicating substance while operating a Motor Vehicle for Hire.

(B)        Drivers shall maintain a drug and alcohol-free workplace and shall not sell, use, or possess alcohol or controlled substances, as defined in 21 CFR 1308.01 et seq., while operating a Motor Vehicle for Hire or at the Color Scheme’s place of business.

(c)       Notification to SFMTA of Change of Affiliation with Color Scheme

(1)       All Drivers must notify the SFMTA at least three business days prior to the effective date of any change of affiliation with a Color Scheme.  No Driver may affiliate with a Color Scheme that in on administrative probation pursuant to Section 1118(g). 

(2)       In accordance with California Government Code Section 53075.5(b)(1)(B), a Driver’s Permit shall become void upon termination of affiliation with a Color Scheme.

(3)       A Driver shall return his or her Color Scheme Identification Card to the Color Scheme 30 calendar days after terminating affiliation with the Color Scheme, and shall return his or her A-Card to the SFMTA 30 calendar days after terminating affiliation with the Color Scheme if by that date the Driver has not yet affiliated with a new Color Scheme

(d)       Driver Duties at Beginning of Shift

(1)       A Driver is required to perform a safety check on a 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 ramp and securement system.  If the Driver finds any unsafe equipment, 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.

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

(3)       A Driver is responsible for ensuring that their vehicle is supplied with the following items:

(A)        311 card;

(B)        Current copy of book of regulations issued by SFMTA;

(C)        A supply of receipts, preprinted with the name of the affiliated Color Scheme; and

(D)        Current maps of San Francisco and San Mateo counties or a functional GPS device.

(E)        Working flashlight.

(F)         Working ballpoint pen with black or blue ink.

(G)        SF Paratransit manual trip ticket forms.

(H)        Manual credit card transaction device and forms.

(4)       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. 

(e)       Driver Duties During Shift 

(1)       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, or paratransit passengers within the Paratransit Program service area, 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.  

(2)       A Driver shall not refuse to transport a passenger’s luggage, wheelchair or other mobility device, crutches or other property that can be transported within the confines of the vehicle’s trunk and/or passenger areas.

(3)       No Driver may refuse to transport a person with a physical disability in the front seat to accommodate the person’s physical disability.

(4)       A Driver shall not refuse to transport any service animal, or a secured, well-behaved and/or contained animal except when the Driver has documentation from a licensed physician of a medical condition that prevents contact with that type of animal on file with the SFMTA.  

(5)       A Driver shall, if requested, take reasonable measures to 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.

(6)       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.  

(7)       Every Driver must accept dispatch assignments, including, when available, an average minimum of one dispatch call per hour during each shift from their Dispatch Service.  Drivers must advise their Dispatch Service if they are unable to handle an accepted call within five minutes of the time when they acknowledged or accepted the call. 

(8)       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. 

(9)       Except as prohibited by the rules of the Paratransit Program, 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 in any amount in excess of the fare shown on the Taximeter at the time that the last passenger reaches their destination.

(10)     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.

(11)     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.

(12)     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.

(13)     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.  

(14)     A Driver shall not operate a Motor Vehicle for Hire in a reckless or dangerous manner. 

(15)     Ramp Taxi Service

(A)       Every Ramp Taxi Driver must log on the In-Taxi Equipment at the beginning of the shift.

(B)       Every Ramp Taxi Driver a 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.

(C)       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.

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

(16)     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 when the tip is only capable of being added to a payment only by action of the Driver.   

(17)     The Driver must keep any audio communication device required by this Article at an audible volume, or any visual communication device visible to the Driver at all times during the shift.

(18)     Drivers shall, at the beginning of a trip, inform any passenger whose 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 in accordance with Section 1122(b)(2) .

(19)     Drivers shall carry sufficient cash to be able to provide change for 20 dollars. 

(20)     Drivers shall, at the beginning of a trip, inform passenger(s) whose 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.

(21)     Drivers may charge a passenger less than the fare shown on the Taximeter at the end of a trip.

(22)     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. 

(23)     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.

(24)     Upon discovery, a Driver shall report the Found Property to the Dispatch Service immediately, and shall take reasonable measures to attempt to return Found Property in the vehicle to the rightful owner during the shift in which it was discovered.  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 or Dispatch Service at the end of the shift.  Drivers shall record a description of the Found Property on a form provided by the Color Scheme or Dispatch Service, stating 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.  

(25)     If during the course of the work shift, any equipment failure makes the continued operation of the Taxi or Ramp Taxi unsafe, including but not limited to a Ramp Taxi without the required number of functional tie-down securements and lap/shoulder seat belts, then the Driver shall immediately return to vehicle to the Color Scheme to be taken out of service.

(26)     The Driver shall not place or allow to be placed any loose items on the dashboard or rear shelf of the vehicle. 

(27)     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.

(28)     No Driver shall leave a vehicle unattended on a public street for more than 4 hours.

(29)     No Driver shall threaten, harass, or abuse another person, nor may a Driver speak in an obscene, threatening or abusive manner.

(30)     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.

(31)     Drivers shall be clean in dress and person.

(32)     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. 

(33)     [begin deletion] It shall be unlawful for any Driver to [end deletion] [begin addition] No Driver shall [end addition] burn any substance, drink, or eat while a passenger is in the vehicle.

(34)     Resolution of Fare Disputes

In any case of fare dispute between the Driver and passenger(s), the Driver shall call the police or, with the consent of the passenger, 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 or her original destination without additional charge.

(f)        Duties at End of Shift

(1)       Drivers shall turn in all completed Waybills to the Color Scheme at the conclusion of each shift.

(2)       The Driver shall remove any litter, personal items, and any other loose items that do not belong with the vehicle.

(3)       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 or Dispatch Services’ place of business, and shall obtain a receipt for the item regardless of value. 

[begin addition] (g) [end addition] [begin deletion]  (1) [end deletion] A Driver must return his or her A-Card to the SFMTA within 30 calendar days of 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 consecutive days but intends to resume driving a Motor Vehicle for Hire in the future, the SFMTA shall hold the A-Card on file until the Driver informs the SFMTA of his or her intention to resume driving.  Upon receiving such notice, the SFMTA shall return the A-Card to the Driver so long as all Filing Fees and Permit Fees are paid and the Driver remains qualified for the permit.

(h)       Controlled Substance Testing Program

Reserved.

Section 3.  The San Francisco Transportation Code, Division II, Article 1109 is hereby amended to read as follows:

SEC. 1109.    CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI MEDALLIONS

(a)       Affiliation With Color Scheme Required; Color Scheme Change

(1)       A Medallion Holder shall be deemed affiliated with a particular Color Scheme when the SFMTA approves his or her application pursuant to this Article, and shall entitle the Medallion Holder to the right to the use of that Color Scheme's trade dress and place of business. Color Schemes shall not unreasonably withhold the use of the trade dress and place of business once affiliation has been approved.

(2)       Affiliation with a Color Scheme and/or the failure of a Color Scheme to comply with this Article does not relieve the Medallion Holder of his or her responsibility to comply with all requirements of this Article applicable to the Medallion Holder.

(3)       A Medallion Holder may apply to the SFMTA for a change in affiliation.  The applicant’s choice of Color Scheme shall be subject to the prior approval of the SFMTA.   A Medallion Holder’s request for affiliation with a Color Scheme shall be approved unless the Color Scheme is on Administrative Probation pursuant to Section 1118(g).

(b)       Use of Dispatch Service

All Medallion Holders affiliated with a Color Scheme must utilize the same Dispatch Service. 

(c)       Full-Time Driving Requirement

(1)       Every Medallion Holder subject to the provisions of this section 1109(c) shall be a Full-Time Driver. 

(2)       Exception for Certain Permits

Notwithstanding any contrary provision in this Article, the requirements set forth in this Subsection [begin deletion] 1108(c) [end deletion] [begin addition] 1109(c) [end addition] shall not apply to any person holding a Medallion issued on or before June 6, 1978.

(3)       Declaration Required

No permit to operate a Taxi or Ramp Taxi shall be granted unless the Medallion Holder shall declare under penalty of perjury his or her intention actively and personally to engage as a Full-Time Driver.

(4)       Qualifying Vehicle

All Medallion Holders must drive the Taxi or Ramp Taxi associated with their Medallion when complying with Subsection [begin deletion] 1108(c) [end deletion] [begin addition] 1109(c) [end addition] unless that vehicle is unavailable.  

(5)       Medallion Holders Responsible for Documenting Compliance

A Medallion Holder has the responsibility to maintain his or her own business records, including Waybills. Only written Waybills completed in compliance with [begin deletion] Section(c)(5) [end deletion] [begin addition] all requirements [end addition] may be used to [begin addition] meet the Full-Time Driving requirement [end addition] [begin deletion] establish compliance with this subsection (3) [end deletion] .  Failure of a Color Scheme to maintain business records, including Waybills, as required by this Article shall not excuse a Medallion Holder from proving that he or she has satisfied this Subsection [begin deletion] 1108(c) [end deletion] [begin addition] 1109(c) [end addition] or any other requirement.   [begin addition] For the purpose of compliance with this Subsection 1109(c), a Waybill from driving a vehicle other than the vehicle affiliated with the Medallion will not be counted unless the SFMTA was notified pursuant to Section 1114(e)(8)(D) that the Taxi or Ramp Taxi associated with the Medallion was unavailable at that time.   [end addition]

 (6)      Partial Years

During the year that a Medallion is first issued or any year in which operation of the Medallion was temporarily suspended with the approval of the SFMTA in accordance with Section 1105(9), the number of driving hours required to meet the Full-Time Driving Requirement shall be reduced by the same proportion as the ratio of the Permit Holder’s excused driving hours to the hours remaining in the calendar year.

(7)       Exception for Color Scheme Key Personnel

(A)        Alternative Driving Requirement

Medallion Holders who are designated as “Key Personnel” by a Color Scheme may satisfy the Full-Time Driving requirement by driving 120 hours per year and performing 1,500 hours of work per year as Key Personnel for the Color Scheme.

(B)       Written Designation of Key Personnel

Each Color Scheme seeking to designate one or more of its employees for a calendar year pursuant to this Subsection [begin addition] 1109(c)(7) [end addition] [begin deletion] 1109(B) [end deletion] must file a written designation by December 1st of the preceding year.  A Permit Holder may not be designated as Key Personnel by more than one Color Scheme during a calendar year.  The SFMTA will only recognize as Key Personnel only those Medallion Holders named in a completed designation form filed by the Color Scheme as of December 1st.

(C)       Number of Key Personnel Designated at a Color Scheme

Each Color Scheme will be entitled to designate Key Personnel in accordance with the number of Medallions affiliated with that Color Scheme.  The number of Medallions affiliated with a particular Color Scheme for a calendar year shall be determined as of December 1st of the previous year, based on the records of the SFMTA. Only individuals already holding a Medallion by December 1 of that year may be considered for Key Personnel designation. The number of designated Key Personnel at a Color Scheme may not be increased or decreased during the subsequent calendar year even if the number of Medallions affiliated with that Color Scheme changes during the year.

A Color Scheme with 1 to 10 Medallions may not designate anyone as Key Personnel.

A Color Scheme with 11 to 20 Medallions may designate one person.

A Color Scheme with 21 to 40 Medallions may designate two people.

A Color Scheme with 41 to 60 Medallions may designate three people.

A Color Scheme with 61 to 80 Medallions may designate four people.

A Color Scheme with 81 to 100 Medallions may designate five people.

A Color Scheme with 101 to 150 Medallions may designate six people.

A Color Scheme with 151 to 200 Medallions may designate seven people.

A Color Scheme with 201 to 300 Medallions may designate eight people.

A Color Scheme with 301 to 400 Medallions may designate nine people.

A Color Scheme with over 400 Medallions may designate nine people, plus one additional person for every 100 Medallions over 400.

(D)       Statement of Work by Key Personnel

No later than February 1st of each year, each Color Scheme that has designated one or more employees as Key Personnel must submit a written Statement of Work on a form provided by SFMTA, demonstrating the number of hours during the previous calendar year that each of its designated Key Personnel worked on tasks related to the business of the Color Scheme, including but not limited to, office duties, dispatching, cashiering, or performing management duties. The Statement of Work shall be signed under penalty of perjury by both the Color Scheme and the Medallion Holder designated as Key Personnel.  The Color Scheme shall be responsible for submitting proof of employment with the Statement of Work, which shall consist of state or federal tax forms filed with the appropriate regulatory agency.  A Medallion Holder and/or Color Scheme that submit a falsely sworn Statement of Work shall be subject to automatic revocation of his or her Permit.

(E)       Partial Completion of Requirements

If a Medallion Holder performs at least 750 hours of work as designated Key Personnel for the a Color Scheme during the year but less than 1,500 hours, the Permit Holder shall be entitled to partial credit against the Full-Time Driving requirement on a pro rata basis. The credit shall correspond to the percentage of 1,500 hours that the designated Permit Holder worked for the company in such capacity. If a Permit Holder does not perform at least 750 hours of work as designated personnel for the Color Scheme during the year, the Permit Holder shall not be entitled to any credit against the Full-Time Driving requirement. 

(F)       Ramped Taxi Permit Holders Ineligible

Ramped Taxi Permit Holders are not eligible to be designated as Key Personnel.

(d)       Corporate Medallion Holders

            (1)        Permits Void in Event of Transfer or Sale of [begin addition] Permit Holder. [end addition] [begin deletion] Permittee [end deletion] .

Any Medallion held by a Permit Holder that is not a natural person shall be deemed null and void and revoked if any of the following circumstances has occurred since the issuance of the Medallion:

(A)    If the Medallion Holder is or was sold or transferred at any time after June 6, 1978.  For the purposes of this Section, a sale or transfer occurs upon a cumulative sale or transfer of either 10 percent or more of the stock or other ownership of the Medallion Holder, or 10 percent of the Permit Holder’s assets since June 6, 1978, unless such sale or transfer has the prior written approval of the SFMTA.

(B)    If the management or control of the Permit Holder is or has been transferred for consideration since the issuance of the permit;

(C)   If the Medallion Holder’s rights to receive income derived from the lease of a permit is assigned, transferred or sold.

Section 4.  The San Francisco Transportation Code, Division II, Article 1113 is hereby amended to read as follows:

SEC. 1113.    TAXI AND RAMP TAXI EQUIPMENT REQUIREMENTS

  (a)     All Taxis and Ramp Taxis must be maintained in a safe operating condition. Except as otherwise specified herein, all Taxi and Ramp Taxi Medallion Holders and Color Schemes are jointly and severally responsible for ensuring that all Taxis and Ramp Taxis for which they hold permits or with which they are affiliated meet all equipment requirements listed in this Section. In addition to imposing any applicable penalty for non-compliance with requirements, The SFMTA may remove any vehicle from service for any violation of this Section until the violation is corrected and the vehicle is inspected and approved by the SFMTA.

(b)       Equipment Placement

The placement or display of any equipment required by this Section 1113 shall not interfere with the Driver’s visibility or the operation of any O.E.M. equipment.

(c)       Exterior Display of Identifying Information

(1)       Vehicle Number

(A)       All Taxis and Ramp Taxis shall have the Vehicle Number painted on or applied with adhesive on the vehicle in numerals of a color which contrasts with the color of the rest of the vehicle.  Such number shall be at least four inches high and positioned directly under the windows on or within six inches of the forward most portion of both front doors and on the center, lower left or lower right corner of the rear facing portion of the trunk lid of the vehicle. 

(B)       The Vehicle Number shall be painted on the roof, hood or trunk of the vehicle in a color that contrasts with the color of the rest of the vehicle.  The numbers shall be a minimum of 18 inches in length and must fill the entire width of the roof, hood or trunk.  If the numbers are displayed on the roof, they shall be mounted and centered directly behind the top light.

(2)       San Francisco Taxicab

The words "San Francisco Taxicab" with letters at least two inches in height, in a color which contrasts with the color of the rest of the vehicle shall be painted or attached by the use of adhesive letters on both sides of the vehicle’s rear quarter panels and to the trunk directly above the rear bumper. 

(3)       Inspection Certificate

All Taxis and Ramp Taxis shall at all times conspicuously display a current and valid SFIA decal indicating satisfactory completion of vehicle inspection as required by Section 1113(s). 

(4)       Trade Name

Every Taxi and Ramp Taxi shall have the name of the Color Scheme with which the permit is affiliated painted in letters at least two inches in height on the exterior of the side doors of each side of the vehicle.

(5)       Trade Dress

The exterior of every Taxi and Ramp Taxi shall be well painted with the color(s) of the Color Scheme with which it is affiliated.

(d)       Interior Display of Information

(1)       Rate Card

Every Taxi and Ramp Taxi shall have permanently affixed to the interior of the vehicle, in a place easily visible to passengers, a clear display enclosing a card upon which shall be printed in plain, legible letters the schedule of rates that may be charged for carriage in such vehicle and such other provisions of this Article as the SFMTA may require. The display and its installed location in the vehicle must be approved by the SFMTA.

(2)       311 Card

Every Taxi and Ramp Taxi shall have a clear display to hold a 311 card permanently affixed to the interior of the vehicle in a place readily visible to any passenger.  The 311 card must clearly display the Vehicle Number and the name of the Color Scheme in plain, legible letters. 

(3)       Braille Display

All taxicab vehicles shall have a large sign in Braille mounted on the interior of the right rear door indicating the Vehicle Number and the name of the Color Scheme.

(4)       Driver Identification

Every Taxi and Ramp Taxi shall be equipped with a holder for a Color Scheme Identification Card, placed in such a position that any passenger in the vehicle has a clear view of the front of the Driver’s photo identification.

(e)       Communication Equipment

Every Taxi and Ramp Taxi shall be equipped with direct voice access and two-way communication with a Dispatch Service affiliated with the Taxi or Ramp Taxi.

(f)        Taximeters

(1)       Seal Required

The Taximeter installed in any Taxi and Ramp Taxi must have a current and valid seal from the Department of Public Health Weights and Measures.  Any Taximeter removed from a Taxi or Ramp Taxi with or without its seals intact and placed in the same or another Taxi or Ramp Taxi must be certified and resealed by the Weights and Measures.  Any Taxi or Ramp Taxi found to have Taximeter seals that are broken, removed, destroyed, marred or otherwise tampered with will be taken out of service until correctly repaired.

(2)       Temporary Operation

Pending a Department of Public Health Weights and Measures inspection, a Taximeter that is new or a Taximeter that has a seal that has been broken, adjusted, repaired or serviced, may be placed in service for 24 hours when properly sealed, installed, replaced or repaired by a licensed technician approved by the Department of Public Health Weights and Measures. If the technician fails to comply with any state laws or regulations governing the Taximeter, then the vehicle shall be removed from service until corrected. 

(3)       Installation

All Taximeter makes and models must meet the approval of the SFMTA prior to their installation in any Motor Vehicle for Hire, and must meet all requirements of the Paratransit Program.  The Taximeter shall be mounted no lower than either the lowest portion of the front window frame or the top of the dashboard in an area that is clearly visible at all times by any passenger in the vehicle. The Taximeter shall not be mounted in such a manner as to interfere with the intended function of O.E.M. equipment, including airbags.

(4)       Illuminating Devices

Each Taximeter shall be equipped with an illuminating device that enables a passenger to conveniently observe the meter and the amount of fare registered at all times for that trip at all hours of the day and night.

(g)       Safety Partition

Safety partitions of a design that is approved by the SFMTA may be installed in Taxi and/or Ramp Taxi vehicles at the option of the Color Scheme.

(h)       Emergency Equipment

All Taxis and Ramp Taxis shall have at all times a functional spare tire, a working jack and wrench to replace a flat tire, and 2 flares or 2 freestanding reflectors.

(i)         Signage and Displays

Only materials, signs and devices required by law or approved by the SFMTA may be placed on the windows, or displayed or hung inside or outside of a Taxi or Ramp Taxi.

(j)         Lights

(1)       Standard Lights

All O.E.M. lights must be maintained in working condition as designed, including headlights (high/low beam), parking lights, turn signals, tail and brake lights, inside dome light, dashboard lights, license plate light, emergency warning lights and side lights; and, all lenses of such lights are to be reasonably intact.  No O.E.M. light may be obstructed or disconnected during operation.  The "third" brake light shall be unobstructed and in good working condition at all times.  Any additional modifications must have prior approval by the SFMTA.

(2)       Top Lights

(A)       All Taxis and Ramp Taxis must be equipped with a working top light containing a light or lights permanently attached to the roof of the vehicle, which may either have the name of the Color Scheme printed on it, or the words "Taxicab", "taxi", "cab" or "meter rates".    

(B)       Each Driver shall ensure that such top light is illuminated at all times except when the vehicle is engaged in the transportation of a passenger.  The top light shall turn on while the Taximeter is in the non-recording position and shall turn off while the Taximeter is in the recording position. 

(k)       Standard Equipment

All Taxis and Ramp Taxis shall have the following standard equipment maintained in good working order such that the equipment functions effectively for the purpose for which it was intended:

(1)       Automatic door locks that can be controlled by the Driver

(2)       Available and easily visible seat belts in all seating positions where passengers may ride.

(3)       Rear view mirror and side view mirrors on both sides of the vehicle

(4)       Speedometer and odometer

(5)       Horn

(6)       Heater and air conditioner

(7)       Door hinges, locks and latches

(8)       Doors that operate easily and open and close securely from either the outside or inside of the vehicle.

(9)       Bumpers and body moldings in good condition and properly attached as the manufacturer intended.

(10)     Shock absorbers and springs

(11)     Windshield wipers with blades in good condition

(12)     Suspension

(13)     Steering

(14)     Brakes, including emergency brake

(15)     A holder for the Medallion placed in such a position that the Medallion is clearly visible from the front exterior of the vehicle and that is either attached to the dashboard or to the left side of the right front support beam, on the interior of the vehicle.

(16)     Exhaust system compliant with California law.

(17)     In-Taxi Equipment.

(l)         Tires and Wheels

All tires and wheels of Taxis and Ramp Taxis must comply with the following requirements:

(1)       Meet all requirements of the California Vehicle Code.

(2)       Be of matching design (i.e. all whitewalls or all black walls), and with matching hubcaps attached, either of original manufacturer design or of a design authorized by the SFMTA, unless wheels are of a custom design that does not use hubcaps.

(3)       Only O.E.M.-size tires of the same size used at the time of the Taximeter inspection may be used on any vehicle, including spare vehicles.

(4)       If a Taxi or Ramp Taxi is disabled because of a flat tire and the spare tire is not the O.E.M. size for normal operation, the vehicle shall remain out of service until a tire of the correct size is installed.

(m)      Windows

All windows and the windshields of Taxis and Ramp Taxis shall be kept clean and clear, both the outside and inside.  No additional tinting or reflective material may be placed on any vehicle window except factory installed tinting.  Only safety glass with the lowest factory installed tint may be used.  Nothing shall be placed in or on any portion of the vehicle in such a manner as to block the Driver's vision.

(n)       Cameras

(1)       All Taxis and Ramp Taxis shall be equipped with an approved operational security camera meeting SFMTA specifications and signage notifying passengers of the presence of the camera that complies with SFMTA requirements.  

(2)       The SFMTA shall develop a list of approved camera model/systems and specifications on an annual basis.

(o)       Sanitary Condition

(1)       Regular Cleaning of Vehicle

No Taxi or Ramp Taxi may be driven unless the interior is clean, orderly and kept free of offensive odors.

(2)       Disinfection of Vehicle

A Taxi or Ramp Taxi must be disinfected whenever required in writing by the Department of Public Health.

(3)       Interior of Vehicle

Seats, upholstery and rugs shall match the vehicle’s interior colors and must be kept in good repair.  They must not be torn, separated or ripped.  Seat springs may not be broken nor may they protrude through the upholstery.  Seats shall be firm and comfortable and the tension of the seat springs shall be evenly distributed.  Seat covers may not be used to replace upholstery unless the colors match the vehicle’s interior colors and they are sufficiently padded.

(p)       Vehicle Title

The principal vehicle authorized for the operation of a Taxi or Ramp Taxi Medallion may be registered only in the name of the Medallion Holder, Color Scheme, and/or a Driver holding a valid lease for the vehicle that meets the requirements of this Article.  [begin addition]  If  the vehicle is registered to the Driver, the registration must also include the name of the Medallion Holder or Color Scheme.  [end addition]

(q)       Vehicle Mileage

Starting mileage may not be more than 70,000 miles when a vehicle is placed into service.  No vehicle may be operated as a Taxi or Ramp Taxi after the vehicle has reached 350,000 miles. 

(r)        Vehicle Age

No vehicle may serve as a Taxi or Ramp Taxi vehicle if it is older than eight model years.  Beginning January 1, 2010, no vehicle which is older than seven model years may serve as a Taxi or Ramp Taxi; provided, however, that vehicles introduced into the fleet between January 1, 2007 and July 1 2008 shall be allowed to operate through December 31, 2010. Beginning January 1, 2011, no vehicle which is older than six model years may serve as a taxicab. Beginning January 1, 2012, no vehicle which is older than five model years may be used as a Taxi or Ramp Taxi vehicle.   

(s)       Inspections

(1)       Inspection Required

All Taxis and Ramp Taxis shall be inspected by the SFMTA or its designee every six months for spare vehicles and every 12 months for regular vehicles at a date and time designated by the SFMTA, and at any other time deemed necessary.  At the time of a scheduled inspection of the vehicle, the Color Scheme or Taxi or Ramp Taxi Medallion Holder must provide the following:

(A)       Valid and current State of California vehicle registration card in the name of the Permit Holder.

(B)       Valid and current Brake Certificate issued by an official inspection station certified by the State of California within 60 days prior to inspection.

(C)       Proof of insurance meeting the requirements of all applicable laws and regulations.

(D)       A Vehicle Introduction Form  signed and approved by the SFMTA. 

(2)       New Vehicle

If a new vehicle is purchased for use as a Taxi or Ramp Taxi, the vehicle owner may furnish a written certificate of compliance issued by the automobile dealership in lieu of the documents required in subparagraphs 1113(s)(1)(A) through 1113(s)(1)(D) above, provided that the certificate is dated within 60 days of the annual inspection. The automobile dealership must be certified by the State of California as an official inspection station.

(3)       Salvage Vehicle

No vehicle which has been designated as “Salvage” by the California Department of Motor Vehicles may be placed into service as a taxicab unless the vehicle has been inspected and approved by the SFMTA. The SFMTA may require documents to establish the chain of title for Salvage Vehicles.

(4)       Inspection Certification

Upon satisfactory completion of all inspection requirements the SFMTA shall affix an SFIA decal and transponder to the Taxi or Ramp Taxi which authorizes the Taxi or Ramp Taxi to be operated for the time period specified upon the decal.  All Taxi and Ramp Taxis shall have a valid and current SFIA decal.  The decal shall be conspicuously displayed on the Taxi or Ramp Taxi at all times.

(5)       Failing Inspection

If, on inspection, the Commission or its designee determines that a vehicle does not meet the requirements described in these Rules and Regulations or in the Municipal Police Code, the vehicle may fail inspection and may be ordered out of service until the condition(s) are corrected. A failed vehicle must be re-inspected and approved by the Commission or its designee before being returned to service and must pass another inspection in six months from the date of return to service. If a vehicle does not return to service within thirty (30) days it shall be permanently out of service, except by permission of the Commission or its designee and proof of repair. The decision to pass or fail a vehicle shall be at the sole discretion of the Commission or its designee.

(6)       Removal of Vehicle from Service

(A)       A Color Scheme shall make any vehicle available for inspection upon SFMTA request. If a Color Scheme fails to make a vehicle available for inspection or if the SFMTA determines that a vehicle is not in compliance with all applicable laws and regulations, the SFMTA may order the vehicle to be removed from service until it passes inspection. 

(B)       If the SFMTA determines that additional repairs or further inspection of the mechanical condition or safety equipment of a Taxi or Ramp Taxi by a licensed mechanic or technician is necessary, the Color Scheme shall make the necessary repairs or arrangements in order to determine if repairs are necessary, and must provide a statement of findings to the SFMTA from the repair person.

(7)       Fraud in Connection with Inspection Prohibited

Misconduct in connection with required inspection is strictly prohibited and is grounds for revocation of a permit.  Misconduct may include, but is not limited to, substitution of registered owners on a temporary basis for inspection purposes, or knowingly making false statements to SFMTA or SFPD or their designees in connection with an inspection.  This Section shall be strictly enforced to ensure the integrity of the San Francisco Taxi fleet and the safety of the public.

(t)        Condition of Vehicle

(1)       Vehicle Integrity

The vehicle shall be structurally sound and operate with minimum vibration and noise.

(2)       Vehicle Appearance

Vehicle bodies must be free of noticeable dents, rust and holes.  A Taxi or Ramp Taxi shall not be placed in service if: 

(A)       There are visible dents which exceed three square feet in any single area of the exterior surface of the vehicle, provided that the deepest point of depression ¾ of an inch deep or greater, or

(B)       There are visible dents which exceed four square feet of the total exterior surface of the vehicle, provided that the deepest point of depression is ¾ inch deep or greater, or

(C)       There are visible dents which exceed six lineal feet of the total exterior surface of the vehicle, provided that the deepest point of depression is ¾ inch deep or greater, or

(D)       There is any area of the exterior surface of the vehicle that contains a hole larger than six square inches or there is a visible dent which exceeds 144 square inches, provided that the deepest point of depression is more than two inches.

(u)       Replacement Vehicles

Whenever an existing Taxi or Ramp Taxi is replaced with another vehicle, the replacement vehicle must be inspected and approved prior to use.

(v)       Ramp Taxis

Every vehicle used as a Ramp Taxi shall have a ramp at least 30 inches wide.  Any new model of Ramp Taxi vehicle proposed for use as a Ramp Taxi shall be subject to the prior approval of the SFMTA and the Paratransit Coordinating Council.  

(w)      Retired Vehicles

No Permit Holder may offer any Taxi or Ramp Taxi vehicle for sale to the public until all remnants of the Color Scheme, including the top light and all exterior lettering, numbering, signage, and any other item required to be displayed on a Taxi or Ramp Taxi are removed.

(x)       Tobacco Advertising Ban

(1)       Color Schemes and Medallion Holders are prohibited from 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.

(2)       For the purposes of this subsection, "tobacco product" shall mean any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco. For the purposes of this Section, "promote" or "promotion" shall include a display of any logo, brand name, character, graphics, colors, scenes, or designs that are trademarks of a particular brand of tobacco product.

Section 5.  The San Francisco Transportation Code, Division II, Article 1122 is hereby amended to read as follows:

SEC. 1122.    FEES, RATES AND CHARGES

(a)       At any time during calendar year 2009, the SFMTA Board may review and in its sole discretion, increase or decrease the rates of fare and/or the cap on gate fees applied to motor vehicles for hire.  From time to time but no more than once per 12-month period, the SFMTA Board shall hold a hearing to determine 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

For out-of-town trips exceeding 15 miles beyond City limits, the fare will be 150 percent of the metered rate; for 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 from San Francisco International Airport traversing through San Francisco going to Marin County or to the East Bay 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.

(c)       Gate Fees

(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.

(d) [begin deletion] (c) [end deletion] Oversized Luggage Fee

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.

[begin addition] (e) [end addition] [begin deletion] (d) [end deletion]              Emergency Rates

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 Taxi or Ramp Taxi Driver shall 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 [begin deletion] 1115(b) [end deletion] [begin addition] 1122(b) [end addition] .

[begin addition] (f) [end addition] [begin deletion] (e) [end deletion]   Deduction for Time While Disabled

In the event that a taxicab, while conveying for hire any passenger or passengers, becomes disabled, or breaks down, the time of stoppage shall be deducted from the time for which the passenger is charged. 

Section 6.  The San Francisco Transportation Code, Division II, Article 1123 is hereby added to read as follows:

[begin addition]

SEC. 1123.      SCHEDULE OF FINES

Violation of any of the following subsections of the San Francisco Transportation Code shall be punishable by the fines set forth below.

 

FORMER CODE  SECTION	TRANSPORTATION  CODE SECTION	DESCRIPTION	FINE  AMOUNT  1st/2nd/3rd offense
CONDITIONS APPLICABLE TO ALL PERMITS
Police Code § 1078(a)	Div II § 1105(a)(1)	Operating without a permit	$5000
Taxi Comm. Rules §§ 4.A.4; 5.A.1; 5.A.4; 6.A.1; 8.A.1	Div I 1105(a)(6)	Failure to comply with laws and regulations	$75/$150/$450
Taxi Comm. Rules §§ 4.A.2; 5.A.2; 6.A.2, 6.A.3, 6.A.6	Div II § 1105(a)(7)	Failure to comply with SFMTA	$250/$400/$500
Police Code § 1110; Taxi Comm. Rules §§ 4.A.12; 5.A.9; 6.A.4, 8.A.16	Div II § 1105(a)(8)	False statements to SFMTA	$250/$400/$500
Police Code § 1096(a); Taxi Comm. Rule § 4.A.11	Div II § 1105(a)(9)	Failure to arrange continuous operation of a permit	$75/$150/$450
Taxi Comm. Rules §§ 5.A.7; 5.K.3, 8.A.13	Div II § 1105(a)(10)	Accepting and/or soliciting gifts from Drivers	$250/$400/$500
Taxi Comm. Rules §§ 4.A.9; 5.B.6; 6.C.4	Div II § 1105(a)(13)	Failing to shift change at company property	$75/$150/$450
Taxi Comm. Rules §§ 5.H.3, 5.H.12, 6.A.7, 6.A.8, 6.A.9	Div II § 1105(a)(14)	Failing to keep address current	$25/$50/$100
CONDITIONS APPLICABLE TO COLOR SCHEME PERMITS
Police Code § 1078(a)	Div II § 1106(a)	Operating without a permit	Prior SFMTA approval of $5000
Taxi Comm. Rules § 5.A.5	Div II § 1106(b)	Failure to submit photos upon request	$25/$50/$100
Police Code § 1123(b); Taxi Comm. Rules § 5.H.9	Div II § 1106(c)	Failure to adhere to dispatch service rules	$75/$150/$450
Taxi Comm. Rules § 5.H.1	Div II § 1106(d)	Failure to maintain business premises requirements	$75/$150/$450
Police Code § 1125; Taxi Comm. Rules § 5.H.12	Div II § 1106(e)	Failure to inform SFMTA before changing location and/or selling or transferring the business	$75/$150/$450
Taxi Comm. Rules § 5.H.5	Div II § 1106(f)	Failure to list color scheme in telephone directory	$250/$400/$500
Taxi Comm. Rules § 5.H.1; 5.H.6; 5.H.7; 5.H.8; 5.H.9	Div II § 1106(h)	Failure to employ adequate staff for color scheme	$75/$150/$450
Police Code § 1147.4; Taxi Comm. Rules § 5.H.16	Div II § 1106(i)	Failure to comply with worker’s compensation laws	$75/$150/$450
Police Code §§ 1097; 1099; 1140; 1147.2; Taxi Comm. Rules § 4.A.3; 5.C.1; 5.C.2; 5.E.1; 5.F.1.; 5.F.2	Div II § 1106(k)	Failure to maintain and clean vehicles; failure to address reported problems with vehicles	$75/$150/$450
Police Code § 1148.6; Taxi Comm. Rules § 5.D	Div II § 1106(l)	Violations related to designation and use of spare vehicles	$250/$400/$500
Taxi Comm. Rules §§ 5.A.3; 5.H.2; 5.H.11; 5.H.16; 5.H.17;	Div II § 1106(n)	Failure to post required certificates and other materials	$75/$150/$450
Taxi Comm. Rules § 5.B.6; 5.K.3; 5.H.13;	Div II § 1106(p)	Failure to meet obligations related to Drivers	$75/$150/$450
Police Code § 1107; Taxi Comm. Rules § 5.H.6; 5.I.1; 5.I.2; 5.I.3; 5.I.4; 5.I.5; 5.I.6;	Div II § 1106(r)	Failure to properly handle Found Property	$250/$400/$500
CONDITIONS APPLICABLE TO DISPATCH PERMITS
Taxi Comm. Rules § 8.A.12	Div II § 1107(a)	Failure to maintain an emergency plan	$75/$150/$450
Taxi Comm. Rules § 8.A.5	Div II § 1107(b)	Failure to list permit number in Yellow Pages	$250/$400/$500
Taxi Comm. Rules § 8.A.7	Div II § 1107(c)	Failure to ensure adequate ramp taxi response	$75/$150/$450
Taxi Comm. Rules §§ 8.A.6, 8.A.14	Div II § 1107(d)	Failure to keep adequate records of service calls and serve them	$75/$150/$450
Police Code § 1123(a); Taxi Comm. Rules § 8.A.15	Div II § 1107(e)	Failure to maintain adequate communications equipment	$250/$400/$500
Taxi Comm. Rules §§ 8.A.3; 8.A.4, 8.B.1	Div II § 1107(f)	Failure to maintain adequate staff for service calls	$250/$400/$500
Taxi Comm. Rules § 8.B.2	Div II § 1107(g)	Failure to advise customers of service delay	$25/$50/$150
Taxi Comm. Rules § 8.B.3	Div II § 1107(h)	Failure to advise customers of anticipated time of service	$25/$50/$150
Taxi Comm. Rules § 8.B.4	Div II § 1107(i)	Failure to identify service staff with unique identifier	$25/$50/$150
Taxi Comm. Rules § 8.B.4	Div II § 1107(j)	Failure of service staff to identify themselves	$25/$50/$150
Taxi Comm. Rules § 8.B.5	Div II § 1107(k)	Failure to dispatch requested color scheme to customer	$25/$50/$150
CONDITIONS APPLICABLE TO DRIVER PERMITS
Police Code § 1089(a), (g); Taxi Comm. Rules § 6.B.5	Div II § 1108(a)	Failure to carry, wear, or display proper identification	$75/$150/$450
Police Code § 1101; Taxi Comm. Rules § 6.G.1, 6.G.2, 6.G.3, 6.G.4	Div II § 1108(b)	Failure to report criminal convictions; use, sale or possession of controlled substance	$250/$400/$500
Taxi Comm. Rules § 6.A.8	Div II § 1108(c)	Failure to notify the SFMTA of change of Color Scheme affiliation, failure to return Driver Permit after terminating Color Scheme affiliation	$75/$150/$450
Police Code § 1100, 1123(a); Taxi Comm. Rules §§ 6.B.1, 6.B.2, 6.B.3, 6.B.4, 6.C.2, 6.C.3, 6.C.5, 6.C.7, 6.C.12, 6.C.14	Div II § 1108(d)(2)-(3)	Failure to perform duties at beginning of shift	$25/$50/$150
Taxi Comm. Rules §§ 5.C.2, 6.C.1, 6.C.15	Div II 1108(d)(1)	Failure to take vehicle out of service when safety equipment is inoperable	$250/$400/$500
Police Code §§ 1123(a); 1135, 1136; 1140; 1141, 1143; 1144; 1146, Taxi Comm. Rules §§ 6.C.6, 6.C.7 6.C.9, 6.C.11, 6.C.13, 6.C.14, 6.D.4, 6.D.5, 6.D.6, 6.D.9, 6.E.7, 6.E.8, 6.E.9, 6.E.10, 6.E.11, 9.A.7	Div II § 1108(e)(3), (8)-(15), (17)-(20),(22)-(23), (26)-(28), (31)-(33)	Failure to perform duties during shift	$25/$50/$150
Police Code § 1142; Taxi Comm. Rules § 6.E.1	Div II § 1108(e)(1)	Refusing to convey a passenger	$75/$150/$450
Taxi Comm. Rules §§ 6.E.4; 6.E.6	Div II § 1108(e)(2)	Refusing to transport luggage	$75/$150/$450
Taxi Comm. Rules § 6.E.5	Div II § 1108(e)(4)	Refusing to transport a service animal or a contained animal	$75/$150/$450
Taxi Comm. Rules § 6.E.3, 6.E.8, 9.A.6	Div II § 1108(e)(5)	Refusing to assist loading and unloading	$75/$150/$450
Taxi Comm. Rules §§ 6.E.3; 6.E.4	Div II § 1108(e)(6)	Refusing to assist and  secure a person with disabilities	$75/$150/$450
Taxi Comm. Rules § 6.C.10	Div II § 1108(e)(7)	Failure to accept and serve dispatch calls	$75/$150/$450
Police Code § 1142(b); Taxi Comm. Rules § 6.D.7	Div II § 1108(e)(16)	Requesting extra gratuities or charges	$75/$150/$450
Police Code § 1107; Taxi Comm. Rules § 6.F.1, 6.F.4	Div II § 1108(e)(24)	Failing to return Found Property during or after shift	$250/$400/$500
Taxi Comm. Rules § 6.C.1, 6.C.15	Div II § 1108(e)(25)	Keeping unsafe Taxi or Ramp Taxi in operation after discovery of safety issues	$250/$400/$500
Taxi Comm. Rules § 6.D.1, 6.D.2	Div II § 1108(e)(29)	Threatening, harassing or abusing another person	$250/$400/$500
Taxi Comm. Rules § 6.D.3	Div II § 1108(e)(30)	Using excessive physical force against a person	$250/$400/$500
Police Code § 1138, Taxi Comm. Rules §§ 6.C.8,  6.C.13, 6.C.14	Div II § 1108(f)(1)-(2)	Failure to  perform duties at end of shift	$25/$50/$150
Police Code § 1107; Taxi Comm. Rules § 6.F.2, 6.F.3, 6.F.4	Div II § 1108(f)(3)	Failure to turn in Found Property at end of shift	$250/$400/$500
CONDITIONS APPLICABLE TO TAXI AND RAMP TAXI MEDALLIONS
Taxi Comm. Rules § 6.C.11	Div II § 1109(b)	Failure to utilize Dispatch Service of affiliated Color Scheme	$25/$50/$150
Police Code §§ 1081(f); 1186; Taxi Comm. Rule § 4.A.10	Div II § 1109(c)	Failure to comply with Full-Time Driving Requirement	$30/hour or $140/day for each hour or day short of requirement
CONDITIONS APPLICABLE TO RAMP TAXI MEDALLIONS
Police Code § 1148.5; Taxi Comm. Rules § 9.A.5	Div II § 1110(a)	Failure to grant priority to service requests from wheelchair users	$250/$400/$500
TAXI AND RAMP TAXI EQUIPMENT REQUIREMENTS
Police Code § 1097; Taxi Comm. Rules § 4.A.3, 5.C.1	Div II § 1113(a)	Failure to maintain Taxis and Ramp Taxis in safe operating condition	$75/$150/$450
Taxi Comm. Rules § 5.C.31, 5.C.32	Div II § 1113(b)	Improper  equipment placement	$25/$50/$150
Police Code § 1125, 1126; Taxi Comm. Rules § 4.A.5, 5.C.16, 5.C.25, 5.C.26, 5.C.27	Div II § 1113(c)(1)-(2), (4)-(5)	Failure to meet exterior display requirements	$25/$50/$150 except as described below
Taxi Comm. Rules §§ 5.G	Div II § 1113(c)(3)	Failure to have proper inspection certificates	$250/$400/$500
Police Code § 1088(a), 1103;  Taxi Comm. Rules § 5.C.5, 5.C.28, 5.C.30, 5.C.31, 5.C.33	Div II § 1113(d)	Failure to meet interior display requirements	$25/$50/$150
Police Code § 1123, Taxi Comm. Rules § 5.E.1.c.	Div II § 1113(e)	Failure to provide communication equipment	$75/$150/$450
Police Code §§ 1140, 1144, Taxi Comm. Rules § 5.C.2	Div II § 1113(f)	Failure to provide working taximeter	$250/$400/$500
Taxi Comm. Rules § 5.C.8	Div II § 1113(h)	Failure to provide emergency equipment	$25/$50/$150
Taxi Comm. Rules § 5.C.6	Div II § 1113(i)	Improper vehicle signage	$25/$50/$150
Taxi Comm. Rules § 5.C.10	Div II § 1113(j)	Failure to maintain vehicle lights	$25/$50/$150
Taxi Comm. Rules § 5.C.4, 5.C.11, 5.C.12, 5.C.13, 5.C.14, 5.C.17, 5.C.18, 5.C.20, 5.C.21, 5.C.22, 5.C.23, 5.C.24	Div II § 1113(k)	Failure to maintain standard vehicle equipment	$25/$50/$150
Taxi Comm. Rules § 5.C.7, 5.C.19,	Div II § 1113(l)	Failure to maintain vehicle tires	$25/$50/$150
Taxi Comm. Rules § 5.C.9	Div II § 1113(m)	Failure to maintain vehicle windows	$25/$50/$150
Taxi Comm. Rules § 5.C.34	Div II § 1113(n)	Failure to maintain security cameras	$75/$150/$450
Police Code § 1099; Taxi Comm. Rules §§ 5.C.3, 5.F.1	Div II § 1113(o)	Failure to maintain sanitary condition	$25/$50/$150
Taxi Comm. Rules § 4.B.2	Div II § 1113(p)	Failure to meet  vehicle title requirements	$250/$400/$500
Taxi Comm. Rules § 4.A.8	Div II § 1113(q)-(r)	Operating vehicle with excessive mileage/age	$250/$400/$500
Taxi Comm. Rules § 4.A.6, 4.A.8, 5.G.8	Div II § 1113(s)	Failure to comply with inspection rules; failure to remove vehicles from service	$250/$400/$500
Taxi Comm. Rules § 5.C.15	Div II § 1113(t)	Failure to ensure safe vehicle condition	$25/$50/$150
Taxi Comm. Rules § 5.G.1	Div II § 1113(u)	Failure to submit replacement vehicle for inspection	$75/$150/$450
Taxi Comm. Rules § 9.A.1	Div II § 1113(v)	Failure to provide working Ramp Taxi ramp	$250/$400/$500
Taxi Comm. Rules § 5.B.5	Div II § 1113(w)	Failure to remove markings from taxis prior to re-sale	$75/$150/$450
RECORDS AND REPORTING REQUIREMENTS FOR ALL PERMIT HOLDERS
Police Code § 1138; Taxi Comm. Rules §§ 5.H.2, 5.H.3, 5.H.4, 5.H.10	Div II § 1114(a)	Failure to maintain or provide records in manner required	$75/$150/$450
Police Code § 1141(b); Taxi Comm. Rules § 6.B.4	Div II § 1114(b)(1)	Failure of Driver to provide receipts to passengers upon request	$25/$50/$150
Taxi Comm. Rules § 6.B.5	Div II § 1114(b)(2)	Failure of Driver to provide badge number to passenger upon request	$75/$150/$450
Taxi Comm. Rules § 6.A.10	Div II § 1114(b)(3)	Failure to maintain medical certificate	$75/$150/$450
Police Code § 1138; Taxi Comm. Rules § 6.C.8	Div II § 1114(b)(4)	Failure of Driver to keep Waybills as required	$25/$50/$150
Taxi Comm. Rules § 5.H.10, 5.H.14	Div II § 1114(e)(1)	Failure of Color Schemes to meet  Waybill requirements	$25/$50/$150
Taxi Comm. Rules § 5.K.3	Div II § 1114(e)(4)	Failure to issue receipts to Drivers for payments made	$25/$50/$150
Taxi Comm. Rules § 5,B,8, 5.G.1	Div II § 1114(e)(6)	Failure to submit vehicle inventory changes	$75/$150/$450
Taxi Comm. Rules § 5.H.12, 5.H.2, 5.H.4	Div II § 1114(e)(7)	Failure to maintain current business information	$75/$150/$450
Taxi Comm. Rules § 5.H.15, 5.I.4	Div II § 1114(e)(8)	Failure to meet weekly reporting requirements	$25/$50/$150
Taxi Comm. Rules § 8.A.8	Div II § 1114(e)(1)	Failure of Dispatch Service to provide annual service report	$75/$150/$450
Taxi Comm. Rules § 5.I.3	Div II § 1114(e)(2)	Failure to provide reports of and receipts for Found Property	$75/$150/$450
Police Code § 1136; Taxi Comm. Rules § 6.E.8	Div II § 1122(d)	Overcharging a passenger for luggage	$25/$50/$150

 

 [end addition]

 

APPROVED AS TO FORM:

DENNIS J. HERRERA, City Attorney

 

 

By:                                                                  

            STEPHANIE STUART

            Deputy City Attorney