Scope and Purpose of Regulations. | |
Definitions. | |
Permit Applications and Renewal. | |
Eligibility. | |
General Permit Conditions. | |
Conditions Applicable to Color Scheme Permits. | |
Conditions Applicable to Dispatch Service Permits. | |
Conditions Applicable to Driver Permits. | |
Conditions Applicable to Medallions. | |
Conditions Applicable to Ramp Taxi Medallions. | |
Taxi and Ramp Taxi Equipment Requirements. | |
Records and Reporting Requirements Applicable to Permit Holders. | |
Determination of Number of Permits. | |
Taxi Medallion Transfer Program. | |
Permit Issuance; Notice of Inactive Status. | |
Revocation, Suspension, and Administrative Fines. | |
Administrative Fines Assessed Against Non-Permit Holders. | |
Administrative Hearings. | |
Summary Suspension of Permit for Health or Safety Reasons. | |
Administrative Probation. | |
Notices. | |
Taxi Fares and Fees; Gate Fees. | |
(a) Scope of Regulations.
(1) Classes of Permits. This Article 1100 shall apply to the following classes of permits issued by the SFMTA:
(A) Permits issued to a person:
Driver Permits.
(B) Permits issued to a person, joint tenants, or Business Entity for use with an identified vehicle or vehicle(s):
Taxi/Ramp Taxi Medallions.
(C) Permits issued to a business that affiliates with permitted vehicles:
(i) Color Scheme Permits.
(ii) Dispatch Service Permits.
(2) Exclusion for Certain Vehicles. This Article 1100 shall not apply to the operation of a motor vehicle:
(A) Engaged in the business of, or used for, transporting passengers for hire when such motor vehicle is operated under and by authority of public convenience and necessity issued by the Public Utilities Commission of the State of California (CPUC) to the extent that the commercial operation of such a Motor Vehicle for Hire is entirely within the scope of such certificate; however, this Article shall apply to such motor vehicles for hire operating without a permit in violation of Section 1105, and no such vehicle may solicit any passenger or accept any passenger, while in the City, unless such transportation is on a pre-arranged basis, consistent with California Public Utilities Code Section 5360.5;
(B) Licensed by any city, city and county, county or other public entity as a motor vehicle for hire which may enter the City and County of San Francisco for the purpose of delivering passengers who have hired the vehicle in a jurisdiction in which it is licensed to operate, provided, however, that no such motor vehicle for hire may solicit or accept any passenger while in the City;
(C) That is regularly operated by a business to transport employees whether within the City or otherwise, provided, however that no such motor vehicle for hire may solicit or accept any passenger while in the City except on a pre-arranged basis, and in conformance with applicable SFMTA rules and regulations;
(D) Operated as a private ambulance and regulated by Article 14 of the San Francisco Health Code; or
(E) Operating on fixed tracks or rails.
(3) Application of Regulations to Permit Holder Conduct. This Article applies to the conduct of Permit Holders at all times while engaged in activity related to the permit.
(b) Purpose of Regulations; Limitation of Liability. It is the purpose of this Article to require all persons, businesses or corporations holding permits issued pursuant to this Article to take steps to improve taxi service to the public and to protect the public health and safety when providing such service. By adopting this Article, the SFMTA is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(c) Notice of Regulations. The SFMTA shall offer a copy of this Article 1100 or directions for accessing the online version to each person who is applying for or renewing a permit at the time of application or renewal.
(d) Incompatible Activities. No permit governed by this Article may be issued to an employee of the SFMTA except with the prior written approval of the Director of Transportation.
(e) Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be invalid or ineffective, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The SFMTA Board hereby declares that it would have adopted and promulgated each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid or ineffective.
(SFMTA Bd. Res. No. 09-23, 2/23/2009; SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 170103-004, Ad. 1/3/2017, Eff. 2/3/2017; SFMTA Bd. Res. No. 171017-134, Ad. 10/17/2017, Eff. 11/17/2017; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018)
For purposes of this Article 1100, the following words and phrases shall have the meanings set forth below:
“8000 Series Medallion” shall mean a permit issued by SFMTA to a Color Scheme that qualifies to operate a particular hybrid, Compressed Natural Gas (CNG) or electric taxi vehicle, or other vehicle as authorized by the SFMTA, in accordance with permit conditions set by the SFMTA and may not be transferred or surrendered for consideration under Section 1116.
"A-Card" or "Driver Permit" shall mean a permit issued by the SFMTA to operate a Taxi or Ramp Taxi in the City.
"Administrative Probation" shall mean the status of being substantially out of compliance with this Article according to a written determination of Administrative Probation issued by the SFMTA.
“Affiliate Medallion Operator” shall mean a Medallion Holder who owns and maintains the vehicle(s), purchases insurance for the vehicle(s), hires and schedules the Drivers of the vehicle(s), collects the Gate Fees, and issues receipts to the Drivers.
“Application Fee” shall mean a fee in an amount established by the SFMTA Board, due upon application for a permit, and including any late payment penalties or interest for failure to pay in accordance with the requirements of this Article of any other regulation adopted by the SFMTA Board.
“Business Entity” shall mean any corporation, partnership, limited liability, or other form of business organization recognized by the California Secretary of State.
“Citation” shall mean a notice informing an individual or entity who is a member of the public or a Permit Holder that they have violated any statute, ordinance, or regulation governing the operation or licensing of Motor Vehicles for Hire.
"Color Scheme" shall mean either the design or trade dress of a vehicle used as a Taxi or Ramp Taxi that is distinct to the fleet of a Color Scheme business that provides taxi service, or a business that provides taxi-related services to affiliated Drivers and Medallion Holders, including any owner, manager, employee, lessee and any agent of such business.
"Color Scheme Permit" shall mean a permit issued by the SFMTA, to operate a Color Scheme in the City.
"Complaint" shall mean a document issued by SFMTA upon receipt of the Respondent's request for a hearing on a Citation, Notice of Nonrenewal, Notice of Inactive Status, or Notice of Summary Suspension, which shall contain information about each alleged violation or basis for nonrenewal, inactive status, or summary suspension.
“Dispatch Service” shall mean an entity that holds a Dispatch Service Permit to dispatch Taxis and Ramp Taxis that are affiliated with a Color Scheme that is affiliated with the Dispatch Service, and that receives communications from the public regarding taxi service for the purpose of forwarding such communications to a Driver Permit Holder, and shall include any owner, manager, employee, lessee, and any agent of said service. “Dispatch Service” shall not include any service through which the public is able to communicate directly with Drivers, and shall not include any effort on the part of a Driver to market their services to the public.
"Dispatch Service Permit" shall mean a permit issued by the SFMTA to operate a Dispatch Service in the City.
"Driver" shall mean either a person who holds a Driver Permit issued by the SFMTA to operate a Motor Vehicle for Hire or a person engaged in the mechanical operation and having physical charge or custody of a Motor Vehicle for Hire while said Motor Vehicle for Hire is available for hire or is actually hired.
"Driver Permit" or "A-Card" shall mean a permit issued by the SFMTA to operate a Taxi or Ramp Taxi.
"Driver Roster" shall mean a daily shift schedule listing the shift assignment, Driver's name, Vehicle Number and Medallion number, if different, and the hours worked for that shift.
“Driver Training Course” shall mean a mandatory training course for new or current Drivers that is provided by the SFMTA or is provided by an outside entity and certified in accordance with procedures adopted by the Director of Transportation, to comply with requirements adopted by the Director of Transportation.
“E-Hail” shall mean the use of any electronic device to request taxi service in any manner, including but not limited to internet site, email, text message, push notification, or application, for the connection of or communication between a passenger and a taxi Driver, or any agent thereof, irrespective of whether such communication is from a portable or handheld device, monitor, smartphone or other electronic device or unit, excluding telephone voice communication.
“Electronic Taxi Access System” shall mean a data collection software system for the real-time reporting of all required Electronic Trip Data.
“Electric Vehicle Taxi Medallion” shall mean a permit issued by the SFMTA to a Color Scheme that meets SFMTA’s performance standards to operate an electric vehicle, subject to conditions imposed by the SFMTA.
"Electronic Trip Data" shall mean the data regarding each Taxi trip that the Dispatch Service Permit Holder is required to provide to the SFMTA under Section 1114(f)(1).
“Found Property” shall mean any personal property found in or about a Motor Vehicle for Hire by a Driver or delivered to a Driver, Color Scheme, or Dispatch Service by any person who has found such property.
“Full-Time Driver” or “Full-Time Driving” shall mean any Driver actually engaged in, or the activity comprised of (respectively) the mechanical operation and physical charge and custody of a Taxi or Ramp Taxi which is available for hire or actually hired for at least 156 four-hour shifts or 800 hours during a fiscal year.
“Gas and Gates Medallion Operator” shall mean a Medallion Holder that contracts for the operation of the Medallion by a Color Scheme that owns the Taxi or Ramp Taxi vehicle, purchases insurance for the vehicle, hires and schedules the Drivers of the vehicle, collects the gate fees, issues receipts to the Drivers, and makes regular payments to the Medallion Holder for the use of the Medallion.
“Gate Fee” shall mean any monetary fee or other charge or consideration, or any combination thereof, paid by a Driver who is not a Taxi or Ramp Taxi Medallion Holder for the privilege of driving a Taxi or Ramp Taxi, and for receipt of all services provided in connection with such privilege, whether said fee, charge, or consideration is set orally or in writing, and regardless of the terms of payment.
“In-Taxi Equipment” shall mean hardware and software that enables the real-time processing of paratransit debit card transactions and consisting of, at a minimum, a Taximeter, magnetic swipe reader, user interface (display and function buttons), high speed receipt printer, GPS receiver, cellular modem, and antennae (cellular and GPS).
“Initial Transfer” shall mean the transfer of a Surrendered or newly issued Medallion by the SFMTA to a Transferee under the Medallion Transfer Program, or the transfer of a Medallion to a Transferee under the former Taxi Medallion Sales Pilot Program.
“Key Personnel” shall mean a Taxi Permit Holder who works in an administrative capacity or performs functions integral to a Color Scheme or Dispatch Service, who is a bona fide employee on the payroll of the Color Scheme or Dispatch Service, and who works on-site at the Color Scheme’s or Dispatch Service’s principal place of business.
"Lease" shall mean an otherwise lawful written agreement between a Color Scheme and a Medallion Holder that, for consideration, authorizes the operation of a Taxi or Ramp Taxi Medallion by a Color Scheme in accordance with Section 1109(e)(1).
"Lease Fee" shall mean any monetary fee or other charge or consideration, or any combination thereof, charged by or paid to a Taxi or Ramp Taxi Medallion Holder for the privilege of operating that Medallion, pursuant to Section 1109(e), for any period of time.
“Medallion” shall mean a permit issued by the SFMTA to an individual, joint tenants, or a Business Entity to operate a particular Taxi or Ramp Taxi vehicle in the City.
“Medallion Application” shall mean the form provided by the SFMTA and completed by an individual, joint tenants, or Business Entity that wishes to purchase a Medallion.
“Medallion Holder” shall mean the individual, joint tenants, or Business Entity to which a Medallion was issued.
“Medallion Surrender Payment” shall mean the amount of money paid by the SFMTA to a Medallion Holder in exchange for surrender of the Medallion so that the SFMTA may transfer it to a new Medallion Holder.
"Medallion Transfer Allocation" shall mean the percentage of the Medallion Transfer Price that shall be paid to the SFMTA from the proceeds of the Retransfer of a Medallion.
"Medallion Transfer Price" shall mean the fixed price paid by the Transferee for the transfer or Retransfer of a Medallion, to be set by the SFMTA in accordance with this Article.
“Medallion Transfer Program” shall mean the program allowing the SFMTA to transfer Surrendered Medallions, or newly issued Medallions, at the Medallion Transfer Price and allowing certain Medallion Holders to Retransfer their Transferable Medallions at the Medallion Transfer Price in accordance with the terms of Section 1116 of this Article.
"Model Year" shall mean a model year designated by the manufacturer at the time of first assembly as a completed vehicle.
“Motor Vehicle for Hire” shall mean every type of privately owned motor vehicle, as defined in the Vehicle Code, which is available for hire and over which the City may exercise jurisdiction, except as otherwise specified in this Article 1100. For purposes of this Article, “Motor Vehicle for Hire” shall not include Non-Standard Vehicle as defined in Section 1202 of this Code.
“Motor Vehicle for Hire Permit” shall mean a permit issued by the SFMTA for the operation of an identified vehicle for the purpose of transporting passengers for a price, including Taxi or Ramp Taxi Medallions, and does not include Dispatch Service, Color Scheme, Driver, or Non-Standard Vehicle Permits.
“Non-Transferable Medallion” shall mean a Medallion that is not eligible for the Medallion Transfer Program.
"Notice of Denial" shall mean a notice informing an applicant for a permit that the SFMTA has decided to deny the application for the permit under Section 1117 of this Article.
"Notice of Grant" shall mean a notice informing an applicant for a permit that the SFMTA has decided to grant the application for the permit under Section 1117 of this Article.
"Notice of Inactive Status" shall mean a notice informing an applicant for a permit that the SFMTA no longer deems the application active due to the occurrence of one or more of the events described in Section 1103(b) of this Article.
"Notice of Nonrenewal" shall mean a notice informing a Permit Holder that the SFMTA has determined that the permit will not be renewed in accordance with Section 1105(a)(5)(B) of this Article.
"Notice of Summary Suspension" shall mean a notice informing a Permit Holder that the SFMTA has decided to summarily suspend the permit in accordance with Section 1121 of this Article.
“Original Equipment Manufacturer (O.E.M.)” shall mean any equipment installed on a vehicle when the vehicle was initially manufactured.
"On-Board Diagnostic (OBD) Device" shall mean a device used to supplement the dispatch equipment installed in the Taxi if such equipment is incapable of delivering the Electronic Trip Data to the Electronic Taxi Access System in real-time.
"Paratransit Broker" shall mean the contractor retained by SFMTA to administer the Paratransit Program.
"Paratransit Coordinating Council" shall mean the Community Advisory Committee that advises the SFMTA regarding paratransit services.
"Paratransit Debit Card" shall mean the fare media issued through the Paratransit Program for use in taxis or other vehicles that are associated with the Paratransit Program.
"Paratransit Program" shall mean the SFMTA program to provide transit services for people unable to independently use public transit because of a disability or disabling health condition.
“Participating Color Scheme” shall mean a Color Scheme that has entered into an agreement with the SFMTA for the operation of Medallions that are part of the Medallion Transfer Program, in accordance with Section 1116(n) of this Article.
“Passenger Payment Device” shall mean a payment card industry-compliant device that allows customers to swipe their own credit card and choose their own tip amount. Formerly known as a Passenger Information Monitor (PIM).
“Payment Card Industry Data Security Standard (PCI DSS)” shall mean the worldwide information security standard assembled by the Payment Card Industry Security Standards Council to help organizations that process card payments prevent credit card fraud.
"Permit Fee" shall mean a fee in an amount established by the SFMTA Board, required to be paid by a permit applicant for permit issuance or renewal, including any late payment penalties or interest for failure to pay in accordance with the requirements of this Article and any other regulations adopted by the SFMTA Board.
“Permit Holder” shall mean any person, joint tenants, Business Entity, firm, partnership, association, or corporation which holds any permit issued by or under the authority of the SFMTA to drive, operate or cause to be operated any Motor Vehicle for Hire or to operate any Dispatch Service or Color Scheme pursuant to this Article, and any agent of such Permit Holder including, but not limited to, any owner, manager, employee, or lessee of such Permit Holder.
"Police Department" shall mean the Police Department of the City and County of San Francisco.
“Post-K Medallion” shall mean a Medallion issued to a natural person after June 6, 1978 and prior to the implementation of the Taxi Medallion Sales Pilot Program on March 28, 2010. Post-K Medallions are exclusive to natural persons and are eligible for surrender for consideration in accordance with Section 1116.
“Pre-K Corporate Medallion” shall mean a Medallion issued to a corporate entity prior to June 6, 1978 that is not eligible for surrender for consideration in accordance with Section 1116 of this Article.
“Pre-K Medallion” shall mean a Medallion issued to one or more natural persons prior to June 6, 1978 that is not eligible for surrender for consideration in accordance with Section 1116 of this Article.
"Prohibited Drugs" shall mean marijuana, amphetamines, methylenedioxymethamphetamine (MDMA), methylenedioxyamphetamine (MDA), opiates, phencyclidine (PCP), and cocaine.
"Qualified Lender" shall mean a lender approved by the Director of Transportation to finance the transfer of Medallions under the former Taxi Medallion Sales Pilot Program or the Taxi Medallion Transfer Program.
“Ramp Taxi” or “Wheelchair Accessible Vehicle” shall mean a Taxi that is specially adapted with access for wheelchair users.
“Ramp Taxi Medallion” shall mean a permit issued by the SFMTA to operate a particular Taxi vehicle that is specially adapted with access for wheelchair users and is not eligible for surrender for consideration or transfer under Section 1116.
"Ramp Taxi Program" shall mean the SFMTA program that oversees the delivery of transportation services to individuals whose disabilities require the use of vehicles equipped with a ramp.
"Rates of Fare" shall mean the fees and charges that are authorized by the SFMTA Board that may be charged to the public by a Permit Holder in consideration for transport by a Motor Vehicle for Hire.
"Renewal Fee" shall mean a fee in an amount established by the SFMTA Board, payable as a condition for renewal of a permit, and including any late payment penalties or interest for failure to pay in accordance with the requirements of this Article or any other regulation adopted by the SFMTA Board.
"Respondent" shall mean a person or entity to whom a Notice of Nonrenewal under Section 1105(a)(5)(B), Notice of Inactive Status under Section 1103(b)(4), Notice of Summary Suspension under Section 1121, Citation under Section 1119(a), or Citation for a violation listed under Section 1118(a) is delivered.
"Response Time Goals" shall mean the measure of industry performance expressed by the time elapsed between the time a Dispatch Service receives a request for service to the time that a Taxi or Ramp Taxi actually arrives at the location specified by the customer for pick up. The currently applicable Response Time Goals are as follows:
(1) 70% of the time, a Taxi or Ramp Taxi will arrive within 10 minutes of the service call.
(2) 80% of the time, a Taxi or Ramp Taxi will arrive within 15 minutes of the service call.
(3) 99% of the time, a Taxi or Ramp Taxi will arrive within 30 minutes of the service call.
"Retransfer" shall mean the transfer of a Transferable Medallion by the SFMTA to a Transferee under the Medallion Transfer Program.
"SFMTA" shall mean the San Francisco Municipal Transportation Agency of the City, or any predecessor agency with regulatory jurisdiction over Motor Vehicles for Hire, or its authorized designee.
"Surrendered Medallion" shall mean a Medallion surrendered to the SFMTA in exchange for receipt of the Medallion Surrender Payment in accordance with Section 1116 of this Article.
“Taxi” shall mean a vehicle operated pursuant to a Taxi or Ramp Taxi Medallion that is legally authorized to pick up passengers within the City with or without prearrangement, of a distinctive color or colors and which is operated at rates per mile or upon a waiting-time basis, or both, as measured by a Taximeter, and which is used for the transportation of passengers for hire over and along the public streets, not over a defined route but, as to the route and destination, in accordance with and under the direction of the passenger or person hiring such vehicle.
“Taxi Driver Drug and Alcohol Testing Policy” shall mean the policy adopted by the SFMTA Board on October 20, 2015, as may be amended from time to time, and which is in compliance with California Government Code Section 53075.53, which requires that local entities regulating taxicab service adopt a mandatory drug and alcohol testing program for Taxi Drivers.
"Taxi Medallion Sales Pilot Program" shall mean the former program adopted by the SFMTA Board of Directors for the transfer of certain Medallions at an established price to a Transferee who is qualified to hold a Medallion under this Article.
"Taximeter" shall mean a device attached to a Motor Vehicle for Hire which mechanically or electronically calculates the fare to be charged to the passenger, either on the basis of distance traveled or for waiting time, or a combination thereof, and upon which the amount of the fare is indicated by means of numerals in dollars and cents.
“Transferable Medallion” shall mean a Medallion that is transferable because it has been transferred at least once in accordance with Section 1116 of this Article or it has been newly issued by the SFMTA on or after March 28, 2010. Medallions that have never been transferred but are held by Medallion Holders who are eligible to surrender their Medallions under the provisions of Section 1116(a)(1) or (a)(2) are not Transferable Medallions.
“Transferee” shall mean an individual, joint tenants, or Business Entity that qualifies under Section 1116(c) of this Article as a recipient of the transfer or Retransfer of a Medallion.
“Transferor” shall mean a Medallion Holder who qualifies under Section 1116(d) of this Article to Retransfer a Transferable Medallion(s).
"Use Agreement" shall mean an agreement between the SFMTA and a Color Scheme Permit Holder or a Driver granting the Color Scheme or Driver a designated Medallion for a specified period of time in accordance with the conditions stated in the agreement and in exchange for a monthly fee payable to the SFMTA.
"Vehicle Number" shall mean the unique identifying number associated with each Taxi or Ramp Taxi vehicle.
“Waiting List” shall mean a list of applicants for Taxi Medallions for whom such Medallions are not yet available, maintained in the order of receipt of complete applications from qualified applicants.
“Wheelchair Accessible Vehicle” or “WAV,” also known as “Ramp Taxi,” shall mean a Taxi that is specially adapted with access for wheelchair users.
(SFMTA Bd. Res. No. 09-23, 2/23/2009; SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 09-183, 10/20/2009; SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 10-055, 4/20/2010; SFMTA Bd. Res. No. 10-149, 11/16/2010; SFMTA Bd. Res. No. 11-017, 2/1/2011; SFMTA Bd. Res. No. 11-155, Ad. 12/6/2011, Eff. 1/6/2012; SFMTA Bd. Res. No. 12-110
, Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. 12-111
, Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. 12-146
, Ad. 11/20/2012, Eff. 12/21/2012; SFMTA Bd. Res. No. 13-033
, Ad. 3/19/2013, Eff. 4/19/2013; SFMTA Bd. Res. No. 13-048
, Ad. 4/16/2013, Eff. 5/17/2013; SFMTA Bd. Res. No. 13-174
, Ad. 6/18/2013, Eff.7/19/2013; SFMTA Bd. Res. No. 13-199
, Ad. 8/20/2013, Eff. 9/19/2013; SFMTA Bd. Res. No. 13-218
, Ad. 9/17/2013, Eff. 10/17/2013; SFMTA Bd. Res. No. 13-230
, Ad. 10/15/2013, Eff. 11/15/2013; SFMTA Bd. Res. No. 14-005
, Ad. 1/7/2014, Eff. 2/7/2014; SFMTA Bd. Res. No. 14-080
, Ad. 5/20/2014, Eff. 6/20/2014; SFMTA Bd. Res. No. 15-143, Ad. 1020/2015, Eff. 11/20/2015; SFMTA Bd. Res. No. 170103-004, Ad. 1/3/2017, Eff. 2/3/2017; SFMTA Bd. Res. No. 170404-040, Ad. 4/4/2017, Eff. 5/5/2017; SFMTA Bd. Res. No. 171017-134, Ad. 10/17/2017, Eff. 11/17/2017; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018; SFMTA Bd. Res. No. 210907-105, Ad. 9/7/2021, Eff. 10/8/2021; SFMTA Bd. Res. No. 221018-098, Ad. 10/18/2022, Eff. 11/18/2022; SFMTA Bd. Res. No. 230919-077, Ad. 9/19/2023, Eff. 10/20/2023)
(a) Application Forms. Application for any permit issued or Use Agreement entered into pursuant to this Article shall be made to the SFMTA on a form provided by the SFMTA. The applicant shall provide such information and documents as the SFMTA requires, which may include a physical examination, a practical examination and/or background check of the applicant and any applicable Application Fee.
(b) Applications Deemed Active. Every application for a permit shall be deemed to remain active and shall be considered until the earliest of the following events:
(1) The applicant withdraws the application in writing;
(2) The applicant is determined to be ineligible for the permit by the SFMTA;
(3) The applicant receives a permit;
(4) The SFMTA determines that the applicant has engaged in fraud, misrepresentation or other serious misconduct in connection with the permit application process;
(5) The SFMTA attempts to contact the applicant at the mailing address listed on the application on at least two separate occasions and the applicant fails to respond within 30 calendar days of the second notice;
(6) The SFMTA has offered a Medallion for transfer to the applicant, in accordance with Section 1116, and the applicant fails to complete the transfer of the Medallion within the deadlines established by the Director of Transportation pursuant to Section 1116(g)(3). Applicants that fail to complete the transfer of the Medallion within the applicable deadlines will be moved to the end of the Waiting List; or
(7) The applicant has not completed the application process within 60 calendar days of initiating an application, or within such other time limit specified in this Article. Applicants that fail to complete the Medallion application process within the applicable deadlines will be moved to the end of the Waiting List.
(c) Requirements Applicable to Driver Permit Applications.
(1) Application Requirements. In addition to complying with all applicable requirements of this Section, each applicant for a Driver Permit shall:
(A) Provide their fingerprints; and
(B) Take and pass a written examination; and
(C) Demonstrate that they have successfully completed an SFMTA-approved course for new Drivers; and
(D) Be available to have a photo taken at SFMTA; and
(E) Submit to a drug test as required by the Taxi Driver Drug and Alcohol Testing Policy.
(F) As required by the Taxi Driver Drug and Alcohol Testing Policy, sign a written consent to allow the SFMTA to obtain information regarding the applicant’s drug and alcohol testing history for the previous two years; and .
(G) As required by the Taxi Driver Drug and Alcohol Testing Policy, disclose whether applicant has, within the prior two years, ever failed a pre-employment drug or alcohol test that resulted in the applicant not getting hired.
(2) Driver Qualifications. Each applicant for a Driver's Permit must:
(A) Be clean in dress and person;
(B) Be free of any disease, condition, infirmity, or addiction that might render the applicant unable to safely operate a motor vehicle or that otherwise poses a risk to public health and safety;
(C) Have a current California driver’s license;
(D) Have the physical capacity to operate a motor vehicle for at least four hours per day;
(E) Have no prior convictions of a crime that would, in the judgment of the SFMTA, present a risk to public safety if the permit is granted, including but not limited to convictions involving sexual assault, the use of a vehicle in the commission of a felony, fraud, violence against a person, reckless disregard for public safety, two or more recent convictions of drug-related offenses, or two or more recent convictions of driving under the influence, whether or not such convictions occurred while driving a Motor Vehicle for Hire. The SFMTA may, in its discretion, issue a permit notwithstanding prior convictions if, following review of an individual case, it determines that the applicant or Permit Holder does not pose a current risk to public safety;
(F) Have attained the age of 21;
(G) Speak; read and write the English language;
(H) Receive a negative test result on the pre-issuance drug test under the Taxi Driver Drug and Alcohol Testing Policy.
(I) Have not, within the past two years, failed a pre-employment drug or alcohol test that resulted in the applicant not getting hired.
(J) Have not, within the preceding twelve months, been denied a Driver permit for failure to comply with the requirements of subsection (H) or (I), above.
(3) Renewal of Driver's Permits.
(B) The SFMTA may require Drivers to successfully complete a Driver Training Course for current Drivers as a condition of renewal of their Driver Permits.
(C) Lapse of Active Permit Status; New Application. A Driver Permit Holder who fails to renew their Driver Permit within the deadline for renewal set by the SFMTA may renew their Driver Permit upon submission of a new Driver Permit application and completion of all requirements established by SFMTA for such late renewals.
(D) Every Driver must submit to a drug test as a condition of renewal of their A-Card as provided by the Taxi Driver Drug and Alcohol Testing Policy, and must receive a negative test result as a condition for renewal of the A-Card.
(d) Requirements Applicable to Medallion Applications.
(1) Waiting List. In the absence of any other preference specified in this Article, applicants for a Medallion shall be processed and considered by the SFMTA in chronological order by the date that each complete Medallion application was received from a qualified applicant. The SFMTA may periodically require applicants to execute written statements to reaffirm their desire to keep their applications active.
(2) Applications by Business Entity. In addition to complying with all applicable requirements of this Section, each Business Entity applicant for a Medallion shall:
(A) Provide a Certificate of Good Standing from the California Secretary of State;
(B) Authorize, in writing, at least one of its officers, partners or owners to act on its behalf and to bind the Business Entity in dealings with third parties. The owner(s) or designated officers(s) or partner(s) shall complete and sign all application forms required of an individual applicant under this Section. The Business Entity’s representative shall, at all times, meet all of the requirements set by this Section; and
(C) If the Business Entity is a corporation, its application shall include a certified copy of its certificate of incorporation, a list of officers and shareholders holding at least 5% of the voting stock of the corporation, and certified copy of the minutes of the meeting(s) at which the current officers were elected.
(3) Applications by Joint Tenants. In addition to complying with all applicable requirements of this Section, two or more individuals applying jointly for a Medallion shall indicate on the application that they are applying “as joint tenants”.
(e) Reserved.
(f) Requirements Applicable To Dispatch Service Permit Applications.
(1) Dispatch Service Permit Applications. Any application for a Dispatch Service Permit must be made on a form provided by the SFMTA. After receiving a Dispatch Service Permit application, the SFMTA shall conduct an investigation to ensure that the applicant meets all requirements of this Article. In addition to any other documents establishing compliance with laws and regulations that the SFMTA may require as a condition of approval for the permit, the applicant must provide:
(A) Proof of all required insurance;
(B) Current San Francisco business license;
(C) Any signed partnership agreement, if applicable;
(D) The Dispatch Service telephone number;
(E) A signed agreement with an approved E-Hail application; and
(F) A list of affiliated Color Schemes.
(2) Dispatch Service Permit Transfers. Any transfer of a Dispatch Service permit must be approved in advance by the SFMTA. The Permit Holder shall give notice to the SFMTA of the intended transfer at least 30 calendar days prior to such transfer. Prior to approving a transfer of a Dispatch Service 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 did not already hold an ownership interest in the business as of September 17, 2013. In addition to any other documents establishing compliance with laws and regulations that the SFMTA may require as a condition of approval of the transfer, the parties to the transfer must provide:
(A) Proof of compliance with the requirements of this Article applicable to Dispatch Service Permit Holders, including all required insurance;
(B) A business license;
(C) A signed partnership agreement among multiple purchasers or documentation of current valid corporate status; and
(D) A signed lease establishing the buyer’s right of occupancy at a business premises.
(3) Permit Renewal Requirements. No Dispatch Service Permit shall be renewed unless the Permit Holder files the following documents by May 1 of each year:
(A) An updated emergency plan;
(B) Insurance certificates demonstrating compliance with all required insurance;
(C) Current San Francisco business license;
(D) Signed agreement evidencing any corporate, partnership, limited liability, or other form of business organization recognized by the California Secretary of State, if applicable;
(E) Dispatch Service telephone number;
(F) Signed agreement with an approved E-Hail application provider; and
(G) List of affiliated Color Schemes.
(g) Requirements Applicable To Color Scheme Permit Applications.
(1) Color Scheme Permit Applications. Any application for a Color Scheme Permit must be made on a form provided by the SFMTA. After receiving a Color Scheme Permit application, the SFMTA shall conduct an investigation to ensure that the proposed applicant meets all requirements of this Article. In addition to any other documents establishing compliance with law and regulations that the SFMTA may require as a condition of approval of the permit, the applicant must provide:
(A) Proof of all required insurance;
(B) Current San Francisco business license;
(C) Any signed partnership agreement among multiple purchasers or documentation of valid corporate status;
(D) A signed lease establishing the permit applicant’s right of occupancy at a location to be used as the business premises;
(E) A signed agreement with a permitted Dispatch Service; and
(F) A schedule of Gate Fees.
(2) Color Scheme Permit Transfers. Any transfer of a Color Scheme permit must be approved in advance by the SFMTA. 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 did not already hold an ownership interest in the business as of June 19, 2009. In addition to any other documents establishing compliance with laws and regulations that the SFMTA may require as a condition of approval of the transfer, the parties to the transfer must provide:
(A) Proof of all required insurance,
(B) A business license,
(C) Any signed partnership agreement among multiple purchasers or documentation of current valid corporate status,
(D) A signed lease establishing the buyer’s right of occupancy at a business premises,
(E) A signed agreement with a permitted dispatch service, and
(F) A schedule of gate fees.
(3) Permit Renewal Requirements. No Color Scheme Permit shall be renewed unless the Permit Holder files the following documents by May 1 of each year:
(A) Current San Francisco business license;
(B) Completed designated manager form(s);
(C) Current list of all affiliated Drivers, Medallion Holders and type of Lease for each;
(D) Insurance certificates demonstrating compliance with the insurance requirements of this Article for every vehicle and Medallion affiliated with the Color Scheme;
(E) Copy of company drug-free workplace policy; and
(F) Sworn statement attesting to compliance with this Article and applicable state and federal laws.
(h) Moratorium on Issuance of Permits. The Director of Transportation may impose a moratorium on the issuance of new Color Scheme Permits or Dispatch Service Permits upon determining that the issuance of such permits will not serve the public interest. The Director of Transportation shall notify the Board of Directors immediately upon making such a determination. The notification, which shall be posted in accordance with Section 1123(a), shall include the reasons for the Director’s determination that issuance of new permits will not serve the public interest, and the expected duration of the moratorium. In no event shall such a moratorium last for more than a year without the approval of the Board of Directors.
(i) Medallion Renewal Requirements. No Medallion shall be renewed unless the following requirements are satisfied by May 1 of each year:
(1) Transferable Medallions:
(A) Pay the applicable Renewal Fee; and
(B) Sign a statement under penalty of perjury affirming eligibility for the Transferable Medallion on a form provided by SFMTA.
(2) Post-K Medallions:
(A) Pay the applicable Renewal Fee;
(B) Sign a statement under penalty of perjury affirming eligibility for the Post-K Medallion on a form provided by SFMTA;
(C) Submit a copy of a valid California driver’s license; and
(D) Maintain a valid A-Card.
(3) Pre-K Medallions:
(A) Pay the applicable Renewal Fee; and
(B) Sign a statement under penalty of perjury affirming eligibility for the Pre-K Medallion on a form provided by SFMTA.
(4) Pre-K Corporate Medallions:
(A) Pay the applicable Renewal Fee;
(B) Sign a statement under penalty of perjury affirming eligibility for the Pre-K Corporate Medallion on a form provided by SFMTA;
(C) Copy of current stock register; and
(D) Copy of current filed copy of Statement of Domestic Stock Corporation issued by the California Secretary of State.
(SFMTA Bd. Res. No. 09-23, 2/23/2009; SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 09-183, 10/20/2009; SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 10-055, 4/20/2010; SFMTA Bd. Res. No. 10-066, 5/4/2010; SFMTA Bd. Res. No. 11-017, 2/1/2011; SFMTA Bd. Res. No. 11-155, Ad. 12/6/2011, Eff. 1/6/2012; SFMTA Bd. Res. No. 12-111
, Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. 13-174
, Ad. 6/18/2013, Eff.7/19/2013; SFMTA Bd. Res. No. 13-199
, Ad. 8/20/2013, Eff. 9/19/2013; SFMTA Bd. Res. No. 13-218
, Ad. 9/17/2013, Eff. 10/17/2013; SFMTA Bd. Res. No. 14-005
, Ad. 1/7/2014, Eff. 2/7/2014; SFMTA Bd. Res. No. 15-036
, Ad. 3/3/2015, Eff. 4/2/2015; SFMTA Bd. Res. No. 15-143, Ad. 1020/2015, Eff. 11/20/2015; SFMTA Bd. Res. No. 15-160
, Ad. 11/17/2015, Eff. 12/18/2015; SFMTA Bd. Res. No. 170103-004, Ad. 1/3/2017, Eff. 2/3/2017; SFMTA Bd. Res. No. 170404-040, Ad. 4/4/2017, Eff. 5/5/2017; SFMTA Bd. Res. No. 171017-134, Ad. 10/17/2017, Eff. 11/17/2017; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018; SFMTA Bd. Res. No. 210907-105, Ad. 9/7/2021, Eff. 10/8/2021)
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