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)
(a) Determination of Eligibility. Each application shall be investigated by the SFMTA to determine the applicant's eligibility pursuant to the factors listed herein. The SFMTA, in determining whether the permit should be granted, may consider such facts as it deems pertinent, but shall at least consider the following factors:
(1) The applicant's compliance with all applicable statutes, ordinances and regulations. If, during the five years prior to application, an applicant has violated any statute, ordinance or regulation which would be a basis for revocation of the permit, the SFMTA may, in its discretion, refuse to issue the permit.
(2) The record of the applicant for the preceding five years with regard to any other permits issued for the commercial operation of a motor vehicle for the transport of passengers, either in the City or elsewhere.
(3) Any prior convictions of a crime that would, in the judgment of the SFMTA, present a risk to public safety if a 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.
(b) Burden of Proof on Applicant. A permit applicant shall have the burden of proving that the applicant meets all requirements for a permit.
(c) Eligibility for a Medallion. Applicants for a Taxi Medallion must:
(1) Complete the medallion Application form provided by SFMTA;
(2) Indicate on the application form whether applicant is applying as an individual, joint tenants, or a Business Entity; and
(3) If the applicant is a Business Entity, demonstrate that the Business Entity is registered and in good standing with 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. 10-149, 11/16/2010; SFMTA Bd. Res. No. 11-155, Ad. 12/6/2011, Eff. 1/6/2012; SFMTA Bd. Res. No. 12-079, Ad. 6/5/2012, Eff. 7/6/2012; SFMTA Bd. Res. No. 14-005
, Ad. 1/7/2014, Eff. 2/7/2014; 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. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018)
(a) Conditions Applicable to All Permits.
(1) Permits Required. No person, joint tenants, or Business Entity shall drive, or operate or cause to be operated any Motor Vehicle For Hire within the City, nor shall any person, business, firm, partnership, association or corporation operate any Dispatch Service or Color Scheme, without a permit issued by the SFMTA authorizing such driving or operation in accordance with this Article 1100.
(2) Permits Held By Businesses; Taxi Medallions Held by Individuals, Joint Tenants, or Business Entity.
(A) Any permit issued to a business pursuant to this Article shall be registered in the name of and with contact information for at least one natural person who complies with all permit requirements except those that by their nature can have no application to a natural person. Any permit issued to a Business Entity shall be registered in the name of at least one natural person vested with the authority to manage or direct the affairs of the Business Entity in California and to bind the Business Entity in dealings with third parties.
(B) Any Medallion issued to joint tenants shall be registered in the name of each joint tenant.
(C) Any permit issued to an individual shall be registered in the name of that individual.
(3) Permits a Privilege. Permits granted pursuant to this Article constitute a privilege and are not the property of the Permit Holder.
(4) Permits Not Transferable. Except as expressly provided in this Article or in permit conditions, no permit issued pursuant to this Article shall be transferable or assignable, either expressly or by operation of law.
(5) Duration of Permits.
(A) Unless earlier revoked or suspended, all permits shall expire one year following their issuance or renewal, or on another date as specified by the SFMTA.
(6) Compliance with Laws and Regulations. Every Permit Holder shall comply with, and shall ensure that their affiliated vehicles, employees, Permit Holders, lessees, Dispatch Service, and Color Scheme shall comply with the provisions of this Article, the San Francisco Charter and Municipal Code, the California Vehicle Code, California Worker’s Compensation laws, the Americans with Disabilities Act, and all regulations adopted by the Oakland and San Francisco International Airports, San Francisco Department of Public Health, and any other governmental jurisdictions through which the Permit Holders traverse.
(7) Cooperation with Lawful Orders. Every Permit Holder shall cooperate with and obey any lawful request or order of a Parking Control Officer, peace officer, the Director, or the Director’s designee, including, but not limited to, providing upon request the Permit Holder’s name, the permit number, official identification, and any documents required by this Article to be in the Permit Holder’s possession. All Permit Holders shall respond to routine SFMTA or Police Department inquiries within 24 hours, and shall immediately respond to any SFMTA or Police Department emergency request.
(8) Cooperation with Regulatory Agencies; False Statements. Every Permit Holder shall at all times, fully cooperate with a Parking Control Officer, Peace Officer, or the Director, or the Director’s designee, on all matters relating to regulatory compliance at all times, including but not limited to timely compliance with requests for the inspection of records. Permit Holders shall not hinder, delay the production of, or withhold information or records, or knowingly make false or misleading statements to a peace officer or to the SFMTA, or withhold information on any matter relating to regulatory compliance. No Permit Holder shall make any false claim or false request for payment or approval to the SFMTA, its contractors or employees.
(9) Continuous Operation Requirement; Temporary Suspension; Revocation.
(A) All Permit Holders shall operate or arrange for the operation of their permit on each day of the year, or other dates or times during which the permit conditions require operation of the permit.
(B) Permit Holders may temporarily suspend permit operations only with the prior written approval of the SFMTA. SFMTA approval is not required in the case of bona fide emergencies, natural disasters, or other similar major events beyond the control of the Permit Holder.
(C) Upon written request, the SFMTA may grant permission to suspend a permit for good cause shown for a period not to exceed 90 days in a 12-month period. The SFMTA may, in its sole and absolute discretion, allow another Permit Holder to operate the permit during the period of temporary suspension if the other Permit Holder is qualified and such operation would be in the public interest. This subsection (a)(9)(C) does not suspend the application of the Full-Time Driving requirement.
(D) If a permit is not operated for a period of 15 calendar days in violation of applicable permit conditions, the SFMTA shall notify the Permit Holder that the permit will be revoked if operation of the permit is not resumed within five calendar days of the notice. If permit operation is not resumed within five days of the notice, as determined by the Permit Holder's substantial compliance with all permit conditions, then SFMTA may immediately revoke the permit.
(E) This subsection (9) does not require any Permit Holder to drive continuously.
(10) Gifts and Gratuities. No Permit Holder or agent of a Permit Holder may accept or solicit gifts and/or gratuities or anything of value from any Driver, other than Gate Fees, Lease Fees, payments for goods actually received, or other payments authorized by this Article. A Permit Holder or agent of a Permit Holder shall issue a receipt for any payment received from a Driver.
(11) Participation in Paratransit Program. Each Color Scheme, Dispatch Service, Medallion Holder and Driver must participate in and shall at all times operate subject to and in compliance with the regulations of the SFMTA's Paratransit Program.
(12) Reserved.
(13) Current Address Required; Emergency Contact Notification. All Permit Holders shall keep contact information current with the SFMTA. All Medallion Holders and Drivers shall keep contact information current with their Color Schemes. Every Permit Holder shall give written notice to the SFMTA within 10 business days of any change of residence address, telephone number(s), and/or electronic mail address(es), and shall accept mail at the address provided to the SFMTA. Color Scheme and Dispatch Service changes of address are subject to the prior written approval of the SFMTA. No Permit Holder may use a post office box as a current address.
(14) Service of Process. All Permit Holders agree to accept service of process, official notices, and correspondence (collectively, “service of process”) from the SFMTA as a condition of retaining a permit. Color Schemes must accept service of process from the SFMTA on behalf of any Permit Holder affiliated with that Color Scheme.
(15) Payments Due. No permit shall be issued or renewed until the applicant has paid all fines, fees, taxes, liens, judgments or other debts owing to the City.
(16) Response Time Goals. All Permit Holders shall make best efforts to comply with Response Time Goals at all times.
(17) Operation by Driver Permit Holders. No Permit Holder shall knowingly allow the use of a Taxi or Ramp Taxi vehicle as a motor vehicle for hire by any person who does not hold a Driver Permit and California driver’s license, or by any person who is not covered by the insurance policy issued for the Taxi vehicle.
(18) Retaliation. No Permit Holder shall retaliate against another individual or entity for the exercise of any right provided by this Article 1100.
(b) Electronic Taxi Access System. Each Dispatch Service Permit Holder shall integrate its dispatch system with and implement the Electronic Taxi Access System, and shall electronically transfer all of its Electronic Trip Data to the Electronic Taxi Access System in real-time as required by this Section 1105(b).
(1) Each Color Scheme Permit Holder and Dispatch Service Permit Holder shall cooperate with the SFMTA to ensure integration is conducted in accordance with the security measures and timeline established by the SFMTA.
(2) Each Color Scheme Permit Holder and Dispatch Service Permit Holder shall install all equipment, including dispatch equipment and/or an OBD device, deemed necessary by the SFMTA, in its sole and absolute discretion, to implement the Electronic Taxi Access System and electronically transfer all Electronic Trip Data to the Electronic Taxi Access System.
(3) Each Color Scheme Permit Holder and Medallion Holder shall be required to install an OBD device prescribed by the SFMTA in each of its affiliated Taxis if the SFMTA determines that installation of the OBD is necessary to meet the equipment, data, or security requirements of the Electronic Taxi Access System.
(4) The SFMTA shall not be responsible for any equipment, or for the failure of any equipment, installed inside the Taxi for the Electronic Taxi Access System.
(5) Each Dispatch Service Permit Holder and Color Scheme Permit Holder shall promptly notify the SFMTA of any equipment, data and/or security failure that may limit or restrict the ability of the Electronic Taxi Access System to securely collect Electronic Trip Data in real time. The Dispatch Service Permit Holder and Color Scheme Permit Holder shall be responsible for taking corrective measures within 24 hours of any equipment, data, and/or security failure, and shall promptly inform the SFMTA of the corrective action. In no event shall the SFMTA be responsible for the equipment, data, and/or security failure.
(6) No Permit Holder may disconnect or disable any equipment or software that is required by the SFMTA for the Electronic Taxi Access System. The failure of any Permit Holder to cooperate with the SFMTA to implement the Electronic Taxi Access System shall be grounds for suspension of the permit until the Permit Holder complies with the requirements of this Section.
(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. 10-056, 4/20/2010; 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. 13-033
, Ad. 3/19/2013, Eff. 4/19/2013; 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. 15-036
, Ad. 3/3/2015, Eff. 4/2/2015; SFMTA Bd. Res. No. 170103-004, Ad. 1/3/2017, Eff. 2/3/2017; 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)
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 Color 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 is on Administrative Probation.
(d) Principal Place of Business. All Color Schemes shall maintain a principal place of business. Every Color Scheme must have the capacity to receive deliveries during business hours and to send and receive documents and electronic correspondence at all times, and the street address, telephone number(s) and/or electronic address(es) for documents and correspondence must be provided to the SFMTA.
(e) Change of Business Location. A Color Scheme must obtain the prior written approval of the SFMTA before changing its principal place of business.
(f) Telephone Access. Every Color Scheme shall maintain a current listing, including the name of the company and telephone number, with the San Francisco directory assistance (411), the City’s 311 system, and on the SFMTA website.
(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 inquiries about Found Property on a 24-hour basis.
(2) Receive and respond to communications and information requests from the SFMTA.
(3) Document and track all Found Property and turn it over to the Color Scheme's Dispatch Service for processing.
(4) 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) Paratransit Program Minimum Requirements. All Color Schemes must qualify for the Paratransit Program and 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 Paratransit Program Minimum Requirements set by the SFMTA, including any rules requiring the Color Scheme to maintain insurance in excess of the insurance requirements of this Article. Every contract entered into between a Color Scheme and a Driver or Medallion Holder 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 or by the Paratransit Broker is working properly.
(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 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.
(5) Unattended Vehicles. Every Color Scheme shall ensure that no Taxi vehicle that is affiliated with such Color Scheme is left unattended on a public street for more than four hours.
(l) Spare Vehicles.
(1) A spare vehicle may operate with a Medallion from a Taxi or Ramp Taxi only when necessary to replace temporarily disabled Taxi vehicles. During any time a spare vehicle is operating, the vehicle it is replacing shall be available for inspection by the SFMTA.
(2) Each Color Scheme shall be issued a unique series of “spare numbers” for spare vehicles operating at that Color Scheme.
(3) Color Schemes may not operate or allow another entity or individual to drive or operate a spare vehicle, 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. Each day of unauthorized operation under this Section shall be a separate offense.
(4) All spare vehicles shall be equipped with functional In-Taxi Equipment.
(m) Reduced Emissions by Color Scheme. 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. 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 Provided or Posted. All Color Schemes shall provide the following information to Drivers and Color Scheme employees by either delivering copies, paper or electronic, or posting the 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 current 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. The SFMTA may require a Color Scheme to distribute designated materials to each affiliated Driver, and may require the Color Scheme to obtain written acknowledgments of receipt from affiliated Drivers, within a time period specified by SFMTA.
(o) Required Notifications.
(1) Upon request from the SFMTA, each Color Scheme must provide a report to the SFMTA listing each accident that occurred during the period specified, involving any Taxi or Ramp Taxi affiliated with the Color Scheme and resulting in property damage or bodily injury. Color Schemes must retain any report provided to SFMTA pursuant to this subsection (o)(1) for at least five years.
(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 requires 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 Medallion Holder. Upon receiving notice of the death of a 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.
(A) Non-Transferable Medallion. If the deceased Medallion Holder held a Non-Transferable Medallion, then the Color Scheme must return the Medallion within 14 calendar days of notice to the SFMTA. The SFMTA, may, in its discretion, extend the deadline for return of the Medallion to the SFMTA if it determines that such an extension would be in the public interest. During any such period of extension, in lieu of making medallion lease payments to the former Medallion Holder, the Color Scheme shall pay to the SFMTA a monthly fee of $750 beginning as of the 15th day following the notice of death and until such date as the SFMTA requires the return of the Medallion.
(B) Transferable Medallion. If the deceased Medallion Holder held a Transferable Medallion, the Color Scheme must return the Medallion to SFMTA in accordance with Section 1116(n).
(p) Color Scheme Obligations Related To Drivers.
(1) Each Color Scheme shall ensure that every affiliated Driver holds a valid A-Card.
(2) A Color Scheme shall issue receipts for any payments received from any Driver. A Color Scheme shall accept payment of Gate Fees by credit or debit card, and shall impose no charge or fee on Drivers who pay their Gate Fees by credit or debit card.
(3) A Color Scheme shall offer cashiering services, through a third-party merchant account holder that conforms to PCI DSS standards, to any Driver for credit and debit card transactions collected by that Driver as payment of taxi fare while that Driver was driving a vehicle affiliated with that Color Scheme. A Color Scheme may charge a Driver a fee for the cashiering service, which shall not exceed 3.5 % of the total amount of the credit or debit card transactions presented to the Color Scheme. A Color Scheme must require its third-party merchant account holder to deposit the proceeds of the Driver’s credit and debit card transactions, minus the fee of up to 3.5%, in an account of the Driver’s choice within one business day. A Color Scheme may not require a Driver to use its merchant account holder, and may impose no charge for credit and debit cashiering services in addition to the 3.5% fee on Drivers who choose to use the Color Scheme’s third-party merchant account holder to cash credit and debit card payments.
(4) Each Color Scheme shall inform every Driver of the applicable state and federal laws governing maximum driving hours for the operators of a commercial passenger-carrying vehicles, and must inform every Driver of the Driver’s obligation to comply with such laws.
(q) Taxi Driver Drug and Alcohol Testing Policy; Policy.
(1) Color Schemes must comply with all relevant provisions of the Taxi Driver Drug and Alcohol Testing Policy, including but not limited to the following:
(A) Removing a Taxi Driver from their duties temporarily as provided by the Policy after a test demonstrating that the Taxi Driver has a confirmed alcohol concentration of greater than 0.02 and less than .04;
(B) Referring and transporting Drivers for reasonable suspicion testing in conformance with requirements of the Policy, and paying the costs of such testing;
(C) Referring and transporting Drivers for post-accident testing in conformance with the requirements of the Policy, and paying the costs of such testing;
(D) Ensuring that at least one current on-site employee has received two hours of post-accident testing training and reasonable suspicion testing training within the past twelve months. Training shall be provided by the SFMTA’s contractor at the Color Scheme’s expense;
(E) Providing all Drivers with educational materials provided by the SFMTA related to the Policy and materials explaining the Color Scheme’s policy regarding use of drugs and alcohol; and
(F) Maintaining the confidentiality of any records related to the results of drug and alcohol tests of Drivers administered under the Policy.
(2) A Color Scheme having actual knowledge that a Driver has tested positive for drugs or alcohol under the Taxi Driver Drug and Alcohol Testing Policy shall not permit the Driver to operate a Taxi or Ramp Taxi until such time as the Driver has been cleared to return to work by the SFMTA under the provisions of the Policy.
(3) No Color Scheme having actual knowledge that a Driver has used and is currently under the influence of alcohol or Prohibited Drugs shall permit that Driver to operate or continue to operate a Taxi or Ramp Taxi.
(4) A Color Scheme must report to the SFMTA contact person identified in the Policy any referral of a Driver for reasonable suspicion or post-accident testing under the Policy, and must do so within eight hours of the referral.
(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 SFMTA.
(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. The Color Scheme shall also participate in an exit interview with the City’s Paratransit Broker at least 30 days prior to the date the Color Scheme anticipates that it will cease to participate in the Paratransit Program.
(t) Insurance Requirements. (Reserved)
(SFMTA Bd. Res. No. 09-23, 2/23/2009; SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 09-104, 6/16/2009; SFMTA Bd. Res. No. 09-183, 10/20/2009; SFMTA Bd. Res. No. 10-056, 4/20/2010; SFMTA Bd. Res. No. 10-103, 7/6/2010; SFMTA Bd. Res. No. 12-078, Ad. 6/5/2012, Eff. 7/6/2012; SFMTA Bd. Res. No. 12-111
, Ad. 8/21/2012, Eff. 9/21/2012; 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. 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. 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. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018; SFMTA Bd. Res. No. 210907-105, Ad. 9/7/2021, Eff. 10/8/2021)
(a) In addition to all other conditions applicable to a Dispatch Service Permit, each Dispatch Service Permit Holder shall comply with the following performance standards:
(b) Minimum Dispatch Service Standards.
(1) A Dispatch Service must affiliate with at least 100 medallions. Dispatch Service Permit holders must comply with this requirement no later than six months after permit issuance. Failure to come into compliance within six months of permit issuance will result in the Dispatch Service Permit holder being placed on Administrative Probation pursuant to Section 1107(b)(2) below.
(2) Any Dispatch Service that does not meet the medallion affiliation requirement set forth in Section 1107(b)(1), shall be placed on Administrative Probation for not more than 90 days. If after 90 days the Dispatch Service cannot meet the medallion affiliation requirement, the Dispatch Service permit shall be automatically revoked and all affiliated Color Scheme Permit Holders shall affiliate with a Dispatch Service that meets the requirement.
(c) Dispatch Service Operational Requirements. A Dispatch Service must:
(1) Maintain and update an emergency plan that conforms to SFMTA requirements for Drivers and Dispatch Service employees to follow in emergencies, and file an updated emergency plan annually at the time of permit renewal.
(2) Answer all calls by humans, or by mechanical or other device, within six rings 365 days per year, 24 hours per day. At least one person shall be available to respond to calls at all times.
(3) Reserved.
(4) Require all dispatchers, operators, and/or call takers, to answer a call with the name of the Dispatch Service, and, upon request of the caller, to identify themselves with either a unique individual identifier or their legal name.
(5) Dispatch a vehicle from the Color Scheme requested by the caller in the event that two or more Color Schemes share the same Dispatch Service and may only dispatch a vehicle from a different Color Scheme if the operator first advises the customer of the Color Scheme of the vehicle that will respond to the call.
(6) Comply with all applicable state laws and regulations concerning Workers’ Compensation.
(7) Affiliate with an e-hail application provider that meets criteria established by the Director of Transportation.
(d) Found Property.
(1) Dispatch Service 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 contacted, 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 not currency but is of the value of $100 or more, is either a serialized item or an electronic device or contains owner identification information, within 30 calendar days the Dispatch Service Permit Holder shall transfer the property to the SFMTA, make a Police Report, and obtain both Police Incident Report Number and a receipt of the items processed.
(3) Dispatch Service Permit Holders shall advise passengers claiming to have lost property of value in a Taxi or Ramp Taxi, 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.
(e) Minimum Dispatch Equipment Requirements. Each Dispatch Service permit holder must maintain at a minimum the following dispatch equipment and dispatch capacity:
(1) A hard-mounted driver information monitor or mobile data terminal capable of two-way communication to display and accept orders, which must be directly connected to the taximeter or connected to the taximeter as part of a secondary system such as a payment system;
(2) Integrated GPS to allow for nearest taxi distribution of available orders;
(3) Ability to dispatch entered orders based on vehicle type;
(4) Configurable polling time of vehicle data and status;
(5) Ability to report data on all orders entered into the system, including but not limited to: time and date, order status, drivers/vehicles rejected and drivers/vehicles accepted, all timing points of order (entry time, dispatch time, acceptance or rejected time, and trip completion time), abandoned and non-completed jobs, and driver login and logout status while on duty;
(6) Functional direct voice access and two-way communication with all affiliated Taxis and Ramp Taxis; and
(7) Dispatch equipment and system must be functional and active with 100% of the active fleet affiliated with the Dispatch Service Permit holder.
(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. 13-218
, Ad. 9/17/2013, Eff. 10/17/2013; SFMTA Bd. Res. No. 15-036
, Ad. 3/3/2015, Eff. 4/2/2015; 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. 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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