SEC. 1121. SUMMARY SUSPENSION OF PERMIT FOR HEALTH OR SAFETY REASONS.

   (a)   Summary Suspension. When the SFMTA determines that an alleged permit violation poses an ongoing risk to public health or safety, the SFMTA may summarily suspend the permit pending the outcome of a hearing conducted pursuant to Section 1120. Any affected Permit Holder shall be given a Notice of Summary Suspension, in writing, delivered to said Permit Holder in person or by first-class U.S. Mail.

   (b)   Summary Suspension Hearing; Decision Following Hearing. Any Permit Holder who wishes to challenge the summary suspension of his or her permit may request, in writing, a hearing before a Hearing Officer. A summary suspension hearing shall be conducted pursuant to Section 1120, except that upon receipt of a Permit Holder's request for a summary suspension hearing, SFMTA shall promptly set the time and place for said hearing to occur within ten business days of receipt of the Permit Holder's request for a hearing. SFMTA shall cause notice of such hearing to be delivered to the Permit Holder in person or by first-class U.S. Mail. In addition, SFMTA must provide the Respondent with the written complaint within two business days of receipt of the request for a hearing, Respondent must provide the written response, if any, no later than two business days prior to the hearing, and the Hearing Officer shall issue a written decision, which shall take effect in accordance with Section 1120(f)(2) no later than the next business day following the summary suspension hearing.

   (c)   Appeal. If the Permittee seeks judicial review of the Hearing Officer’s decision upholding a summary suspension, the summary suspension shall remain in effect until a final decision is issued by the court. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee seeks judicial review, shall remain in effect until a final decision is issued by the court.

   (d)   Ramp Taxis. While a Taxi or Ramp Taxi Medallion is suspended pursuant to this Section 1121, the SFMTA may allow continued operation of the Medallion with the SFMTA's prior written approval, subject to any conditions specified in such approval.

   (e)   Taxi Driver Drug and Alcohol Testing Policy.

      (1)   To protect the public health and safety, the SFMTA shall summarily suspend the A-Card of any Driver who receives a positive drug or alcohol test result within the meaning of the Policy, which includes a refusal to submit to testing as defined by the Policy.

      (2)   The SFMTA shall lift the summary suspension if:

         (A)   The City's third party administrator under the Policy cancels the positive test result due to retesting requested by the Driver and performed in accordance with the requirements of the Policy;

         (B)   The Driver receives a negative test result after the Driver has refused to submit to testing and the third party administrator, in accordance with the terms of the Policy, directs the Driver to provide a second specimen; or

         (C)   The Driver completes the Policy's requirements for return to duty.

         (D)   A Driver who has tested positive for marijuana presents the SFMTA with a valid recommendation or approval for use of medical marijuana obtained prior to the positive test.

(Added as Sec. 1119 by SFMTA Bd. Res. No. 09-077, 5/19/2009; amended by SFMTA Bd. Res. No. 11-017, 2/1/2011; redesignated and amended by SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012; amended by SFMTA Bd. Res. No. 15-143, Ad. 1020/2015, Eff. 11/20/2015; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018; SFMTA Bd. Res. No. 230418-033, Ad. 4/18/2023, Eff. 5/19/2023)

Editor's Note:
   Former Sec. 1121 was redesignated as Sec. 1123 by Res. No. 12-111.

SEC. 1122. ADMINISTRATIVE PROBATION.

   (a)   The SFMTA shall develop uniform criteria for making a determination that either a Color Scheme or a Dispatch Service Permit Holder is on Administrative Probation based on the number and degree of violations of this Article. In addition to any other applicable disciplinary measures, the SFMTA may declare the Permit Holder to be on Administrative Probation based on such criteria.

   (b)   A Color Scheme on Administrative Probation may not execute new affiliations with Drivers or Medallion Holders, and a Dispatch Service on Administrative Probation may not execute new affiliations with Color Schemes, until the SFMTA makes a written determination that the violations are cured or the conditions stated in the notice of Administrative Probation are met.

(Added by SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018)

Editor's Note:
   Former Sec. 1122 was redesignated as Sec. 1124 by Res. No. 12-111.

SEC. 1123. NOTICES.

   (a)   Posting Notice. Except as otherwise provided herein, all public notices required to be given by the SFMTA pursuant to this Article shall be posted on the SFMTA's official website, and the SFMTA shall concurrently deliver the notice for posting to the San Francisco International Airport taxi holding area and to the business office of every Dispatch Service.

   (b)   Notice of Permit Hearing. When a permit becomes available for issuance the SFMTA shall publish notice in accordance with subparagraph (a).

   (c)   Notice of SFMTA Permit Application Actions. If the SFMTA determines that a taxi medallion permit application is inactive, it shall post notice on the SFMTA's official website for a period of at least 180 days, but need not meet the other posting requirements of subparagraph (a).

(Added as Sec. 1121 by SFMTA Bd. Res. No. 09-077, 5/19/2009; amended by SFMTA Bd. Res. No. 09-183, 10/20/2009; redesignated and amended by SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. 181016-143, Ad. 10/16/2018, Eff. 11/16/2018)

Editor's Note:
   Former Sec. 1123 was redesignated as Sec. 1119 by Res. No. 12-111.

SEC. 1124. TAXI FARES AND FEES; GATE FEES.

   (a)   Setting Rates of Fare and Gate Fees. The SFMTA Board may hold a hearing to determine, in its sole discretion, whether the rates of fare and cap on Gate Fees then in effect should be increased, decreased, or remain unchanged.

   (b)   Taxi Fares.

      (1)   Standard Fare. The fare for Taxis and Ramp Taxis shall be as follows: $4.15 for the first fifth of a mile or “flag”; $0.65 for each additional fifth of a mile or fraction thereof; and $0.65 for each one minute of waiting or traffic delay time.

      (2)   Flat Rate for Combined Trips. A driver may charge a flat rate of up to $20 per person where two or more passengers are taking a trip whose origin or destination are different, and who are sharing the taxi for a portion of their combined trips instead of charging the metered rate. The flat rate may only be used with the advance consent of all affected passengers. Revenue for flat rate trips must be recorded on the Taximeter and reported to the SFMTA through the Electronic Taxi Access System.

      (3)   Out-of-Town Trips. Drivers are authorized to collect 150 percent of the metered rate for any trips originating in the City with a final destination that is more than 15 miles beyond City limits. Drivers are also authorized to collect 150 percent of the metered rate for any trip originating at the San Francisco International Airport (“SFO”) if the trip requires crossing either the Golden Gate Bridge or the Bay Bridge and the final destination is more than 15 miles beyond City limits. For trips originating at SFO that do not require crossing either the Golden Gate Bridge or the Bay Bridge, Drivers are authorized to collect 150 percent of the metered rate if the final destination is not within City limits and is more than 15 miles from SFO.

      (4)   Deduction for Time While Disabled. In the event that a taxicab breaks down while conveying for hire any passenger or passengers, the Driver may not charge any passenger for the time during which the vehicle is disabled.

      (5)   Establishment of Upfront Fare Pilot Program. By no later than August 5, 2022, the Director of Transportation shall create an Upfront Fare Pilot Program (“Pilot Program”) intended to test the concept of providing customers with a flat rate fare estimate through an e-hail application. The Pilot Program shall expire on July 1, 2025. Under the Pilot Program, the customer will have the option of choosing the advance, upfront fare or paying for the trip based on the meter amount. The upfront fare estimate will be calculated using an algorithm based on trip distance and time.

   (c)   Taxi Fees in Addition to Fares. Except as otherwise authorized by Section 1124(b)(2)or (b)(3), a Driver or Color Scheme must charge a passenger the fare displayed on the Taximeter, and may charge any of the additional fees set forth below, if applicable.

      (1)   Airport Fee. For taxicab trips originating at San Francisco International Airport that incur an airport trip fee, the taxicab driver may collect 100% of that trip fee from the passenger upon receipt of cab fare from the passenger.

      (2)   Bridge Tolls. Drivers are authorized to collect bridge tolls in advance from passengers whose destination requires the crossing of a toll bridge, regardless of the direction in which the toll is collected.

      (3)   Cleaning Fee. Drivers are authorized to collect a cleaning fee of up to $150 from any passenger who permanently stains the interior of the vehicle or who renders the vehicle temporarily unfit for for-hire passengers because of spillage of any substance such that the vehicle must be taken out of service and cleaned.

      (4)   Oversized Luggage Fee. A Driver is entitled to charge an additional amount not to exceed $1 for each piece of luggage that cannot be conveyed either in the passenger compartment of the vehicle or in the vehicle’s trunk with the trunk-lid closed. Each passenger shall be entitled to have conveyed without charge such valise or small package as can be conveniently carried within the vehicle. Other than the charges authorized by this subsection (c)(4), no charge shall be made by the driver for loading or unloading baggage.

      (5)   Fees Requiring Passenger Consent. A Color Scheme Permit Holder may charge the taxi passenger the following additional fees, but only if the passenger consents to such fees in advance and has placed a credit card number on file with the Color Scheme. Customer consent for imposition of any fee listed in this subsection (c)(5) may be obtained prior to or at the time of the trip booking, but only after the customer is informed of the amount of the fee and the circumstances under which the fee will be imposed.

         (A)   Cancellation Fee. A cancellation fee of up to $10 may be charged to any consenting customer who either cancels the trip after any established grace period has elapsed, or is not present when the Driver arrives at the location specified by the customer for pick up. A cancellation fee may not be imposed if the Driver arrives at the location specified by the customer for pick up in excess of 25 minutes after the Color Scheme accepted the trip booking. The cancellation fee shall be paid in full to the Driver who responds to the request for service.

         (B)   E-Hail Fee. An E-Hail Fee of up to $5 may be charged by a Color Scheme that provides E-hail service to any customer who requests taxi service by E-Hail.

   (d)   Payment of Taxi Fares and Fees by Credit Cards. Drivers must accept major credit cards (including at a minimum Visa, MasterCard, American Express, and Discover), as payment of taxi fare. This subsection (d) shall be strictly enforced.

      (1)   Credit Card Processing Fees. A Driver may elect to establish their own account for credit card payment processing with any merchant account service that conforms to PCI DSS standards and provides an electronic or paper receipt clearly indicating that the payment was made for San Francisco taxicab fare, the date, the fare amount, the identity of the driver, and a toll-free number for passenger and Driver payment inquiries to the merchant account holder or its customer service representative; provided, however, that a Driver must allow a passenger to choose to pay the fare using any available payment system, at the passenger’s option. No Color Scheme may retaliate against a Driver for electing, or not electing, to establish their own credit card processing account.

   (e)   Gate Fees. A Color Scheme Permit Holder or a Medallion Holder may not charge Drivers a Gate Fee that exceeds $10.62 per hour for a lease period equal to or shorter than 12 hours, or $127.44 total for any lease period that ends by the following calendar day. A Color Scheme Permit Holder may offer lease periods greater than 24 hours but shall also offer the option of an hourly lease period to Drivers. For purposes of this subsection (e), a Color Scheme Permit Holder is responsible for all Gate Fees that are assessed for use of any Gas and Gates Medallion that is affiliated with the Color Scheme. The Medallion Holder is responsible for all Gate Fees charged for the use of their Medallion if it is not operated as a Gas and Gates Medallion. Upon the request of SFMTA, a Color Scheme Permit Holder or a Medallion Holder shall provide the SFMTA with a record of all Gate Fees charged for the previous six months within 48 hours of such request.

(Added as Sec. 1122 by SFMTA Bd. Res. No. 09-077, 5/19/2009; amended by SFMTA Bd. Res. No. 09-104, 6/16/2009; SFMTA Bd. Res. No. 10-056, 4/20/2010; SFMTA Bd. Res. No. 10-103, 7/6/2010; SFMTA Bd. Res. No. 11-064, Ad. 5/17/2011, Oper. 6/21/2011; SFMTA Bd. Res. No. 11-111, Ad. 8/2/2011, Eff. 9/2/2011; SFMTA Bd. Res. No. 12-078, Ad. 6/5/2012, Eff. 7/6/2012; redesignated and amended by SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012; amended by SFMTA Bd. Res. No. 13-229 , Ad. 10/15/2013, Eff. 11/14/2013, Oper. (in part) 4/15/2014; SFMTA Bd. Res. No. 14-080 , Ad. 5/20/2014, Eff. 6/20/2014; SFMTA Bd. Res. No. 15-068 , Ad. 5/5/2015, Eff. 6/5/2015; 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. 210720-090, Ad. 7/20/2021, Eff. 8/20/2021; SFMTA Bd. Res. No. 210907-105, Ad. 9/7/2021, Eff. 10/8/2021; SFMTA Bd. Res. No. 220405-030, Ad. 4/5/2022, Eff. 5/6/2022; 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)