Scope and Purpose of Regulations. | |
Definitions. | |
Permit Applications and Renewal. | |
Review of Permit Application. | |
Permit Issuance. | |
Permit Requirement; General Permit Conditions. | |
Proof of Concept Authorization. | |
Regulation of Private Transit Vehicles. | |
Records and Reporting Requirements. | |
Administrative Fines; Permit Revocation. | |
Administrative Fines Assessed Against Non-Permit Holders or Non-Authorized Operators. | |
Administrative Hearings. | |
Summary Suspension of Permit for Health or Safety Reasons; Summary Suspension Procedures. | |
Administrative Probation. | |
(a) Findings.
(1) Small privately-operated, publicly- accessible buses and vans, often known as jitneys, have a long history in San Francisco.
(2) The SFMTA has regulatory authority over Motor Vehicles for Hire and Non-Standard Vehicles, including jitneys, operated wholly within the City and County of San Francisco.
(3) The City’s jitney regulations were repealed in 2011 after jitneys had all but disappeared from San Francisco streets.
(4) Since 2011, new services similar to jitneys, defined in this Article 1200 as Private Transit Vehicles (PTVs), a type of Non-Standard Vehicle, have begun operation in San Francisco.
(5) Non-Standard Vehicles, including PTVs, have the potential to support the City’s transportation goals if they operate safely, replace single-occupancy vehicle trips, reduce car ownership, and contribute to a reduction in parking demand. However, the full effects of Non-Standard Vehicles are not known at this time.
(6) But Non-Standard Vehicles also have the potential to contribute to adverse impacts on San Francisco’s transportation network, including delaying transit bus and rail service, increasing traffic congestion, and interfering with the safe movement of people walking, biking, driving, and riding transit in San Francisco.
(7) Regulation of Non-Standard Vehicle services is necessary to minimize such adverse impacts and ensure such services operate in a manner that is consistent with the City’s Transit First and Vision Zero policies.
(8) The SFMTA Board of Directors adopted the Guiding Principles for Emerging Mobility Services and Technologies in July 2017 in order to consistently evaluate new mobility services and technologies and ensure their alignment with City goals and policies. The Guiding Principles informed the development of this PTV legislation.
(b) Scope of Regulations.
(1) Classes of Permits. This Article 1200 shall apply to the following classes of Non-Standard Vehicle Permits issued by the SFMTA:
(A) Permits for operation of PTVs.
(B) Permits for operation of any other type of Non-Standard Vehicle.
(2) Exclusion for Certain Vehicles. This Article 1200 shall not apply to the operation of a 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 a certificate of public convenience and necessity issued by the Public Utilities Commission of the State of California (CPUC), or under a permit issued by the CPUC in accordance with Section 5384 of the California Public Utilities Code to the extent that the commercial operation of such a vehicle is entirely within the scope of such certificate or permit;
(B) Licensed by any city, 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, nonprofit organization, or public entity to transport discrete groups of persons, such as employees, students, patients, or clients, whether within the City or otherwise, including, but not limited to, vehicles operating under a permit issued under Section 914 of this Code, 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) That is a Taxi, as defined in Section 1102 of this Code and regulated by the SFMTA under Article 1100 of this Code;
(E) Operated as a private ambulance and regulated by Article 14 of the Health Code; or
(F) Operating on fixed tracks or rails.
(3) Application of Regulations to Permittee Conduct. This Article 1200 applies to the conduct of Permittees at all times while engaged in activity authorized by the permit.
(c) Severability. If any section, subsection, sentence, clause, phrase or word of this Article 1200 or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Article. The SFMTA Board of Directors hereby declares that it would have adopted this Article and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.
(d) Undertaking for the General Welfare. In enacting and implementing this Article 1200, the City is assuming an undertaking only 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.
(e) Implementation. The Director of Transportation is authorized to designate a date for implementation of a program for issuance of permits pursuant to this Article 1200, which date shall be not more than 120 days from the effective date of this Article 1200.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
For purposes of this Article 1200, the following definitions shall apply:
“Administrative Probation” shall mean the status of being substantially out of compliance with this Article 1200 according to a written determination of Administrative Probation issued by the SFMTA.
“Applicant” shall mean any person, business, firm, partnership, association, or corporation that applies for a Non-Standard Vehicle Permit under this Article 1200.
“Application Fee” shall mean a fee in an amount established by the SFMTA Board of Directors, due upon the Initial Application for a permit. The Application Fee may be included as a nonrefundable portion of the Permit Fee due from an Applicant under Section 322 of the Transportation Code.
“Authorized Operator” shall mean any person, business, firm, partnership, association, or corporation that holds a Proof of Concept Authorization to operate a Shared Mobility Device Service or Non-Standard Vehicle.
“Citation” shall mean a notice informing a Permittee or an individual or entity not a Permittee, that the Permittee, individual, or entity has violated any statute, ordinance, or regulation governing the operation or licensing of Non-Standard Vehicles.
“Complaint” shall mean a document issued by the SFMTA upon receipt of the Respondent’s request for a hearing on a Citation, Notice of Denial, Notice of Revocation, or Notice of Summary Suspension, which shall contain information about each alleged violation or basis for denial, revocation, or summary suspension.
“Hearing Officer” shall mean a person employed by SFMTA’s Hearing Division who is trained and authorized to conduct hearings.
“Initial Application” shall mean the first application submitted by an Applicant for a permit under this Article 1200, as contrasted to subsequent applications submitted by a current Permittee for its continued participation in the permit program established under this Article 1200.
“Mobility Device” shall mean
(a) a conveyance with the primary purpose of carrying people and which is capable of transporting one or more persons on a public roadway, and over which the SFMTA may exercise jurisdiction. “Mobility Device” includes but is not limited to, a motor vehicle, bicycle, or other conveyance that has the potential to impede the direction and flow of traffic, and includes a Stationless Shared Bicycle or Powered Scooter.
(b) Notwithstanding the foregoing subsection (a), “Mobility Device” is not:
(1) a type of conveyance excluded from the scope of this Article 1200 under Section 1201(b)(2);
(2) any motor vehicle that is required to have a parking permit under Article 900 of the Transportation Code; or
(3) a device assigned for the sole exclusive use by the same individual for at least 30 consecutive days.
“Model Year” shall mean a model year designated for a vehicle by the manufacturer at the time of first assembly as a completed vehicle.
“Non-Standard Vehicle” shall mean a privately owned, motor-propelled, passenger- carrying vehicle that is available for hire, is a type of vehicle which may be legally operated on the streets of the City under all applicable state and local laws and regulations, and over which the City may exercise jurisdiction, but which is not a type of vehicle excluded from the scope of this Article 1200 under Section 1201(b)(2). “Non-Standard Vehicle” includes but is not limited to Private Transit Vehicles.
“Non-Standard Vehicle Permit” shall mean a permit issued for any class of Non-Standard Vehicle in accordance with this Article 1200.
“Notice of Approval” shall mean a notice informing an Applicant for a permit that the SFMTA has decided to grant the application for the permit under Section 1205 of this Article 1200.
“Notice of Approval with Conditions” shall mean a notice informing an Applicant for a permit that the SFMTA has decided to conditionally grant the application for the permit under Section 1205 of this Article 1200, subject to specific conditions in addition to those imposed under Sections 1206 or 1207 of this Article 1200.
“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 1205 of this Article 1200.
“Notice of Revocation” shall mean a notice informing a Permittee that the SFMTA has determined that the permit will be revoked in accordance with Section 1209 of this Article 1200.
“Notice of Summary Suspension” shall mean a notice informing a Permittee that the SFMTA has decided to summarily suspend the permit in accordance with Section 1212 of this Article 1200.
“Permit Fee” shall mean a fee in an amount established by the SFMTA Board of Directors, due on an annual basis. In the case of an Initial Application, a portion of the Permit Fee shall constitute the non-refundable Application Fee due at the time of an Initial Application, with the remainder due at issuance of a permit. The Applicant shall also be required to pay any late payment penalties or interest for failure to pay in accordance with the requirements of this Article 1200 or any other regulation adopted by the SFMTA Board of Directors at the time of permit issuance.
“Permittee” shall mean any person, business, firm, partnership, association, or corporation that holds a permit issued under this Article 1200 for operation of one or more Non-Standard Vehicles.
“Private Transit Vehicle” or “PTV” shall mean a Non-Standard Vehicle that is used to provide transportation to the public and charges individual fares.
“Proof of Concept Authorization” or “POCA” shall mean an authorization issued by the Director of Transportation in his or her sole discretion to allow for limited testing of a Shared Mobility Device Service or Non-Standard Vehicle that is subject to the SFMTA’s jurisdiction, but is not yet regulated by the SFMTA.
“Qualified Communities of Concern” shall mean Communities of Concern as identified by the Metropolitan Transportation Commission that are located within the City and County of San Francisco in the area located south of a line commencing at the point on the easterly boundary of the City and County of San Francisco due east of the easterly terminus of Cesar Chavez Street, thence westerly to the easterly terminus of Cesar Chavez Street, thence westerly along the southerly line of Cesar Chavez Street to the westerly line of Douglass Street, thence northerly along the westerly line of Douglass Street to the northerly line of Clipper Street, thence westerly along the northerly line of Clipper Street to the northerly line of Portola Drive, thence westerly along the northerly line of Portola Drive to the westerly line of Kensington Way, thence northerly along the westerly line of Kensington Way to the southerly line of Taraval Street, thence westerly along the southerly line of Taraval Street to the westerly terminus of Taraval Street, thence due west of the westerly terminus of Taraval Street to the westerly boundary of the City and County of San Francisco.
“Respondent” shall mean a person or entity to whom the SFMTA issues a Notice of Approval with Conditions, Notice of Denial under Section 1205, Notice of Summary Suspension under Section 1212, Notice of Revocation under Section 1209, or Citation for a violation listed under Sections 1206(a) or (b)(4), 1207 or 1209(a) is delivered.
“Shared Mobility Device Service” shall mean one or more Mobility Devices capable, either individually or cumulatively, of carrying 10 or more people, for use in the public right-of-way or on public property within the boundaries of the City and County of San Francisco, Alameda County, Contra Costa County, Marin County, San Mateo County, or Santa Clara County that is:
(a) owned or leased by a business, firm, partnership, association, or corporation, or if owned by an individual, is not primarily for that individual’s own use; and
(b) available for self-service or rental use on a digital application or other electronic digital platform; and
(c) either (i) available for hire, with or without a driver or paid operator; or (ii) provided at no cost or as a benefit to riders, including but not limited to, employees, clients, members or customers as part of an organized program.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017; amended by SFMTA Bd. Res. No. 191105-136, Ad. 11/5/2019, Eff. 12/6/2019, Oper. 1/19/2020)
(a) Application Forms. The SFMTA shall provide an application form for any permit issued under this Article 1200. The Applicant shall provide such information and documents as the SFMTA requires in connection with the application, and shall pay the Application Fee.
(b) Requirements Applicable to Private Transit Vehicle Permit Applications.
(1) An Applicant may request a Private Transit Vehicle Permit for any vehicle or fleet of vehicles subject to this Article 1200.
(2) Each Applicant for a Private Transit Vehicle Permit shall submit the following information in addition to any other information which may be required by the Director of Transportation:
(A) Name, address, phone number, and email address of the Applicant;
(B) The most recent California Highway Patrol Safety Compliance Report/Terminal Record Update issued to the Applicant;
(C) A service plan, including a description of the nature, scope, frequency, and span of service, staging locations, and maps or detailed descriptions of any routes, as applicable;
(D) A map or detailed description of each proposed stop (each of which shall be a curb space or other location, at which stopping or parking is permitted), including exact location and type of curb regulation;
(E) Valid insurance certificates covering all vehicles proposed to be operated under the permit;
(F) A list of all vehicles Applicant intends to operate in PTV service, including VIN number, license plate number, make, model, Model Year, length, passenger capacity, and valid California registration documents for all such vehicles;
(G) A description or copy of Applicant’s training policies and procedures for drivers, including any training related to the provision of accessible service to people with disabilities;
(H) A description or copy of Applicant’s policies and procedures for providing equal access to people with disabilities as defined in Section 1207(i)(1);
(I) A description of the Applicant’s fare structure and accepted methods of fare payment, which SFMTA shall evaluate based solely on completeness and accuracy, and not on any other considerations;
(J) A Service Disruption Prevention Plan which describes Applicant’s efforts to maintain consistent and efficient service in the event of potential disruptions. The Service Disruption Prevention Plan may, but is not required to, include statements from third parties describing the Applicant’s efforts to prevent service disruptions. The Service Disruption Prevention Plan must address, at a minimum:
(i) How vehicle breakdowns or stalls (mechanical or otherwise) will be remedied quickly so as not to block access to loading zones or impede the flow of traffic;
(ii) Sufficient vehicle availability to satisfy ridership demand;
(iii) Sufficient back-up driver staffing in the event that drivers are unable to work due to sickness or other reason;
(iv) Contingency routing plans in the case of construction, special events, parades, celebrations, rallies, protests, or other activity or occurrences that may block access to certain streets; and
(v) A description of the means by which Applicant has considered the San Francisco Board of Supervisors’ March 2015 Labor Harmony Resolution (Res. No. 96-15), including steps taken to avoid potential disruptions by addressing the principles and concerns set forth in such Resolution, and any agreements or documents evidencing such steps, as well as information regarding driver schedules (including any split-shifts), work hours, working conditions, and wages.
(K) During the pendency of its application, Applicant shall provide prompt notice to SFMTA of any labor dispute in which it is involved that has the potential to cause a disruption of service.
(L) An acknowledgement by an authorized official of the Applicant that if issued a permit, Applicant agrees to comply with all applicable local, state, and federal laws governing its Private Transit Vehicle service, as well as the conditions contained in the permit, including agreeing to indemnify and hold the City and County of San Francisco, its departments, commissions, boards, officers, employees, and agents (“Indemnitees”) harmless from and against any and all claims, demands, actions, or causes of action which may be made against the Indemnitees for the recovery of damages for the injury to or death of any person or persons or for the damage to any property resulting directly or indirectly from the activity authorized by the permit regardless of the negligence of the Indemnitees.
(3) At the time of Initial Application, an Applicant not currently holding a PTV permit shall submit a non-refundable Application Fee of $5,000. Should the application be approved, SFMTA will credit the Application Fee toward the Applicant’s Permit Fee.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
(a) Determination of Eligibility. The SFMTA shall review each application to determine the Applicant’s eligibility for a Non-Standard Vehicle Permit under the factors listed in this subsection (a). The SFMTA may request additional information from an Applicant where necessary to determine the Applicant’s eligibility. The SFMTA, in determining whether the permit should be granted, shall consider the following factors, in addition to any other factors determined by the Director of Transportation to be relevant to the safe and efficient operation of San Francisco’s transportation system:
(1) The Applicant’s compliance with all applicable statutes, ordinances, and regulations during the past five years. The SFMTA shall consider whether, during the five years prior to application, an Applicant has repeatedly violated any statute, ordinance, or regulation.
(2) The record of the Applicant for the preceding five years with regard to any other permits issued, by the City or any other jurisdiction, for the commercial operation of a motor vehicle for the transport of passengers.
(3) Any overdue unpaid amounts owed by the Applicant to the City, including but not limited to past due citations. The SFMTA shall not issue a permit unless and until the Applicant has paid all fines, fees, taxes, liens, judgments or other debts owing to the City.
(4) The ability of the Applicant to comply with all applicable permit conditions.
(5) The Applicant’s written agreement to comply with all applicable permit conditions.
(6) In the case of a PTV permit application, whether the service plan complies with the evaluation criteria established by the Director of Transportation under Section 1207(f)(1).
(b) Burden of Proof on Applicant. A permit Applicant shall have the burden of proving that the application meets all requirements for a permit.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
(a) Permit Issuance. The SFMTA may issue any class of Non-Standard Vehicle Permit only upon its determination that the permit Applicant meets all requirements for the permit, including complying with Section 1204(a)(3). Upon permit issuance, the SFMTA will post the Permittee’s Service Disruption Prevention Plan on the SFMTA website.
(b) SFMTA Decision; Hearing. At the conclusion of the SFMTA’s review of a permit application, the SFMTA shall inform the Applicant, in writing, of the SFMTA’s decision to grant or deny the permit through a Notice of Approval, Notice of Approval with Conditions, or Notice of Denial. The SFMTA shall serve its decision in accordance with Section 1211(i). If the SFMTA issues a Notice of Denial or a Notice of Approval with Conditions, it shall include a statement of the grounds for denial or imposition of conditions. The Applicant may request a hearing to contest the Notice of Denial or Notice of Approval with Conditions by submitting to the SFMTA a written request for hearing within 20 business days of the date that the Notice of Denial or Notice of Approval with Conditions is served.
(c) Automatic Temporary Stay. Where SFMTA issues a Notice of Denial or Notice of Approval with Conditions of an application submitted by an Applicant currently holding a Non-Standard Vehicle Permit, such denial or approval with conditions shall be automatically stayed and the Applicant shall have the right to continue to operate under the existing permit until the time for requesting a hearing to contest the denial or approval with conditions has passed, without such a request; a timely request has been made and a final decision has been issued by a Hearing Officer; or the case is otherwise resolved.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
(a) Permits Required. Unless otherwise exempted under Section 1201(b)(2) of this Article 12
1 or authorized under Section 1206-1, a person, business, firm, partnership, association, or corporation shall not operate or cause to be operated, any Non-Standard Vehicle or Shared Mobility Device Service within the City without the applicable permit, agreement, or authorization issued by the SFMTA authorizing such operation in accordance with this Article.
(b) General Permit Conditions. The following conditions are applicable to all permits:
(1) Permits Not Transferable. Except as expressly provided in this Article 1200 or in permit conditions, no permit issued under this Article may be sold, transferred, or assigned, either expressly or by operation of law.
(2) Duration of Permits.
(A) Unless earlier revoked or summarily suspended under the provisions of this Article 1200, all permits shall expire one year from the date of issuance, unless a shorter term is specified by the SFMTA at the time of permit issuance. In the event that a permit is issued for a term of less than one year, the annual permit fee shall be pro-rated accordingly.
(B) Permittees may renew their permit by submitting a new Application and the required fee and meeting the eligibility requirements required for Applicants in Section 1204. Such applications shall be submitted to SFMTA not less than 20 business days prior to the expiration date of the current permit.
(3) Compliance with Laws and Regulations. Every Permittee shall comply with, and shall ensure that their affiliated vehicles and employees comply with, applicable laws, including but not limited to, the provisions of this Article 1200, the San Francisco Charter and Municipal Code, the California Vehicle Code, the California Public Utilities Code, California worker’s compensation laws, and the Americans with Disabilities Act.
(4) Cooperation with Regulatory Agencies; False Statements. Every Permittee shall at all times fully cooperate with a Parking Control Officer, Peace Officer, or the Director and/or his or her designee, on all matters relating to regulatory compliance, including but not limited to timely compliance with requests for the inspection of records. Permittees 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 Permittee shall make any false claim or false request for payment or approval to the SFMTA, its contractors, or its employees.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017; amended by SFMTA Bd. Res. No. 191105-136, Ad. 11/5/2019, Eff. 12/6/2019, Oper. 1/19/2020)
CODIFICATION NOTE
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