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(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
(a) Authority. Where there is no existing permit program that encompasses a particular Shared Mobility Device Service or Non-Standard Vehicle, the Director of Transportation may, in lieu of a permit, and in the Director’s sole discretion, authorize a limited number of Proof of Concept Authorizations (POCAs) for a Shared Mobility Device Service or Non-Standard Vehicle, provided that the Director determines that to do so would promote the public health, safety, and welfare. The POCA provides an opportunity to demonstrate the potential public benefits of a Shared Mobility Device Service or Non-Standard Vehicle in supporting the City’s “Guiding Principles for Emerging Mobility Services Policy,” adopted by the SFMTA in July 2017, as may be amended from time to time. These Guiding Principles provide a consistent policy framework to evaluate new mobility services and shall be taken into consideration by the Director when evaluating POCA applications. The Director shall attach any conditions to the POCA that the Director deems necessary to protect the public health, safety and welfare; to collect data; to mitigate any potential adverse impacts; or to fulfill other public purposes recognized by the Director. The Director shall be authorized to determine the term of a POCA and any extensions thereof, provided that in not case
1 shall the duration of a POCA exceed one year. There is no appeal of the Director’s decision regarding a POCA application, including whether or not to issue the POCA, to place conditions on the POCA, or to extend the POCA.
(b) Application. The Director may provide an application for persons or entities seeking a POCA. An Applicant for a POCA shall pay the Application Fee, and shall submit the following information in addition to any other information which may be required by the Director:
(1) Name, address, phone number, and email address of the Applicant;
(2) A description of the Mobility Device or Non-Standard Vehicle and a description of the nature and scope of the Applicant’s plan for limited testing of a Shared Mobility Device Service or Non-Standard Vehicle, including the number of devices or vehicles, frequency and span of testing or service, staging locations, and maps or detailed description of any routes and geographic areas of operation, as applicable;
(3) Insurance as required by the Director; and
(4) An acknowledgement by the Applicant that if issued a POCA, the Applicant agrees to comply with all applicable local, state, and federal laws governing its Shared Mobility Device Service or Non-Standard Vehicle, as well as any conditions contained in the POCA. One condition that must be included in any POCA is an agreement 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 POCA, regardless of the negligence of the Indemnitees.
(c) Fees.
(1) At the time of submitting the POCA Application, the Applicant shall submit a non-refundable Application Fee as set forth in Section 327.
(2) Where the Director decides to issue a POCA, the Applicant shall submit an Administration Fee as set forth in Section 327; provided, however, that the Administration Fee may be increased to recover costs in excess of that amount incurred by SFMTA in administering the POCA program.
(d) Other Permits or Approvals. In the event the Mobility Device or Non-Standard Vehicle subject to a POCA will be tested or operated on any sidewalk, street, or public right-of-way under the jurisdiction of the Department of Public Works, the Port of San Francisco, the Public Utilities Commission, or the Recreation and Park Commission, the Applicant shall also submit an application to the Office of Emerging Technology, if required under Section
1 of the Administrative Code, for any additional permits or approvals necessary for such testing or operation, assuming the ordinance in Board File No. 191033 has been enacted.
(e) Termination. A POCA issued under this Section 1206-1 is subject to immediate termination by the Director. The Director may terminate a POCA for violation of any applicable law, violation of conditions included in the POCA, or if the Director concludes that termination is necessary to protect the public health, safety, or welfare. There is no appeal of the Director’s decision to terminate a POCA.
(Added by SFMTA Bd. Res. No. 191105-136, Ad. 11/5/2019, Eff. 12/6/2019, Oper. 1/19/2020)
CODIFICATION NOTE
1. So in SFMTA Bd. Res. No. 191105-136.
(a) An application for a permit to operate one or more PTVs shall be submitted in accordance with Section 1203 of this Article 1200.
(b) Communication Requirements for Permittees Operating PTVs.
(1) Permittees shall establish a designated point of contact who is available during hours of operation and provide the SFMTA with her or his contact information. The designated point of contact shall respond to communications from SFMTA personnel within two business days;
(2) Permittees shall have in place an easily accessible mechanism for receiving and addressing customer complaints;
(3) Permittees shall make their fare structure and methods of fare payment publicly available on their website; and
(4) Permittee 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.
(c) Licensing and Insurance Requirements for Permittees Operating PTVs.
(1) Permittees shall comply with State law requirements governing registration with, and inspections by, the California Highway Patrol;
(2) Each Permittee shall provide and thereafter continue in effect, so long as it may engage in conducting PTV operations, adequate protection against liability imposed by law upon such carriers for the payment of damages for personal bodily injuries (including death resulting therefrom) and for damage to or destruction of property, other than property being transported by such carrier for any shipper or consignee, whether the property of one or more than one claimant, in amounts not less than the amounts set forth in the following schedule:
(A) Any vehicle with a seating capacity of 16 passengers or more: $5,000,000;
(B) Any vehicle with a seating capacity of eight passengers through 15 passengers, inclusive: $1,500,000; and
(C) Any vehicle with a seating capacity of seven passengers or less: $1,000,000; and
(3) Each Permittee shall possess a current San Francisco Business Registration Certificate.
(d) Vehicle Requirements for PTVs.
(1) Each vehicle operated by a Permittee as a PTV shall display a permit authorization sticker and/or identifying markings in accordance with standards issued by the SFMTA;
(2) SFMTA will evaluate the vehicles listed on a Permittee’s application, and may issue permit authorization stickers and/or identifying markings upon determining that the following requirements are met:
(A) Each PTV must have a current California registration and bear valid license plates unless such plates have yet to be received for the vehicle;
(B) Each PTV shall be no more than eight Model Years old or be equipped with a power source that complies with emissions standards applicable to the same class of vehicle eight Model Years prior to the current Model Year at the time of permit issuance;
(C) No vehicle permitted as a PTV shall be more than 25 feet in length, excluding space taken by bicycle racks or other auxiliary attachments, provided that the total vehicle length including bicycle racks or other auxiliary attachments does not exceed 30 feet;
(D) Each vehicle shall be able to transmit GPS location data in accordance with subsection (h) of this Section 1207; and
(E) No vehicle shall be approved for PTV service unless all outstanding past-due SFMTA traffic citations (excluding those under protest) associated with such vehicle, including citations for violation of this Article 1200, have been paid in full;
(3) Permittees shall notify the SFMTA at least 15 days prior to introducing a new vehicle into PTV service. The SFMTA will evaluate such vehicles and may issue permit authorization stickers and/or identifying markings for such vehicles after considering the factors listed in subsection (d)(2); and
(4) Permittees shall notify the SFMTA prior to operating autonomous vehicles in PTV service. Such vehicles shall comply with any regulations issued by the Director consistent with State law.
(e) Requirements for PTV Drivers.
(1) Permittees shall ensure that all drivers operating vehicles being used in PTV service possess a valid California driver’s license of the class required under State law to operate such vehicles;
(2) Permittees shall certify that all PTV drivers have viewed the SFMTA Large Vehicle Urban Driving Safety Video and have completed any other safety training required by the SFMTA at the time of permit issuance, with the following qualifications:
(A) Permittees shall ensure that all PTV drivers hired after permit issuance view the SFMTA Large Vehicle Urban Driving Safety Video and complete any other safety training required by the SFMTA at the time of permit issuance, within 30 days of being hired; and
(B) Under no circumstances shall the training requirements under subsections (e)(2) and (e)(2)(A) exceed eight hours of training per year;
(3) Permittees shall comply with all applicable state and federal labor standards, including but not limited to those relating to shift lengths and workers’ compensation;
(4) Permittees shall comply with all applicable laws and regulations governing driver background checks and drug and alcohol testing; and
(5) Permittees shall be responsible for ensuring that PTV drivers comply with all applicable state and local laws, including the conditions imposed by this Article, whether such drivers are direct employees of the Permittee or independent contractors.
(f) Routes.
(1) PTV routes shall not operate in a manner that the Director of Transportation determines substantially duplicates SFMTA public transit service. The Director of Transportation shall develop criteria for making this determination in accordance with the following procedure:
(A) The criteria shall be set forth in writing by the Director of Transportation, and the SFMTA Board of Directors shall have the opportunity to review the initial criteria at a duly noticed public hearing prior to the Director’s adoption of the criteria;
(B) Following initial adoption, the Director of Transportation may amend the criteria only after providing at least 30 days’ notice by U.S. Mail and email to Permittees and to the public on the SFMTA website of the proposed amendments and the opportunity for a hearing on those amendments before the Director, after which hearing the Director shall have discretion to adopt the amendments as proposed or as reasonably modified in light of the scope of the proposed amendments; and
(C) The Director of Transportation is authorized to promulgate procedures for conducting public hearings on proposed amendments to the criteria established under this Subsection (f)(1).
(2) PTVs shall comply with the restrictions in Section 501 of the Transportation Code except in case of emergency or when directed to do so by authorized personnel, including police or other law enforcement officers or SFMTA parking control officers.
(3) Notwithstanding Subsection (f)(1) of this Section 1207 or the street restrictions set forth in Section 503 of the Transportation Code, where an Applicant seeks to continue operating a route or routes already being operated by the Applicant as of August 1, 2017, and provides documentation of the operation of the route(s) as of that date, the Applicant shall be permitted to continue operating such route or routes.
(4) PTVs shall not travel in lanes designated as “Muni Only” or “Transit Only” by an Official Traffic Control Device.
(5) Permittees shall notify the SFMTA of any changes to the Permittee’s service plan provided as part of the application, not less than five business days prior to implementing such changes.
(g) PTV Stops.
(1) Except in cases of emergency or when directed to do so by authorized personnel, including police or other law enforcement officers or SFMTA parking control officers, PTVs shall not stop in any location where stopping is prohibited, including but not limited to bus zones, crosswalks, unauthorized driveways, red zones, or bike lanes;
(2) Except in cases of emergency or when directed to do so by authorized personnel, including police or other law enforcement officers or SFMTA parking control officers, PTVs shall pick up or discharge passengers only in authorized locations. These locations include but are not limited to white passenger loading zones of sufficient length and availability to accommodate PTV service, and other locations where stopping to pick up or discharge passengers is not prohibited;
(3) PTVs shall only stop in authorized loading zones while actively loading and unloading passengers; and
(4) Permittees shall notify the SFMTA of any changes to the list of stops provided as part of Permittee’s service plan at least five business days prior to implementing such changes.
(h) Data Requirements for PTVs.
(1) Permittees shall provide aggregate GPS data to the SFMTA in accordance with API specifications issued by the SFMTA and in effect at the time of permit issuance;
(2) Permittees shall provide other data, including but not limited to schedule, ridership, and routing data, to the SFMTA within five business days of any data request from SFMTA where such data is reasonably available and accessible; and
(3) Notwithstanding subsection (h)(2), Permittees shall not be required to provide SFMTA with data identifying individual riders or drivers or other data that would enable the SFMTA or a third party to ascertain information pertaining to individual riders or drivers, including but not limited to personal identifying information, or individualized information concerning trips, locations, routes, or usage.
(i) Accessibility and Equity for PTVs.
(1) Permittees shall provide equal access to persons with disabilities. When considering whether a Permittee’s service provides equal access, the SFMTA shall consider whether the service provided to persons with disabilities is comparable to the service provided to the general public in the following areas:
(A) Response time;
(B) Travel time;
(C) Fare;
(D) Origins and destinations served;
(E) On-time performance;
(F) Vehicle accessibility; and
(G) Such other factors as established by the Director relating to the provision of equal access to persons with disabilities;
(2) Permittees must comply with the requirements imposed on federal departments and agencies by Section 508 of the federal Rehabilitation Act (29 U.S.C. 794d) regarding the accessibility of Information and Communications Technology, including any smartphone applications and websites; and
(3) Permittees shall not deny service to any customer on the basis of race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height.
(j) PTV Fees.
(2) Permit Fees shall be due and payable within 30 days of the date of invoice.
(3) Permit Fees remaining unpaid 30 days from the date of invoice, or payment plan installments remaining unpaid after the dates agreed upon in the payment plan, shall be subject to a 10% penalty plus interest at the rate of 1% per month on the outstanding balance, which shall be added to the fee amount from the date that payment is due.
(4) If a Permittee adds vehicles to its fleet such that it becomes subject to a higher Permit Fee as listed in the fee schedule in Section 322, the Permittee shall pay the difference between the Permit Fee paid to the SFMTA at the time of permit issuance and the Permit Fee that would apply to their service given the new size of their fleet. The amount due shall be prorated based on the amount of time remaining under the permit term. Any such supplemental Permit Fee shall be due and payable to the SFMTA within 30 days of the date of invoice.
(5) Permit Fees are not refundable.
(6) The SFMTA may reduce annual PTV permit fees by up to 20% of the unadjusted permit fee amount for any Permittee that operates vehicles equipped with a zero-emission power source. Such reductions shall be determined as follows: A Permittee shall receive a 2% reduction in its permit fee for each tenth of the operating fleet consisting of zero-emission vehicles. Accordingly, an operating fleet consisting of at least 10% but less than 20% zero-emission vehicles would entitle the Permittee to a 2% reduction in the unadjusted permit fee amount; an operating fleet consisting of at least 20% but less than 30% zero-emission vehicles would entitle the Permittee to a 4% reduction in the unadjusted permit fee amount; and so forth. An operating fleet consisting of 100% zero-emission vehicles would entitle the Permittee to a 20% reduction in the unadjusted fee amount.
(7) In addition to any reduction in the annual permit fee made pursuant to subsection (j)(6), the SFMTA may also reduce annual PTV permit fees by up to another 20% of the unadjusted permit fee amount for any Permittee that serves stops within Qualified Communities of Concern. Such reductions shall be determined as follows: For each route operated with 15-minute-or-less headways during normal service hours, there will be a 5% reduction in the permit fee for each 25% increment of stops located in Qualified Communities of Concern. Accordingly, a Permittee would receive a 5% reduction in the permit fee for each route operated with 15-minute-or-less headways during normal service hours where at least 25% but less than 50% of stops are located in Qualified Communities of Concern; a Permittee operating a route with 15-minute-or-less headways on which at least 50% but less than 75% of the stops are located in Qualified Communities of Concern would receive a 10% fee reduction; a Permittee operating a route with 15-minute-or-less headways on which at least 75% but less than 100% of the stops are located in Qualified Communities of Concern would receive a 15% fee reduction; and a Permittee operating a route with 15-minute-or-less headways on which 100% of stops are located in Qualified Communities of Concern would receive a 20% reduction.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
Except as otherwise specified in this Article 1200, all records required to be created and/or maintained by Applicants or Permittees for purposes of implementation of, administration of, or compliance with the permitting program authorized by this Article 1200 shall be subject to the following requirements:
(a) When a signature is required, the record must be signed by the Permittee or Applicant, if a natural person, or, in the case of a corporation or other business entity, by a person authorized to bind the corporation or business entity, or that person’s delegatee if accompanied by written documentation of the delegation of signature authority;
(b) The format and content of any records required to be created or maintained, or of any reports or plans required to be filed by Permittees by this Article 1200 shall be subject to SFMTA approval;
(c) Except as otherwise specified in this Article 1200 or required by SFMTA, all records required to be submitted to the SFMTA may be delivered by any means authorized in this subsection (c). A Permittee that is subject to the records requirement under this Article shall have the burden of proving that the required records were actually delivered in a manner consistent with this subsection (c). Except where this Article or SFMTA requires a particular method of delivery for a specific type of record, records may be submitted by any of the following means:
(1) In person by the Permittee to a location or address specified by SFMTA;
(2) By first-class U.S. Mail, postage pre-paid;
(3) By fax; or
(4) By email; and
(d) All records required to be maintained by Permittees under this Article 1200 or by other law or regulation shall be made available to the SFMTA for inspection at the Permittee’s premises during normal business hours within three business days of the SFMTA’s request. In addition, or in the alternative, the SFMTA may request that Permittees submit copies of records or original records within three business days of the request.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)
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