§ 1102.

DEFINITIONS

For purposes of this Article the following words and phrases shall have the meanings set forth below:

“A-Card” or “Driver Permit” shall mean a permit issued by the SFMTA to operate a Taxi or Ramp Taxi in the City.

“A-Card Seniority” shall mean the seniority status of each Driver Permit Holder based on the original issuance date of the Driver Permit, or the issuance date of the most recent Driver Permit in accordance with the terms of Section 1103(c)(3)(B).

“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.

“Application Fee” shall mean 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.

Citation” shall mean a notice informing an individual or entity who is a member of the public or a Permit Holder that he or she has 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.

“Controlled Substance Testing Program” shall mean a program adopted by the SFMTA Board to comply with California Government Code Section 53075.5.

“Dispatch Service” shall mean an entity that holds a Dispatch Service Permit to Dispatch Taxis and Ramp Taxis that are 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 his or her 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 Fund Retransfer Contribution” shall mean the percentage of the Medallion Transfer Price to be contributed by the SFMTA to the Driver Fund upon the Retransfer of a Transferable Medallion.

“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, on an annual basis and in accordance with procedures adopted by the Director of Transportation, to comply with requirements adopted by the Director of Transportation.

“Electric Vehicle Taxi Medallion” shall mean a permit issued by the SFMTA to a Color Scheme that meets SFMTA’s performance standards to operate a particular battery-switch electric vehicle on a full-time basis, subject to conditions imposed by the SFMTA, for a fixed term of three to five years.

“Electronic Taxi Access System” shall mean a data collection software system for the real-time reporting of all required Electronic Trip Data.

“Electronic Taxi Access System Provider” shall mean the vendor selected by the SFMTA to provide the Electronic Taxi Access System.

“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 calendar year.

“Gas and Gates Medallion” shall mean a Medallion that is operated by a Color Scheme that owns and maintains the Taxi or Ramp Taxi vehicle, purchases insurance for the vehicle, hires and schedules the Drivers of the vehicle, collects the gate fees daily, issues receipts to the Drivers, and makes regular payments to the Medallion Holder or to the SFMTA for the use of the Medallion, or a Medallion that is operated by the Medallion Holder who owns and maintains the vehicle, purchases insurance for the vehicle, hires and schedules the Drivers of the vehicle, collects the gate fees daily, and issues receipts to the Drivers.

“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 for a daily shift, 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.

Hearing Officer” shall mean an individual designated by the Director of Transportation to conduct hearings under Sections 1117 and 1120 of this Article.

“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 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 operate a particular Taxi or Ramp Taxi vehicle in the City.

“Medallion Holder” shall mean the person or 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 his or her 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 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.

“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 Non-Standard Vehicle permits, and does not include Dispatch Service, Color Scheme or Driver Permits.

“Non-Standard Vehicle” shall mean a privately owned, motor-propelled passenger carrying vehicle which may be legally operated on the streets of the City under all applicable state and local laws and regulations, and which is not defined elsewhere in this Article.

“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.

“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 sold and purchased in accordance with Section 1116(o) of this Article.

“PCI DSS” shall mean the Payment Card Industry Data Security Standard, which is a 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, business, 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.

“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” 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.

“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.

“Reduced Medallion Transfer Price” shall mean the price paid by 200 Driver Permit Holders at the top of the Waiting List for the transfer of a Medallion in accordance with Section 1116(g) of this Article.

“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.

“Single Operator Part-time Taxi Medallion” shall mean a permit issued by the SFMTA to a Driver who qualifies on the basis of A-Card Seniority to operate a particular hybrid, CNG or electric taxi vehicle, or other vehicle as authorized by the SFMTA, for a fixed period of years on a part-time basis, and in accordance with permit conditions set by the SFMTA.

“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 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. 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 a Driver Permit Holder who 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 his or her Medallion.

“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 individual applicants for Taxi Medallions for whom such Medallions are not yet available, maintained in the order of receipt of complete applications from qualified applicants received prior to December 16, 2009.

History

(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)

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