§ 1103.

PERMIT APPLICATIONS AND RENEWAL

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; or

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 days of the second notice.

6.

The SFMTA has offered a Medallion for purchase to the applicant, and the applicant fails to complete the purchase of the Medallion within the deadlines established by the Director of Transportation pursuant to Section 1116 (f)(3). Failure to complete the purchase of the Medallion within the applicable deadlines will have no effect upon the applicant’s A-Card seniority or the applicant’s position on the Waiting List of Medallion applications.

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.

c.

Additional 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 his or her fingerprints; and

B.

Take and pass a written examination; and

C.

Take and pass a physical examination if required by the SFMTA; and

D.

Demonstrate that he or she has successfully completed a Driver Training Course for new Drivers; and

E.

Provide photographs of the applicant, taken no more than 12 months prior to the time of application; and

F.

Enclose a statement of affiliation signed by the applicant and the Color Scheme documenting the Color Scheme’s commitment to offer the applicant a position as a Driver if the Driver Permit is issued; and

G.

Reserved: Controlled Substance Testing Program.

2.

Driver Qualifications. Each applicant for a Driver’s Permit must:

A.

Be a legal resident of the United States;

B.

Be clean in dress and person;

C.

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;

D.

Have held a valid California driver’s license for one year immediately prior to the date of application;

E.

Have the physical capacity to operate a motor vehicle for at least four hours per day;

F.

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;

G.

Have attained the age of 24;

H.

Speak; read and write the English language;

I.

Reserved: Controlled Substance Testing Program.

3.

Renewal of Driver’s Permits.

A.

Drivers have an affirmative duty to report any criminal convictions that would be a basis for denying a permit pursuant to Section 1103(c)(2)(F). The SFMTA may refuse to renew a permit if the Permit Holder would not be eligible to receive a new permit pursuant to Section 1103(c)(2)(F).

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-Card Seniority. A Driver Permit Holder who fails to renew his or her Driver Permit within the deadline for renewal set by the SFMTA may renew his or her Driver Permit upon submission of a new Driver Permit application and completion of all requirements for a new Driver Permit. If the Driver Permit Holder submits the new Driver Permit application and completes the requirements within two years of the renewal deadline, or prior to January l, 1995, he or she shall retain A-Card Seniority based on the original issuance date of the Driver Permit. If, on or after January 1, 1995, the Driver Permit Holder submits a new Driver Permit application and completes the requirements more than two calendar years after the renewal deadline, he or she shall have an A-Card Seniority date as of the date of the most recent Driver Permit.

4.

Surrender of A-Card When Not Driving. A Driver must return his or her Color Scheme Identification Card to the Color Scheme within 30 calendar days of terminating his or her affiliation with a Color Scheme and must return his or her A-Card to the SFMTA within 30 calendar days if the Driver does not affiliate with another Color Scheme. If the Driver will discontinue driving for a period of time in excess of 30 consecutive days but intends to resume driving a Motor Vehicle for Hire in the future, the SFMTA shall hold the A-Card on file until the Driver informs the SFMTA of his or her intention to resume driving. Upon receiving such notice, the SFMTA shall return the A-Card to the Driver so long as all Application and Renewal Fees and other Permit Fees are paid and the Driver remains qualified for the permit.

d.

Additional Requirements Applicable to Medallion Applications.

1.

Waiting List. In the absence of any other preference specified in this Article, individual applicants for a Medallion, other than a Ramp Taxi Medallion or Single Operator Part-time Taxi Medallion, shall be processed and considered by the SFMTA in the order of receipt of the Waiting List application, and then in order of A-Card Seniority. The SFMTA shall maintain a Waiting List of Medallion applications arranged in chronological order by the date that each complete Medallion application, including the Application Fee, was received from a qualified applicant. Each individual applicant for a Medallion shall have held a valid Driver Permit for a minimum of two consecutive years prior to applying for a Medallion.

A.

Every applicant for a Taxi Medallion must continuously maintain a valid Driver Permit in order to maintain his or her position on the Waiting List.

B.

The SFMTA may periodically require applicants to execute written statements to reaffirm their desire to keep their applications active.

C.

As of December 16, 2009, the SFMTA shall no longer accept applications for the Waiting List. When there are no more qualified applicants on the Waiting List, the SFMTA shall offer Medallions, other than Ramp Taxi Medallions, to Driver Permit Holders who meet all other requirements of this Article in order of A-Card Seniority.

e.

Single Operator Part-time Taxi Medallion Application Requirements. The SFMTA shall offer Single Operator Part-time Taxi Medallions to Driver Permit Holders who have not yet held a Taxi or Ramp Taxi Medallion, and who meet all other requirements of this Article in order of A-Card Seniority, subject to the applicant meeting criteria established by the SFMTA that are designed to ensure that holders of Single Operator Part-time Taxi Medallions have sufficient knowledge of San Francisco’s streets, neighborhoods, traffic conditions and taxi industry to provide a high level of service to San Francisco’s taxi patrons.

f.

Additional Requirements Applicable to Non-Standard Vehicle Permit Applications.

1.

An applicant may request a Non-Standard Vehicle class of permit for any vehicle(s) not otherwise included within another class of Motor Vehicle for Hire permits.

2.

If a Non-Standard Vehicle permit applicant proposes to operate along fixed routes within the City, such fixed routes shall be specified in the permit application. Fixed routes proposed for a permit must be approved by the SFMTA and shall be included in the Non-Standard Vehicle permit as a permit condition. Consideration of such routes by the SFMTA shall include evaluation of their impact on public transit.

g.

Additional Requirements Applicable To Dispatch Service Permit Applications.

1.

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 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 percent 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.

h.

Additional Requirements Applicable To Color Scheme Permit Applications.

1.

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.

An inventory of any City-owned In-Taxi Equipment,

B.

Proof of all required insurance,

C.

A business license,

D.

Any signed partnership agreement among multiple purchasers or documentation of current valid corporate status,

E.

A signed lease establishing the buyer’s right of occupancy at a business premises,

F.

A signed agreement with a permitted dispatch service, and

G.

A schedule of gate fees.

2.

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;

F.

Sworn statement attesting to compliance with this Article and applicable state and federal laws.

i.

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 his or her determination 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.

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. 10-066, 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)

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