§ 1105.

GENERAL PERMIT CONDITIONS

a.

Conditions Applicable to All Permits.

1.

Permits Required. No person, business, firm, partnership, association or corporation shall drive, or operate or cause to be operated any Motor Vehicle For Hire within the City, nor shall any person, business, firm, partnership, association or corporation operate any Dispatch Service or Color Scheme, without a permit issued by the SFMTA authorizing such driving or operation in accordance with this Article.

2.

Permits Held By Businesses; Taxi Medallions Held by Individuals.

A.

Any permit issued to a business pursuant to this Article shall be registered in the name of and with contact information for at least one natural person who complies with all permit requirements except those that by their nature can have no application to a natural person.

B.

With the exception of the Medallions issued under the authority of SFMTA Board of Directors Resolution No. 12-115, adopted on September 4, 2012, and Ramp Taxi Medallions operated pursuant to Use Agreements, no Medallion shall be issued except to a natural person and in no case to any business, firm, partnership, association or corporation. No Medallion shall be issued to, or in the name of, more than one person.

3.

Permits a Privilege. Permits granted pursuant to this Article constitute a privilege and are not the property of the Permit Holder.

4.

Permits Not Transferable. Except as expressly provided in this Article or in permit conditions, no permit issued pursuant to this Article shall be transferable or assignable, either expressly or by operation of law.

5.

Duration of Permits.

A.

Unless earlier revoked or suspended, all permits shall expire one year following their issuance or renewal, or on another date as specified by the SFMTA.

B.

As a condition of renewal, a Permit Holder must pay the applicable Renewal Fee, meet the eligibility requirements required for new applicants listed in Section 1104, and may be required to sign a statement under penalty of perjury affirming eligibility for the permit.

6.

Compliance with Laws and Regulations. Every Permit Holder shall comply with, and shall ensure that their affiliated vehicles, employees, Permit Holders, lessees, Dispatch Service and Color Scheme shall comply with the provisions of this Article, the San Francisco Charter and Municipal Code, the California Vehicle Code, California Worker’s Compensation laws, the Americans with Disabilities Act, and all regulations adopted by the Oakland and San Francisco International Airports, San Francisco Department of Public Health, and any other governmental jurisdictions through which the Permit Holders traverse.

7.

Cooperation with Lawful Orders. Every Permit Holder shall cooperate with and obey any lawful request or order of a Parking Control Officer, peace officer or the Director, including, but not limited to, providing upon request the Permit Holder’s name, the permit number, official identification, and any documents required by this Article to be in the Permit Holder’s possession. All Permit Holders shall respond to routine SFMTA or Police Department inquiries within 24 hours, and shall immediately respond to any SFMTA or Police Department emergency request.

8.

Cooperation with Regulatory Agencies; False Statements. Every Permit Holder shall at all times, fully cooperate with a Parking Control Officer, Peace Officer or the Director, or his or her designee, on all matters relating to regulatory compliance at all times, including but not limited to timely compliance with requests for the inspection of records. Permit Holders 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 Permit Holder shall make any false claim or false request for payment or approval to the SFMTA, its contractors or employees.

9.

Continuous Operation Requirement; Temporary Suspension; Revocation.

A.

With the exception of Single Operator Part-time Medallion holders and Medallion Holders who obtained their Medallion prior to June 6, 1978, all Permit Holders shall operate or arrange for the operation of their permit on each day of the year, or other dates or times during which the permit conditions require operation of the permit.

B.

Permit Holders may temporarily suspend permit operations only with the prior written approval of the SFMTA. SFMTA approval is not required in the case of bona fide emergencies, natural disasters or other similar major events beyond the control of the Permit Holder.

C.

Upon written request the SFMTA may grant permission to suspend a permit for good cause shown for a period not to exceed 90 days in a 12 month period. The SFMTA may, in its sole and absolute discretion, allow another Permit Holder to operate the permit during the period of temporary suspension if the other Permit Holder is qualified and such operation would be in the public interest. This subparagraph (C) does not suspend the application of the Full-Time Driving requirement.

D.

If a permit is not operated for a period of 15 calendar days in violation of applicable permit conditions, the SFMTA shall notify the Permit Holder that the permit will be revoked if operation of the permit is not resumed within five calendar days of the notice. If permit operation is not resumed within five days of the notice, as determined by the Permit Holder’s substantial compliance with all permit conditions, then SFMTA may immediately revoke the permit.

E.

This subsection (9) does not require any Permit Holder to drive continuously.

10.

Gifts and Gratuities. No Permit Holder or agent of a Permit Holder may accept or solicit gifts and/or gratuities or anything of value from any Driver, other than Gate Fees, Lease Fees, payments for goods actually received, or other payments authorized by this Article. A Permit Holder or agent of a Permit Holder shall issue a receipt for any payment received from a Driver.

11.

Participation in Paratransit Program. Each Color Scheme, Dispatch Service, Medallion Holder and Driver must participate in and shall at all times operate subject to and in compliance with the regulations of the SFMTA’s Paratransit Program.

12.

Shift Change at Color Scheme Required for Gas and Gates Vehicles; Unattended Vehicles. All Permit Holders shall ensure that taxi vehicles operated pursuant to a Gas and Gates Medallion that they operate begin and end all shifts at the Color Scheme’s place of business, except with the prior written approval of the SFMTA. When a vehicle is not being operated for hire, the Permit Holder shall either leave the vehicle at the Color Scheme’s place of business or make a written request for SFMTA approval of an alternative location that is off the public street and sidewalk. No Taxi vehicle may be left unattended on a public street for more than four hours.

13.

Current Address Required; Emergency Contact Notification. All Permit Holders shall keep contact information current with the SFMTA. All Medallion Holders and Drivers shall keep contact information current with their Color Schemes. Every natural person who holds a permit from the SFMTA pursuant to this Article shall give written notice to the SFMTA within ten days of any change of residence address, and shall accept mail at the address provided to the SFMTA. Color Scheme and Dispatch Service changes of address are subject to the prior written approval of the SFMTA. No Permit Holder may use a post office box as a current address.

14.

Service of Process. All Permit Holders agree to accept service of process, official notices, and correspondence (“service of process”) from the SFMTA as a condition of retaining a permit. Color Schemes must accept service of process from the SFMTA on behalf of any Permit Holder affiliated with that Color Scheme.

15.

Payments Due. No permit shall be issued or renewed until the applicant has paid all fines, fees, taxes, liens, judgments or other debts owing to the City.

16.

Response Time Goals. All Permit Holders shall make best efforts to comply with Response Time Goals at all times.

17.

Operation by Driver Permit Holders. No Permit Holder shall knowingly allow the use of a Taxi or Ramp Taxi vehicle as a motor vehicle for hire by any person who does not hold a Driver Permit and California driver’s license.

18.

Retaliation. No Permit Holder shall retaliate against another individual or entity for the exercise of any right provided by this Article.

b.

Electronic Taxi Access System. By a date to be determined by the SFMTA, each Dispatch Service Permit Holder shall integrate its dispatch system with and implement the Electronic Taxi Access System, and shall electronically transfer all of its Electronic Trip Data to the Electronic Taxi Access System in real-time as required by this Section 1105(b).

1.

Each Color Scheme Permit Holder and Dispatch Service Permit Holder shall cooperate with the SFMTA and the Electronic Taxi Access System Provider to ensure integration is conducted in accordance with the security measures and timeline established by the SFMTA.

2.

Each Color Scheme Permit Holder and Dispatch Service Permit Holder shall install all equipment, including dispatch equipment and/or an OBD device, deemed necessary by the SFMTA, in its sole and absolute discretion, to implement the Electronic Taxi Access System and electronically transfer all Electronic Trip Data to the Electronic Taxi Access System.

3.

Each Color Scheme Permit Holder and Medallion Holder shall be required to install an OBD device prescribed by the SFMTA in each of its affiliated Taxis if the SFMTA or the Electronic Taxi Access System Provider determines that installation of the OBD is necessary to meet the equipment, data or security requirements of the Electronic Taxi Access System.

4.

Neither the Electronic Taxi Access System Provider nor the SFMTA shall be responsible for any equipment, or for the failure of any equipment, installed inside the Taxi for the Electronic Taxi Access System.

5.

Each Dispatch Service Permit Holder and Color Scheme Permit Holder shall promptly notify the SFMTA and the Electronic Taxi Access System Provider of any equipment, data and/or security failure that may limit or restrict the ability of the Electronic Taxi Access System to securely collect Electronic Trip Data in real time. The Dispatch Service Permit Holder and Color Scheme Permit Holder shall be responsible for taking corrective measures within 24 hours of any equipment, data, and/or security failure, and shall promptly inform the SFMTA and the Electronic Taxi Access System Provider of the corrective action. In no event shall the Electronic Taxi Access System Provider or the SFMTA be responsible for the equipment, data, and/or security failure.

6.

No Permit Holder may disconnect or disable any equipment or software that is required by the SFMTA for the Electronic Taxi Access System. The failure of any Permit Holder to cooperate with the SFMTA or the Electronic Taxi Access System Provider to implement the Electronic Taxi Access System shall be grounds for suspension of the permit until the Permit Holder complies with the requirements of this Section.

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. 10-056, 4/20/2010; 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. 13-033 , Ad. 3/19/2013, Eff. 4/19/2013; 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)

Download

  • Plain Text
  • JSON

Comments