SFMTA - Color Scheme Requirements Dispatch Service Requirements

Color Scheme Requirements

Dispatch Service Requirements

SEC. 1103. PERMIT APPLICATIONS AND RENEWAL

(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,

(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);

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

SEC. 1103. PERMIT APPLICATIONS AND RENEWAL

(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;

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.

(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.

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.

SEC. 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.

(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.

(a)(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.

SEC. 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.

(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.

(a)(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.

(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).

(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

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.

(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.

(b)(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.

(b)(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.

(b)(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

in accordance with the security measures and

timeline established by the SFMTA.

(b)(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.

(b)(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.

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.

SEC. 1106. CONDITIONS APPLICABLE TO COLOR

SCHEME PERMITS.

In addition to all other conditions applicable to a

Color Scheme Permit, each Color Scheme Permit

Holder shall meet the following requirements and

performance standards:

(a) Rights of Color Scheme Permit Holder; Permit

Required. A Color Scheme Permit entitles the

Permit Holder to operate a business that provides

taxi service using vehicles painted with trade dress

authorized by the permit and unique to that

business. Any major change in trade dress colors of

a Color Scheme Permit Holder shall require a

permit application requesting the issuance of a new

Color Scheme Permit. Minor changes in trade dress

may be approved by SFMTA without a new permit

application. SFMTA shall determine, in its sole

discretion, whether a requested change of trade

dress is major or minor. No person shall operate a

Color Scheme business without a valid permit from

the SFMTA.

(b) Color Scheme Trade Dress. Upon request, the

Color Scheme Permit Holder shall provide to

SFMTA electronic, high-resolution copies of color

photographs of the front, sides and rear of each

make and model of Taxi and Ramp Taxi vehicle

affiliated with the Color Scheme.

shall ensure that all Medallion Holders affiliated

with that Color Scheme utilize the same Dispatch

Service utilized by the Color Scheme. A Color

Scheme must obtain the prior written approval of

the SFMTA before changing Dispatch Services. A

Color Scheme request for change of Dispatch

Service shall be approved unless the Color Scheme

or the Dispatch Service is on Administrative

Probation.

(d) Principal Place of Business. All Color Schemes

shall maintain a principal place of business within

the City, which must be staffed by at least one

person Monday through Friday from 9:00 A.M. to

5:00 P.M., excepting federal holidays. Every Color

Scheme must have the capacity to receive

deliveries during business hours and to send and

SEC. 1107. CONDITIONS APPLICABLE TO DISPATCH

SERVICE PERMITS.

(a) In addition to all other conditions applicable to

a Dispatch Service Permit, each Dispatch Service

Permit Holder shall comply with the following

performance standards:

(b) Minimum Dispatch Service Standards.

(1) A Dispatch Service must affiliate with at least

50 medallions and must successfully complete an

average of at least 250 verifiable Dispatch requests

per day with an average of a least three completed

Dispatch requests per medallion, per day, from

November 1, 2013 through December 31, 2013.

(2) A Dispatch Service must affiliate with at least

75 medallions and must successfully complete an

average of at least 375 verifiable Dispatch requests

per day with an average of a least 3.75 completed

Dispatch requests per medallion, per day, from

January 1, 2014 through December 31, 2014.

(3) A Dispatch Service must affiliate with at least

100 medallions and must successfully complete an

average of at least 500 verifiable Dispatch requests

per day with an average of a least five completed

Dispatch requests per medallion, per day, from

January 1, 2015 through December 31, 2015.

(4) Any Dispatch Service that does not meet the

minimum required levels for completion of

Dispatch requests per medallion set forth in

Sections 1107(b)(1) through (3), and all Color

Scheme Permit Holders affiliated with that Dispatch

Service Holder shall be placed on Administrative

Probation for not more than 90 days. If after 90

days the Dispatch Service cannot meet the

applicable minimum required levels for completion

of Dispatch requests per medallion, the Dispatch

Service permit shall be automatically revoked and

all affiliated Color Scheme Permit Holders shall

affiliate with a Dispatch Service that meets

minimum service standards.

Dispatch Service must:

(1) Maintain and update an emergency plan that

conforms to SFMTA requirements for Drivers and

Dispatch Service employees to follow in

receive documents and electronic correspondence

at all times, and the street address, telephone

number(s) and/or electronic address(es) for

documents and correspondence must be provided

to the SFMTA.

(e) Change of Business Location. A Color Scheme

must obtain the prior written approval of the

SFMTA before changing its principal place of

business.

(f) Telephone Access. Every Color Scheme shall

subscribe to a telephone service and publish the

name of the business, the Color Scheme Permit

number and the telephone number to which

requests for service and inquiries about Found

Property may be addressed in the Yellow Pages

section of the San Francisco telephone directory.

The published telephone number shall not be used

for the conduct of any business enterprise other

than the business of the Color Scheme. If a change

occurs in the name of the company or telephone

number under which taxi service is provided the

Color Scheme shall promptly request to change the

listing in the Yellow Pages section of the San

Francisco telephone directory. During those times

when the current listing in the Yellow Pages section

of the San Francisco telephone directory is

incorrect or when a new listing cannot be made

until the next printed copy is published, the “Color

Scheme shall maintain a current listing, including

the name of the company and telephone number,

with the San Francisco directory assistance (411)

and the City's 311 system".

(g) Designated Manager.

(1) All Color Schemes shall designate a natural

person as a manager who shall serve as the central

point of contact for all matters of regulatory

compliance. This manager shall be an individual

who has not had Motor Vehicle for Hire Permit

issued by the SFMTA suspended or revoked in the

past five years, except as otherwise approved in

writing by the SFMTA. A Color Scheme may

designate additional managers for specialized

matters subject to the prior written approval of the

SFMTA.

(2) The designated manager of a Color Scheme

shall be the agent for service of process for the

Color Scheme.

(3) Designation of a manager for purposes of this

subsection 1106(g)(3) does not qualify the manager

as Key Personnel for the Color Scheme.

(h) Staffing Requirements. Every Color Scheme

shall employ some combination of qualified staff,

contracted services and/or automated devices

emergencies, and file an updated emergency plan

annually at the time of permit renewal.

(2) Answer all calls by human, mechanical or other

device within six rings 365 days per year, 24 hours

per day. At least one person shall be available to

respond to calls at all times.

(3) Assign each dispatcher, operator and/or call

taker employed by the Dispatch Service a unique

individual identifier.

(4) Require all dispatchers, operators and/or call

takers, to answer a call with the name of the

Dispatch Service, and, upon request of the caller,

to identify themselves with either their unique

individual identifier or their legal name.

(5) If two or more Color Schemes share the same

Dispatch Service, the Dispatch Service may not

dispatch a vehicle from a Color Scheme other than

the one requested by the caller to respond to the

call until the Dispatch Service operator first advises

the customer of the Color Scheme of the vehicle

that will respond to the call.

(6) Comply with all applicable state laws and

regulations concerning Workers' Compensation.

(7) Must affiliate with an e-hail application

provider that meets criteria established by the

Director of Transportation.

(d) Found Property.

(1) Dispatch Service Permit Holders shall take

reasonable measures to attempt to return Found

Property to its rightful owner in a timely fashion. If

the owner cannot be contacted, the property shall

be held for safekeeping for a period of not less than

120 days. A receipt shall be issued to the Driver for

each item turned in.

(2) If the Found Property is currency, is of the

value of $100 or more, is either a serialized item or

an electronic device or contains owners

identification information, within 30 calendar days

the Dispatch

Service Permit Holder shall transfer the property to

the SFMTA, make a Police Report, and obtain both

Police Incident Report Number and a receipt of the

items processed.

(3) Dispatch Service Permit Holders shall advise

passengers claiming to have lost property of value

in a Taxi or Ramp Taxi, to make a lost property

police report if their property has not been found.

Color Schemes shall not inform customers to call

311 to report or recover Found Property.

(e) Minimum Dispatch Equipment Requirements.

Each Dispatch Service permit holder must maintain

at a minimum the following dispatch equipment

and dispatch capacity as of February 1, 2014:

adequate to perform at least the following

functions and provide the following capabilities:

(1) Receive inquiries about Found Property on a

24-hour basis.

(2) Receive and respond to communications and

information requests from the SFMTA.

(3) Document and track all Found Property and

turn it over to the Color Scheme's Dispatch Service

for processing.

(4) Comply with all state laws regarding Found

Property.

(i) Workers' Compensation Requirements. Color

Scheme Permit Holders shall comply with all

applicable state laws and regulations concerning

Workers' Compensation.

(j) Paratransit Program Minimum Requirements.

All Color Schemes must qualify for the Paratransit

Program and must execute a contract with the

Paratransit Broker defining the rights and

obligations of the parties. Thereafter, each such

Color Scheme shall operate at all times subject to

the Paratransit Program Minimum Requirements

set by the SFMTA, including any rules requiring the

Color Scheme to maintain insurance in excess of

the insurance requirements of this Article. Every

contract entered into between a Color Scheme and

a Driver or Medallion Holder affiliated with that

Color Scheme shall require the Driver to operate at

all times subject to the rules and regulations of the

Paratransit Program.

(k) Vehicle Maintenance and Cleaning.

(1) Every Color Scheme shall provide Drivers free

access to a facility that is adequate to thoroughly

wash all affiliated vehicles and that is in compliance

with all applicable laws and regulations, including

but not limited to environmental and zoning

requirements.

(2) When a Color Scheme receives notice of a

problem with the equipment of a vehicle affiliated

with that Color Scheme, the Color Scheme and the

Medallion Holder are jointly and severally

responsible for compliance with all of the following

requirements:

(A) Ensuring that all equipment on the vehicle

that is required by this Article or by the Paratransit

Broker is working properly.

(B) Taking out of service and repairing any vehicle

immediately if the failure of any equipment

presents a safety issue, if communications

equipment is not in working order, or if the

Taximeter seal is broken, removed, destroyed,

marred or otherwise tampered with.

(1) A hard-mounted driver information monitor or

mobile data terminal capable of two-way

communication to display and accept orders, which

must be directly connected to the taximeter or

connected to the taximeter as part of a secondary

system such as a payment system; and

(2) Integrated GPS to allow for nearest taxi

distribution of available orders; and

(3) Ability to dispatch entered orders based on

vehicle type;

(4) Configurable polling time of vehicle data and

status;

(5) Ability to report data on all orders entered into

system, including but not limited to: time and date,

order status, drivers/vehicles rejected and

drivers/vehicles accepted, all timing points of order

(entry time, dispatch time, acceptance or rejected

time, and trip completion time), abandoned and

non-completed jobs, driver login and logout status

while on duty;

(6) Functional direct voice access and two-way

communication with all affiliated Taxis and Ramp

Taxis.

(3) The Color Scheme with which a vehicle is

affiliated and the Medallion Holder are jointly and

severally responsible for complying with any

written order issued by the San Francisco

Department of Public Health that relates to a

Motor Vehicle For Hire.

(4) When a Color Scheme receives notice from a

Driver assigned to a Taxi or Ramp Taxi vehicle that

any equipment in or on that vehicle is unsafe, the

Color Scheme is required to promptly provide the

Driver with another Taxi or Ramp Taxi vehicle that

is in compliance with this Article.

(l) Spare Vehicles.

(1) A spare vehicle may operate with a Medallion

from a Taxi or Ramp Taxi only when necessary to

replace temporarily disabled Taxi vehicles. During

any time a spare vehicle is operating, the vehicle it

is replacing shall be available for inspection by the

SFMTA.

(2) During any time a spare vehicle is in operation

as a Motor Vehicle For Hire, the Taxi or Ramp Taxi

it is replacing shall be available for inspection by

the SFMTA.

(3) Each Color Scheme shall be issued a unique

series of "spare numbers" for spare vehicles

operating at that Color Scheme.

(4) All spare vehicles shall be kept at the Color

Scheme's place of business or other location

approved by SFMTA when not in actual use with a

Medallion.

(5) Once a vehicle is designated as a spare, it may

not be re-introduced to the fleet except by

approval of the SFMTA. All spare vehicles must be

owned by the Color Scheme and shall be registered

and insured as required by all applicable law.

(6) Color Schemes may not operate or allow

another entity or individual to drive or operate a

spare vehicle, unless such vehicle is using a

Medallion which is not in use in any other vehicle.

Any Color Scheme found to be violating this Section

shall be deemed to be operating a vehicle without

a permit. Each day of unauthorized operation

under this Section shall be a separate offense.

(7) All spare vehicles shall be equipped with

functional In-Taxi Equipment.

(m) Reduced Emissions by Color Scheme.

Beginning on June 1, 2011, each Color Scheme

Permit Holder shall maintain average per vehicle

greenhouse gas emissions at a level set by the

Department of the Environment to achieve the goal

of a 20% reduction in taxi fleet greenhouse gas

emissions from 1990 levels by the year 2012. For

the purpose of this requirement, Ramp Taxis shall

not be included in calculation of the Color Scheme's

average per vehicle greenhouse gas emissions.

(n) Information Required to be Posted. All Color

Schemes shall post the following information at

their place of business in a place where it is easily

visible to Drivers and Color Scheme employees:

(1) Certificate of Worker's Compensation. A copy

of a current and valid Certificate of Worker's

Compensation Insurance and information about

how to file a claim.

(2) Gate Fees. The current amounts charged for

Gate Fees, including the amount charged for each

available shift over the seven days of the week.

(3) Information Provided by SFMTA. The SFMTA

may require a Color Scheme to distribute

designated materials to each affiliated Driver, and

may require the Color Scheme to obtain written

acknowledgments of receipt from affiliated Drivers,

within a time period specified by SFMTA.

(o) Required Notifications.

(1) By the fifth day of each month, each Color

Scheme must file a report with the SFMTA listing

each accident that occurred during the previous

month involving any Taxi or Ramp Taxi affiliated

with the Color Scheme and resulting in property

damage or bodily injury.

(2) Color Schemes must notify the SFMTA in

advance of any change in the name, address or

telephone number under which taxi service is

provided by the Color Scheme. A change of name

or address require the prior approval of the SFMTA.

(3) Color Schemes have an affirmative obligation

to report to the SFMTA any actual knowledge

that a Driver is engaged in the sale, use, or

possession of drugs or alcohol in a Taxi or Ramp

Taxi vehicle.

(4) Color Schemes must notify the SFMTA

when Found Property is returned to its owner.

(p) Color Scheme Obligations Related To Drivers.

(1) Each Color Scheme shall ensure that every

Driver starts and ends each shift at the Color

Scheme's principal place of business, except with

the prior written approval of the SFMTA.

(2) Each Color Scheme shall ensure that every

affiliated Driver holds a valid A-Card.

(3) A Color Scheme shall not charge an applicant

for a Driver Permit for the statement of affiliation

required by Section 1103(c)(1)(F).

(4) A Color Scheme shall issue receipts for any

payments received from any Driver. A Color

Scheme shall accept payment of Gate Fees by

credit or debit card, and shall impose no charge or

fee on Drivers who pay their Gate Fees by credit or

debit card.

(5) Medical Certification of Drivers. Every Color

Scheme shall ensure that all affiliated Drivers

undergo any medical examination required by the

SFMTA in accordance with SFMTA requirements.

(6) A Color Scheme shall offer cashiering services,

through a third-party merchant account holder that

conforms to PCI DSS standards, to any Driver for

credit and debit card transactions collected by that

Driver as payment of taxi fare while that Driver was

driving a vehicle affiliated with that Color Scheme.

A Color Scheme may charge a Driver a fee for the

cashiering service, which shall not exceed 3.5

percent of the total amount of the credit or debit

card transactions presented to the Color Scheme. A

Color Scheme must require its third-party merchant

account holder to deposit the proceeds of the

Driver's credit and debit card transactions, minus

the fee of up to 3.5 percent, in an account of the

Driver's choice within one business day. A Color

Scheme may not require a Driver to use its

merchant account holder, and may impose no

charge for credit and debit cashiering services in

addition to the 3.5 percent fee on Drivers who

choose to use the Color Scheme's third-party

merchant account holder to cash credit and debit

card payments.

(7) Each Color Scheme shall inform every Driver

operating a Gas and Gates Medallion of the

applicable state and federal laws governing

maximum driving hours for the operators of a

commercial passenger-carrying vehicles, and must

inform every Driver of his or her obligation to

comply with such laws.

(q) Controlled Substance Testing Program;

Controlled Substances.

(1) Reserved: Controlled Substance Testing

Program.

(2) A Color Scheme having actual knowledge that a

Driver has tested positive for a controlled

substance as defined in 40 Code of Federal

Regulations Title 49 shall not permit the Driver to

operate a Taxi or Ramp Taxi until such time as the

Driver has tested negative.

(3) Color Schemes shall maintain drug- and

alcohol-free workplaces.

(4) No Color Scheme having actual knowledge that

a Driver has used and is currently under the

influence of a intoxicating or controlled substance,

as defined in 21 Code of Federal Regulations

Section 1308.01 et seq., shall permit that Driver to

operate or continue to operate a Taxi or Ramp Taxi.

(r) Found Property.

(1) Color Scheme Permit Holders shall take

reasonable measures to attempt to return Found

Property to its rightful owner in a timely fashion. If

the owner cannot be found, the property shall be

held for safekeeping for a period of not less than

120 days. A receipt shall be issued to the Driver for

each item turned in.

(2) If the Found Property is currency, is of the

value of $100 or more, is either a serialized item or

an electronic device or contains owners

identification information, within 30 calendar days

the Color Scheme Permit Holder or the designee

shall transfer the property to the SFMTA.

(3) Color Scheme Permit Holders shall advise

passengers claiming to have lost property of value

in a taxicab, to make a lost property police report if

their property has not been found. Color Schemes

shall not inform customers to call 311 to report or

recover Found Property.

(s) Dissolution Plan. Any Color Scheme that will be

terminating its business operations as a Color

Scheme and surrendering its permit shall file a

dissolution plan with the SFMTA at least 30 days

prior to the date that the Color Scheme anticipates

that it will cease to respond to requests for taxi

service. The dissolution plan shall include but not

be limited to plans for the disposition of records

and preservation of Waybills and Driver Rosters,

Driver and Medallion Holder files and Leases,

handling Found Property, notifying the public of

the termination in service and contact information

for future inquiries.

(t) Insurance Requirements. (Reserved)

SEC. 1108. CONDITIONS APPLICABLE TO DRIVER

PERMITS.

(3) Color Scheme Identification Card. A Driver's

Color Scheme Identification Card, which must bear

a photograph of the Driver, must be displayed

conspicuously at all times in any Motor Vehicle for

Hire that the Driver is operating in a manner that

the badge number printed on the card is easily

visible to any passenger in the vehicle.

with Color Scheme.

(1) All Drivers must notify the SFMTA at least three

business days prior to the effective date of any

change of affiliation with a Color Scheme. No

Driver may affiliate with a Color Scheme that is on

Administrative Probation pursuant to Section 1122.

(2) In accordance with California Government

Code Section 53075.5(b)(1)(B), a Driver's Permit

SEC. 1108. CONDITIONS APPLICABLE TO DRIVER

PERMITS.

(7) Every Driver must accept dispatch assignments

when available from their Dispatch Service. Drivers

must immediately notify their Dispatch Service if

they are unable to service an accepted call.

(10) Drivers shall comply with any passenger

request to turn down, turn off or change the

channel of any audible device that is not required

for safe operation of the vehicle or communication

with a Color Scheme, Dispatch Service, law

enforcement agency, health care provider, or other

emergency service agency. A Driver is not required

to comply with a passenger request for any

particular audio selection or other passenger

listening preferences.

(11) Except for emergencies, including but not

limited to an emergency call to a Dispatch Service,

shall be suspended for any period during which the

Driver is not affiliated with a Color Scheme.

(10) Drivers shall comply with any passenger

request to turn down, turn off or change the

channel of any audible device that is not required

for safe operation of the vehicle or communication

with a Color Scheme, Dispatch Service, law

enforcement agency, health care provider, or other

emergency service agency. A Driver is not required

to comply with a passenger request for any

particular audio selection or other passenger

listening preferences.

(13) During a shift a Driver may not monitor or

listen to any Dispatch Service other than the

Dispatch Service that provides service to the Color

Scheme with which the vehicle is affiliated. A Driver

must be logged into all in-taxi equipment at all

times while operating a taxi vehicle, using a means

of identification approved by the SFMTA, and a

Driver must be logged into the e-hail application

with which the Dispatch Service is affiliated.

(23) Drivers shall make a visual check of the

interior of the vehicle at the conclusion of each trip

to determine if any property has been left behind.

If any of the passenger's property was loaded in the

trunk, the Driver shall check the trunk area at the

end of the trip to ensure that no property was left

behind.

(24) Upon discovery, a Driver shall report Found

Property to the Dispatch Service immediately, and

shall take reasonable measures to attempt to

return Found Property in the vehicle to the rightful

owner during the shift in which it was discovered. If

it is not possible to return the Found Property

before the end of the shift, the Driver shall leave it

with the Color Scheme or Dispatch Service at the

end of the shift. Drivers shall record a description

of the Found Property on a form provided by the

Color Scheme or Dispatch Service, stating whom

they have contacted about the Found Property,

and whether it was returned to the owner during

the shift in which it was discovered, and if not,

where and with whom it was left.

(f) Duties at End of Shift.

(1) Until April 30, 2013, or earlier pursuant to

notice from the SFMTA that the Color Scheme for

which he or she drives is affiliated with a Dispatch

Service that has implemented a system for

generating Electronic Trip Data, Drivers shall turn in

all completed paper waybills to the Color Scheme

at the conclusion of each shift.

(2) The Driver shall remove any litter, personal

a law enforcement agency, health care provider, or

other emergency service agency, Drivers shall

immediately comply with any passenger request to

terminate mobile telephone conversations.

(12) Drivers may only use personal telephones in

the vehicle in accordance with all applicable laws.

While a passenger is in the vehicle, Drivers'

personal conversations must be limited in number

and short in duration, and at no time shall a Driver

allow a personal communication to interfere with

the Driver's full attention to the operation of the

vehicle.

(13) During a shift a Driver may not monitor or

listen to any Dispatch Service other than the

Dispatch Service that provides service to the Color

Scheme with which the vehicle is affiliated. A Driver

must be logged into all in-taxi equipment at all

times while operating a taxi vehicle, using a means

of identification approved by the SFMTA, and a

Driver must be logged into the e-hail application

with which the Dispatch Service is affiliated.

(23) Drivers shall make a visual check of the

interior of the vehicle at the conclusion of each trip

to determine if any property has been left behind.

If any of the passenger's property was loaded in the

trunk, the Driver shall check the trunk area at the

end of the trip to ensure that no property was left

behind.

(24) Upon discovery, a Driver shall report Found

Property to the Dispatch Service immediately, and

shall take reasonable measures to attempt to

return Found Property in the vehicle to the rightful

owner during the shift in which it was discovered. If

it is not possible to return the Found Property

before the end of the shift, the Driver shall leave it

with the Color Scheme or Dispatch Service at the

end of the shift. Drivers shall record a description

of the Found Property on a form provided by the

Color Scheme or Dispatch Service, stating whom

they have contacted about the Found Property,

and whether it was returned to the owner during

the shift in which it was discovered, and if not,

where and with whom it was left.

(f) Duties at End of Shift.

(1) Until April 30, 2013, or earlier pursuant to

notice from the SFMTA that the Color Scheme for

which he or she drives is affiliated with a Dispatch

Service that has implemented a system for

generating Electronic Trip Data, Drivers shall turn in

all completed paper waybills to the Color Scheme

at the conclusion of each shift.

(2) The Driver shall remove any litter, personal

items, and any other loose items that do not

belong with the vehicle.

(3) Drivers shall turn any unreturned or unclaimed

Found Property in the Driver's possession at the

end of a shift to the Color Scheme's or Dispatch

Services' place of business, and shall obtain a

receipt for the item regardless of value.

items, and any other loose items that do not

belong with the vehicle.

(3) Drivers shall turn any unreturned or unclaimed

Found Property in the Driver's possession at the

end of a shift to the Color Scheme's or Dispatch

Services' place of business, and shall obtain a

receipt for the item regardless of value.

SEC. 1109. CONDITIONS APPLICABLE TO

MEDALLIONS.

(a) Affiliation With Color Scheme Required; Color

Scheme Change.

(1) A Medallion Holder must affiliate with a single

Color Scheme Permit Holder. A Medallion Holder

shall be deemed affiliated with a particular Color

Scheme when the SFMTA approves his or her

application pursuant to this Article, and shall entitle

the Medallion Holder to the right to the use of that

Color Scheme's trade dress and place of business.

(2) Affiliation with a Color Scheme and/or the

failure of a Color Scheme to comply with this

Article does not relieve the Medallion Holder of his

or her responsibility to comply with all

requirements of this Article applicable to the

Medallion Holder.

(3) A Medallion Holder may apply to the SFMTA for

a change in affiliation. The applicant's choice of

Color Scheme shall be subject to the prior approval

of the SFMTA. A Medallion Holder's request for

affiliation with a Color Scheme shall be approved

unless the Color Scheme is on Administrative

Probation pursuant to Section 1120(d). The SFMTA

may delay or deny a change in Color Scheme

affiliation by a Medallion Holder if a court of

competent jurisdiction issues a temporary or

permanent order to prohibit or delay the transfer.

The Director of Transportation may waive the color

scheme change fee payable under Section 320 if

the Medallion Holder's current Color Scheme has

ceased operation, or soon will cease operation, or

if the SFMTA has revoked or suspended the Color

Scheme's permit.

(4) A Medallion Holder who purchases his or her

Medallion in accordance with Section 1116 must

affiliate with a Participating Color Scheme.

(6) Exception for Color Scheme Key Personnel.

Color Scheme. Each Color Scheme will be entitled

to designate Key Personnel in accordance with the

number of Medallions affiliated with that Color

Scheme. The number of Medallions affiliated with a

particular Color Scheme for a calendar year shall be

determined as of December 1st of the previous

SEC. 1109. CONDITIONS APPLICABLE TO

MEDALLIONS.

(b) Use of Dispatch Service. All Medallion Holders

affiliated with a Color Scheme must utilize the

same Dispatch Service.

year, based on the records of the SFMTA. Only

individuals already holding a Medallion by

December 1 of that year may be considered for Key

Personnel designation. The number of designated

Key Personnel at a Color Scheme may not be

increased or decreased during the subsequent

calendar year even if the number of Medallions

affiliated with that Color Scheme changes during

the year.

A Color Scheme with 1 to 10 Medallions may not

designate anyone as Key Personnel.

A Color Scheme with 11 to 20 Medallions may

designate one person.

A Color Scheme with 21 to 40 Medallions may

designate two people.

A Color Scheme with 41 to 60 Medallions may

designate three people.

A Color Scheme with 61 to 80 Medallions may

designate four people.

A Color Scheme with 81 to 100 Medallions may

designate five people.

A Color Scheme with 101 to 150 Medallions may

designate six people.

A Color Scheme with 151 to 200 Medallions may

designate seven people.

A Color Scheme with 201 to 300 Medallions may

designate eight people.

A Color Scheme with 301 to 400 Medallions may

designate nine people.

A Color Scheme with over 400 Medallions may

designate nine people, plus one additional person

for every 100 Medallions over 400.

(D) Statement of Work by Key Personnel. No later

than February 1st of each year, each Color Scheme

that has designated one or more employees as Key

Personnel must submit a written Statement of

Work on a form provided by SFMTA, demonstrating

the number of hours during the previous calendar

year that each of its designated Key Personnel

worked on tasks related to the business of the

Color Scheme, including but not limited to, office

duties, dispatching, cashiering, or performing

management duties. The Statement of Work shall

be signed under penalty of perjury by both the

Color Scheme and the Medallion Holder designated

as Key Personnel. The Color Scheme shall be

responsible for submitting proof of employment

with the Statement of Work, which shall consist of

state or federal tax forms filed with the appropriate

regulatory agency. A Medallion Holder and/or

Color Scheme that submit a falsely sworn

Statement of Work shall be subject to automatic

revocation of his or her Permit.

(E) Partial Completion of Requirements. If a

Medallion Holder performs at least 750 hours of

work as designated Key Personnel for the a Color

Scheme during the year but less than 1,500 hours,

the Permit Holder shall be entitled to partial credit

against the Full-Time Driving requirement on a pro

rata basis. The credit shall correspond to the

percentage of 1,500 hours that the designated

Permit Holder worked for the company in such

capacity. If a Permit Holder does not perform at

least 750 hours of work as designated personnel for

the Color Scheme during the year, the Permit

Holder shall not be entitled to any credit against

the Full-Time Driving requirement.

(e) Medallion Operation.

(1) A Medallion Holder may arrange for the

continuous operation of the Medallion in

compliance with Section 1105(a)(9) only as follows:

(A) By entering into a Lease with a Color Scheme

under which the Color Scheme will operate the

Medallion as a Gas and Gates Medallion.

(ii) The Medallion Holder is prohibited from

charging any Gate Fee other than the Gate Fee

posted for that shift by the Color Scheme with

which the Medallion is affiliated, and is prohibited

from charging Drivers any amounts other than a

Gate Fee.

(iii) The Medallion Holder is responsible for

compliance with all requirements imposed upon

Color Scheme permit holders by Section 1106,

subsections (i), (j), (k), (n), (o)(1), (o)(3), (p)(2),

(p)(4), (p)(5), (p)(7), (q) and (t).

SEC. 1110. CONDITIONS APPLICABLE TO RAMP

TAXI MEDALLIONS.

(d) Use Agreements for Ramp Taxi Medallions.

(1) The SFMTA shall authorize the operation of a

Ramp Taxi Medallion that is returned to the SFMTA

for any reason by executing a Use Agreement with

either a Color Scheme Permit Holder or a Driver, at

the discretion of the SFMTA.

(A) With the exception of the circumstances

described in Subsection (d)(1)(B), below, only those

Color Scheme Permit Holders or Drivers that have

demonstrated exceptional performance responding

to requests for service by passengers who use

wheelchairs, or those Color Schemes that do not

have wheelchair pick-up history but have

demonstrated otherwise exceptional dispatch

performance, in accordance with criteria to be

determined by the Director of Transportation, shall

be eligible for such Use Agreements for Ramp Taxi

SEC. 1110. CONDITIONS APPLICABLE TO RAMP

TAXI MEDALLIONS.

(d)(2) Any Color Scheme that operates more than

one Ramp Taxi Medallion pursuant to a Use

Agreement with the SFMTA, and that is affiliated

with a Dispatch Service that dispatches at least six

Ramp Taxi Medallions, may operate up to 50

percent of its affiliated Ramp Medallions in a non-

accessible Taxi vehicle during the hours of 4:00

p.m. to 4:00 a.m. daily.

(B) For Dispatch Services that are affiliated with

multiple Color Schemes, the receipt of an excessive

number of substantiated complaints on average,

per medallion per month, regarding any request for

wheelchair service during those hours that was not

fulfilled within 30 minutes of request shall result in

termination of the privilege for all Color Schemes

affiliated with that Dispatch Service.

Medallions.

(B) If a Gas and Gates Ramp Taxi Medallion is

returned to the SFMTA for any reason, the SFMTA

shall allow the Color Scheme with which the Ramp

Taxi Medallion is affiliated to operate the Ramp

Taxi Medallion as a Gas and Gates Medallion for

the remaining life of the Ramp Taxi vehicle if the

SFMTA determines, in accordance with criteria to

be determined by the Director of Transportation,

that the Color Scheme has a record of satisfactory

service to passengers who use wheelchairs. If the

SFMTA determines that the Color Scheme with

which the Gas and Gates Ramp Taxi Medallion is

affiliated has not provided satisfactory service to

passengers who use wheelchairs, or upon

expiration of the Ramp Taxi vehicle's useful life, the

SFMTA may allow another Color Scheme or a Driver

that meets the exceptional performance standard

for wheelchair pick-ups to operate the Ramp Taxi

Medallion.

(2) Any Color Scheme that operates more than one

Ramp Taxi Medallion pursuant to a Use Agreement

with the SFMTA, and that is affiliated with a

Dispatch Service that dispatches at least six Ramp

Taxi Medallions, may operate up to 50 percent of

its affiliated Ramp Medallions in a non-accessible

Taxi vehicle during the hours of 4:00 p.m. to 4:00

a.m. daily.

SEC. 1113. TAXI AND RAMP TAXI EQUIPMENT

REQUIREMENTS.

(a) Vehicle Operation.

(1) Safe Operating Condition. All Taxis and Ramp

Taxis must be maintained in a safe operating

condition. Except as otherwise specified herein, all

Taxi and Ramp Taxi Medallion Holders and Color

Schemes are jointly and severally responsible for

ensuring that all Taxis and Ramp Taxis for which

they hold permits or with which they are affiliated

meet all equipment requirements listed in this

Section. In addition to imposing any applicable

penalty for non-compliance with equipment

requirements, The SFMTA may remove any vehicle

from service for any violation of this Section until

the violation is corrected and the vehicle is

inspected and approved by the SFMTA.

(9) Tobacco Advertising Ban.

(A) Color Schemes and Medallion Holders are

prohibited from placing or maintaining, or causing

or allowing to be placed or maintained, any

advertising or promotion of cigarettes or tobacco

products on any Taxi or Ramp Taxi.

(B) For the purposes of this subsection, "tobacco

SEC. 1113. TAXI AND RAMP TAXI EQUIPMENT

REQUIREMENTS.

(c)(8) Telephone Number for Dispatch. A

telephone number enabling the public to reach the

dispatch service with which the vehicle is affiliated.

product" shall mean any substance containing

tobacco leaf, including but not limited to,

cigarettes, cigars, pipes, tobacco, snuff, chewing

tobacco and dipping tobacco. For the purposes of

this Section, "promote" or "promotion" shall

include a display of any logo, brand name,

character, graphics, colors, scenes, or designs that

are trademarks of a particular brand of tobacco

product.

(2) 311 Information. Information about using the

311 system for complaints and lost property,

including the Vehicle Number and the name of the

Color Scheme.

(e) Communication Equipment. Every Taxi and

Ramp Taxi shall be equipped with direct voice

access and two-way communication with a

Dispatch Service affiliated with the Taxi or Ramp

Taxi.

(s) Inspections.

(1) Inspection Required. All Taxis and Ramp Taxis

shall be inspected by the SFMTA or its designee,

every six months if they are used as spare vehicles

or have 200,000 miles or more on the odometer,

and every 12 months for regular vehicles, at a date

and time designated by the SFMTA, and at any

other time deemed necessary by the SFMTA. At the

time of a scheduled inspection of the vehicle, the

Color Scheme or Taxi or Ramp Taxi Medallion

Holder must provide the following:

(A) Valid and current State of California vehicle

registration.

(B) Valid and current Brake Certificate issued by an

official inspection station certified by the State of

California within 60 days prior to inspection.

all applicable laws and regulations.

(D) A Vehicle Introduction Form signed and

approved by the SFMTA.

(6) Removal of Vehicle from Service.

(A) A Color Scheme shall make any vehicle

available for inspection upon SFMTA request. If a

Color Scheme fails to make a vehicle available for

inspection or if the SFMTA determines that a

vehicle is not in compliance with all applicable laws

and regulations, the SFMTA may order the vehicle

to be removed from service until it passes

inspection.

(B) If the SFMTA determines that additional repairs

or further inspection of the mechanical condition

or safety equipment of a Taxi or Ramp Taxi is

necessary, the Color Scheme or Medallion Holder

shall make the necessary repairs or arrangements

in order to determine if repairs are necessary, and

must provide a statement of findings to the SFMTA

from the repair person.

SEC. 1114. RECORDS AND REPORTING

REQUIREMENTS APPLICABLE TO PERMIT

HOLDERS.

(b) Additional Requirements Applicable to

Drivers.

(4) Waybills.

(A) Until April 30, 2013, Drivers at Color Schemes

that are not affiliated with a Dispatch Service that

provides Electronic Trip Data shall be required to

create a paper waybill for each shift, which shall

include the date of the trip, the Driver's name and

badge number, the medallion number and vehicle

license number, the starting and ending mileage for

each shift, the number of passengers on each trip,

and the origin, destination and meter total for each

trip. Such paper waybills shall be signed by the

Driver at the conclusion of the shift and shall be

mechanically or electronically time stamped at the

beginning and end of each shift.

(B) After April 30, 2013, no Driver shall be required

to create paper waybills. Drivers shall continue to

be responsible for maintaining certain manual

documentation for regulatory purposes as required

elsewhere in this Article, including but not limited

to, documenting non-Paratransit Debit Card

wheelchair-using customers, recording any trip

information that the Driver may need to

substantiate his or her position with respect to any

incident occurring in the Taxi, and manually

entering onto the meter the medallion number at

the beginning of each shift, and the number of

passengers for each fare.

(e) Additional Requirements Applicable to Color

Schemes.

(1) Waybills.

(A) A Color Scheme shall retain original paper

waybills for all Drivers and Medallion Holders for at

least one year at its principal place of business; and

shall maintain originals and/or legible copies of

paper waybills and the data generated by

electronic waybills for at least six years to

document driving performed by Drivers affiliated

with the Color Scheme. Color Schemes may store

copies of original paper waybills more than 12

months old in a secure electronic format.

(B) Until such date as they may be discarded

pursuant to Section 1114(e)(1)(A), above, Color

Schemes shall store paper waybills either

alphabetically, numerically or chronologically. If a

SEC. 1114. RECORDS AND REPORTING

REQUIREMENTS APPLICABLE TO PERMIT

HOLDERS.

(f) Additional Requirements Applicable to

Dispatch Services.

(1) Electronic Trip Data. Each Dispatch Service

Permit Holder shall implement a system or enhance

an existing system to generate Electronic Trip Data

in a format approved by the SFMTA for all affiliated

vehicles no later than April 30, 2013. Such system

must, at a minimum, archive all taxi trip data for at

least six years, produce data that can generate

reports using commonly available database and

spreadsheet software, and record the following

information:

(A) Driver's identification established by

authentication through Driver's license swipe or

other secure system;

(B) Date of shift;

vehicle status (available or hired);

(D) Medallion number (manually entered);

(E) Number of passengers on each trip (manually

entered);

(F) GPS-generated origin, incremental, destination

coordinates of each trip;

(G) The fare for each trip including applicable fees

charged;

(H) The mileage for each trip;

(I) The total number of trips for each shift;

(J) The time of hire and discharge for each trip;

(K) The starting and ending times and total hours

of each shift.

(2) Integration with Electronic Taxi Access

System.

(A) Each Dispatch Service Permit Holder shall

implement a system or extend an existing system

to integrate and exchange Electronic Trip Data with

the Electronic Taxi Access System.

(B) Each Dispatch Service Permit Holder shall use

systems to share Electronic Trip Data in real-time.

As Drivers start their daily shift, systems used by

Dispatch Service Permit Holders shall exchange

company, Driver, vehicle and day/time data with

the Electronic Taxi Access System. As Drivers begin

and end trips, systems used by Dispatch Service

Permit Holders must share pick-up location, real-

time telemetry during the trip, destination location

and fare payment data, not including personal

Color Scheme's waybills are not so organized, the

SFMTA may require the Color Scheme to reorganize

the waybills either alphabetically, numerically or

chronologically, and the Color Scheme shall order

waybills in accordance with SFMTA direction within

90 days of SFMTA request. A Color Scheme may

request a waiver of such requirement if the Permit

Holder demonstrates to SFMTA's satisfaction that

its waybills are already organized in a different

manner that allows efficient inspection and

auditing by SFMTA. Any waybills presented to

SFMTA for inspection in any manner other than as

required or approved by SFMTA may not be

counted for compliance with the Full-Time Driving

requirement.

Driver duplicate copies of that Driver's waybills for

a prior year in an electronic or paper format, the

Color Scheme may charge no more than $0.10 per

page, or a flat fee not to exceed $50 for duplication

of all waybills of a Driver for the period of one year.

After April 30, 2013, Color Schemes must make

available Driver Electronic Trip Data to that Driver

in an electronic format upon Driver request for any

date in the year 2013 and forward, including, but

not limited to, any other portable storage medium

or device or via electronic mail at the Color

Scheme's option, and may charge no more than

$10 per year for electronic duplication of Driver

records.

(2) Medallion Holder Files. Color Schemes must

maintain files for each Medallion Holder affiliated

with the Color Scheme. Such files shall at least

contain written copies of all Leases or permits

associated with the Motor Vehicle for Hire at the

Color Scheme's principal place of business, and

employment or other applications initiating

affiliation with the Color Scheme. Color Schemes

shall provide copies of a Lease to any party to the

Lease upon request.

(3) Receipts to Drivers. Color Scheme Holders shall

provide receipts for payments for fuel, Gate Fees,

Lease fees or any other payment made by Drivers

to Color Schemes.

(4) Medical Examination Certificates. Reserved.

(5) Vehicle Inventory Changes. Prior to placing a

Taxi or Ramp Taxi into service for the first time,

when changing one vehicle for another, or when

assigning a new Vehicle Number, the Color Scheme

shall submit the information required by this

Section to the SFMTA on a form provided by the

SFMTA.

customer information. As Drivers end their daily

shift, systems used by Dispatch Service Permit

Holders shall exchange company, Driver, vehicle

and day/time data with the Electronic Taxi Access

System.

Holders shall transmit Electronic Trip Data to the

Electronic Taxi Access System at a periodic rate.

The transmission rate must be configurable with a

default setting of every six seconds.

(3) Semi-Annual Service Report. All Dispatch

Services must provide the SFMTA with dispatch

service reports covering the period of January 1

through June 30 due to the SFMTA by August 1,

and covering the period of July 1 through

December 31 by February 1 of each year in a

format approved by the SFMTA.

(4) Reports of Found Property.

(A) Receipt to Drivers. Every Dispatch Service

Permit Holder shall issue a receipt to the Driver for

any Found Property located in an affiliated Taxi or

Ramp Taxi and provided to the Dispatch Service.

(B) Return to Owner. Every Dispatch Service

Permit Holder shall endeavor to return Found

Property to its rightful owner. If after 2 business

days the owner cannot be located, the Dispatch

Service Permit Holder shall give the property to

SFMTA with a receipt that includes an inventory of

the property, the date it was turned in, the name

or badge number of the Driver who turned it in and

the Vehicle Number of the vehicle in which it was

found.

Permit Holder shall maintain at the principal place

of business a log book in a form approved by the

SFMTA which records the date, time, vehicle

number, Driver by name or badge number, Incident

Report Number (if applicable), description and

disposition of the property. The log book shall be

retained for a minimum period of one year.

(D) Weekly Property Report to SFMTA. On the

first business day of each week, each Dispatch

Service Permit Holder shall fax or email to the

SFMTA a copy of all entries made in the property

log for the previous week. Those Dispatch Services

having no entries for that week will fax or email a

notice advising the SFMTA that no property was

turned in. Dispatch Service Permit Holders shall

account for all affiliated Color Schemes.

(5) Annual Filings Required for Renewal of Permit.

No Dispatch Service Permit shall be renewed

unless the Permit Holder files the following

documents by May 1 of each year:

(6) Current Information Required to be

Maintained. All Color Schemes shall maintain at

the principal place of business the following

information in a place where it is easily accessible

to dispatchers and for immediate inspection upon

request by SFMTA:

(A) Driver Roster.

(B) List of Affiliated Drivers. A current list updated

at least weekly with all affiliated Drivers, including

Driver's name, home address, cellular telephone

number Driver Permit number, and California

driver's license number.

Ramp Taxis including, but not limited to, the vehicle

number, the vehicle license number, the vehicle

identification number, the Model Year and make of

the vehicle.

(7) Weekly Reporting Requirements. Color

Schemes shall fax or email to the SFMTA the

following reports. Except as otherwise provided,

weekly reports shall be submitted by close of

business on the first business day of each week:

(A) Driver Roster.

(i) Every Color Scheme Permit Holder shall

maintain a Driver Roster, updated after each shift

to reflect actual shift assignments, that must at a

minimum include: the date of the shift assignment,

Driver's name, and the hours worked for that shift,

vehicle number and Medallion number, if different.

This schedule shall include the schedules of all

Medallion Holders affiliated with a Color Scheme.

The Driver Roster shall be provided to the SFMTA

as part of the weekly report, and shall be made

available for inspection by the SFMTA or law

enforcement agencies during business hours.

(ii) All original Driver Rosters shall be retained at

the Color Scheme's principal place of business for a

period of not less than six years. Color Schemes

shall maintain at the principal place of business the

most recent 12 months of Driver Rosters in a paper

format. Color Schemes may store Driver Rosters

more than 12 months old in a secure electronic

format. The SFMTA may excuse a Color Scheme

from retaining schedules for a particular year by

certifying that a Color Scheme has submitted all 12

schedules for that year. The SFMTA may grant

exceptions for submission for companies with

exceptionally large schedules or which have an

electronic timecard system for schedules.

(B) List of Terminated Drivers. Color Schemes shall

list the name and A-Card number of any Driver

terminated during the prior week, and the date of

(A) Copy of current City business license;

(B) Completed Designated Manager Form;

(D) Copy of company drug-free workplace policy;

(E) Insurance certificates demonstrating

compliance with the insurance requirements of this

Article;

(F) Sworn statement attesting to compliance with

this Article and applicable state and federal laws.

termination.

Taxis and/or Ramp Taxis which have been out of

service for more than 72 hours as of the preceding

week on a form approved by the SFMTA, including

but not limited to the and the spare vehicle, if any,

that was assigned to replace the out-of-service Taxi

and/or Ramp Taxi, the reason for the breakdown

and the estimated date of return to service. (8)

Filings Required for Paratransit Compliance.

(A) Color Schemes must notify the Paratransit

Broker within three working days of making any

alteration to their In-Taxi Equipment.

(B) Color Schemes must provide a monthly

inventory of all SFMTA-owned In-Taxi Equipment to

the Paratransit Broker.

(9) Security Camera Data. Color Schemes are

required to provide the SFPD or SFMTA, upon

demand, with any data captured by the security

camera in a vehicle.

SEC. 1116. TAXI MEDALLION TRANSFER

PROGRAM.

(n) Expiration and Retransfer of a Transferable

Medallion upon Revocation of the Medallion or

Death of the Medallion Holder.

(4) Continued Operation After Revocation or

Death of the Medallion Holder. Upon revocation

or death of the Medallion Holder, and until the

Transferable Medallion is distributed to a new

Medallion Holder, the SFMTA may require the

Participating Color Scheme with which the

Medallion is affiliated to continue to operate the

Medallion. The SFMTA shall deposit any payments

made by the Participating Color Scheme to the

SFMTA during such interim into the Driver Fund.

(o) Participating Color Schemes. Any Color Scheme

Permit Holder who wishes to act as a Participating

Color Scheme through affiliation with Transferable

Medallions must enter into a written agreement

with the SFMTA. The agreement shall include, but

need not be limited to, the agreement of the Color

Scheme Permit Holder to allow any Transferable

Medallion transferred under this Section to affiliate

with the Color Scheme in accordance with all

applicable rules and regulations, and to operate

any such affiliated, Transferable Medallion during

the period commencing on the death of the

Medallion Holder, revocation of the Medallion, or

foreclosure upon the Medallion, and ending on the

Retransfer or other disposition of the Medallion by

the SFMTA. During such periods of operation, the

Color Scheme shall make periodic payments to the

Qualified Lender or to the SFMTA for the right to

operate the Medallion in accordance with the

agreement between the SFMTA and the

Participating Color Scheme.