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Spring 2009 Issue

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Revised Rules & Regs Go into Effect June 19

Following its takeover of industry regulation from the Taxi Commission, the MTA has approved revised rules for drivers, medallion holders and cab companies. The MTA's Board of Directors approved the rules on May 19, with an effective date of June 19.

Among the rules (some old and some new) are are the following:

• An A-card becomes void when a driver is no longer employed by a cab company. It must be returned to the MTA within 30 days unless the driver starts work at another company. The MTA will hold an A-card on file for a driver who intends to resume driving and will return the A-card to the driver at that time. (This provision is of concern in connection with a requirement that medallion applicants must have a valid A-card to maintain their position on the waiting list.)

• Drivers must notify the MTA three days before changing companies.

• All shifts must start and end at the color scheme's place of business, except with prior written approval of the MTA.

• Waybills must be turned in at the end of each shift.

• A driver cannot demand, request or suggest that a passenger leave a tip, unless the means of payment allows only the driver to add the tip. In that case, the driver may ask if the passenger would like to tip.

• Companies and their employees can't solicit or accept anything of value from drivers other than payments for gates, lease fees or goods actually received. In other words, tipping the dispatcher is out.

• Drivers must take an average of one dispatch call an hour, when available. Ramp taxi drivers must take three wheelchair calls a shift if available.

• Drivers must report found property to dispatch immediately upon discovery, and try to return it during the shift. If it can't be returned, it must be left with the company or dispatch service at the end of the shift.

• If there is a fare dispute, the driver must call the police or, if the passenger consents, go to the nearest police station.

• Drivers can charge $1 for each piece of luggage that doesn't fit in the passenger compartment or trunk of the vehicle with the lid closed.

• Companies must provide receipts to drivers for all money paid and for found property.

• Companies cannot charge drivers for letters of hire. One set of rules that has not yet been spelled out will require drivers to take drug tests in compliance with state law. Other rules to be considered later pertain to leasing arrangements. A slew of other rules apply to drivers, medallion holders, cab companies and dispatch services. They can be found in the city's Transportation Code Division II, regulating Motor Vehicles for Hire. The taxi rules start at Article 1100, Section 1101. They may be viewed at the MTA's website taxi page. www.sfmta.com/taxi

====================================================================

Sherry Gendelman
Attorney at Law

Specializing in
Traffic & Criminal Defense and Personal Injury

421 Grand Avenue, Suite A
South San Francisco, CA 94080
(650) 615-0117 * Fax (650) 589-3980
E-mail: sherrygendelman@aol.com

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Spring 2009 Issue

First Article

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