§ 1202. DEFINITIONS.

For purposes of this Article 1200, the following definitions shall apply:

“Administrative Probation” shall mean the status of being substantially out of compliance with this Article 1200 according to a written determination of Administrative Probation issued by the SFMTA.

“Applicant” shall mean any person, business, firm, partnership, association, or corporation that applies for a Non-Standard Vehicle Permit under this Article 1200 .

“Application Fee” shall mean a fee in an amount established by the SFMTA Board of Directors, due upon the Initial Application for a permit. The Application Fee may be included as a nonrefundable portion of the Permit Fee due from an Applicant under Section 322 of the Transportation Code.

“Authorized Operator” shall mean any person, business, firm, partnership, association, or corporation that holds a Proof of Concept Authorization to operate a Shared Mobility Device Service or Non-Standard Vehicle.

“Citation” shall mean a notice informing a Permittee or an individual or entity not a Permittee, that the Permittee, individual, or entity has violated any statute, ordinance, or regulation governing the operation or licensing of Non-Standard Vehicles.

“Complaint” shall mean a document issued by the SFMTA upon receipt of the Respondent’s request for a hearing on a Citation, Notice of Denial, Notice of Revocation, or Notice of Summary Suspension, which shall contain information about each alleged violation or basis for denial, revocation, or summary suspension.

“Hearing Officer” shall mean a person employed by SFMTA’s Hearing Division who is trained and authorized to conduct hearings.

“Initial Application” shall mean the first application submitted by an Applicant for a permit under this Article 1200 , as contrasted to subsequent applications submitted by a current Permittee for its continued participation in the permit program established under this Article 1200 .

“Mobility Device” shall mean

(a) a conveyance with the primary purpose of carrying people and which is capable of transporting one or more persons on a public roadway, and over which the SFMTA may exercise jurisdiction. “Mobility Device” includes but is not limited to, a motor vehicle, bicycle, or other conveyance that has the potential to impede the direction and flow of traffic, and includes a Stationless Shared Bicycle or Powered Scooter.

(b) Notwithstanding the foregoing subsection (a), “Mobility Device” is not:

(1) a type of conveyance excluded from the scope of this Article 1200 under Section 1201(b)(2);

(2) any motor vehicle that is required to have a parking permit under Article 900 of the Transportation Code; or

(3) a device assigned for the sole exclusive use by the same individual for at least 30 consecutive days.

“Model Year” shall mean a model year designated for a vehicle by the manufacturer at the time of first assembly as a completed vehicle.

“Non-Standard Vehicle” shall mean a privately owned, motor-propelled, passenger- carrying vehicle that is available for hire, is a type of vehicle which may be legally operated on the streets of the City under all applicable state and local laws and regulations, and over which the City may exercise jurisdiction, but which is not a type of vehicle excluded from the scope of this Article 1200 under Section 1201(b)(2). “Non-Standard Vehicle” includes but is not limited to Private Transit Vehicles.

“Non-Standard Vehicle Permit” shall mean a permit issued for any class of Non-Standard Vehicle in accordance with this Article 1200 .

“Notice of Approval” shall mean a notice informing an Applicant for a permit that the SFMTA has decided to grant the application for the permit under Section 1205 of this Article 1200 .

“Notice of Approval with Conditions” shall mean a notice informing an Applicant for a permit that the SFMTA has decided to conditionally grant the application for the permit under Section 1205 of this Article 1200 , subject to specific conditions in addition to those imposed under Sections 1206 or 1207 of this Article 1200 .

“Notice of Denial” shall mean a notice informing an Applicant for a permit that the SFMTA has decided to deny the application for the permit under Section 1205 of this Article 1200 .

“Notice of Revocation” shall mean a notice informing a Permittee that the SFMTA has determined that the permit will be revoked in accordance with Section 1209 of this Article 1200 .

“Notice of Summary Suspension” shall mean a notice informing a Permittee that the SFMTA has decided to summarily suspend the permit in accordance with Section 1212 of this Article 1200 .

“Permit Fee” shall mean a fee in an amount established by the SFMTA Board of Directors, due on an annual basis. In the case of an Initial Application, a portion of the Permit Fee shall constitute the non-refundable Application Fee due at the time of an Initial Application, with the remainder due at issuance of a permit. The Applicant shall also be required to pay any late payment penalties or interest for failure to pay in accordance with the requirements of this Article 1200 or any other regulation adopted by the SFMTA Board of Directors at the time of permit issuance.

“Permittee” shall mean any person, business, firm, partnership, association, or corporation that holds a permit issued under this Article 1200 for operation of one or more Non-Standard Vehicles.

“Private Transit Vehicle” or “PTV” shall mean a Non-Standard Vehicle that is used to provide transportation to the public and charges individual fares.

“Proof of Concept Authorization” or “POCA” shall mean an authorization issued by the Director of Transportation in his or her sole discretion to allow for limited testing of a Shared Mobility Device Service or Non-Standard Vehicle that is subject to the SFMTA’s jurisdiction, but is not yet regulated by the SFMTA.

“Qualified Communities of Concern” shall mean Communities of Concern as identified by the Metropolitan Transportation Commission that are located within the City and County of San Francisco in the area located south of a line commencing at the point on the easterly boundary of the City and County of San Francisco due east of the easterly terminus of Cesar Chavez Street, thence westerly to the easterly terminus of Cesar Chavez Street, thence westerly along the southerly line of Cesar Chavez Street to the westerly line of Douglass Street, thence northerly along the westerly line of Douglass Street to the northerly line of Clipper Street, thence westerly along the northerly line of Clipper Street to the northerly line of Portola Drive, thence westerly along the northerly line of Portola Drive to the westerly line of Kensington Way, thence northerly along the westerly line of Kensington Way to the southerly line of Taraval Street, thence westerly along the southerly line of Taraval Street to the westerly terminus of Taraval Street, thence due west of the westerly terminus of Taraval Street to the westerly boundary of the City and County of San Francisco.

“Respondent” shall mean a person or entity to whom the SFMTA issues a Notice of Approval with Conditions, Notice of Denial under Section 1205, Notice of Summary Suspension under Section 1212, Notice of Revocation under Section 1209, or Citation for a violation listed under Sections 1206(a) or (b)(4), 1207 or 1209(a) is delivered.

“Shared Mobility Device Service” shall mean one or more Mobility Devices capable, either individually or cumulatively, of carrying 10 or more people, for use in the public right-of-way or on public property within the boundaries of the City and County of San Francisco, Alameda County, Contra Costa County, Marin County, San Mateo County, or Santa Clara County that is:

(a) owned or leased by a business, firm, partnership, association, or corporation, or if owned by an individual, is not primarily for that individual’s own use; and

(b) available for self-service or rental use on a digital application or other electronic digital platform; and

(c) either (i) available for hire, with or without a driver or paid operator; or (ii) provided at no cost or as a benefit to riders, including but not limited to, employees, clients, members or customers as part of an organized program.

(Added by SFMTA Bd. Res. No. , Ad. 10/17/2017, Eff. 11/17/2017; amended by SFMTA Bd. Res. No. 191105-136, Ad. 11/5/2019, Eff. 12/6/2019, Oper. 1/19/2020)