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New Rules Include Drug Testing

In its first excursion into taxi regulation, the MTA Board of Directors has adopted a series of new rules, including a requirement for drug testing of drivers.

The board took the action at its Feb. 3 meeting to allow one month before the rules went into effect. The MTA officially took over regulation on March 1.

Drug testing of cab drivers is a requirement of state law which San Francisco never had implemented. Under the law, testing must take place before a driver is newly hired and prior to A-card renewal.

United Taxicab Workers opposed the drug-testing provision on privacy grounds. UTW believes that any testing for drugs should be restricted to measuring impairment on the job. Some drugs, like marijuana, can cause positive test results for weeks or months after use.

On account of another requirement of state law, drivers who are unaffiliated with a color scheme for more than 30 days will have to return their A-cards to the city. When the driver is ready to resume driving, the MTA will return the card.

Most of the new rules deal with hearing procedures. Unlike Taxi Commission procedures, hearings on permit applications and disciplinary proceedings will not come to the MTA Board. They will be conducted by hearing officers whose decisions can be appealed to the Board of Appeals.

Under the new rules, the MTA Board will continue to conduct annual hearings on whether to issue more medallions. But unlike the Taxi Commission's PC&N hearings, the MTA's decision will not be appealable to the Board of Appeals. It could still be appealed in state court.

New language in the rules, proposed by UTW, allows the board to consider other means of improving service besides adding cabs. Many drivers have long believed PC&N hearings have focused on taxi numbers to the exclusion of other means of improving service.

Additional rules will be considered for adoption in May. In the meantime, MTA Taxi Director Christiane Hayashi is conducting a series of Town hall meetings to discuss proposed rules changes and changes to Proposition K.

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