Title 31 DCMR — TAXICABS AND PUBLIC VEHICLES FOR HIRE

31-1 DISTRICT OF COLUMBIA TAXICAB COMMISSION: RULES OF ORGANIZATION

31 DCMR § 100 OFFICERS

100.1 The officers of the Commission shall be the Chairperson and the Secretary.

100.2 The Chairperson shall perform the following duties:

(a) Preside at regular, special, and emergency meetings of the Commission or designate another Commissioner to serve in that capacity;

(b) Serve as the spokesperson for the Commission on all matters, or designate another Commissioner to serve in that capacity;

(d) Appoint committees and panels, and their chairpersons, as needed;

(e) Serve as the Chief Administrative Officer of the Commission, as the Commission’s personnel authority, and as the Chief of the Office of Taxicabs; and

(f) Perform other duties of the Commission as the Commission may delegate.

100.3 The Secretary shall perform the following duties:

(a) Oversee the electronic recording of Commission and panel meetings and the preparation of detailed minutes where electronic recording is not feasible in accordance with § 108.3;

(b) Call the roll at Commission meetings:

(d) Maintain a record of the attendance of Commissioners at Commission and panel meetings; and

(e) Perform such ministerial and other duties assigned by the Commission.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 100

31 DCMR § 101 APPOINTMENT OF THE SECRETARY AND ETHICS COUNSELOR

101.1 The Secretary to the Commission shall be an employee of the Office of Taxicabs designated by his or her position title in an administrative issuance issued by the Chairperson. Contact information for the Secretary shall be posted on the Commission’s website.

101.2 The General Counsel to the Commission shall serve as the Ethics Counselor.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 61 DCR 3576 (April 4, 2014); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 101

31 DCMR § 102 MEETINGS

102.1 The Commission shall hold general meetings on the second Wednesday of January, March, May, July, September and November at 10:00 a.m., at the official offices of the Commission, or at any other place as the Chairperson may designate. The notice of general meetings shall be provided in accordance with §109.

102.2 The Commission shall hold work sessions, as necessary, to engage in briefings and to consider matters before the Commission on the first Tuesday of February, April, June, September, October and December at the official offices of the Commission, or at any other place as the Chairperson may designate. The Commission may hold additional work sessions to carry out its statutory authority.

102.3 The Commission, its panels, and committees shall not meet on holidays, during

the last two (2) weeks in December, or on snow emergency days as declared by the Mayor.

102.4 The Chairperson may call a special meeting of the Commission or a Panel at the

direction of the Commission or its Panel. The notice shall be provided in accordance with § 109 and shall state the matters to be considered. No other matter may be considered at the special meeting except with the consent of all members of the Commission or the Panel present.

102.5 The Chairperson may call an emergency meeting of the Commission as needed to

address an urgent matter. The notice of an emergency meeting shall be provided in accordance with § 109.

102.6 By affirmative vote of a majority of Commissioners in office, the Commission may schedule or hold a closed executive session to discuss personnel, litigation, or other matters of a private or confidential nature. No official action may be taken in an executive session, and no records shall be kept of the session other than a record of the vote to schedule or hold the session.

History

SOURCE: Final Rulemaking published at 34 DCR 6707, 6709 (October 23, 1987); as amended by Final Rulemaking published 52 DCR 9711 (October 28, 2005); as amended by Final Rulemaking published 53 DCR 1175 (February 17, 2006); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 102

31 DCMR § 103 CONDUCT OF MEETINGS

103.1 The Chairperson shall determine the order of business at meetings.

103.2 The Chairperson shall prepare an agenda for each regular Commission meeting. Any member of the Commission or member of the public may transmit material to the Chairperson for inclusion on the agenda. Material transmitted by a member of the Commission shall be included on the agenda if it is received in the Commission's offices not later than ten (10) calendar days prior to the meeting. Material transmitted by a member of the public shall be included on the agenda if it is received in the Commission's office not later than fourteen (14) calendar days prior to the meeting.

103.3 The Chairperson shall distribute the proposed agenda to the Commissioners not later than seven (7) calendar days prior to the date of the meeting.

103.4 If permitted by law, additional items may be placed on the agenda of a regular meeting by majority vote of the Commissioners present.

103.5 The Chairperson shall decide all questions of order at all meetings, subject to an appeal to the Commission.

103.6 Representatives of governmental agencies involved in taxicab administration, including, but not limited to, the Metropolitan Police Department, the Office of Taxicabs, the Washington Metropolitan Area Transit Commission, and the Commissioner of the D.C. Department of Insurance, Securities, and Banking may participate in the meetings of the Commission.

103.7 Matters not covered by these rules or other District of Columbia law or regulation shall be decided in accordance with Robert's Rules of Order, Newly Revised.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 103

31 DCMR § 104 QUORUM

104.1 A majority of the Commissioners in office shall constitute a quorum for taking official action or votes at all meetings of the Commission. A meeting may commence for the consideration of matters not requiring official action or a vote when a majority of Commissioners in office are not present.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 54 DCR 1578 (February 16, 2007); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 104

31 DCMR § 105 CONFLICTS OF INTEREST

105.1 Any Commissioner, including the Chairperson, or panel member who, in the discharge of his or her official duties on the Commission, would be required to take an action or make a decision that would affect directly or indirectly his or her financial interest, as defined by § 223 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, (D.C. Law 19-124; D.C. Official Code § 1-1162.23 (2015 Supp.) or the financial interest of a member of his or her household or a business with which he or she is associated, or must take an official action on a matter as to which he or she has a conflict of interest created by a personal, family, or client interest, shall disclose this information in writing to the Chairperson.

105.2 The Chairperson shall excuse the Commissioner or panel member from votes, deliberations, and other action on the matter if the Ethics Counselor has determined that a conflict of interest exists or the Commissioner or panel member has requested to be excused due to a conflict of interest.

105.3 Any information disclosed under this section shall be included in the written record of the proceedings.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 105

31 DCMR § 106 VOTES

106.1 Action shall be taken by majority vote of the Commissioners voting unless contrary in these rules or other applicable law.

106.2 No person may vote on Commission matters unless that person is a current member of the Commission.

106.3 The Commission may, upon motion of any Commissioner, reconsider a vote taken at the same meeting at which the vote to reconsider is taken or, if otherwise in order, at the next meeting.

106.4 No proxy votes shall be permitted.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 104

31 DCMR § 107 ORDER OF BUSINESS OF MEETINGS

107.1 The order of business at meetings shall be as follows unless otherwise modified by the Chairperson with prior notice as provided in § 109 or by majority vote of Commissioners voting:

(a) Call to Order;

(b) Moment of silence;

(d) Commission communication;

(e) Government communication:

(1) The Mayor and Executive Branch;

(2) Council and the United States Congress; and

(3) Other governmental agencies and departments;

(f) Public communications including petitions;

(g) Reports from the following:

(1) The Chairperson;

(2) The General Counsel;

(3) The Office of Taxicabs;

(4) The Metropolitan Police Department;

(5) The Commissioner of the District of Columbia Department of Insurance, Securities and Banking;

(6) The Washington Metropolitan Area Transit Commission; and

(7) Others;

(h) Consent Calendar:

(1) Hearing and approval of a panel report; and

(2) Other Action Items;

(i) Non-Consent Calendar:

(1) Hearing and approval of a panel report; and

(2) Other Action Items;

(j) Scheduling of public hearings;

(k) Consideration of matters in executive session as authorized by law; and

(l) Adjournment.

107.2 A consent calendar may be presented by the Chairperson at the beginning of a meeting. Items may be removed from the Consent Calendar at the request of any Commissioner. Items not removed may be adopted by general consent without debate. Removed items may be taken up either immediately after the consent Calendar, placed on the Non-Consent Calendar or placed later on the agenda at the discretion of the Commission.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 107

31 DCMR § 108 RECORDS OF MEETINGS

108.1 The Secretary shall cause the creation of a formal record of the official proceedings of Commission meetings by electronic recording except as provided by § 108.3. All written documents and materials of the Commission shall be maintained by the Secretary as the official record of the Commission.

108.2 The Secretary shall prepare a summary of attendance and actions officially taken at each meeting.

108.3 The Secretary shall prepare detailed minutes of a Commission or panel meeting if electronic recordation is not feasible.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 108

31 DCMR § 109 NOTICES, CORRESPONDENCES, AND RECORDS

109.1 The Chairperson shall sign or designate a person to sign the following:

(a) All notices to Commissioners of regular, special, and emergency meetings;

(b) All notices and correspondence delineating proposed and final actions of the Commission; and

109.2 Notices of regular and special Commission meetings shall be posted not fewer than seven (7) days in advance of the meeting.

109.3 Notice of regular and special Commission meetings shall be made by:

(a) Posting on the DCTC website;

(b) Posting in the Office; and

109.4 Notice of an emergency Commission meeting shall be provided at the same time as notification of the date and time of the meeting is given to the Commission. Notice under this subsection shall be provided by any or all of the methods in § 109.3.

109.5 The public records of the Commission and the Office may be examined in the offices of the Commission during normal office hours. An individual may make an appointment with the Commission to listen to an electronically recorded meeting of the Commission or its panels by contacting the Secretary of the Commission.

109.6 The Chairperson may have published in any newspaper of general circulation notice of any Commission meeting.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 109

31 DCMR § 110 OFFICIAL OFFICES OF THE COMMISSION AND OFFICE HOURS

110.1 The official offices of the Commission and the Office shall be 2235 Shannon Place, S.E., Suite 3001, Washington, D.C. 20020.

110.2 The office hours of the Commission are from 8:30 a.m. to 4:45 p.m., Monday through Friday, excluding holidays.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 110

31 DCMR § 111 POLICY AND PROGRAMS

111.1 The Commission as a whole, when convened in regular, special or emergency sessions, shall, consistent with law, consider and adopt Commission policy, programs, and objectives.

111.2 Any Commissioner may propose policy, programs, and objectives for consideration and adoption by the Commission.

111.3 Whenever the Commission is requested to take ceremonial action and the Chairperson determines that a regular or special meeting of the Commission is not feasible, the Chairperson shall endeavor to poll all the Commissioners and upon approval of the proposed ceremonial action by a majority (including the Chairperson) of the Commissioners in office, the Chairperson may take the action in the name of the Commission

History

SOURCE: Final Rulemaking published at 34 DCR 6707, 6714 (October 23, 1987); as amended by Final Rulemaking published at 54 DCR 003525 (April 20, 2007); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 111

31 DCMR § 112 FREEDOM OF INFORMATION ACT REQUESTS

112.1 The Public Information Officer is designated as the Freedom of Information Act Officer for the Office of Taxicabs.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 060 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 112

31 DCMR § 113 AMENDMENTS

113.1 Amendments to this chapter may be adopted at any duly convened meeting of the Commission by a majority vote of those present and voting.

113.2 Notice of the proposed amendments shall be provided to all Commissioners at least thirty (30) days in advance of the meeting at which they will be considered unless a majority of the Commissioners waive the notice.

113.3 Final rulemaking action to amend this chapter, following publication in the D.C. Register of a thirty (30) day notice of proposed rulemaking, shall be taken by a majority of the Commissioners present and voting.

History

SOURCE: Final Rulemaking published at 34 DCR 6707 (October 23, 1987). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 113

31-2 [RESERVED]

31 DCMR § 200 [REPEALED]

History

SOURCE: Final Rulemaking published at 34 DCR 6715 (October 23, 1987); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). EDITOR’S NOTE: Chapter 2, PANEL ON RATES AND RULES: RULES OF ORGANIZATION AND RULES OF PROCEDURE FOR RATEMAKING, was repealed in its entirety with Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 200

31 DCMR § 201 APPOINTMENT OF CO-CHAIRPERSON AND SECRETARY

201.1 The Chairperson may designate a member of the Panel to serve as Co-Chairperson of the Panel on Rates and Rules.

201.2 The General Counsel to the Commission shall serve as Secretary to the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6717 (October 23, 1987).

31 DCMR § 202 MEETINGS

202.1 The Panel on Rates and Rules shall hold regular meetings on the first and third Wednesday of each month from September to July, inclusive, at 9:00 a.m. at the official offices of the Commission, or at any other place as the Chairperson may designate. The Panel on Rates and Rules may schedule additional meetings to carry out its functions.

202.2 The Panel shall not meet on holidays, during the last two (2) weeks in December, or on snow emergency days as declared by the Mayor.

202.3 The Chairperson may call special meetings of the Panel by sending notice of the special meeting not less than seven (7) days in advance. The notice shall state the matters to be considered. No other matter may be considered at a special meeting except with the consent of all members of the Panel present.

202.4 By affirmative vote of three (3) members, the Panel may schedule or hold a closed executive session to discuss personnel, litigation, or other matters of a private or confidential nature. No action may be taken in an executive session, and no records shall be kept of the session other than a record of the vote to schedule or hold the session.

202.5 The Panel at its own choosing and by agreement of three (3) or more members may hold study and work sessions to review proposed rulemaking, review for revision or other action on any documents it may identify, engage in special briefings, study statistical and other data or any other material it deems essential to its responsibilities. These sessions shall be considered official meetings of the Panel.

202.6 Pursuant to § 200.3, when requested by the Chairperson to act in his or her absence at a meeting, the Co-Chairperson is authorized to postpone or cancel that meeting.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6717 (October 23, 1987).

31 DCMR § 203 CONDUCT OF MEETINGS

203.1 The Chairperson shall determine the order of business at meetings.

203.2 The Chairperson shall prepare an agenda for each regular Panel meeting. Any member of the Commission or member of the public may transmit material to the Chairperson for inclusion on the agenda. Material transmitted by a member of the Commission shall be included on the agenda if it is received in the Commission's offices not later than ten (10) calendar days prior to the meeting. Material transmitted by a member of the public shall be included on the agenda if it is received in the Commission's office not later than fourteen (14) calendar days prior to the meeting.

203.3 The Chairperson shall distribute the proposed agenda to the members of the Panel not later than seven (7) calendar days prior to the date of the meeting.

203.4 If permitted by law, additional items may be placed on the agenda of a regular meeting by majority vote of the members of the Panel present.

203.5 The Chairperson shall decide all questions of order at all meetings, subject to an appeal to the Panel.

203.6 Matters not covered by these rules or other District of Columbia law or regulation shall be decided in accordance with Robert's Rules of Order, Newly Revised.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6718 (October 23, 1987).

31 DCMR § 204 QUORUM

204.1 A majority of the members of the Panel in office shall constitute a quorum for the transaction of business at all meetings of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6718 (October 23, 1987).

31 DCMR § 205 CONFLICTS OF INTEREST AND APPOINTMENTS OF ETHICS COUNSELOR

205.1 Any member who, in the discharge of his or her official duties on the Panel, would be required to take an action or make a decision that would affect directly or indirectly his or her financial interest (as defined by § 601(b) of the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974, approved August 14, 1974 (88 Stat. 467; D.C. Official Code § 1-1106.1(b) (2001)), or those of a member of his or her household or a business with which he or she is associated, or must take an official action on a matter as to which he or she has a conflict situation created by a personal, family, or client interest, shall disclose this information in writing to the Chairperson.

205.2 The Chairperson shall excuse the member from votes, deliberations, and other action on the matter if the member requests to be excused.

205.3 Any information disclosed under this section shall be included in the written record of the proceedings.

205.4 The Secretary shall serve as the ethics counselor.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6718 (October 23, 1987).

31 DCMR § 206 VOTES

206.1 Action shall be taken by majority vote of the members of the Panel present and voting unless provided to the contrary in this chapter or in other District of Columbia laws or regulations.

206.2 No person may vote on Panel matters unless that person is a current member of the Panel.

206.3 A motion to reconsider a vote may be made at the same meeting at which the vote was taken or, if otherwise in order, at the next meeting, by any member of the Panel who voted with the prevailing side of a question.

206.4 No proxy votes are permitted.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6719 (October 23, 1987).

31 DCMR § 207 ORDER OF BUSINESS OF MEETINGS

207.1 The order of business of meetings shall be as follows:

(a) Call to order;

(b) Moment of silence;

(d) Communications:

(1) Chairperson and Members of the Commission;

(2) Mayor and Executive Branch;

(3) Council and the Congress; and

(4) Other Governmental Agencies and Public (including petitions);

(e) Reports from the following:

(1) The Chairperson;

(2) The General Counsel;

(3) The Office of Taxicabs;

(4) The Metropolitan Police Department;

(5) The Superintendent of Insurance;

(6) The Washington Metropolitan Area Transit Commission; and

(7) Others;

(f) Approve consent calendar;

(g) Consent calendar:

(1) Referral of matters to the Commission; and

(2) Other business;

(h) Non-consent calendar:

(1) Referral of matters to the Commission; and

(2) Other business panel;

(i) Briefings;

(j) Scheduling of public hearings;

(k) Consideration of matters in executive session as authorized by law;

(l) Public hearings on rates and rules;

(m) Consideration of rates and rules; and

(n) Adjournment.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6719 (October 23, 1987).

31 DCMR § 208 RECORDS OF MEETINGS

208.1 The Secretary shall cause the creation of a formal record of the official proceedings of Panel meetings by tape recording. All written documents and materials of the Panel shall be preserved by the Secretary.

208.2 The Secretary shall prepare a summary of attendance and actions officially taken at each meeting.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6720 (October 23, 1987).

31 DCMR § 209 NOTICES AND CORRESPONDENCE

209.1 The Chairperson shall sign or designate a person to sign the following:

(a) All notices to members of the Panel of regular and special meetings;

(b) All notices and correspondence signifying proposed and final actions of the Panel; and

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6720 (October 23, 1987).

31 DCMR § 210 OFFICIAL OFFICES OF THE COMMISSION AND OFFICE HOURS

210.1 The official offices of the Commission shall be 2041 Martin Luther King, Jr. Avenue, S.E., Washington, D.C. 20020.

210.2 The office hours of the Commission are from 8:30 a.m. to 4:45 p.m., Monday through Friday, excluding holidays.

210.3 Public records of the Panel on Rates and Rules may be examined in the offices of the Commission during normal office hours. A person may make an appointment to listen to a tape recorded proceeding of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6721 (October 23, 1987).

31 DCMR § 211 POLICY AND PROGRAMS

211.1 The Panel, when convened in regular or special session, shall, consistent with law, consider and adopt Panel policy, programs, and objectives.

211.2 Any Commissioner may propose policy, programs, and objectives for consideration and adoption by the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6721 (October 23, 1987).

31 DCMR § 212 FREEDOM OF INFORMATION ACT

212.1 The Secretary is designated as the Freedom of Information Act officer of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6721 (October 23, 1987).

31 DCMR § 213 OFFICE OF TAXICABS

213.1 This office shall provide administrative support to the Panel.

213.2 This office shall provide, as requested, any information the Panel may identify to effectively carry out its duties and responsibilities.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6721 (October 23, 1987).

31 DCMR § 214 AMENDMENTS

214.1 Amendments to this chapter may be adopted at any duly convened meeting of the Panel by a majority vote of those present and voting.

214.2 Notice of the proposed amendments shall be provided to all members of the Panel at least thirty (30) days in advance of the meeting at which they will be considered unless a majority of the members of the Panel waive the notice.

214.3 Final rulemaking action to amend this chapter, following publication in the D.C. Register of a thirty (30) day notice of proposed rulemaking may be taken by a majority of the members of the Panel present and voting.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6721 (October 23, 1987).

31 DCMR § 215 [RESERVED]

31 DCMR § 216 [RESERVED]

31 DCMR § 217 [RESERVED]

31 DCMR § 218 [RESERVED]

31 DCMR § 219 CRITERIA AND PROCEDURES FOR RATE MAKING FOR THE TAXIMETER SYSTEM

219.1 Effective June 15, 2009, the Commission was delegated the Mayor’s authority to review and adjust rates (“rate making”) necessary for the implementation of the time and distance metered taxicab system (“taximeter system”) in the District of Columbia under Section 105(a) of the 2005 District of Columbia Omnibus Authorization Act, approved October 16, 2006, 120 Stat. 2023, D.C. Official Code § 50-381(a).

219.2 The Commission’s Panel on Rates and Rules (“Panel”) shall be responsible for undertaking periodic reviews of the rate structure for the taximeter system and making recommendations to the Commission on whether a modification or adjustment in rate structure is warranted, and if determined to be warranted, recommend the amount of the modification or adjustment.

219.3 Pursuant to §106.1 of this title, action to adopt any rate increase or adjustment shall require a majority vote of the Commissioners present and voting at a meeting, which meets the quorum requirement provided in §104.1 of this title.

219.4 Any rate making by the Commission shall adhere to and be subject to the requirements of the D.C. Administrative Procedures Act, effective October 21, 1968, 82 Stat. 1206, D.C. Official Code § 2-305.

219.5 The Commission may not take any of the following actions without the prior consent of the Mayor:

(a) Implement a rate increase in less than one (1) year from a prior rate increase;

(b) Implement any single rate increase over five percent (5%), rounded up to the nearest nickel (5 cents), above the prior rates;

(c) Modify the structure of the “regular metered rate of fare” provided in §§801.3 through 801.5 of this title, effective May 1, 2008; and

(d) Establish any additional “extra charges or surcharges” or modify the “extra charges or surcharges” applicable to the taximeter system as provided in §801.6 of this title, effective May 1, 2008, including but not limited to adding a fuel surcharge authorized in §801.6(m) of this title or modifying the charges applicable to group riding as determined in §801.7 of this title or shared riding as determined in §801.10 of this title.

219.6 Prior to any rate making, the Panel shall undertake a review of the taximeter system rate structure which shall include an opportunity for public comment. The Panel shall at a minimum take the following actions:

(a) Hold two (2) public hearings at locations accessible to all District residents for which thirty (30) day notice is provided in the D.C Register; and

(b) Provide an opportunity for the public to submit views orally or in writing at the public hearings.

219.7 In determining under §219.2 of this section whether a rate adjustment is warranted, and if so, the amount of such an adjustment, the Panel and the full Commission shall take the following actions:

(a) Consider the rates of taximeter systems in surrounding jurisdictions, the cost of operating a taximeter system, and the public use of the taximeter system in the District; and

(b) Balance equitably the interest of owners and operators of taxicabs, taxicab companies and associations, and dispatch services in procuring a reasonable rate of return on investment and adequate compensation for labor provided against the public interest in maintaining a taximeter system which is affordable and accessible to a broad cross section of the public.

The provisions in this section apply to any determination regarding rates made by the full Commission whether the rate making proceeding is initiated by the Commission, the Panel, or through an individual petition under § 221.1 of this chapter.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8183 (October 16, 2009).

31 DCMR § 220 GENERAL PROVISIONS CONCERNING RATE MAKING

220.1 The provisions of §§ 219, 220-256, and 299 shall govern rate making

proceedings before the Panel.

220.2 Repealed.

220.3 Repealed.

220.4 All documents to be filed with the Panel shall be received in the Commission's office at 2041 Martin Luther King, Jr., Avenue, S.E., Washington, D.C., 20020, unless otherwise directed.

220.5 All pleadings and other filings shall comply with the requirements of §§ 220 to 256 and shall be considered filed when received by the Panel during normal business hours of the Commission.

220.6 Unless otherwise required by the Panel, there shall be filed an original and twenty (20) conformed copies of all documents.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6722 (October 23, 1987); as amended by Final Rulemaking published at 56 DCR 8183 (October 16, 2009).

31 DCMR § 221 COMMENCEMENT OF RATE MAKING PROCEEDINGS

221.1 A petition for rate making may be filed by any person.

221.2 The Panel, on its own motion or on the petition of any person, at any time, may order a formal investigation for matters described in § 220.1.

221.3 Orders initiating a proceeding pursuant to this section shall indicate the nature of the matters to be considered, and shall be served upon each person who is the subject of the order.

221.4 No fees shall be charged for the commencement of any proceeding or the filing of any pleading or other papers.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6722 (October 23, 1987).

31 DCMR § 222 INITIAL PLEADINGS

222.1 Each initial petition shall contain the following information:

(a) The name and address of petitioner;

(b) A clear and concise statement of facts upon which the petition is based and the position and interest of the petitioner in the matter;

(d) A listing of the existing rates and proposed rates for each service for which changes are being proposed;

(e) A full statement and description of any new or revised rates; and

(f) Financial information showing increases and decreases since the last rate making proceeding in the costs of doing business, including but not limited to, costs of gasoline, insurance, cost of repairs to vehicles, increased driving time to destinations due to construction or other matters, and such other financial information as will aid the Panel in its consideration of the petition.

222.2 Whenever, in a rate change petition, a party proposes to change the rate making principles adopted by the Panel in its most recent rate case, the party shall also file with its § 222.1 filing a statement describing each proposed change in the rate making principles adopted by the Panel or Public Service Commission of the District of Columbia in the last rate proceeding, showing the effect of each change upon the petitioner's request if no changes were made, and the effect should the proposed change be granted.

222.3 Each document initiating new proceedings shall leave a space for the docket number. Each subsequent document for filing shall show on the first page the caption for each proceeding, the docket number, the title of the document, and leave sufficient space in the upper right hand corner for a time and date stamp.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6723 (October 23, 1987).

31 DCMR § 223 ANSWERS AND MOTIONS

223.1 Each party upon whom a copy of a petition has been served shall file an answer with the Secretary to the Panel within ten (10) days after service of that petition, or within such time as extended by the Panel, or within a lesser time fixed by the Panel for good reason stated.

223.2 A party who fails to answer a petition within the period prescribed by § 223.1 shall be deemed in default, except where the Panel shall waive the filing of the answer.

223.3 Joint answers to the same petition shall be allowed.

223.4 The answer shall fully advise the petitioner and the Panel of the responding party's views on the matters raised in the petition.

223.5 Written motions may be filed at any time in accordance with the provisions of § 220.1. Responses to a written motion shall be filed no later than ten (10) calendar days after a motion has been served.

223.6 No rejoinders or replies to responses shall be accepted without leave of the Panel.

223.7 The Panel may act without awaiting responses, when considered necessary.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6724 (October 23, 1987).

31 DCMR § 224 INTERVENTION

224.1 Any person who is not named as a specific party in the pleadings initiating a proceeding, but who has a substantial interest in the proceeding, may petition the Panel for leave to intervene.

224.2 A petition for leave to intervene shall set forth the grounds of the proposed intervention and the position and interest of the prospective intervenor(s) in the proceeding.

224.3 A petition for leave to intervene shall be in writing and shall be filed by the prospective intervenor in compliance with the directions set forth in the public notice of the filing or petition, or as may be otherwise ordered by the Panel.

224.4 Any party may answer a petition for leave to intervene. The answer, if filed, shall be subject to the provisions of § 223.

224.5 The Panel may grant or deny a petition for leave to intervene, or may grant the petition upon such conditions and limitations as it may prescribe.

224.6 A person whose petition for leave to intervene has been granted by the Panel shall be permitted to appear and participate as a party in the proceeding; Provided, that the granting of the petition shall not constitute a determination by the Panel that the intervenor is or will be affected by the final order or decision.

224.7 The granting of a petition to intervene shall not have the effect of changing or broadening the issues in the proceeding, except where that change or broadening is expressly requested by the intervenor and is expressly granted by the Panel after opportunity for the filing or objection to that request has been afforded to all parties.

224.8 A person granted intervenor status shall enter the proceeding as it exists unless modified by the Panel pursuant to § 224.7.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6724 (October 23, 1987).

31 DCMR § 225 EX PARTE COMMUNICATIONS

225.1 No interested person shall, with respect to any case initiated pursuant to § 220, make, or knowingly cause to be made, to any member of the Panel, Office, or of the Commission, or personal assistant to a member of the Commission, any ex parte communication while the proceeding is pending before the Panel.

225.2 The provisions of § 225.1 shall not apply to any of the following communications:

(a) Those specifically authorized by law to be made on an ex parte basis;

(b) Those related to a matter of procedure; or

(c) Those made in the course of another proceeding of the Commission or Panel to which it primarily relates, and is on the public record.

225.3 Any person, including employees of the Commission, may apply to the Secretary for an advisory opinion as to whether any provision of this section is applicable to a communication.

225.4 A proceeding is considered pending before the Panel when it is noticed for hearing, or when a communicator who reasonably believes it will be noticed for hearing obtains such knowledge (but not before the proceeding is docketed).

225.5 A proceeding shall end when the Panel's decision becomes final for purposes of judicial review.

225.6 If a proceeding is phased or segmented so that one (1) or more parts of the proceeding constitute distinct matters, the Panel may, by order, provide that each phase or segment shall constitute a separate proceeding for purpose of §§ 220 to 256.

225.7 A member of the Commission, Panel, or personal assistant to a member of the Commission, or person appointed by the General Counsel who receives an ex parte communication prohibited by this section shall, within forty-eight (48) hours after first having reason to believe that the communication is prohibited, prepare and deliver to the Secretary a written statement setting forth the substance of the communication if it is in oral form, or deliver to the Secretary the actual communication if it is in written form.

225.8 The Secretary shall place any statement or communication in the public files associated with the proceeding, but separate from the record upon which the Panel will rely in reaching its decision. The Secretary shall mail to each person on the official service list of the proceeding a copy of any such statement or communication.

225.9 If the Panel determines that a communication was knowingly made, or caused to be made, by the party acting in violation of this section, the Panel may, to the extent consistent with the interests of justice and the policies underlying this section, require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6725 (October 23, 1987).

31 DCMR § 226 OFFICE STAFF ROLES IN PROCEEDINGS

226.1 Unless otherwise provided by § 225 any person or participant in any proceeding is encouraged to confer on an informal basis with the staff of the Office with respect to any matters within the Commission's, Panel's, or Office's regulatory authority.

226.2 No person, participant, or staff personnel shall be bound by any statement made during the course of any informal consultations, and the Commission and Panel shall not be bound by statements or positions of its staff without its express consent.

226.3 Neither the staff of the Commission nor any consultant hired by the Commission, Panel, or Office shall appear as a party to, advocate in, or intervene in any Panel proceeding.

226.4 Individual staff members and consultants may appear on behalf of the Panel as expert witnesses, at the discretion of the Panel, to present testimony on selected issues after the Panel makes a finding of the issues to be decided in the proceeding and a determination that testimony in addition to that to be presented by the parties or intervenors is required by the Panel to develop a complete record.

226.5 The appearance of individual staff members and consultants shall be in accordance with Article VII of the Federal Rules of Evidence as those rules have been applied by the courts of the District of Columbia.

226.6 The Panel may appoint the General Counsel or the General Counsel's designee to assist the staff members and consultants testifying pursuant to § 226.4.

226.7 The General Counsel or the General Counsel's designee may examine all witnesses, including those testifying pursuant to § 226.4, in any proceeding before the Panel.

226.8 Testimony presented pursuant to § 226.4 shall reflect the witnesses's views on the issues. The statement of a view on an issue may include the following:

(a) An analysis of how that view differs from the views of other witnesses in the proceeding;

(b) An analysis of the decisions of a prior Panel or of the Public Service Commission of the District of Columbia; and

(c) Any analysis of how these decisions relate to the views of the testifying witnesses and the other witnesses in the proceeding.

226.9 Staff members and consultants presenting testimony pursuant to § 226.4 may file rebuttal testimony.

226.10 Neither prehearing nor post-hearing briefs shall be filed by staff in any Panel proceeding.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6726 (October 23, 1987).

31 DCMR § 227 APPEARANCES AND REPRESENTATION

227.1 In any proceeding, appearances and representations shall be as follows:

(a) An individual, receiver, trustee, or official may appear in his or her own behalf;

(b) A general partner of a partnership may represent the partnership;

(d) A member or employee of an organization, association or non-profit corporation may represent the organization, association or non-profit corporation; and

(e) An official of a federal, District, or state commission or other governmental agency may represent that commission or governmental agency.

227.2 Any individual appearing before or transacting business with the Panel in a representative capacity shall establish authority to act in that capacity.

227.3 A person may be represented in any proceeding before the Panel by an attorney at law admitted to practice before the District of Columbia Court of Appeals, or in accordance with the rules of the District of Columbia Court of Appeals.

227.4 In any proceeding before the Panel, if a party is represented by more than one (1) attorney or person, that party shall, at the time it first appears before or files with the Panel, designate which one (1) of those attorneys or persons is authorized to receive service on behalf of that party. Service to that designated representative shall be considered to be service to all representatives of that party as well as to that party.

227.5 The Panel may disqualify, or deny, temporarily or permanently, the privilege of appearing or practicing before it in any way, to any individual who is found by the Panel, after hearing, either to be lacking in the requisite qualifications to represent others or in character or integrity or to have engaged in unethical, improper, or unprofessional conduct. In particular, no person shall willfully mislead the Panel or its staff by a false statement or fact or law.

227.6 Persons who appear in a representative capacity in any proceeding shall file a written notice of appearance with the Secretary on the first occasion of appearance, stating for whom the appearance is made. The written notice shall be part of the record.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6728 (October 23, 1987).

31 DCMR § 228 CONDUCT DURING PROCEEDINGS

228.1 In addition to the requirements of § 225 any attorney who participates in any proceeding before the Panel shall comply with the rules of the Panel and shall adhere to the standards of ethical conduct required of attorneys before the courts of the District of Columbia and the District of Columbia Code of Professional Responsibility.

228.2 No restrictions in this section shall preclude an attorney from replying to charges of misconduct publicly made against him or her, or from participating in the proceedings of legislative, administrative, or other investigative bodies.

228.3 In all proceedings before the Panel, no attorney, other than the Commission's General Counsel, shall communicate, or cause another to communicate as to the merits of the case with any Commissioner before whom the proceeding is pending, except as follows:

(a) In the course of official proceedings in the case; or

(b) In writing directed to the Secretary with copies served upon all other parties.

228.4 It is improper for any party, or person representing a party, in a case before the Panel to attempt to sway the judgment of the Panel in that case by undertaking directly or indirectly, through a third party outside the hearing process, to bring pressure or influence to bear upon the Panel or its staff.

228.5 Requests for expeditious treatment of matters pending with the Panel are improper except when filed with the Secretary with copies served upon all parties or unless made before the Panel at a hearing.

228.6 No member of the Commission, Panel, or Office shall invite or knowingly entertain any prohibited ex parte communication, or make any communication to any party, counsel or agent of a party, or any other person who he or she has reason to know may transmit that communication to a party or a party's agent.

228.7 The Panel may disqualify and deny temporarily or permanently, the privilege of appearing or practicing before it in any way to any individual who, after a hearing, is found to have violated the requirements of this section. Violations of the requirements of this section by attorneys shall be referred to the appropriate District of Columbia Bar Committee for investigation.

228.8 Conduct amounting to contempt at any hearing before the Panel shall be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing or of the proceeding, or any part thereof.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6729 (October 23, 1987).

31 DCMR § 229 SUBSTITUTION OF PARTIES

229.1 In the event of the death of an individual party, or the dissolution or reorganization of a party other than an individual, the Panel, upon motion of a party or upon its own motion, may substitute the person succeeding to the rights and liabilities of the party.

229.2 In the event of a mistake in the name of the title of a party, the Panel, upon motion of a party or upon its own motion, may substitute the correct name or title.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6730 (October 23, 1987).

31 DCMR § 230 FORM OF FORMAL PLEADINGS

230.1 Pleadings, briefs, and all other documents shall be typewritten, printed, or otherwise duplicated in permanent legible form upon paper eight and one-half inches (81/2 in.) wide and eleven inches (11 in.) long, and exhibits, except where impracticable, annexed thereto shall be folded to the same size.

230.2 Unless printed, the impression shall be on one (1) side of the paper only and shall be double-spaced, except that footnotes and quotations of more than two (2) lines may be single-spaced and indented.

230.3 Printed documents, except exhibits, shall be in a type not less than eleven (11) point.

230.4 Pleadings shall be bound or stapled on the left-hand side and shall have inside margins of not less than one and one-half inches (11/2 in.).

230.5 Any pleadings, briefs, and other documents that do not conform to the requirements of this section shall not be accepted by the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6730 (October 23, 1987).

31 DCMR § 231 SIGNING AND VERIFICATION OF PLEADINGS

231.1 The original of each petition or amendment shall be signed in ink by each party.

231.2 If a party is a corporation, organization or association, the pleading shall be signed and verified by an officer or other designated employee.

231.3 Any person who signs a pleading or brief, enters an appearance at a hearing, or transacts business with the Commission or Panel, represents by such act that he or she is authorized to do so.

231.4 Any attorney for or representative of a party shall also sign the pleading, and show his or her address, telephone number, and Unified Bar number if applicable.

231.5 Motions, notices, briefs, and petitions for reconsideration need only be signed by an attorney or representative.

231.6 Petitions or amendments to petitions (except petitions for reconsideration) shall be verified by each petitioner.

231.7 Answers or amendments to answers shall be verified by at least one (1) of the respondents filing the answer.

231.8 Other pleadings need not be verified.

231.9 Verification may be made before a notary public or by certification or declaration under the penalty of perjury.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6731 (October 23, 1987).

31 DCMR § 232 SERVICE OF PLEADINGS

232.1 Intervening petitions, answers, amendments, written motions, and all other pleadings shall be served by the parties on the same date that pleading is filed with the Panel.

232.2 When filed, these pleadings shall be accompanied by proof of service upon all parties.

232.3 Proof of service of any pleading shall be by certificate of attorney, affidavit or affirmation, or receipt.

232.4 Service of pleadings shall be made by delivering in person or by depositing in the United States mail, properly addressed, with first-class postage prepaid, one (1) copy of the pleading to each party.

232.5 Service by mail is complete upon mailing.

232.6 Delivery in person to a partnership may be by delivery to any general partner.

232.7 Delivery in person to an association, organization or a corporation may be delivered to any officer.

232.8 When any party or parties shall have appeared by attorney, service shall be made upon the attorney and that service shall be considered service upon that party or parties.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6731 (October 23, 1987).

31 DCMR § 233 NOTICE

233.1 Notice shall be served not less than ten (10) days before the hearing, order, or other proposed action of which the notice is required, except in those instances in which another period is allowable or specifically provided.

233.2 Notices shall be typewritten or otherwise duplicated and shall conform to the requirements of §§ 220 and 230.

233.3 Notice, whenever given, shall be served upon all parties, and copies filed with the Panel.

233.4 Service of notice shall be in person or by first class mail.

233.5 Proof of service shall be filed with the Panel.

233.6 In proceedings, initiated pursuant to § 221.2, copies of the notice of that proceeding shall be posted on the official bulletin board of the Commission and shall be published in a newspaper of general circulation in the District of Columbia.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6732 (October 23, 1987).

31 DCMR § 234 COMPUTATION OF TIME

234.1 When, by notice given under §§ 220 to 256, and 299, or by order or decision of the Panel, an act is required or allowed to be done at or within a specified time, the Panel for cause shown may, at any time in its discretion, do either of the following:

(a) With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(b) Upon motion made after expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect and only then in extraordinary cases where the denial of an enlargement of time would operate to deny a person adversely affected thereby any opportunity to notice and hearing.

234.2 In computing any period of time prescribed or allowed by §§ 220 to 256 and 299, by notice, order, rule, of the Commission, Panel, Office, by statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

234.3 The last day of the period so computed shall be included unless it is a Saturday, Sunday, or during the period of time described in § 202.2, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or during the period of time described in § 202.2.

234.4 Whenever a party has the right or is required to take action within the period prescribed by §§ 220 to 256 and 299, by a notice given thereunder, or by an order or regulation, the Panel may, before the expiration of the prescribed period, with or without notice, extend the period; or, upon motion, permit the act to be done after the expiration of the specified period, where the failure to act is clearly shown to have been the result of excusable neglect.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6732 (October 23, 1987).

31 DCMR § 235 FORMAL HEARINGS: GENERAL PROVISIONS

235.1 The Panel may order a formal public hearing in any proceeding in which it determines that a formal public hearing is necessary.

235.2 The notice of formal public hearing shall designate the time and place of the formal public hearing.

235.3 Unless otherwise specifically ordered, formal public hearings shall be in the hearing room at the office of the Commission.

235.4 The Panel shall give notice of a formal hearing, or of any change in date or place of such hearing. Notice under this section shall be exempt from the requirements of § 233.

235.5 A formal public hearing shall be held before the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6733 (October 23, 1987).

31 DCMR § 236 PRE-HEARING CONFERENCE

236.1 The Panel shall give notice directing all parties to attend a pre-hearing conference.

236.2 At least five (5) calendar days before the pre-hearing conference, each party shall serve and file a statement of proposed issues and order of procedure with the Panel.

236.3 The parties to the proceeding, or their representatives, and representatives of the Panel and staff of the Commission designated by it for the purpose, shall be given notice of the conference.

236.4 The purpose of the pre-hearing conference shall be to do the following:

(a) Formulate the issues;

(b) Arrange for the exchange of proposed exhibits;

(d) Obtain admissions of fact and of documents which will avoid unnecessary proof;

(e) Determine the number of witnesses;

(f) Set forth any extraordinary rule of procedure for the conduct of the hearing;

(g) Adopt a procedural schedule for the proceedings; and

(h) Pursue any other matters, which may aid in the disposition of the proceeding.

236.5 Any agreements reached at the conference by the parties shall be promptly reduced to writing by the Secretary and submitted to the Panel for approval.

236.6 Any participant who fails to attend a pre-hearing conference of which the participant had due notice shall, with respect to any matter reasonably encompassed in the notice of the pre-hearing conference, be deemed to have waived any objections to any agreement reached, or ruling made thereon at the conference.

236.7 At the conclusion of the pre-hearing conference, the Panel shall issue, as soon thereafter as possible, an Order and Report on Pre-hearing Conference, which includes the following:

(a) Designation of the parties;

(b) Setting forth the issues to be decided in the hearing;

(d) The procedural schedule of the proceeding; and

(e) Date, time, place and attendees.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6734 (October 23, 1987).

31 DCMR § 237 SUBPOENAS

237.1 Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the Chairperson in substantially the same form as shown in Appendix 2-1.

237.2 Applications shall be in writing and in the form of a motion.

237.3 If application is made two (2) or more days prior to the hearing, the motion shall be acted upon prior to the hearing, unless all parties agree that it will be acted upon at the hearing.

237.4 If made during a hearing, the application may be made orally on the record with the consent of the Chairperson.

237.5 Motions for issuance of subpoenas shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by a description of any documentary or tangible evidence to be subpoenaed with as much particularity as is feasible.

237.6 Where it appears at a hearing that the testimony of a witness or the production of documentary evidence is relevant to the issues in a proceeding, the Chairperson or the Panel may issue on his or her or its own motion a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.

237.7 Proceedings of the Panel shall be considered investigations or examinations of municipal matters within the meaning of the Act of July 1, 1902 (D.C. Official Code § 1-301.21 (2001)). The provisions of D.C. Official Code §§ 5-1001 through 5-1003 (2001), shall be applicable with respect to enforcement of subpoenas issued under this section, and with respect to witness fees.

237.8 Any person upon whom a subpoena has been served may, within ten (10) days after service, but in any event prior to the return date thereof, file with the Chairperson a motion to quash or to modify the subpoena and such filing shall stay the subpoena pending final action by the Chairperson or the Panel on the motion.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6735 (October 23, 1987).

31 DCMR § 238 DEPOSITIONS

238.1 Any party desiring to take the deposition of a witness shall make application therefor in the form of a petition to the Chairperson, setting forth the reasons why the deposition should be taken, the name and residence of the witness, the time and place proposed for taking the deposition, and a general description of the matters concerning which the witness will be asked to testify.

238.2 For good cause shown, the Chairperson may, in his or her discretion, issue an order authorizing the deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, and the designated officer (authorized to administer oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied.

238.3 The order shall be served upon all parties within a reasonable time in advance of the time fixed for taking testimony.

238.4 Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them.

238.5 Each question propounded shall be recorded and the answers shall be taken down in the words of the witness.

238.6 Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon, but no transcript filed by the officer shall include argument or debate.

238.7 Objections to questions or evidence shall be noted by the officer upon the deposition, but he or she shall have no power to decide on the competency or materiality or relevance of evidence, and he or she shall record the evidence subject to objection.

238.8 Objections to questions or evidence not made before the officer shall not be deemed waived unless the ground of the objection is one which might have been obviated or removed if presented at that time.

238.9 The testimony shall be reduced to writing by the officer, or under his or her direction, after which the deposition shall be subscribed to by the witness unless the parties by stipulation waive the signing or the witness is ill, cannot be found or refuses to sign, and certified in usual form by the officer.

238.10 If the deposition is not subscribed to by the witness, the officer shall state on record this fact and the reason therefor.

238.11 The original deposition and exhibits shall be forwarded to the Chairperson and shall be filed in the proceedings.

238.12 All depositions shall conform to the specifications of §§ 230 and 231.

238.13 Any fees of a witness, the stenographer or reporter, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.

238.14 The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the proceeding.

238.15 Only that part or the whole of a deposition which is received in evidence at a hearing shall constitute a part of the record in the proceeding upon which a decision is based.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6736 (October 23, 1987).

31 DCMR § 239 TELEPHONIC DEPOSITIONS

239.1 Any party, pursuant to the procedures of § 238 may request the Chairperson to authorize a telephonic deposition of a witness not readily available to appear in person or of a witness beyond the effective territorial jurisdiction of the courts of the District of Columbia.

239.2 The telephonic deposition shall be tape recorded under the supervision of an appropriate official authorized to administer oaths in the District of Columbia. Following the tape recording of the deposition, the officer may cause it to be transcribed in accordance with the provisions of §§ 238.9 and 238.10.

239.3 The officer described in § 239.2 shall, upon the completion of his or her written transcription of the telephonic deposition, submit the document to the witness for his or her review and signature as provided in § 238.9. The witness shall appear before a person authorized to administer oaths and shall, subject to such penalties of perjury as may be available in such jurisdiction, sign and certify the written transcription of the telephone deposition undertaken pursuant to this section.

239.4 The original deposition and exhibits shall be forwarded to the Chairperson and shall be filed in the proceedings and shall be received into evidence in accordance with the provisions of § 238.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6737 (October 23, 1987).

31 DCMR § 240 INTERROGATORIES

240.1 Depositions may be taken and submitted on written interrogatories in substantially the same manner as oral depositions as described in § 238 and shall be permitted under similar circumstances by the Chairperson. One (1) copy shall be served on each party.

240.2 Within seven (7) days after service, any party may file with the Chairperson his or her objections, if any, to the interrogatories and may file such cross-interrogatories as he or she desires to submit.

240.3 Cross-interrogatories shall be served in the same manner on each party as are interrogatories. One (1) copy together with a copy of any objections to interrogatories shall be served on each party who shall have five (5) days thereafter to file and serve his or her objections.

240.4 Objections to interrogatories or cross-interrogatories shall be decided by the Chairperson.

240.5 Objections to interrogatories or cross-interrogatories shall be made before the order for taking and deposition issues, and if not so made shall be deemed waived.

240.6 The provisions of §§ 238.9 through 238.11 shall be applicable to written interrogatories.

240.7 Interrogatories shall confirm to the specifications of §§ 230 and 231.

240.8 The fact that interrogatories are filed in a proceeding as provided in this section does not constitute a determination that they are admissible in evidence or that they may be used in the proceeding.

240.9 Only those parts or the whole of interrogatories received in evidence at a hearing shall constitute a part of the record in the proceeding upon which a decision is based.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6738 (October 23, 1987).

31 DCMR § 241 WRITTEN TESTIMONY

241.1 In addition to complying with the rules relating to pleadings, and unless otherwise ordered by the Panel, written testimony shall include the following:

(a) A statement identifying the witness, including address and telephone number;

(b) A statement of occupational history;

(d) A statement of qualification to give testimony before the Panel;

(e) A statement of the subject area and purpose of the testimony;

(f) A statement setting forth an explanation of any exhibits accompanying such testimony including identification of the source materials used in preparing any such exhibits; and

(g) A statement identifying which, if any, of the exhibits were prepared by the witness or under his or her direction or supervision.

241.2 All written testimony shall contain line numbers on each page in the left-hand margin and shall be subject to the rules regarding preparation and numbering of exhibits.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6739 (October 23, 1987).

31 DCMR § 242 PARTIES WITH COMMON INTERESTS

242.1 Parties with common interests or positions are encouraged to align themselves to make joint oral and written presentations, including briefing and presentation of evidence.

242.2 Any alignment of parties shall be without prejudice to the right of any party to present a separate point of view where the party position differs from that of the group to which he or she is aligned.

242.3 In making any filing where more than one (1) party is in agreement, the parties may jointly file, and in that case, the party filing shall clearly designate the parties who join therein.

242.4 Subject to the approval of the Panel, any of the parties may, by stipulation in writing filed with the Panel or presented at a hearing, state their agreement upon any matter in a proceeding.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6740 (October 23, 1987).

31 DCMR § 243 STATUS CONFERENCES

243.1 Upon the motion of any party or upon its own motion, the Panel may convene a status conference.

243.2 Participants shall be prepared to discuss procedural and substantive matters involved in the proceeding, and shall be authorized to make commitments with respect to those matters.

243.3 Among specific items to be discussed are stipulations as to facts, authentication of documents, procedural dates, and limitation of issues and witnesses. Participants shall be prepared to resolve any other matters as may aid in the disposition of the proceeding.

243.4 A status conference order setting forth the preceding may be prepared.

243.5 Any participant who fails to attend a status conference of which the participant had due notice shall, with respect to any matters reasonably encompassed in the notice of the conference, be deemed to have waived any objections to any agreements reached or ruling made.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6740 (October 23, 1987).

31 DCMR § 244 SETTLEMENT AND STIPULATION CONFERENCES

244.1 Not later than ten (10) calendar days prior to the time fixed for the first day of public hearings, all parties shall meet for the purpose of conducting a settlement and stipulation conference. This shall not preclude the parties from meeting at any other times as they deem necessary for the purpose of settlement and stipulation.

244.2 Unless otherwise ordered, the General Counsel shall initiate arrangements for this conference and shall cause any stipulations to be prepared and filed not later than five (5) days prior to the time fixed for any hearing.

244.3 All findings contemplated under this section shall recite, in addition to the matters agreed upon at the conference, the date, time, and place of the conference, and the names of the parties in attendance.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6741 (October 23, 1987).

31 DCMR § 245 PRE-HEARING BRIEFS

245.1 Pre-hearing briefs shall be filed by each participating party and shall summarize the evidence to be presented by the party and its analysis of relevant legal and factual issues.

245.2 When submitted, pre-hearing briefs shall be filed and delivered not later than three (3) business days before the first scheduled hearing day in the particular case, unless otherwise directed by the Panel.

245.3 No replies to pre-hearing briefs shall be accepted by the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6741 (October 23, 1987).

31 DCMR § 246 CONDUCT OF HEARINGS

246.1 Evidence shall be presented by those participating in the sequence set forth in the Order and Report on Pre-hearing Conference.

246.2 Continuances, extensions of time, and adjournments may be ordered by the Panel upon written motion of a party or upon its own motion.

246.3 If, in the judgment of the Panel convenience or necessity so require, it may, after opening a hearing, postpone the hour or change the place of the hearing without the requirement of a motion.

246.4 Motions made during a hearing may be oral; provided, that the following motions shall be in writing:

(a) Motions to dismiss;

(b) Motions requesting a more sufficient pleading;

(d) Motions to strike objectionable written matter other than pre-filed testimony;

(e) Motions for the addition of parties or dismissal of improper parties; and

(f) Motions to quash a subpoena.

246.5 All written motions affecting the conduct of a hearing shall be filed not later than three (3) business days before the scheduled hearing date.

246.6 If a party desires to file a written motion later than three (3) business days before the hearing, that party shall request permission from the Panel.

246.7 All persons responding to motions shall file answers by 3:45 p.m. on the business day immediately preceding the scheduled hearing date.

246.8 There shall be submitted to the Panel no later than 9:00 a.m. on the first day of a hearing a list of the witnesses who are scheduled to appear before the Panel on that day and the following day, and an identification of the material and subject areas on which each witness is to be examined.

246.9 The list of witnesses shall be cumulative and shall be submitted no later than 9:00 a.m. on each succeeding day of hearings.

246.10 Unless otherwise ordered, the General Counsel shall be responsible for submitting the list of witnesses.

246.11 Counsel and all other participants other than witnesses testifying shall stand while addressing the Panel and witnesses. Not more than one counsel for each party shall be entitled to examine any witness or address the Panel on any one matter without the permission of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6741 (October 23, 1987).

31 DCMR § 247 EXHIBITS

247.1 All direct and rebuttal testimony shall be prepared in the form of written exhibits.

247.2 All revisions and corrections to case-in-chief and rebuttal exhibits shall be presented by way of replacement pages and submitted no later than three (3) business days prior to the beginning of hearings. Only the correction of minor typographical errors shall be allowed after the period.

247.3 The title of each exhibit shall state concisely what the exhibit contains.

247.4 Exhibits containing prepared written testimony shall contain line numbers on each page, in the left-hand margin. This testimony shall be authenticated by an appropriate affidavit of the witness. An exhibit containing rebuttal testimony shall also include the exhibit, page, and line numbers of the evidence that it purports to rebut.

247.5 Case-in-Chief exhibits and rebuttal exhibits shall be served on each party, and twenty (20) copies shall be filed with the Secretary for use by the Panel and the staff of the Commission. In addition, one (1) copy shall be sent to the General Counsel.

247.6 Each party shall, for the formal record, submit by 9:00 a.m. on the first hearing date in each case one (1) fully corrected set of its case-in-chief and rebuttal exhibits.

247.7 Narrative testimony and exhibits shall be identified prior to filing as follows:

(a) The name of the party shall be set forth on each exhibit in the form of an acronym or initials;

(b) When the document to be filed is the testimony of a witness, each set of the testimony shall, following the party's initials, bear a letter (in upper case); thus, the first witness of a particular party shall have his or her testimony identified, for example, as "DOE" (A); the second witness, "DOE" (B), and so on. Each witness shall retain the same letter, however, the first witness's second set of testimony shall be lettered (2A) and so on;

(c) If there is an exhibit attached to the testimony of the witness, that exhibit shall bear an Arabic number. Thus, the first exhibit of the first witness would be marked, for example "DOE" (A)-1. His or her second exhibit shall be marked, for example, "DOE" (A)-2, and so on. Any exhibit attached to the second set of testimony of a witness would be marked, for example, "DOE" (2A)-1; and

(d) If there is no testimony submitted with the exhibit, then the exhibit shall merely bear the capitalized initials of the party and be numbered sequentially with Arabic numbers (e.g., "DOE"-1).

247.8 The Panel may, at the hearing, sequentially number all exhibits by the insertion of a prefix number before the letters of the party.

247.9 Not later than 9:00 a.m., of the morning of a hearing, there shall be provided to all parties and Commissioners a list of all cross-examination exhibits that the party proposes to introduce on the record. This list shall be accompanied by copies of those exhibits.

247.10 As subsequent filings are made, the list of cross-examination exhibits shall be cumulatively updated. Any party proposing to use a document in examination of a witness shall have it marked for identification and shall distribute copies to the Panel, for the record, and to the parties by 9:00 a.m., the day of the hearing.

247.11 The list of cross-examination exhibits shall contain the following information:

(a) The caption and docket number of the case;

(b) A title showing the party proponent of the list and the date of the list and the date of the list it supersedes, if any;

(d) A description of the document in the second column.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6742 (October 23, 1987).

31 DCMR § 248 ADMISSION OF EVIDENCE

248.1 The Federal Rules of Evidence as they have been construed by the courts of the District of Columbia shall be applied in hearings; provided, that the Panel may, after informing the parties of an intention to do so, relax those rules in any hearing when, in its judgment, the ends of justice would be better served by so doing.

248.2 Formal exceptions to rulings of the Panel are unnecessary. It is sufficient that a party, at the time the ruling is made or sought, makes known the action which he or she desires to be taken, or his or her objection to an action taken, and his or her grounds for such action or objection.

248.3 The Panel may, in its discretion, limit the cross cross-examination of any witness.

248.4 Where written matter offered in evidence is embraced in a document containing another matter which is not intended to be offered in evidence, the offering party shall present the original document for inspection at the hearing, and shall offer an exact copy of the matter which is to be introduced, unless the presiding officer, or the Panel, determines that the matter is short enough to be read into the record. Other parties shall be afforded opportunity to introduce in evidence, in like manner, other portions of the original document.

248.5 When any portion of the record before the Panel in any proceeding other than the one being heard, or any portion of any other official record of the Commission or of the Panel, is offered in evidence, true copies of that portion shall be presented for the record in the form of an exhibit, or that portion may, without objection, be incorporated in the record by reference.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6744 (October 23, 1987).

31 DCMR § 249 TRANSCRIPTS OF HEARINGS

249.1 An official court reporter designated by the Chairperson shall make an official transcript of the testimony taken.

249.2 After the close of the hearing this transcript, together with any exhibits, briefs, or other documents filed in the proceeding, shall be filed with the Secretary.

249.3 Parties desiring copies of the official transcript shall arrange to secure those copies from the Commission.

249.4 Motions to correct the official transcript shall be acted upon by the Panel.

249.5 Motions to correct the record shall be filed with the Panel within ten (10) days after the receipt of the transcript of the final day of hearings in the proceeding.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6745 (October 23, 1987).

31 DCMR § 250 WITNESS FEES

250.1 Each witness who appears before the Panel pursuant to an order for deposition or subpoena, shall receive the same fee for attendance and mileage as is currently paid to witnesses by the District of Columbia Superior Court.

250.2 No witness subpoenaed by the Panel at the request of any party shall be entitled to compensation for attendance or travel unless the Panel certifies that the witnesses' testimony was material to the matter investigated, and that attendance as a witness was reasonably necessary.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6746 (October 23, 1987).

31 DCMR § 251 POST-HEARING BRIEFS

251.1 Post-hearing briefs shall be filed at the times fixed by the Panel in each case.

251.2 The applicant shall brief all issues designated by the Panel in the Report and Order on Pre-hearing Conference and any other issues designated by the Panel during the proceeding.

251.3 All post-hearing briefs shall contain a title sheet clearly identifying the parties submitting the brief, including name and title, local address, and local telephone number.

251.4 A subject index with page references and a list of all authorities cited, alphabetically arranged with page references, shall be included.

251.5 Authorities most heavily relied upon shall be marked with an asterisk. Lengthy quotations from any records or from authorities shall not be included.

251.6 The Panel may reject briefs unnecessarily prolix or which do not conform to the rules of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6746 (October 23, 1987).

31 DCMR § 252 PROPOSED FINDINGS AND CONCLUSIONS

252.1 Each party to the proceeding, after the close of the record within the time prescribed for post-hearing briefs, or as otherwise directed by the Panel shall serve on all parties and file with the Panel proposed findings of fact and conclusions of law for consideration by the Panel.

252.2 The proposed findings of fact and conclusions of law shall be referenced to the record of the proceedings.

252.3 The proposed findings of fact and conclusions of law may be included in the post hearing briefs required by this chapter.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6746 (October 23, 1987).

31 DCMR § 253 ORAL ARGUMENT

253.1 The Panel, in its discretion, may permit or require oral argument during or at the close of a hearing or on any brief, memorandum, motion, application, or petition filed.

253.2 Arguments on the admissibility of evidence or other oral argument during the course of the taking of testimony shall be made on the record.

253.3 The formal oral argument of a case shall be reported in the official transcript.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6747 (October 23, 1987).

31 DCMR § 254 RECONSIDERATION

254.1 Any person affected by any final order or decision of the Panel may, within thirty (30) days after the publication of the order or decision, file with the Panel an application in writing requesting a reconsideration or modification of the matters involved.

254.2 Applications for reconsideration or modification shall set forth specifically the grounds on which the applicant considers the order or decision of the Panel to be unlawful or erroneous.

254.3 Responses to applications for reconsideration or modification shall be considered by the Panel only if filed with the Panel within five (5) business days after receipt of the application.

254.4 The Panel may, in its discretion, permit or require oral argument or briefs or both upon application for reconsideration or modification.

254.5 The Panel shall, within thirty (30) days after the filing of the application, either grant or deny the application for reconsideration or modification. Failure by the Panel to act within that period shall be considered a denial of the application.

254.6 If the application is granted, the Panel shall, after notice to all parties, either with or without a hearing, rescind, modify, or affirm its order or decision.

254.7 The timely filing of an application for reconsideration shall act as a stay upon the execution of the order or decision of the Panel until the final action of the Panel upon the application.

254.8 Any application for reconsideration or modification filed on the thirtieth (30th) day after the publication of the order or decision which the application seeks to have reconsidered or modified, shall be filed on or before the close of business of that day.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6747 (October 23, 1987).

31 DCMR § 255 ADVISORY OPINIONS

255.1 Any employee of the Commission or person may apply to the General Counsel for an advisory opinion as to the interpretation or applicability of any Commission, Panel, or Office rule or action. Advisory opinions requested in writing or rendered in writing by the General Counsel in the course of a pending proceeding shall be forwarded to all parties of record.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6748 (October 23, 1987).

31 DCMR § 256 WAIVER

256.1 The Panel may, in its discretion, waive any of the provisions of §§ 220 to 254 in any proceeding after duly advising the parties of its intention to do so.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6748 (October 23, 1987).

31 DCMR § 299 DEFINITIONS

299.1 When used in this chapter, the following words and phrases shall have the meaning ascribed.

Chairperson - the Chairperson of the Commission.

Commission - the District of Columbia Taxicab Commission.

Day - calendar days, unless otherwise expressly defined.

Ex Parte Communication - an oral or written communication, not on the public record, which is relevant to the merits of a proceeding and with respect to which reasonable prior notice to all parties has not been given.

Intervenor - a person whose petition to intervene in a proceeding has been granted.

Office - the Office of Taxicabs.

Panel - the Panel on Rates and Rules of the Commission.

Party - any person who is a petitioner, respondent, or intervenor in a proceeding.

Person - an individual, partnership, association, firm, corporation, body politic, municipal organization, governmental body, joint stock company, receiver, trustee, official acting in his or her official capacity, or any other organization or institution.

Petitioner - a person who files a petition with the Commission.

Pleading - petitions, applications, answers, written motions, and amendments to any thereof.

Respondent - a person against whom a complaint is made or an order of investigation or an order to show cause is directed.

Secretary - the Secretary appointed pursuant to § 201.2.

History

SOURCE: Final Rulemaking published at 34 DCR 6715, 6748 (October 23, 1987). APPENDIX 2-1 DISTRICT OF COLUMBIA TAXICAB COMMISSION SUBPOENA DUCES TECUM (Produce Documents) AD TESTIFICANDUM (To Testify) (Name) Pursuant to section 337 of the Rules of Organization and Procedure of the Panel on Adjudication of the District of Columbia Taxicab Commission, YOU ARE COMMANDED TO APPEAR before the Panel on Adjudication at the following location: At (a.m./p.m.) on the day of , 20 , to testify concerning: and to bring with you ISSUED BY: ATTEST: Chairman Secretary Secretary District of Columbia District of Columbia Taxicab Commission Taxicab Commission IMPORTANT: If you fail to appear at the time and place stated, or fail to bring with you the documents or items requested, the Panel may refer the matter to the Superior Court of the District of Columbia for an order compelling your attendance and/or production of the items requested. Failure to obey such an ORDER of the COURT may be punished as CONTEMPT OF COURT. DO NOT FAIL TO APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE TIME REQUIRED. RETURN: I, , certify that I served a copy of this subpoena on the name party at (address) on the day of , 20 , at (a.m./p.m.) by: Personal Service Other Process Server (Address) DISTRICT OF COLUMBIA: SS SUBSCRIBED AND AFFIRMED TO BEFORE ME ON THIS THE DAY OF , 20 NOTARY PUBLIC, D.C. MY COMMISSION EXPIRES:

31-3 [RESERVED]

31 DCMR § 300 OFFICERS

300.1 The officers of the Panel shall be the Chairperson, the Co-Chairperson for Adjudication, and the Secretary.

300.2 The Chairperson shall perform the following duties:

(a) Preside at regular meetings of the Panel;

(b) Preside at all other meetings called by the Panel, or designate the Co-Chairperson for Adjudication or any other member of the Panel to preside;

(c) Serve as the spokesperson for the Panel on all matters, or designate the Co-Chairperson or another member of the Panel to serve in that capacity;

(d) Preside at all proceedings of the hearing panels or designate another person to serve as his or her non-voting designee;

(e) Issue or sign notices and correspondence in accordance with § 309;

(f) Appoint committees and their chairs and hearing panels as required; and

(g) Perform other duties of the Panel as the Panel may delegate.

300.3 The Co-Chairperson shall act as Chairperson when the Chairperson is absent, or when requested by the Chairperson, and shall perform other duties assigned by the Chairperson or the Panel to the extent permitted by law.

300.4 The Secretary shall perform the following duties:

(a) Oversee the recording of the taped transcription of Panel meetings and of proceedings by hearing panels;

(b) Call the roll at Panel meetings;

(d) Maintain a record of the attendance of commissioners at Panel meetings; and

(e) Perform such ministerial and other duties assigned by the Panel.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Taxicab Commission Establishment Act of 1985, D.C. Official Code §§ 50-301 to 50-320 (2001).
SOURCE: Final Rulemaking published at 34 DCR 6751 (October 23, 1987).

31 DCMR § 301 APPOINTMENT OF THE CO-CHAIRPERSON AND SECRETARY

301.1 The Chairperson may designate a member of the Panel to serve as Co-Chairperson of the Panel.

301.2 The General Counsel to the Commission shall serve as Secretary to the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6753 (October 23, 1987).

31 DCMR § 302 MEETINGS

302.1 The Panel on Adjudication shall hold regular meetings on the first and third Wednesday of each month from September to July, inclusive, at 9:00 a.m. at the official offices of the Commission, or at any other place as the Chairperson may designate. The Panel may schedule additional meetings to carry out its functions.

302.2 The Panel shall not meet on holidays, during the last two (2) weeks in December, or on snow emergency days as declared by the Mayor.

302.3 The Chairperson may call special meetings and shall call additional meetings at the direction of the Panel by sending notice of the special or additional meeting not less than seven (7) days in advance. The notice shall state the matters to be considered. No other matter may be considered at a special or additional meeting except with the consent of all members of the Panel present.

302.4 By affirmative vote of five (5) members, the Panel may schedule or hold a closed executive session to discuss personnel, litigation, or other matters of a private or confidential nature. No official action may be taken in an executive session, and no records shall be kept of the session other than a record of the vote to schedule or hold the session. By affirmative vote of three (3) members, a hearing Panel may hold a closed hearing to deliberate a claim before it or to consider matters described in § 350.

302.5 The Panel at its own choosing and by agreement of five (5) or more members may hold study and work sessions to review proposed rulemaking, review for revision or other action on any documents it may identify, engage in special briefings, study statistical and other data or any other material it deems essential to its responsibilities. These sessions shall be considered official meetings of the Panel and shall be subject to the notice requirements of § 302.3.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6753 (October 23, 1987).

31 DCMR § 303 CONDUCT OF MEETINGS

303.1 The Chairperson shall determine the order of business at meetings.

303.2 The Chairperson shall prepare an agenda for each regular Panel meeting. Any member of the Commission or member of the public may transmit material to the Chairperson for inclusion on the agenda. Material transmitted by a member of the Commission shall be included on the agenda if it is received in the Commission's offices not later than ten (10) calendar days prior to the meeting. Material transmitted by a member of the public shall be included on the agenda if it is received in the Commission's office not later than fourteen (14) calendar days prior to the meeting. The Chairperson, in his or her discretion, may waive these requirements to protect the public interest.

303.3 The Chairperson shall distribute the proposed agenda to the members of the Panel not later than seven (7) calendar days prior to the date of the meeting.

303.4 If permitted by law, additional items may be placed on the agenda of a regular meeting by majority vote of the members of the Panel present.

303.5 The Chairperson shall decide all questions of order at all meetings, subject to an appeal to the Panel.

303.6 Matters not covered by this chapter or other District of Columbia law or regulation shall be decided in accordance with Robert's Rules of Order, Newly Revised.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6754 (October 23, 1987).

31 DCMR § 304 QUORUM

304.1 A majority of the members of the Panel in office shall constitute a quorum for the transaction of business at all meetings of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6754 (October 23, 1987).

31 DCMR § 305 CONFLICTS OF INTEREST AND APPOINTMENT OF ETHICS COUNSELOR

305.1 Any member who, in the discharge of his or her official duties on the Panel, would be required to take an action or make a decision that would affect directly or indirectly his or her financial interest (as defined by § 601(b) of the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974, approved August 14, 1974 (88 Stat. 467; D.C. Official Code § 1-1106.01(b)(2001)) or the financial interest of a member of his or her household or a business with which he or she is associated, or must take an official action on a matter as to which he or she has a conflict situation created by a personal, family, or client interest, shall disclose this information in writing to the Chairperson.

305.2 The Chairperson shall excuse the member from votes, deliberations, and other action on the matter if the member requests to be excused.

305.3 Any information disclosed under this section shall be included in the written record of the proceedings.

305.4 The Secretary shall serve as the ethics counselor.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6754 (October 23, 1987).

31 DCMR § 306 VOTES

306.1 Action shall be taken by majority vote of the members of the Panel present and voting unless provided to the contrary in these rules or in other District of Columbia laws or regulations.

306.2 No person may vote on Panel matters unless that person is a current member of the Panel.

306.3 A motion to reconsider a vote may be made at the same meeting at which the vote was taken or, if otherwise in order, at the next meeting, by any member of the Panel who voted with the prevailing side on a matter.

306.4 No proxy votes are permitted.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6755 (October 23, 1987).

31 DCMR § 307 ORDER OF BUSINESS OF MEETINGS

307.1 The order of business of meetings shall be as follows:

(a) Call to order;

(b) Moment of silence;

(d) Communications from the following:

(1) Chairperson and Members of the Commission;

(2) Mayor and Executive Branch;

(3) Council and the Congress; and

(4) Other governmental agencies and public;

(e) Reports from the following:

(1) The Chairperson;

(2) The General Counsel;

(3) The Office of Taxicabs;

(4) Metropolitan Police Department;

(5) Superintendent of Insurance;

(6) Washington Metropolitan Area Transit Commission; and

(7) Others;

(f) Approve consent calendar;

(g) Consent calendar;

(1) Referral of matters to the Commission; and

(2) Other business;

(h) Non-Consent calendar;

(1) Referral of matters to the Commission; and

(2) Other Business Panel;

(i) Briefings;

(j) Scheduling of public hearings;

(k) Consideration of matters in executive session as authorized by law;

(l) Public hearings on rules affecting the Panel;

(m) Consideration of rules of the Panel;

(n) Holding adjudicatory proceedings and rendering decisions; and

(o) Adjournment.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6755 (October 23, 1987).

31 DCMR § 308 RECORDS OF MEETINGS

308.1 The Secretary shall cause the creation of a formal record of the official proceedings of Panel meetings by tape recording. All written documents and materials of the Panel shall be preserved by the Secretary.

308.2 The Secretary shall prepare a summary of attendance and actions officially taken at each meeting.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6756 (October 23, 1987).

31 DCMR § 309 NOTICES AND CORRESPONDENCE

309.1 The Chairperson shall sign or designate a person to sign the following:

(a) All notices to members of the Panel of regular and special meetings;

(b) All notices and correspondence signifying proposed and final actions of the Panel or of hearing panels; and

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6756 (October 23, 1987).

31 DCMR § 310 OFFICIAL OFFICES OF THE COMMISSION AND OFFICE HOURS

310.1 The official offices of the Commission shall be 2401 Martin Luther King, Jr. Avenue, S.E., 2nd Floor, Washington, D.C. 20020.

310.2 The office hours of the Commission are from 8:30 a.m. to 4:45 p.m., Monday through Friday, excluding holidays.

310.3 Public records of the Panel may be examined in the offices of the Commission during normal office hours. A person requesting to listen to a tape recorded proceeding should notify the Commission in advance in order that appropriate arrangements can be made.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987).

31 DCMR § 311 POLICY AND PROGRAMS

311.1 The Panel, when convened in regular or special session, shall, consistent with law, consider and adopt Panel policy, programs, and objectives.

311.2 Any Commissioner may propose policy, programs, and objectives for consideration and adoption by the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987).

31 DCMR § 312 FREEDOM OF INFORMATION ACT REQUESTS

312.1 The Secretary is designated as the Freedom of Information Act officer of the Panel.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987).

31 DCMR § 313 [RESERVED]

31 DCMR § 314 [RESERVED]

31 DCMR § 315 [RESERVED]

31 DCMR § 316 [RESERVED]

31 DCMR § 317 [RESERVED]

31 DCMR § 318 [RESERVED]

31 DCMR § 319 [RESERVED]

31 DCMR § 320 GENERAL PROVISIONS REGARDING ADJUDICATORY PROCEEDINGS AND COMPUTATION OF TIME

320.1 The rules of procedure set forth in §§ 320 to 355 and 399 shall govern the following:

(a) The form, content, and filing of pleadings in cases heard by the Panel and by hearing panels;

(b) Any intraindustry complaints and disputes;

(d) The final determination of the policy of the Commission or of the Office in any case in which the rights, duties, or privileges of any person are in issue.

320.2 In any case where the Act or Administrative Procedure Act provides a procedure inconsistent with this chapter, the Act or Administrative Procedure Act shall govern to the extent of such inconsistency.

320.3 If in any case the forms set out in §§ 328, 329, and 333 to 342 are found to be inappropriate, parties may devise forms substantially similar to those herein prescribed to meet such situations.

320.4 When, by notice given under §§ 320 to 358 and 399, or by order or decision of the Panel or a hearing panel, an act is required or allowed to be done at or within a specified time, the hearing panel for cause shown may, at any time in its discretion, do either of the following:

(a) With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

320.5 In computing any period of time prescribed or allowed by this §§ 320 to 358 and 399, by notice, order, or rule, of the Commission, Panel, or Office, or by statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

320.6 The last day of the period so computed shall be included unless it is a Saturday, Sunday, or during the period of time described in § 302.2, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or during the period of time described in § 302.2.

320.7 Whenever a party has the right or is required to take action within the period prescribed by §§ 320 to 358 and 399, by a notice given thereunder, or by an order or regulation, the Panel or a hearing panel may, before the expiration of the prescribed period, with or without notice, extend the period; or, upon motion, permit the act to be done after the expiration of the specified period, where the failure to act is clearly shown to have been the result of excusable neglect.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6757 (October 23, 1987).

31 DCMR § 321 HEARINGS AND OTHER ADMINISTRATIVE REVIEW

321.1 A person has a right to a hearing whenever he or she has been aggrieved or adversely affected by any act or refusal to act, or the issuance of any order or decision by the Office which is subject to review by any applicable statute or rule, or which constitutes a "contested case" as this term is defined in the Administrative Procedure Act.

321.2 The Panel and its hearing panels:

(a) Exercise authority as provided in the Act;

(b) Adjudicate complaints filed under Chapters 8, 9, and 10 of this title;

(d) Hear contests as to the imposition of fines pursuant to § 825 of this title;

(e) Hear appeals from certain decisions of the Bureau of Traffic Adjudication pursuant to § 322; and

(f) Consider intraindustry complaints and disputes.

321.3 The right to a hearing shall not extend to any act or decision which is based solely on the results of any test, examination, or inspection given or made by the Office.

321.4 Hearings may be afforded persons not otherwise qualified under the provisions of § 321.2 at the discretion of the Chairperson, or as specifically provided in §§ 320 to 358 and 399.

321.5 Any person entitled to a hearing may demand the hearing by written demand which shall comply with the requirements of §§ 320 to 358 and 399.

321.6 Every party shall have the right to present his or her case or defense by oral or documentary evidence, to submit evidence in rebuttal and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

321.7 When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the Chairperson may fix the same time and place for each hearing and conduct the hearings jointly.

321.8 When joint hearings are held, a single record of the proceedings shall be made, the evidence introduced in one case may be considered as introduced in the others, and a separate or joint decision shall be made, as appropriate.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6759 (October 23, 1987).

31 DCMR § 322 HEARING ON IMMEDIATE SUSPENSION OF LICENSES TO OPERATE PUBLIC VEHICLES FOR HIRE

322.1 Any person whose license to own or operate a vehicle as a taxicab or a passenger vehicle for hire is immediately suspended by the Chairperson may, unless otherwise provided by law, demand a hearing before an examiner in the Bureau of Traffic Adjudication which shall be granted, except when the action taken by the Chairperson is made mandatory by law or when the person has previously been afforded an opportunity with appropriate notice for a hearing.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6760 (October 23, 1987).

31 DCMR § 323 HEARINGS AND PROCEEDINGS BEFORE THE HEARING PANELS

323.1 Any of the following persons may request a hearing which shall be granted:

(a) A person whose license or licenses to act as a taxicab or passenger vehicle for hire owner or operator has been denied by the Office;

(b) A person whose license or licenses to act as a taxicab or passenger vehicle for hire owner or operator has been recommended by the Office for revocation or suspension (except for immediate suspensions described in § 322);

(c) A person whose conduct as a taxicab or passenger vehicle for hire owner or operator has caused the filing of a complaint, such complaint having not been resolved by the Office pursuant to § 801.4 of this title;

(d) A person who wishes to contest the imposition of a civil fine pursuant to § 825 of this title for alleged infractions; or

(e) A person who wishes to contest a decision entered by the Bureau of Traffic Adjudication pursuant to § 322.

323.2 The request for a hearing shall be made to the Chairperson, in writing on a form substantially similar to that shown as Appendix 3-1 to this chapter, within fifteen (15) days after personal service, or within eighteen (18) days after mail posting, of the action complained of, except as provided in § 323.3.

323.3 The request for a hearing to contest the imposition of a civil fine shall be made to the Chairperson, in writing on a form within fifteen (15) days of the issuance of the Notice of Civil Infraction(s).

323.4 There shall be no extensions of the time period prescribed in § 323.2, except as provided in §§ 320.4 to 320.7.

323.5 A person shall not be entitled to a hearing if that person has previously been afforded, after appropriate notice, an opportunity for a hearing.

323.6 If any person fails to appear at a hearing scheduled by the Chairperson before a hearing panel without good cause shown, the proposed order of suspension or revocation or imposition of civil fine shall become effective immediately without further notification to the person.

323.7 Appeals from any final decision of the hearing panel pursuant to this section shall, pursuant to D.C. Official Code § 2-510 (2001) be taken to the District of Columbia Court of Appeals.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6760 (October 23, 1987).

31 DCMR § 324 HEARING PANELS

324.1 Upon the filing of a demand for hearing, the Chairperson shall assign the case to a hearing panel. Thereafter, all motions and procedural requests shall be addressed to the Chairperson or his or her designee who shall preside at the hearing.

324.2 The Chairperson shall have the following powers, in addition to any other powers specified in §§ 320 to 355 and 399:

(a) To give notice concerning hearings;

(b) To administer oaths and affirmations;

(d) To issue subpoenas, to take depositions, or cause depositions or interrogatories to be taken;

(e) To rule upon offers of proof and to receive relevant evidence;

(f) To regulate the course and conduct of hearings;

(g) To hold conferences, before or during a hearing, for the settlement or simplification of issues;

(h) To rule on motions and to dispose of procedural requests or similar matters;

(i) To draft the initial and final orders and opinions to decisions of the hearing panels as provided in § 324.3; and

(j) To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule, or regulation.

324.3 The hearing panel shall have the following powers, in addition to any other powers specified in §§ 320 to 355 and 399:

(a) To examine witnesses and to take testimony; and

(b) To make the initial and final decisions in a proceeding and to direct the Chairperson to prepare a written order and opinion to effect such decision which shall be considered and approved by the hearing panel when satisfactory.

324.4 The authority of the hearing panel in each case shall terminate upon the occurrence of any of the following:

(a) Expiration of the period within which requests for administrative or judicial review may be filed;

(b) When a member or members of the hearing panel withdraws from the case upon considering himself, herself, or themselves disqualified, or for any other reason; and

324.5 No person shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any party, or where that person has any interest in the matter pending for decision before him or her.

324.6 In cases to be determined upon an evidentiary record after notice and hearing, a party desiring that a person disqualify himself or herself from participating in the proceeding shall file a motion as provided in § 336.

324.7 The Chairperson for a hearing panel to whom a case is assigned shall give the parties reasonable notice including the date, time and place of a hearing and the nature of the hearing.

324.8 In no case shall notice be given less than ten (10) days prior to the hearing unless by consent of all parties to the hearing.

324.9 In the case of a hearing for the contest of the imposition of civil fines pursuant to § 825, the availability of law enforcement personnel may be specified in the Notice of Infraction.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6761 (October 23, 1987).

31 DCMR § 325 DISMISSAL OF HEARINGS

325.1 With the approval of the hearing panel at any time prior to the mailing of notice of the decision, a demand for a hearing may be withdrawn or dismissed upon motion of the party or parties filing the demand for the hearing.

325.2 A party may request a dismissal by filing a written notice with the Chairperson or orally stating the request at the hearing.

325.3 With the approval of the hearing panel, a demand for hearing may be dismissed upon its abandonment by the party or parties who filed it.

325.4 A party shall be deemed to have abandoned a demand for a hearing if neither the party nor his or her attorney appears at the time and place fixed for the hearing and, prior to the time for hearing, the party has not shown good cause why neither he or she nor his or her attorney can appear.

325.5 The hearing panel may, on its own motion direct the Chairperson, to dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

(a) Where the doctrine of res judicata is applicable because of a final decision either by the Department of Public Works, the Office, a hearing panel, or by judicial affirmance. Where the grounds asserted for a proposed revocation or suspension have been the subject of a trial and judgment by the Superior Court of the District of Columbia, and that judgment is in favor of the party demanding the hearing, the demand shall be dismissed, the proposal denied, and the license restored, without fee, unless there exists some other encumbrance on the license;

(b) Where the party demanding a hearing is not a proper party or does not otherwise have a right to a hearing;

(c) Where the party has failed to file a timely hearing demand pursuant to the provisions of this chapter, and the time for filing the demand has not been extended under the provisions of this chapter;

(d) Where a party who filed the hearing demand dies and there is no information before the hearing panel showing that an individual who is not a party may be prejudiced by the determination which is the subject of the demand for hearing; or

(e) Where the hearing panel, in its opinion, finds that a petition filed in any proceeding does not raise a question of fact or the claim or prayer is frivolous.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6763 (October 23, 1987).

31 DCMR § 326 NOTICE AND EFFECT OF DISMISSAL

326.1 Notice of the action of dismissal by the hearing panel shall be given by the Chairperson to the party or mailed to the party at his or her last known address by certified mail, return receipt requested, and, within ten (10) days thereafter, by regular mail, first class postage prepaid.

326.2 The dismissal of a demand for hearing shall be final and binding unless vacated.

326.3 The action of dismissal shall be in the form of an order by the Chairperson adopted by the hearing panel which shall contain a statement of facts and the reason for the dismissal. No such order shall be necessary where all the parties have filed an application for dismissal in writing.

326.4 The Chairperson may, on motion of a party and for good cause shown, vacate any dismissal of a demand for a hearing at any time within thirty (30) days from the date of mailing notice of dismissal of a demand for hearing.

326.5 An order containing a statement of facts and the reasons for denial of the motion shall be given to the moving party or mailed to the party at his or her last known address by certified mail, return receipt requested, and within ten (10) days thereafter, by regular mail, first class postage prepaid.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6764 (October 23, 1987).

31 DCMR § 327 DOCUMENTS FILED IN PROCEEDINGS

327.1 Documents required or permitted by any provision of this chapter shall be filed with the Chairperson at the Office of the Commission.

327.2 Documents may be filed by personal delivery or by mail.

327.3 Unless otherwise specified, documents shall be considered to be filed on the date on which they are actually received by the Chairperson.

327.4 All documents filed with or presented to the Chairperson shall be retained in the files of the Commission; provided, that the Chairperson may permit the withdrawal of original documents upon the submission of properly authenticated copies to replace the documents.

327.5 Any party who submits data or evidence in a proceeding governed by this chapter in response to a subpoena or by request or by permission of the Chairperson may, on payment of lawfully prescribed costs, procure a copy of any document submitted by him or her and a copy of any transcript made of his or her testimony.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6765 (October 23, 1987).

31 DCMR § 328 FORMAT OF DOCUMENTS FILED IN PROCEEDINGS

328.1 All typewritten documents shall be on strong, durable paper not larger than eight and one-half by eleven inches (81/2 in. x 11 in.) except that other documents may be larger if folded to the size of the document to which they are physically attached.

328.2 Text shall be double-spaced, except for footnotes and long quotations which may be single-spaced.

328.3 Type not smaller than elite shall be used.

328.4 The left margin shall be at least one and one-half inches (11/2 in.), and all other margins shall be at least one inch (1 in.).

328.5 If the document is bound, it shall be bound on the left side.

328.6 Papers may be reproduced by a duplicating process, provided all copies are clear and legible.

328.7 Appropriate notes or other indications shall be used so that the existence of any matters shown in color on the original will be accurately indicated on all copies.

328.8 Unless otherwise specified, an executed original and one (1) copy of each document required or permitted to be filed under this section shall be filed with the Chairperson.

328.9 Copies need not be signed, but the name of the person signing the document, as distinguished from the firm or organization he or she represents, shall also be typed or printed on all copies below the space provided for signature.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6765 (October 23, 1987).

31 DCMR § 329 CONTENTS OF DOCUMENTS FILED IN PROCEEDINGS

329.1 If there is no rule or order of the Commission, Panel, or Office which prescribes the content of a formal application, petition, complaint, motion, or other authorized or required document, the document shall contain a proper identification of the parties concerned, the docket number, if assigned, and a concise but complete statement of the facts relied upon and the relief sought.

329.2 Every document shall be signed by the party filing it, or by a duly authorized officer of a business organization or the attorney of record of that party.

329.3 The signature of the person signing the document constitutes a certification that he or she has read the document; that to the best of his or her knowledge, information, and belief every statement contained in the document is true, and no such statements are misleading; and that the document is not interposed for delay.

329.4 The initial document filed by any person shall state on the first page the name and post office address of the person or persons who may be served with any documents filed in the proceeding.

329.5 A document which is filed in violation of this section or in violation of any other requirements imposed by this chapter shall not be accepted for filing by the Office and shall not be physically incorporated in the docket of the proceeding. The sender of the document and all persons who have been served therewith shall be notified of the action of the Office.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6766 (October 23, 1987).

31 DCMR § 330 SERVICE OF DOCUMENTS

330.1 Formal notices, final orders, and similar documents issued by the Chairperson on behalf of the hearing panel shall be served by the Chairperson on all parties to the proceedings.

330.2 Any document filed by any party with the Chairperson on behalf of the hearing panel shall be served upon all parties to the proceedings in which it is filed.

330.3 Service may be made by regular mail, by registered or certified mail, or by personal delivery.

330.4 Service upon a party may be upon an individual, or upon a partnership member, or upon the president or other officers of the corporation, company, firm, or association to be served, or upon the assignee or legal successor of any of the foregoing, or upon any attorney of record for the party, or upon the agent designated by a party to receive service of documents in a particular proceeding as provided by District of Columbia law other than the Administrative Procedure Act.

330.5 Service by regular or registered or certified mail shall be made at the address of the party designated under § 329.4 to receive service of documents. If no such person is designated, service may be made at the usual residence or principal place of business of the party, or, if unknown, at the last address furnished by the party to the Office or the Commission.

330.6 Proof of service shall accompany all documents when they are tendered for filing. Proof of service of any document shall consist of one of the following:

(a) A certificate of mailing executed by the person mailing the document; or

(b) An acknowledgement of service signed by a party receiving service personally or a certificate of the person making personal service.

330.7 Acknowledgement of service may be made by any person at the address shown on the document who is sixteen (16) years of age or over.

330.8 Whenever proof of service is made by mail, the date of mailing shall be the date of service.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6767 (October 23, 1987).

31 DCMR § 331 AMENDMENT AND DISMISSAL OF DOCUMENTS

331.1 If any document initiating or filed in a proceeding is not in substantial conformity with the rules applicable to its contents, or is otherwise insufficient, the Chairperson or the hearing panel may, on his or her or its own initiative, or on motion of any party, strike or dismiss the document, or require its amendment.

331.2 If properly amended, a document shall be made effective as of the date of original filing, but the time prescribed for the filing of any further responsive document directed towards the amended document shall be computed from the date of the filing of the amendment.

331.3 At any time more than ten (10) days prior to the date of hearing, a party may amend its pleading by filing the amended pleading with the Chairperson and by serving copies on the other parties. After that time, amendment shall be allowed at the discretion of the Chairperson.

331.4 Where amendment to an answerable pleading has been allowed, the Chairperson shall allow the adverse party a reasonable time to answer.

331.5 A party may withdraw a pleading only upon approval of the Chairperson.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6768 (October 23, 1987).

31 DCMR § 332 RESPONSIVE DOCUMENTS

332.1 Answers to applications, complaints, petitions, motions, or other documents or orders instituting proceedings may be filed by any party to the proceedings or by any person who has a petition for intervention pending.

332.2 Except as otherwise provided, answers or any further responsive document shall be filed within seven (7) days after service of the document to which the responsive filing is directed.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6768 (October 23, 1987).

31 DCMR § 333 STYLE OF PLEADINGS AND PETITIONS

333.1 Except for documents filed pursuant to § 322 which shall comply with the provisions of Chapter 10 of Title 18, DCMR, all pleadings, notices, orders and other papers filed under the provisions of this chapter shall be captioned "Before the Panel on Adjudication of the District of Columbia Taxicab Commission."

333.2 A document shall contain a docket number, if assigned.

333.3 Each petition filed under this chapter shall be styled in the manner of pleadings as provided in this section.

333.4 Each document shall contain a title appropriate to the proceedings which described generally the type of document it purports to be, such as one of the following:

(a) "In the Matter of the Proposed Revocation (or Suspension or Denial) of the of ";

(b) "In the Matter of a Complaint against Taxicab Owner (or Operator, or Association, or Company, or Fleet) ";

(d) "In the Matter of a Request for a Declaratory Order relating to ";

(e) In the Matter of an Intraindustry Complaint or Dispute Pursuant to D.C. Official Code § 50-307(b)(2)(B) (2001)"; or

(f) "In the Matter of a Review by the Bureau of Traffic Adjudication of the Immediate Suspension of the of ";

(g) "Motion to ".

333.5 Each petition shall meet the general requirements of documents under §§ 327, 328, and 329.

333.6 Upon filing, each petition shall be given a docket number and shall become a matter of public record.

333.7 Each petition shall contain the following:

(a) A concise statement of the facts which tend to show the petitioner's interest;

(b) Supporting data, facts, or evidence upon which petitioner relies as justification for the action requested; and

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6769 (October 23, 1987).

31 DCMR § 334 MOTIONS

334.1 An application to the Chairperson for an order or ruling not otherwise specifically provided for in §§ 320 to 355 and 399 shall be by motion.

334.2 All motions shall be made at an appropriate time, depending upon the nature of the motion and the relief requested.

334.3 Unless made during a hearing, motions shall be made in writing in conformity with § 333, shall state with particularity the grounds for the motion and the relief or order sought, and shall be accompanied by an affidavits or other evidence desired to be relied upon.

334.4 Motions made during hearings, answers thereto, and rulings thereon, may be made orally on the record unless the Chairperson directs otherwise.

334.5 Written motions shall be filed as separate documents, and shall not be incorporated in any other documents, except as follows:

(a) When incorporated of a motion in another document is specifically authorized by an order of the hearing panel; or

(b) When a document is filed which requests alternative forms of relief and one of these alternative requests is properly to be made by motion.

334.6 In the instances described in § 334.5, the document filed shall be appropriately entitled and identified to indicate that it incorporates a motion. Otherwise the motion will be disregarded.

334.7 Within seven (7) days after a motion is served, or such other period as the Chairperson may fix, any party to the proceeding may file an answer in support of or in opposition to the motion, accompanied by such affidavits or other evidence as it desires to be relied upon.

334.8 No oral argument shall be heard on motions unless directed by the Chairperson.

334.9 Written memoranda or briefs may be filed with motions or answers to motions, stating the points and authorities relied upon in support of the position taken.

334.10 All motions shall be disposed of promptly by the Chairperson.

334.11 The filing or pendency of a motion shall not automatically alter or extend the time fixed by §§ 320 to 355 and 399 or any extension granted thereunder to take action.

334.12 Except as otherwise specified in §§ 320 to 355 and 399, any motion allowed under the rules of practice of the courts of the District of Columbia shall be entertained whenever applicable.

334.13 All written motions shall be filed not later than ten (10) days prior to the date set for review or hearing unless the Chairperson shall find that subsequent circumstances have arisen which justify granting of leave to file such motions.

334.14 All motions pending at the time of review or hearing shall be disposed of at that time.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6770 (October 23, 1987).

31 DCMR § 335 MOTIONS FOR LEAVE TO FILE CERTAIN DOCUMENTS

335.1 Motions for leave to file otherwise unauthorized documents shall be filed within ten (10) days after service of any document or order or ruling to which the proposed filing is addressed and shall be served on all parties to the proceeding.

335.2 Motions for leave to file shall contain a concise statement of the matters relied upon as good cause and there shall be attached thereto the pleading or other document for which leave is sought.

335.3 Answers to these motions may not be filed.

335.4 The ruling of the Chairperson on such motions shall be final.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6771 (October 23, 1987).

31 DCMR § 336 MOTION TO DISQUALIFY THE CHAIRPERSON OR MEMBER(S) OF A HEARING PANEL

336.1 Any party desiring that the Chairperson or a member of the hearing panel disqualify himself or herself from participating in a hearing shall file a motion supported by an affidavit setting forth the grounds for such disqualification within the period prescribed in § 334.

336.2 Failure to file a timely motion shall be considered a waiver of disqualification.

336.3 Application for leave to file an untimely motion seeking disqualification of the Chairperson or a member of the hearing panel shall be accompanied by an affidavit setting forth in detail why the facts relied upon as grounds for disqualification were not known and could not have been discovered with reasonable diligence within the prescribed time.

336.4 The Chairperson shall rule on all motions and his or her ruling shall be final, subject to review by the Panel. The decision of the Panel shall be final.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6772 (October 23, 1987).

31 DCMR § 337 SUBPOENAS

337.1 Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the Chairperson in a form substantially similar to that shown in Appendix 2-1 of Chapter 2.

337.2 Applications shall be in writing and in the form of a motion.

337.3 If application is made two (2) or more days prior to the hearing, the motion shall be acted upon prior to the hearing, unless all parties agree that it will be acted upon at the hearing.

337.4 If made during a hearing, the application may be made orally on the record with the consent of the Chairperson.

337.5 Motions for issuance of subpoenas shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by a description of any documentary or tangible evidence to be subpoenaed with as much particularity as is feasible.

337.6 Where it appears at a hearing that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the Chairperson or the hearing panel may issue on his or her or its own motion a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.

337.7 Proceedings of the hearing panel shall be considered investigations or examinations of municipal matters within the meaning of the Act of July 1, 1902 (D.C. Official Code § 1-301.21 (2001)). The provisions of §§ 1 through 3 of the Act of May 11, 1892 (D.C. Official Code §§ 5-1001 through 5-1003 (2001)), shall be applicable with respect to enforcement of subpoenas issued under this section, and with respect to witness fees.

337.8 Any person upon whom a subpoena has been served may, within ten (10) days after service, but in any event prior to the return date thereof, file with the Chairperson a motion to quash or to modify the subpoena and such filing shall stay the subpoena pending final action by the Chairperson or hearing panel on the motion.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6772 (October 23, 1987).

31 DCMR § 338 DEPOSITIONS

338.1 Any party desiring to take the deposition of a witness shall make application therefor in the form of a petition to the Chairperson, setting forth the reasons why the deposition should be taken, the name and residence of the witness, the time and place proposed for taking the deposition, and a general description of the matters concerning which the witness will be asked to testify.

338.2 If good cause be shown, the Chairperson may, in his or her discretion, issue an order authorizing the deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, and the designated officer (authorized to take oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied.

338.3 The order shall be served upon all parties by the person proposing to take the deposition a reasonable time in advance of the time fixed for taking testimony.

338.4 Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them.

338.5 Each question propounded shall be recorded and the answers shall be taken down in the words of the witness.

338.6 Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon, but no transcript filed by the officer shall include argument or debate.

338.7 Objections to questions or evidence shall be noted by the officer upon the deposition, but he or she shall have no power to decide on the competency or materiality or relevance of evidence, and he or she shall record the evidence subject to objection.

338.8 Objections to questions or evidence not made before the officer shall not be deemed waived unless the ground of the objection is one which might have been obviated or removed if presented at that time.

338.9 The testimony shall be reduced to writing by the officer, or under his or her direction, after which the deposition shall be subscribed to by the witness unless the parties by stipulation waive the signing or the witness is ill, cannot be found or refuses to sign, and certified in usual form by the officer.

338.10 If the deposition is not subscribed to by the witness, the officer shall state on record this fact and the reason therefor.

338.11 The original deposition and exhibits shall be forwarded to the Chairperson and shall be filed in the proceedings.

338.12 All depositions shall conform to the specifications of §§ 327 through 329.

338.13 Any fees of a witness, the stenographer or reporter, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.

338.14 The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the proceeding.

338.15 Only that part or the whole of a deposition which is received in evidence at a hearing shall constitute a part of the record in the proceeding upon which a decision is based.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6773 (October 23, 1987).

31 DCMR § 339 TELEPHONIC DEPOSITIONS

339.1 Any party, pursuant to the procedures of § 338 may request the Chairperson to authorize a telephonic deposition of a witness not readily available to appear in person or of a witness beyond the effective territorial jurisdiction of the courts of the District of Columbia.

339.2 The telephonic deposition shall be tape recorded under the supervision of an appropriate official authorized to administer oaths in the District of Columbia. Following the tape recording of the deposition, the officer may cause it to be transcribed in accordance with the provisions of §§ 338.9 and 338.10.

339.3 The officer described in § 339.2 shall, upon the completion of his or her written transcription of the telephonic deposition, submit the document to the witness for his or her review and signature as provided in § 338.9. Such witness shall appear before a person authorized to administer oaths in the witness's state of residence or employment and shall, subject to such penalties of perjury as may be available in such jurisdiction, sign and certify the written transcription of the telephone deposition undertaken pursuant to this section.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6775 (October 23, 1987).

31 DCMR § 340 INTERROGATORIES

340.1 Depositions may be taken and submitted on written interrogatories in substantially the same manner as oral depositions as described in § 338 and shall be permitted under similar circumstances by the Chairperson. One (1) copy shall be served on each party.

340.2 Within seven (7) days after service, any party may file with the Chairperson his or her objections, if any, to the interrogatories and may file such cross-interrogatories as he or she desires to submit.

340.3 Cross-interrogatories shall be served in the same manner on each party as are interrogatories. One (1) copy together with a copy of any objections to interrogatories shall be served on each party who shall have five (5) days thereafter to file and serve his or her objections.

340.4 Objections to interrogatories or cross-interrogatories shall be decided by the Chairperson.

340.5 Objections to interrogatories or cross-interrogatories shall be made before the order for taking and deposition issues, and if not so made shall be deemed waived.

340.6 The provisions of §§ 338.9 through 338.11 shall be applicable to written interrogatories.

340.7 Interrogatories shall conform to the specifications of §§ 327 through 329.

340.8 The fact that interrogatories are filed in a proceeding as provided in this section does not constitute a determination that they are admissible in evidence or that they may be used in the proceeding.

340.9 Only those parts or the whole of interrogatories received in evidence at a hearing shall constitute a part of the record in the proceeding upon which a decision is based.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6775 (October 23, 1987).

31 DCMR § 341 PRE-HEARING CONFERENCE

341.1 Prior to any hearing, the Chairperson may give notice of a pre-hearing conference to all parties to the proceeding and to other persons who appear to have an interest in the proceeding.

341.2 The purpose of a pre-hearing conference is to define and simplify the issues and the scope of the proceeding; to secure statements of the positions of the parties with respect thereto and amendments to the pleadings in conformity therewith; to schedule the exchange of exhibits before the date set for hearing; and to arrive at agreements that will aid in the conduct and disposition of the proceeding.

341.3 Prehearing conference agreements may include, but are not limited to, the following matters:

(a) Matters the hearing panel can consider without necessity of proof;

(b) Admissions of fact and of the genuineness of documents;

(d) Admissibility of evidence;

(e) Limitation of the number of witnesses;

(f) Reduction of oral testimony to written form;

(g) Review of the file created by the Office, if any;

(h) Procedures to be followed at the hearing; and

(i) Disposition of all pending motions.

341.4 The Chairperson may require further conference, or responsive pleadings, or both.

341.5 If a party refuses to produce documents requested by another party at the conference, the Chairperson may compel the production of the documents prior to hearing by subpoena issued in accordance with § 337, as though at a hearing.

341.6 The Chairperson shall issue a report of pre-hearing conference, defining the issues, specifying a schedule for the exchange of exhibits and rebuttal exhibits, the date of hearing, and specifying a time for the filing of objections to the report.

341.7 The report shall be served upon all parties to the proceeding and any person who appeared at the conference.

341.8 Objections to the report may be filed by any interested person within the time specified in the report.

341.9 The Chairperson may revise his or her report in the light of the objections presented. Any revised report shall be served upon the same persons and parties as was the original report.

341.10 The report (or revised report) shall constitute the official account of the conference and shall control the subsequent course of the proceeding; provided, that it may be reconsidered and modified at any time to protect the public interest or to prevent injustice.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6776 (October 23, 1987).

31 DCMR § 342 FORMAL INTERVENTION

342.1 Any person may move to intervene in a proceeding and may become a party thereto if the Chairperson finds that the party may be bound by the order to be entered in the proceeding or that the party has an interest that may not be adequately represented by existing parties; provided, that the intervention would not unduly broaden the issues or delay the proceedings.

342.2 Except for good cause shown, no motion for leave to intervene shall be entertained if filed less than ten (10) days prior to a hearing.

342.3 A motion to intervene shall set forth facts tending to show the following matters, and in passing upon a motion to intervene, the Chairperson shall consider, among other things, the following factors:

(a) The nature of the person's right under any statute to be made a party to the proceeding;

(b) The nature and extent of the interest of the person;

(d) The extent to which the person's interest will be represented by existing parties;

(e) The extent to which the person's participation may reasonably be expected to assist in the development of a sound record; and

(f) The extent to which participation of such person will broaden the issue or delay the proceeding.

342.4 Any party to a proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in § 342.3, within ten (10) days after the motion is filed.

342.5 The decision by the Chairperson granting, denying, or otherwise ruling on any motion to intervene may be issued without receiving any testimony or oral argument either from the moving party or other parties to the proceeding.

342.6 Notice of the decision of the Chairperson shall be in the form of an order which shall contain a statement of facts and the reasons for the order, and shall be served on the moving party and any other party who has filed objections to the motion.

342.7 A party to whom a motion to intervene has been granted becomes a party to the proceeding.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6778 (October 23, 1987).

31 DCMR § 343 APPEARANCES BY COUNSEL

343.1 Any party to a proceeding may appear and be heard in person or through an attorney.

343.2 No register of persons who may practice before the Panel shall be maintained and no application for admission to practice shall be required.

343.3 Any party appearing in person in any proceeding governed by this chapter, whether in response to a subpoena or by request or permission of the hearing panel, may be accompanied, represented, and advised by counsel and may be examined by his or her own counsel before and after other questioning.

343.4 An attorney appearing as counsel shall enter a written appearance on a form provided by the Chairperson which shall contain the signature, address, telephone number, person he or she represents, and a certification that he or she has been admitted to and is authorized to practice before the District of Columbia Court of Appeals. After such appearance form has been filed, service of documents shall be made upon such attorney.

343.5 An attorney may file any motion on behalf of his or her client which may be appropriate, including, but not limited to, motions to consolidate.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6779 (October 23, 1987).

31 DCMR § 344 WAIVER OF RIGHT TO APPEAR

344.1 If all parties waive their right to appear before the hearing panel and present evidence personally or by representative, it shall not be necessary for the panel to give notice of and conduct an oral hearing.

344.2 A waiver of the right to appear shall be made in writing and filed with the Chairperson.

344.3 The waiver may be withdrawn by a party at any time prior to the mailing of the notice of decision in the case.

344.4 If the hearing panel believes that the personal appearance and testimony of the party or parties would assist it to ascertain the facts in issue in any proceeding, it may give notice of a time and place and conduct a hearing notwithstanding the filing of a written waiver as described in this section.

344.5 If a hearing is called and a party waiving oral hearing fails to appear before the Chairperson personally or by representative, the Chairperson shall make a record of the relevant written evidence, including applications, written statements, certificates, affidavits, reports, and other documents which were considered in connection with the proceeding, and shall consider such documents as all of the evidence in the proceeding and the decision shall be based on such documents as are made part of the record.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6779 (October 23, 1987).

31 DCMR § 345 CONDUCT OF HEARINGS

345.1 Hearings shall be open to the parties and to such other persons as the Chairperson deems necessary or proper. At the start of each hearing, the complaint and answer referred to in §§ 801.2 and 801.3, may be read into the record.

345.2 If a pre-hearing conference has not been held pursuant to § 341, parties shall submit a brief summary of their contentions, a list of witnesses to be called, proposed findings of fact and conclusions of law in complex cases, and other pertinent information which may be required by the Chairperson. In the absence of counsel, the Chairperson may waive the requirements of this subsection or permit the information to be orally presented before the Chairperson and the hearing panel.

345.3 If the Chairperson believes that there is relevant and material evidence available which has not been presented at the hearing, the Chairperson may adjourn the hearing, or, at any time prior to the mailing of notice of the decision, reopen the hearing for the receipt of such evidence.

345.4 The order in which evidence and allegations shall be presented and the procedure at the hearing generally, except as otherwise provided in this chapter shall be at the discretion of the Chairperson and of such nature as to afford the parties a reasonable opportunity for a fair hearing and comport with the burden of proof.

345.5 Unless required for the disposition of ex parte matters authorized by law, the Chairperson and the hearing panel shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, not, in connection with any issue of law, with any party or his or her attorney except upon notice and opportunity for all parties to participate.

345.6 The Chairperson and the hearing panel shall not communicate concerning a matter under consideration with the staff of the Office during the adjudicatory phase of the proceedings.

345.7 A hearing scheduled shall not be delayed by a motion for a continuance unless the motion is made a least five (5) working days before the time at which the hearing is scheduled to be held, and, in the opinion of the hearing panel, sets forth good and sufficient cause for a continuance. The hearing panel may, in its discretion, continue a hearing in the unavoidable and justifiable absence of a complaining witness. The hearing panel may consider any inconvenience to the respondent or other witnesses which may result from a continuance, and shall refrain from the granting of multiple continuances in a particular matter. Counsel may seek a continuance for parties and witnesses.

345.8 At the time the hearing panel convenes, all cases scheduled at that time shall be called by the clerk. Requests for continuances shall be considered and resolved. If a party against whom action is to be taken is not present, the hearing panel may enter a default judgment against the person. If the complaining party is not present at the call of the case, an order of dismissal may be entered.

345.9 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as good and sufficient cause for a continuance unless set forth in a motion filed promptly after notice of the hearing has been given.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6780 (October 23, 1987).

31 DCMR § 346 WITNESSES

346.1 Witnesses at a hearing shall testify under oath or affirmation.

346.2 The Chairperson and members of the hearing panel may examine the witnesses and shall allow the parties or their representatives to do so.

346.3 If the Chairperson or member of the hearing panel conducts the examination of a witness, the Chairperson may allow the parties to suggest matters as to which they desire the witness to be questioned, and the Chairperson shall do so if such matters are relevant and material to any issue pending for decision before the hearing panel.

346.4 Parties intending to rely upon an alibi defense shall give written notice of the same to the hearings panel along with the names of the witnesses the party intends to call at least three (3) calendar days prior to the hearing. Failure to comply with this subsection shall preclude the presentation of such alibi witnesses' testimony at the hearing.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6781 (October 23, 1987).

31 DCMR § 347 EVIDENCE: GENERAL PROVISIONS

347.1 Evidence presented at a hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or other documents filed in the case, subject to later modifications of the issues which may be necessary to prevent injustice.

347.2 Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

347.3 The rules of evidence applied in the hearing or review shall include exclusion of evidence whether hearsay or otherwise which does not contain facts of probative value or is not relevant to the issues to be decided.

347.4 No license shall be suspended or revoked solely on the basis of hearsay evidence.

347.5 Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon.

347.6 Exceptions to the rulings of the Chairperson made during the course of a hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it shall be sufficient that a party, at the time the ruling of the Chairperson is made or sought do the following:

(a) Make known the action he or she desires the Chairperson to take; or

(b) Make known his or her objection to an action taken, and the grounds for his or her objection.

347.7 Any offer of proof made in connection with an objection taken to any ruling of the Chairperson rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which a party or his or her counsel contends would be adduced by such testimony.

347.8 If the excluded evidence consists of evidence in documentary or written form or of references to documents or records, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

347.9 The Chairperson may exclude testimony under the rules of privilege recognized by decisions of the courts of the District of Columbia or as provided by law including, but not limited to, communications between attorney and client, physician and patient, and records and files of any official or agency of government which, by statute or otherwise, are recognized as confidential.

347.10 No greater exclusionary effect shall be given any such rule or privilege than would apply in any action in a court of the District of Columbia.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6782 (October 23, 1987).

31 DCMR § 348 EXHIBITS AND OTHER DOCUMENTARY EVIDENCE

348.1 When written exhibits are offered in evidence, one (1) copy shall be furnished to each of the parties at the hearing unless the parties have been furnished previously with copies or the Chairperson directs otherwise.

348.2 If the Chairperson has not fixed a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practical time, preferably before the hearing or, at the latest, at the commencement of the hearing.

348.3 At his or her discretion, the Chairperson may permit a party to withdraw original documents offered in evidence and substitute true copies.

348.4 Documentary evidence may be received in the form of copies or excerpts if the original is not available.

348.5 Upon request, parties shall be given an opportunity to compare the copy with the original when available.

348.6 When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts shall be excluded and shall be segregated insofar as is practicable.

348.7 If the Chairperson so directs, the relevant or material matter may be read into the record, or, if the Chairperson so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies shall be delivered by the party offering the same to opposing parties or to their attorneys appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof.

348.8 In case any portion of the record in any other proceeding or civil or criminal action is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless one of the following occurs:

(a) The party offering the same agrees unconditionally to supply the copies later, or when required by the Chairperson;

(b) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference; or

(c) The Chairperson directs the incorporation by reference or waives the above requirement with the consent of the parties.

348.9 No document or other writing shall be accepted for the record after the close of the hearing, except in accordance with an agreement of the parties and the consent of the Chairperson.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6783 (October 23, 1987).

31 DCMR § 349 OFFICIAL NOTICE

349.1 Without limiting in any manner or to any extent the discretionary powers of the Chairperson to notice other matters or documents which are properly the subject of official notice, the following facts are officially noticed in all proceedings under the provisions of this chapter:

(a) Matters which the courts of the District of Columbia find judicially cognizable; and

(b) Matters of generally recognized technical or specialized facts within the knowledge and experience of the Chairperson and the hearing panel.

349.2 Any fact contained in a document belonging to a category enumerated in § 349.1 shall be deemed to have been physically incorporated into any made part of the record in any proceeding.

349.3 All parties to a proceeding shall be notified either before or during the hearing, or by reference in preliminary conferences, reports or otherwise, of the material noticed, and they shall be afforded an opportunity to contest the material so noticed.

349.4 Where the decision of the hearing panel rests on official notice of a material fact not appearing in the evidence in the record, any party shall, upon filing a motion within ten (10) days after notice thereof be afforded a reasonable opportunity to offer evidence to the contrary.

349.5 When a motion to offer evidence is filed, under § 349.4, the Chairperson shall cause the hearing panel to promptly reconvene and consider the matter. Thereafter, the hearing panel shall resolve the issue promptly.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6784 (October 23, 1987).

31 DCMR § 350 OBJECTIONS TO PUBLIC DISCLOSURE OF INFORMATION

350.1 Any person who objects to public disclosure of any information contained in any paper filed in any proceeding, shall segregate, or request the segregation of, such information into a separate paper and shall file it, or request that it be filed, with the Chairperson separately in a sealed envelope bearing the caption of the enclosed paper and the notation "CLASSIFIED OR CONFIDENTIAL UNDER § 350."

350.2 Notwithstanding any other provision of this section, copies of the filed paper need not be served upon any other party unless so ordered by the Chairperson.

350.3 Any person who objects to public disclosure of any information sought to be elicited from a witness or himself or herself on oral examination shall, before such information is disclosed, make his or her objection known. Upon such objection, and after all present have been sworn to secrecy, the witness shall be compelled to disclose such information only in the presence of the Chairperson, the hearing panel, and the attorneys for the parties.

350.4 The transcript of such information shall be segregated and filed in a sealed envelope in the manner prescribed in this section.

350.5 Copies of the segregated portion of the transcript need not be served upon any other party unless ordered by the Chairperson.

350.6 In case of objection to public disclosure of any information filed by or elicited from any government department or representative thereof, the department or representative making the objection shall follow the procedures described in this section.

350.7 No information covered by this section need be withheld from public disclosure unless written objection is filed with the Chairperson prior to the time of hearing.

350.8 The objection shall be in the form of a motion and signed by the objecting party, duly authorized officer or agent thereof, or by counsel representing that party.

350.9 The motion shall describe the information sought to be withheld and shall contain a statement of the reasons it is claimed that public disclosure would adversely affect the interest of the objecting party and is not required in the interest of the public.

350.10 Notwithstanding any of the provisions of this section, whenever the objection to disclosure of information shall have been made in the first instance at the time of hearing, the written motion required by this section shall not be necessary, but may be submitted if the parties so desire or if the Chairperson so directs.

350.11 The Chairperson shall rule on motions filed pursuant to this section specifying the extent to which, and the conditions upon which, the information may be disclosed to the parties, which order shall be effective upon the date stated therein, or, if made at a hearing, immediately upon the ruling of the Chairperson.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6785 (October 23, 1987).

31 DCMR § 351 ARGUMENT BEFORE THE HEARING PANEL

351.1 The Chairperson shall give the parties to the proceeding adequate opportunity during the course of a hearing for the presentation of arguments in support of or in opposition to motions, objections, and exceptions to rulings of the Chairperson.

351.2 When, after the evidence in a proceeding has been received, in the opinion of the Chairperson, the volume of the evidence or the importance or complexity of the issues involved warrants, he or she may, either on his or her own motion or at the request of a party, permit the presentation of oral arguments.

351.3 The Chairperson may impose such time limits on the arguments as he or she may determine, having regard for his or her other hearing assignments.

351.4 Oral argument shall be transcribed and will be available as part of the record.

351.5 The decision of the Chairperson on whether oral argument is allowed shall be final.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6787 (October 23, 1987).

31 DCMR § 352 TRANSCRIPTS

352.1 Hearings shall be recorded or reported and shall be available for transcribing upon request of any party.

352.2 Costs for transcripts of the record or of any portion shall be borne by the parties requesting the transcripts.

352.3 Changes in the official transcript may be made only when they involve errors affecting substance.

352.4 A motion to correct a transcript shall be filed with the Chairperson within ten (10) days after receipt of same by a party.

352.5 If no objections to the motion are filed within ten (10) days thereafter, the transcript may, upon the approval of the Chairperson, be changed to reflect the corrections.

352.6 If objections are received, the motion and objections shall be submitted to the reporter or person who transcribed the recording by the Chairperson together with a request for a comparison of the transcript with the stenographic or other record of the hearing.

352.7 After receipt of the report of the reporter or person who made the transcription, an order shall be entered by the Chairperson settling the record and ruling on the motion.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6787 (October 23, 1987).

31 DCMR § 353 DECISIONS OF HEARING PANEL AND CONSIDERATION OF SANCTIONS

353.1 At the conclusion of the hearing, the Chairperson shall recess the proceedings so that the hearing panel may consider the matter. The Chairperson shall have no vote in the decisions of the hearing panel. Thereafter, the Chairperson may announce the decision orally or the hearing panel may direct the Chairperson not to announce a decision until its decision is submitted in writing at a later date.

353.2 Following a decision by the hearing panel adverse to the interest of the petitioner, brief argument may be heard regarding appropriate sanctions. The representative of the Office may submit information to the hearing panel relative to the question of sanctions and the petitioning party may be heard in mitigation. Following such testimony and argument the Chairperson shall recess the proceedings so that the hearing panel may consider the matter. The hearing panel may, upon having reached a conclusion as to the appropriate sanction to be imposed, direct the Chairperson to announce the decision orally or the hearing panel may direct the Chairperson not to announce the sanctions imposed until they are submitted in writing at a later date.

353.3 Regardless of whether or not the decision and sanctions, if any, are announced orally, a copy of the decision and sanctions, if any, shall be given to each party or to his or her attorney of record.

353.4 The decision shall include a statement of findings of fact and conclusions of law.

353.5 The findings shall incorporate basic facts upon which conclusions are based. Mere conclusive assertions or summaries of evidence shall not be sufficient for use as a basis for findings of fact within the meaning of this section.

353.6 No decision shall be made by the hearing panel except upon consideration of the entire record of the proceeding, or upon such portion of the record of the proceeding as may be agreed upon by all the parties to the proceeding, and no evidence, information, or other knowledge (other than official notice of a material fact not appearing in the evidence in the record but taken cognizance of in accordance with § 349 brought to the attention of the hearing panel) shall be considered.

353.7 In any proceeding in which evidence is taken, the record shall include, wherever applicable, all of the following:

(a) Pleadings, motions, and rulings thereon, including objections or exceptions and the reasons for making such rulings;

(b) All evidence received of whatever kind of which the hearing panel made use of took official cognizance;

(c) A statement of matters officially noticed, and any contest thereof by any party including any rulings thereon by the Chairperson;

(d) Offers of proof, objections thereto, and the rulings by the Chairperson thereon and any statements made by a party as to what excluded evidence would have shown;

(e) Arguments of the parties or of counsel; and

(f) The hearing panel's findings of fact and conclusions of law.

353.8 If the party is affiliated with an association or fleet, the Chairperson on behalf of the hearing panel shall promptly give notice to such association or fleet of its findings and decisions. If the party is an independent operator, the Chairperson on behalf of the hearing panel shall promptly give notice to such person's insurance company of its findings and decision.

353.9 The decision and order shall be sent when it is complete to the party or parties at his or her or their last known address or addressees by certified mail, return receipt requested, and, within ten (10) days thereafter, by regular mail, first class postage prepaid. For the purposes of motions filed pursuant to § 354 or for judicial review, receipt of the mailing will be deemed to occur on the date the return receipt is signed in the case of certified mail, return receipt requested, and five (5) days from the date of mailing in the case of regular first class mail.

353.10 The Office shall, once each month, prepare a list of persons found by the hearing panels to have committed offenses. This listing shall be posted in the Office of the Commission and shall be publicly disseminated.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6788 (October 23, 1987).

31 DCMR § 354 REHEARING OR RECONSIDERATION

354.1 A final decision and order in an individual proceeding may be subject to rehearing or reconsideration by the hearing panel within ten (10) days from the date of its entry upon motion by a party or on motion of the Chairperson.

354.2 The grounds for rehearing or reconsideration shall be one or more of the following:

(a) Newly discovered or newly available evidence relevant to the issues;

(b) Need for additional evidence to develop adequately the facts essential to proper decision;

(c) Probable error committed by the Chairperson or hearing panel in the proceeding or in its decision which would be grounds for reversal on judicial review of the decision;

(d) Need for further consideration of the issues and the evidence in the public interest; and

(e) A showing that issues not previously considered ought to be examined in order properly to dispose of the matter.

354.3 The order of the Chairperson on behalf of the hearing panel granting rehearing or reconsideration or the motion of the party therefor, shall set forth the grounds which justify that action.

354.4 Nothing in this section shall prevent rehearing or reconsideration of a matter by any hearing panel in accordance with other statutory provisions applicable to the Commission, Panel, or Office, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious testimony.

354.5 The hearing shall be confined to those grounds upon which the rehearing or reconsideration was ordered.

354.6 If an application for rehearing is timely filed, the period within which judicial review must be brought under the Administrative Procedure Act shall run from the final disposition of the application.

354.7 A motion for rehearing or reconsideration shall not operate as a stay of any order of suspension or revocation of a license or registration which has become final by decision of the hearing panel following the original hearing.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6790 (October 23, 1987).

31 DCMR § 355 DECLARATORY ORDERS

355.1 Any person may file a petition with the Chairperson for submission to the Panel for a declaratory order with respect to the applicability of any rule, order, or statute enforced or administered by the Chairperson, to remove any uncertainty or ambiguity in the application of the rule, order, or statute, or to terminate a controversy in any case in which a hearing is not required by law for its disposition.

355.2 Two (2) or more persons similarly situated may join in a single petition and additional parties may intervene by petition.

355.3 Upon receipt of a petition, the Chairperson shall refer the petition to the Panel. The Panel shall determine the advisability of any action to be taken.

355.4 The Panel may order a hearing to be held before the Panel or a committee thereof prior to issuance of any order described in § 355.5 or § 355.6.

355.5 If the Panel determines that the petition discloses sufficient reasons in support of the requests therein to justify a declaratory order, the Panel shall submit the proposed declaratory order, or a modification thereof, accompanied by the findings of fact upon which the recommended order is based, to the Secretary for review and to the Corporation Counsel for approval.

355.6 A petition shall be dismissed with notice to the petitioner stating the grounds for the dismissal, if the Panel finds the following:

(a) The petition involves a hypothetical moot question;

(b) The petitioner has no interest within the meaning of the Administrative Procedure Act in that the legal rights, duties, or privileges of such petitioner will not be substantially affected by the granting or denial of the order requested; or

355.7 If recommended in a case pending before the Corporation Counsel, a hearing shall be held to determine any material facts not in the record but deemed necessary by the Corporation Counsel for a decision.

355.8 Hearings shall be held in the manner prescribed in this chapter insofar as such procedures are applicable.

355.9 The Chairperson shall file any declaratory order approved by the Panel and the Corporation Counsel, and a copy of the order shall be delivered to any petitioner whose name appears in the record.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6791 (October 23, 1987).

31 DCMR § 356 INVESTIGATIONS

356.1 The Panel may hold investigative hearings on any aspect of taxicab operations.

356.2 In order to use subpoenas to obtain testimony or documents, the Panel shall adopt a resolution authorizing an investigation by the Panel or a committee thereof.

356.3 Resolutions authorizing investigations under this section must delineate the purpose of the investigation and the subject matter to be investigated to afford witnesses adequate notice of the scope of the inquiry.

356.4 The Secretary shall publish a notice of each investigation authorized under § 356.2, which shall include a copy or description of the resolution authorizing the investigation and the date it was filed with the Secretary.

356.5 Within ninety (90) days of concluding an investigation, under this section, the Panel or committee shall submit to the Commission the results of its investigation unless the Commission, by majority vote of the members present and voting, extends this time limit

356.6 The Panel, by a majority of the members present and voting, may vote not to release all or part of its report. The Commission by a majority of members present and voting, may direct the Panel to release its report under terms that the Commission sets.

356.7 A witness may be affirmed or sworn to give truthful testimony.

356.8 Any person authorized by law may issue an oath or affirmation to a witness.

356.9 The Panel or committee may authorize a member, committee staff, or counsel advising the Panel or committee to take the testimony of witnesses by oral or written depositions.

356.10 The Panel may subpoena the attendance and testimony of witnesses and the production of documents and other tangible items at meetings, hearings, and depositions in connection with an investigation.

356.11 Subpoenas shall be served personally on the witness or his or her designated agent in one (1) of the following ways, which may be attempted concurrently or successively:

(a) By a special process server, at least eighteen (18) years of age, designated by the Panel or committee from among the staff appointed by the Chairperson who are not directly involved in the investigation; or

(b) By a special process server, at least eighteen (18) years of age, engaged by the Panel or committee for this purpose.

356.12 The Panel or hearing committee may refer to the Commission any case of contumacy by any person subpoenaed to appear before the investigative hearing panel. The Commission by resolution, may refer any case of contumacy by any person subpoenaed by the Panel or a committee to the Superior Court of the District of Columbia.

356.13 Any witness has the right to refuse to answer any question which might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges or statutory or common law privileges recognized in the courts of the District of Columbia.

356.14 If a witness asserts a privilege, the Chairperson shall inquire into the witness' reasons for claiming the privilege. If the Chairperson determines that the claim of privileges is not warranted, he or she shall direct the witness to answer the question. A witness' continued claim of privilege in the face of an order by the presiding member to answer a specific question constitutes contumacy by the witness.

356.15 Where a witness under subpoena is not represented by counsel, the presiding member shall advise the witness of his or her privilege against self incrimination.

356.16 A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.

356.17 Any person who is the subject of an investigation authorized under § 356.2 may submit written questions for the cross-examination of other witnesses at public hearings called by the Panel or the committee. With the consent of the members present and voting, those questions may be put to the witness by any member, by any authorized staff member, or by counsel advising the Panel or committee.

356.18 Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Panel or committee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment complained of.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6792 (October 23, 1987).

31 DCMR § 357 INTRAINDUSTRY COMPLAINTS AND DISPUTES

357.1 Intraindustry complaints and disputes may be considered pursuant to §§ 355, 356, and 368.

357.2 If issues in proceedings before a hearing panel present matters described in § 357.1, the Panel may hold investigative hearings pursuant to § 356. At the conclusion of such hearings, additional rules may be necessary to protect the public and the taxicab industry. The rules shall then be considered pursuant to § 358.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6794 (October 23, 1987).

31 DCMR § 358 AMENDMENTS

358.1 Whenever the Chairperson or the Panel proposes to adopt, amend, or repeal a rule, any interested party or parties may submit data or views on the action proposed in the form of a written petition.

358.2 Any interested party or parties may petition in writing to the Chairperson for the adoption, repeal, or amendment of rules.

358.3 Upon receipt, the Chairperson may refer a petition to the staff of the Office with a request for a written report on the advisability of any action to be taken upon the petition. The staff shall promptly submit a report to the Chairperson who shall transmit it to the Panel for its consideration.

358.4 If the Panel determines that the petition discloses sufficient reasons in support of the proposals therein to justify the institution of rulemaking, an appropriate notice thereof will be issued to all petitioners and the public that proposed rulemaking will be held on the matter.

358.5 If the Panel determine that the petition does not show sufficient grounds to justify rulemaking procedures, the Chairperson shall notify the petitioner together with the grounds for denial.

358.6 The Panel may order that a public hearing be held prior to the adoption, amendment, or repeal of a rule in the manner prescribed in this chapter, insofar as the procedures are applicable.

358.7 Amendments to this chapter may be adopted at any duly convened meeting of the Panel by a majority vote of those present and voting.

358.8 Notice of the proposed amendments shall be provided to all members of the Panel at least thirty (30) days in advance of the meeting at which they will be considered unless a majority of the members of the Panel waive the notice.

358.9 Final rulemaking action to amend this chapter, following publication in the D.C. Register of a thirty (30) day notice of proposed rulemaking and public hearing, may be taken by a majority of the members of the Panel present and voting.

358.10 The Chairperson shall file any rule, amendment, or repeal thereof approved by the Panel to the Office of Documents.

358.11 If any rule is adopted pursuant to proceedings initiated by petition of any interested party, a copy of the rule shall be delivered to such party.

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6794 (October 23, 1987).

31 DCMR § 399 [REPEALED]

History

SOURCE: Final Rulemaking published at 34 DCR 6751, 6796 (October 23, 1987); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 399

31-4 TAXICAB PAYMENT SERVICE PROVIDERS

31 DCMR § 400 APPLICATION AND SCOPE

400.1 The purpose of this chapter is to establish substantive rules for the administration and operation of payment service providers (PSPs) who provide the modern taximeter systems (MTSs) required by § 603 of this title, and for the integration of MTSs with registered dispatch services, including rules applicable to both PSPs and dispatch services, to ensure the safety of passengers and operators, for consumer protection, and to collect a taxicab passenger surcharge.

400.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97, D.C. Official Code §§ 50-301 et seq.).

400.3 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013).

31 DCMR § 401 GENERAL REQUIREMENTS

401.1 Each person interested in being licensed by the Office of Taxicabs (Office) as a PSP to market an MTS to taxicab owners pursuant to § 603 shall apply for and obtain approval of its proposed MTS under this chapter.

401.2 Each person interested in providing digital payment service to taxicab companies and independent owners shall apply for and obtain a certificate of operating authority that includes such service pursuant to Chapter 16.

401.3 Each PSP and each digital dispatch service (DDS) shall comply with the integration requirements of § 408.16 for the processing of digital payment, not later than the date required by § 603.2. Prior to such date, each DDS shall be permitted to process digital payments without integration. Where a PSP and DDS are affiliated businesses, the PSP shall comply with all applicable provisions of this Chapter without regard to the form of payment, including ensuring that the passenger surcharge will be collected from the passenger and paid to the District for every trip.

401.4 No later than the date required by § 603.2, no PSP shall fail or refuse to participate in processing digital payments in the manner required by this chapter, where the taxicab company or independent owner that uses an MTS unit provided by the PSP chooses to offer digital payment to its passengers.

401.5 All costs associated with an MTS shall be the responsibility of the PSP, but may be allocated by a written agreement among the PSP, the taxicab companies and independent owners to whom the PSP markets its MTS units, or any other person, including costs for:

(a) Development (including those which may arise in the review process under § 404 and those associated with adding the passenger console and safety feature required by § 603.8 (n));

(b) Integration, pursuant to § 408.16;

(d) Upgrade or modification (including costs to remain in compliance with any amendment to a provision of this title);

(e) Installation;

(f) Repair and maintenance; and

(g) Compliance with an Office order.

401.6 Nothing in this chapter shall be construed to solicit or create a contractual relationship between the District of Columbia and any person.

401.7 Notwithstanding any other provision of this title, no PSP shall be approved by the Department to operate, or to market MTS units, after December 31, 2017.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 401

31 DCMR § 402 RELATED SERVICES

402.1 A person may operate a PSP and one or more affiliated businesses, provided each affiliated business is operated in compliance with all applicable provisions of this title and other applicable laws.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013).

31 DCMR § 403 PROPOSED MODERN TAXIMETER SYSTEMS – APPLICATIONS BY PSPS

403.1 No person shall operate as a PSP, process an in-vehicle payment for a taxicab trip, market MTS units, or allow another person to use its MTS units, unless such person is a PSP with current approval of its MTS under this chapter. The approval of a PSP’s modern taximeter system under this chapter shall constitute the PSP’s operating authority under this title.

403.2 Each person seeking approval of a proposed MTS shall file with the Office an application that includes the following information (including such documentation as required by the Office):

(a) The PSP’s name, business address, and business telephone number, and the name(s) of its owner and operator;

(b) The name, business address, and business telephone number of each affiliated business;

(1) The MTS equipment requirements of § 603.8, including the requirement of § 603.8(n) that a passenger console be incorporated not later than December 1, 2013, and the requirement of § 603.8(n)(3) that a safety feature be incorporated not later than June 1, 2014; and

(2) The MTS service and support requirements of § 603.9;

(d) A certification that the PSP owns the rights to, or holds licenses to use, all the intellectual property used by the proposed MTS;

(e) The forms of in-vehicle payment that the PSP proposes to offer, in addition to cash (such as near-field communications);

(f) Information showing the PSP is in compliance with federal and District licensing, permitting, registration, anti-discrimination, and taxation requirements applicable to a business operating in the District;

(g) The address and telephone number for the PSP’s bona fide administrative office or for its registered agent authorized to accept service of process, information showing that the PSP’s bona fide administrative office, if any, is in compliance with all laws, rules, and regulations concerning the operation of a place of business in the District, and an indication of whether a place of business would be shared with an affiliated business;

(h) The customer service telephone number that the PSP will provide for passengers;

(i) The technical support telephone number that the PSP will provide for taxicab owners and operators;

(j) The URL for the PSP’s website, if any;

(k) The trade name for the MTS and for each service offered by an affiliated business;

(l) A certification that the PSP is in compliance with the Clean Hands Before Receiving a License or Permit Act of 1996 (“Clean Hands Act”), effective May 11, 1996 (D.C. Law 11-118, D.C. Official Code § 47-2862);

(m) An initial inventory of the vehicles and operators associated with the PSP, as required by § 408.12;

(n) Information showing the PSP will collect from the passenger and pay to the District the passenger surcharge for each taxicab trip, as required by § 408.15;

(o) A sample agreement used by the PSP to associate with taxicab companies, independent owners, and operators;

(p) The name of each dispatch service with which the PSP is associated, if any;

(q) Information showing the PSP will be in compliance with the integration requirements of § 408.16; and

(r) Such other information related to establishing compliance with this chapter as the Office may require at the time of application or during the review process.

403.3 Each application shall be made under penalty of perjury, and shall be accompanied by an application fee of one-thousand dollars ($1,000) and by a surcharge bond.

403.4 A request for approval may be denied if an application contains or was submitted with materially false information provided orally or in writing for the purpose of inducing approval.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013).

31 DCMR § 404 REVIEW PROCESS

404.1 The PSP shall bear the burden of establishing to the satisfaction of the Office that its proposed MTS meets all the requirements of this chapter and §§ 603.8 and 603.9.

404.2 An applicant may be scheduled for one or more demonstrations of its proposed MTS equipment, where the Office’s technical staff shall examine and test the equipment and ask questions of the PSP’s technical staff, who shall attend.

404.3 A request for approval may be denied if the applicant does not cooperate with the Office during the review process, or if applicant provides materially false information orally or in writing during the review process for the purpose of inducing approval.

404.4 The Office may use any information or documentation it acquired from the applicant during an MTS pre-approval process, if such process was used by the PSP. Pre-approval of a proposed MTS shall not entitle a PSP to approval under this chapter.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013).

31 DCMR § 405 DECISION TO GRANT OR DENY

405.1 The Office shall complete the review process and issue its decision to grant or deny approval of a proposed MTS within thirty (30) days after the application is filed, provided however, that such period may be extended by the Office for no more than ten (10) days with notice to the PSP whenever the Office has five (5) proposed MTSs under review.

405.2 [REPEALED].

405.3 [REPEALED].

405.4 An approval shall continue in effect for twelve (12) months, during which time no substantial change shall be made to an approved MTS without written approval from the Office. A PSP shall promptly inform the Office of a proposed substantial change that would require written approval. A PSP’s integration with a DDS, including the submission of a proposed integration agreement, shall not constitute a substantial change.

405.5 Each approved MTS shall be listed on the Commission’s website.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 405

31 DCMR § 406 RENEWAL APPLICATIONS

406.1 Each approved MTS shall be submitted for renewal of its approval at least sixty (60) days before the expiration of the approval, unless the Office grants a waiver in writing for good cause shown. A renewal application submitted less than sixty (60) days before the expiration of the approval shall be accompanied by a late fee of one thousand dollars ($1,000). The procedures applicable to new applications shall apply to renewal applications, except as otherwise required by this title or other applicable law.

406.2 [REPEALED].

406.3 Renewal of MTS approval shall require that the MTS be in compliance with all applicable provisions of this title, and other applicable laws in effect at the time renewal is sought.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 6429 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 406

31 DCMR § 407 [RESERVED]

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 6429 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 407

31 DCMR § 408 OPERATING REQUIREMENTS APPLICABLE TO PSPs AND DDSs

408.1 Each PSP shall operate in compliance with this chapter and Chapters 6 and 8 of this title, and other applicable laws.

408.2 Each DDS that provides dispatch or digital payment for taxicabs shall operate in compliance with this chapter and Chapters 8 and 16 of this title, and other applicable laws.

408.3 Each PSP shall comply with all applicable federal and District licensing, permitting, registration, anti-discrimination, and taxation requirements for a business operating in the District.

408.4 Each PSP shall either maintain a bona fide administrative office, consisting of a physical office in the District, in the same manner required of a taxicab company under Chapter 5 of this title and in compliance with all laws, rules, and regulations concerning the operation of a place of business in the District, or shall maintain a registered agent authorized to accept service of process, provided, however, that a PSP operated by a person that provides another service regulated by this title requiring such person to maintain a bona fide administrative office in the District shall operate such bona fide administrative office as a bona fide administrative office for the PSP as well. Each PSP may share a place of business with its affiliated businesses provided the place of business is in compliance with this Title and other applicable laws, including the requirement for a certificate of occupancy provided by the Department of Consumer and Regulatory Affairs.

408.5 Each PSP shall maintain a customer service telephone number for passengers with a “202” prefix or a toll-free area code that shall be available during normal working hours 365 days per year.

408.6 Each PSP shall maintain a technical support telephone number for vehicle owners and operators with a “202” prefix or a toll-free area code that shall be available 24 hours per day, 365 days per year.

408.7 Each PSP shall operate only in compliance with §§ 508-513 of this title, to the same extent as if the PSP were a taxicab company.

408.8 Each PSP shall:

(a) Store its business records in a safe and secure manner, and in compliance with industry best practices and applicable federal and District law;

(b) Make its business records available for inspection and copying during regular business hours at the Office or at its bona fide administrative office, if maintained, within five (5) business days of its receipt of a written demand from the Office; and

408.9 Cooperation and reporting. Each PSP shall:

(a) Timely and fully cooperate with the Office and all District enforcement officials in the enforcement of and compliance with all applicable provisions of this title and other applicable laws;

(b) Timely provide full and complete reports as required by Chapter 6;

(d) Appear at the administrative offices of the Office with any records demanded, when directed to do so by the Office pursuant to this title, except for good cause shown.

408.10 Each PSP shall notify the Office if it learns of a security breach as to which a report must be made pursuant to the Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237; D.C. Official Code §§ 28-3851, et seq.) or other applicable law.

408.11 Each PSP shall allow each passenger to make his or her choice of in-vehicle payment or digital payment, to the extent required by this chapter, and no minimum payment shall be required.

408.12 Each PSP shall remain in compliance with all MTS service and support requirements in Chapter 6 and all requirements of this chapter throughout the period that its MTS has a current and valid approval from the Office.

408.13 Each PSP shall pay each taxicab company or independent owner with which it is associated the portion of such PSP’s revenue to which such taxicab company or independent owner is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received by the PSP.

408.14 Inventory requirements.

(a) Each PSP shall maintain with the Office accurate and current inventories of all vehicles and all operators on active status with which it associates for its MTS. Only active vehicles and active operators shall appear on inventories.

(b) Each PSP shall ensure that:

(1) Its vehicle and operator inventories are maintained and updated in the manner and frequency determined by the Office;

(2) When a vehicle or operator is no longer associated with the PSP as a result of a threat to passenger or public safety, the inventories shall be updated promptly; and

(3) Separate inventories are maintained for vehicles and operators.

(1) The name, address, work telephone number, and cellular telephone number, for the owner(s);

(2) The name, address, telephone number, and cellular telephone number for the taxicab company, association or fleet with which the owner is associated, if any;

(3) The vehicle's PVIN, make, model, and year of manufacture;

(4) A certification that the vehicle is in compliance with the insurance requirements of Chapter 9 of this title; and

(5) A statement of whether the vehicle is wheelchair accessible.

(d) Each operator inventory shall include, as to each operator:

(1) The name, address, work telephone number and cellular telephone number, for the operator; and

(2) The operator’s DCTC commercial operator license number and the name, address, telephone number and cellular telephone number for any taxicab company, association, or with which the operator is associated.

408.15 Passenger surcharge collection and payment by PSPs and DDSs.

(a) Each PSP shall comply with paragraph (c) of this subsection.

(b) Each DDS that is required to collect the taxicab passenger surcharge pursuant to § 408.16 shall comply with paragraph (c) of this subsection.

(1) If it is a DDS, it shall provide a surcharge bond to the Office at the time of its application for a certificate of operating authority under Chapter 16 that includes processing digital payments for taxicabs;

(2) Collect the surcharge as an authorized additional charge under § 801.7(b)(2) for each taxicab trip;

(3) Remit to the District, at the end of each seven (7) day period, a payment to the D.C. Treasurer in the amount of all the surcharges it has collected during such period; and

(4) Send via email at the time of its payment a report to the Office certifying its payment to the District and providing a basis for the amount of such payment.

(d) Each person that participates in providing service for a taxicab trip, regardless of whether it is required by paragraph (a) or (b) to collect and pay the passenger surcharge, shall cooperate with the Office to resolve any discrepancy concerning a passenger surcharge owed or paid to the District by any person, and, if the Office is unable to resolve such discrepancy within thirty (30) days, the Office may, in its discretion, make a claim against the surcharge bond deposited by any person that participated, as necessary and appropriate to satisfy the amount of the discrepancy.

(e) A surcharge bond provided to the Office by a PSP or by a DDS shall be returned within thirty (30) days following an event that causes such business to lose its operating authority under this title, provided, however, that the surcharge bond shall not be returned while there remains a discrepancy concerning a passenger surcharge owed or paid to the District by any person.

408.16 Each PSP shall integrate with the District of Columbia Universal Taxicab App (“DC TaxiApp”) in a manner consistent with § 1613.13(b) not later than the implementation date set forth in §§ 1612 and 1613, and may integrate with any DDS, subject to the following requirements.

(a) The reasonable and documented expenses for integration between the DC TaxiApp and each PSP shall be paid as follows:

(1) For integration with each PSP which has operating authority on the implementation date set forth in § 1612: by the District of Columbia Taxicab Industry Co-op (“Co-op”); and

(2) For integration with each PSP which obtains operating authority after the implementation date in § 1612: the Co-op and the PSP shall bear its own expenses for integration.

(b) Each PSP that fails to integrate or maintain integration as required by this subsection shall be subject to a civil fine in accordance with Chapter 20 in addition to any other penalty available under Chapter 7.

(c) Integration shall in all cases require a connection via technology that meets Open Web Application Security Project (“OWASP”) security guidelines, that complies with the current standards of the PCI Security Standards Council (“Council”) for payment card data security, if such standards exist, and, if not, then with the current guidelines of the Council for payment card data security, and, that, for direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013); as amended by Final Rulemaking published at 61 DCR 6429 (June 27, 2014); as amended by Final Rulemaking published at 61 DCR 6436 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 8061 (June 5, 2015); as amended by Final Rulemaking published at 63 DCR 1307 (February 5, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 408

31 DCMR § 409 PROHIBITIONS

409.1 No PSP shall participate in a transaction involving taxicab service in the District where the fare, rates, charges, or payment does not comply with the applicable provisions of this title, including this chapter, and §§ 603 and 801.

409.2 No PSP shall allow its associated operators to limit service or refuse to provide service based on a person’s choice of payment method.

409.3 No PSP shall allow its associated operators to access a passenger’s payment card information after the payment has been processed.

409.4 No PSP shall allow its MTS to be used by an operator or vehicle not on its inventory at the time the trip is booked by dispatch or by street hail.

409.5 No PSP shall allow its MTS to be used by any person for a taxicab trip unless the taxicab passenger surcharge is collected from the passenger and paid to the District for such trip.

409.6 No person shall operate as a PSP, process an in-vehicle payment for a taxicab trip, or sell, lease, lend, or otherwise provide an MTS unit to any person in the District, unless such person is a PSP with current approval of its MTS under this chapter.

409.7 No PSP may alter or attempt to alter its legal obligations under this title or to impose an obligation on any person that is contrary to public policy or that threatens passenger or operator safety, or consumer protection.

409.8 A PSP shall not associate with a taxicab operator who provides service with a vehicle that displays on its exterior the name, logo, insignia, or other unique branding of a taxicab fleet or association, if such fleet or association does not agree to the operator’s association with the PSP, and:

(a) For thirty (30) days following the effective date of this rulemaking, such fleet or association is providing credit card processing services to its associated operators; or

(b) After thirty (30) days following the effective date of this rulemaking, such fleet or association has filed an application for approval as a PSP under this chapter or has been approved as a PSP under this chapter.

409.9 A PSP shall not allow its associated taxicab companies, independent owners, or taxicab operators to associate with a dispatch service that is not in full compliance with this title or other applicable law.

409.10 No PSP or DDS shall participate in processing a payment or otherwise providing service to a passenger who chooses to pay by digital payment, except in the manner required by all applicable provisions of this chapter.

409.11 No PSP or DDS shall fail or refuse to participate in processing a digital payment in the manner required by all applicable provisions of this chapter, including, without limitation, a failure to maintain integration as required by § 408.16.

409.12 No PSP or DDS shall associate with or integrate with a PSP or DDS that does not have the operating authority required by a provision of this title, or that is operated in violation of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013).

31 DCMR § 410 ENFORCEMENT

410.1 The enforcement of this chapter shall be governed by Chapter 7.

410.2 [RESERVED]

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 410

31 DCMR § 411 PENALTIES

411.1 A PSP or DDS that violates this chapter or an applicable provision of another chapter of this title is subject to:

(a) Suspension, revocation, or non-renewal of the Office's approval of its MTS (if a PSP) or modification, suspension, revocation, or non-renewal of its registration under Chapter 16 (if a DDS);

(b) Civil fines as set forth in Chapter 20; or

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013); as amended by Final Rulemaking published at 61 DCR 3832 (April 11, 2014); as amended by Final Rulemaking published at 61 DCR 6434 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 411

31 DCMR § 499 [REPEALED]

History

SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013); as amended by Final Rulemaking published at 61 DCR 6436 (June 27, 2014); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 499

31-5 TAXICAB COMPANIES, ASSOCIATIONS, FLEETS, AND INDEPENDENT TAXICABS

31 DCMR § 500 APPLICATION AND SCOPE

500.1 This chapter shall apply to and govern all taxicab companies, associations, fleets, and in some instances, independently owned taxicabs, in the District of Columbia.

500.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the "District of Columbia Taxicab Commission Establishment Act of 1985," as amended.

500.3 In the event of a conflict between a provision of this section and any other provision of this title, the more restrictive provision shall apply.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3596 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 8549, 8550 (July 20, 2012); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 500

31 DCMR § 501 INITIAL AND RENEWAL CERTIFICATES AND LICENSES; FILING REQUIREMENTS

501.1 No person shall operate a taxicab company, association, or fleet in the District without first obtaining a Certificate of Operating Authority issued by the Commission.

501.2 Each application for a new or renewal certificate of operating authority shall be made on a form prescribed by the Office of Taxicabs (Office), which shall contain a sworn and notarized statement that the information contained in the application is true under penalty of perjury, and that the applicant is in compliance with the clean hands requirements of D.C. Official Code § 47-2862 (2005 Repl. & 2011 Supp.).

501.3 An applicant for a new or renewal certificate of operating authority license shall provide the following information with its application:

(a) The name, address, telephone number, e-mail address, and fax number of the applicant;

(b) Certification of tax compliance from the Internal Revenue Service for the prior tax year;

(c) A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;

(d) A copy of the current by-laws and other rules and regulations relating to the applicant’s organization and operations;

(e) Certificate-of-identity information on a form provided by the Office indicating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the Office;

(f) The following information, if the applicant is a partnership:

A certified copy of the partnership certificate; and

A list of the partners, including the name, residential address, and telephone number of each partner;

(g) The following information, if the applicant is a corporation:

A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, or his or her designee, if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;

A copy of its articles of incorporation; and

(3) A list of its officers, including the name, residential address, and telephone number of each officer;

(h) The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;

(i) An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;

(j) A statement by the applicant that the company, association, or fleet will not discriminate against employees or customers and will provide taxicab services throughout the District of Columbia;

(k) A listing of membership, insurance, dispatch, and rental fees, where applicable;

(l) Identification of the number of hybrid taxicabs, wheelchair-accessible taxicabs, and other specially-equipped taxicab vehicles; and

(m) Clean Hands certification that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.

(n) Certification that it is in compliance with the operating requirements of § 510.

(o) Proof of insurance including workers compensation.

501.4 Each applicant for a new or renewal certificate of operating authority shall also provide the following information as to the vehicles to be affiliated or associated with its company, association, or fleet or owned by the applicant:

(a) The name and residential address of the owner of each vehicle to be affiliated or associated with the applicant;

(b) The vehicle body type, the vehicle make and model, the vehicle’s model year, and the vehicle identification number;

(c) Verification that the applicant has applied for and is pre-approved for insurance that complies with District of Columbia insurance requirements and the requirements of chapter 9 of this title;

(d) The trade name and any design, insignia, logo, term, symbol, lettering, or other exterior object, pursuant to § 503 of this chapter; and

(e) The specially-equipped taxicab vehicle information, where applicable, required to be submitted by § 604 of this title.

501.5 The Office shall verify all the information provided in response to §§ 501.3 and 501.4 of this section and provide a preliminary approval of the name, logo, or insignia before each application is presented to the Office for approval.

501.6 Annually on or before December 15 and at other times as may be required by the Commission, each taxicab company, association, or fleet shall renew its certificate of operating authority by filing an application with the Office. The application shall include the following information:

(a) The name and residential address of the owner of each taxicab affiliated or associated with the taxicab company, association, or fleet;

(b) Identification of the vehicle body type, the vehicle make and model, the model year, the vehicle identification number, the fleet number, the taxicab permit number (referred to as the DCTC), the tag number, and the mileage for all taxicabs affiliated or associated with the taxicab company, association, or fleet or owned by the taxicab company, association, or fleet;

(d) Verification that the company, association, or fleet is in compliance with District of Columbia insurance requirements and the insurance requirements in chapter 9 of this title;

(e) A current District of Columbia Department of Motor Vehicles, Bureau of Traffic Adjudication, ticket report for each taxicab vehicle;

(f) Three (3) three inch by five inch (3″ x 5″) pictures of the Office-approved name, logo, and insignia information displayed on the front, right side, and rear of the taxicab; and

(g) Identification of the number of hybrid taxicabs, wheelchair-accessible taxicabs, and other specially-equipped taxicab vehicles.

501.7 During the certificate of operating authority period, any change in the information required by this section shall be reported by each licensee to the Office within five (5) business days after the change, except for items that generally will increase or fluctuate such as vehicle mileage, number of associated drivers, or number of associated vehicles (above the minimum required).

501.8 Each applicant seeking to do business in the District and each licensed taxicab company, association, or fleet authorized to do business in the District shall pay an annual certificate of operating authority license fee prescribed by the Commission.

501.9 A taxicab company, association, or fleet that fails to timely file its renewal or other information as required in this section shall be subject to a late fee of two hundred and fifty dollars ($250).

501.10 Each taxicab company shall dedicate a portion of each taxi fleet with which it is associated or affiliated as follows:

(a) At least six percent (6%) of each taxicab fleet shall be wheelchair-accessible by December 31, 2014.

(b) At least twelve percent (12%) of each taxicab fleet shall be wheelchair-accessible by December 31, 2016.

501.11 Beginning in 2015, a vehicle shall not be counted for purposes of compliance with § 501.10 where for fifty percent (50%) or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:

(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or

(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.

501.12 The Office shall deny an initial or renewal certificate of operating authority to a taxicab company which is not in compliance with § 501.10.

501.13 If the Office denies a renewal certificate of operating authority pursuant to § 501.12, it shall at such time grant a temporary certificate of operating authority to the taxicab company, which shall expire not later than one hundred eighty (180) days from the date of issuance, provided that:

(a) The taxicab company files by the renewal date a compliance plan with the Office; and

(b) The compliance plan demonstrates that the taxicab company shall achieve full compliance with the requirements of § 501.10 not later than one hundred eighty (180) days of the renewal date, and is supported by such information and documentation as the Office may require.

501.14 A taxicab company granted a temporary certificate of operating authority pursuant to § 501.13 shall submit evidence that it has complied with the compliance plan, filed with the Office pursuant to § 501.13, prior to the expiration date of the temporary certificate of operating authority. The Office shall review the taxicab company’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.

501.15 If the evidence of compliance with the compliance plan submitted pursuant to § 501.13 is satisfactory to the Office, the Office shall renew the company’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the company, and the company’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period of any appeal.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3596 (June 1, 1990); as amended by Final Rulemaking published at 41 DCR 1855 (April 8, 1994); as amended by Final Rulemaking published at 52 DCR 6675 (July 15, 2005); as amended by Final Rulemaking published at 53 DCR 7980 (October 6, 2006); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 294 (January 8, 2010)); as amended by Final Rulemaking published at 59 DCR 8549, 8550 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 3415 (March 20, 2015); as amended by Final Rulemaking published at 63 DCR 067 (January 1, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 501

31 DCMR § 502 REQUIREMENT OF LOCAL PLACE OF BUSINESS

502.1 Each taxicab company, association, or fleet shall maintain a bona fide administrative office in the District of Columbia.

502.2 A bona fide administrative office is an office that has a working telephone number and address listed in the name of the company, association, or fleet, standard office furniture, and at least one (1) person on site to respond to consumer calls and receive visitors, and that is open during normal business hours.

502.3 The company, association, or fleet shall maintain required business records, including but not limited to, employee, associate, fleet, and license records, at the administrative office in a secure filing system.

502.4 Each bona fide administrative office in the District of Columbia shall have a valid Certificate of Occupancy for a business; and have the name of the business prominently displayed on the outside of the site designated as their business address.

502.5 Failure to have a bona fide administrative office within the District of Columbia shall result in the revocation of the certificate of operating authority for the company, association, or fleet, if the failure is not cured within fifteen (15) business days after the date of a written notice.

502.6 If multiple taxicab companies, associations, or fleets share office space, but not ownership, each must have a separate certificate of occupancy for their business or the certificate of occupancy must reflect the name of each business operating within the office space; and each must have clearly distinguishable administrative office space that meets all of the requirements of § 502.2.

502.7 Each company, association, and fleet shall post the hours of operation of its bona fide administrative office as set forth in § 516.

502.8 Each company, association, or fleet shall prohibit the parking of taxicabs on any public street in front of, alongside, or in the rear of the bona fide administrative office as set forth in § 516.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3597 (June 1, 1990); as amended by Final Rulemaking published at 52 DCR 6676 (July 15, 2005); as amended by Final Rulemaking published at 53 DCR 852 (February 10, 2006); as amended by Final Rulemaking published at 59 DCR 8549, 8553 (July 20, 2012); as amended by Final Rulemaking published at 61 DCR 8520 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 502

31 DCMR § 503 TAXICAB COLORINGS AND MARKINGS

503.1 Uniform color scheme. Each vehicle used as a taxicab shall be in compliance with the uniform color scheme in § 503.3 if:

(a) It is entering service using a new taxicab vehicle license (and corresponding new “H tag” from DMV);

(b) It is entering service using an existing vehicle license, as required by the vehicle retirement rules of Chapter 6 or based on the owner’s decision to replace a vehicle earlier than required by such rules; or

503.2 A taxicab that fails to comply with this section shall not be operated. Each taxicab operated in violation of this section shall subject the owner and operator to the civil penalties set forth in this chapter, including impoundment of the vehicle.

503.3 The uniform color scheme for District taxicabs is established as provided in this subsection. Each vehicle shall:

(a) Be painted red in color to match the D.C. Circulator: 3M Controltac Graphic Film color Geranium 180C-63;

(b) Bear a vehicle model specific stripe decal on both sides that: aligns with the bottom of the taxicab tail light at the rear of the vehicle, is made of 3M Controltac Plus Film (or equivalent), and matches Pantone Warm Gray 2 in color;

(c) Bear decal letters of the name of the taxicab company, association, or fleet name, or the name of the owner for an independently operated taxicab, and a customer service telephone number on both front side doors (driver and passenger). The decal letters shall be the color black, in Calibri font, using capital letters that are two and fifteen sixteenths inches (2-15/16″) in height measured from the X height and manufactured of 3M Controltac Plus Film (or equivalent);

(d) Bear decal letters of the taxicab company, association, fleet name or the name of the owner, which shall be on the rear of the body so as to be clearly visible from the rear, on either side of and in alignment with the center of the vehicle manufacturer placed logo. The decal letters shall be the color black, in Calibri font, using capital letters that are one and one half (1-1/2) inches in height measured from the X height and manufactured of 3M Controltac Plus Film (or equivalent);

(e) Display a DCTC Certification Decal, of a size and shape determined by the Office, which shall be affixed in the lower left hand corner of the rear passenger window; and

(f) If the owner has received express written approval from the Office, an insignia, logo, term, or symbol may be placed on the vehicle, consistent with the requirements of § 503.7, as follows —

(1) If the owner is a taxicab company, or the vehicle is associated with a taxicab association or fleet, the insignia or logo of such company, association, or fleet may be centered on both rear passenger doors, which shall be no more than seventeen inches (17″) in width and shall be two inches (2″) from the closest gray edge/field; and

(2) Based on specifications set forth in one or more Office orders, where the vehicle is an alternative fuel vehicle, a term or symbol commonly used in the motor vehicle or taxicab industry to mark such vehicle may be placed on the vehicle.

(g) The PVIN shall appear on the deck-lid if the vehicle is a passenger sedan, and on the rear door as high as possible beneath the rear window, if the vehicle is a passenger van or SUV, in letters and numbers that are black in color, Gothic in style, three inches (3 in.) high, three eighths of an inch (3/8 in.) wide, and with three eighths of an inch (3/8 in.) between each digit.

(h) The PVIN shall appear in one or more locations on the vehicle if the vehicle is equipped with a cruising light rather than a legacy dome light, as set forth in an administrative issuance.

503.4 The Department may allow or require enhancements to or modifications of the uniform color scheme for a vehicle that participates in a pilot, grant, donation agreement, or other program, or that is equipped with a digital taxicab solution (“DTS”).

503.5 It shall be the responsibility of each taxicab company, association, or fleet to ensure that any taxicab bearing its name, insignia, or logo is on the insurance list filed with the Office for that company, association, or fleet.

503.6 The operation of a taxicab bearing a name, insignia, or logo in violation of this section shall be presumptive evidence that the operator and the owner are in violation of § 816 (fraud).

503.7 Review process for proposed display of insignia, logo, term, or symbol.

(a) An owner interested in displaying an insignia, logo, term, or symbol on its vehicle pursuant to § 503.3(f) shall submit an application under oath, in a form acceptable to the Office, accompanied by the appropriate fee, and —

(1) Either —

(A) If the application seeks approval of a taxicab company, association, or fleet insignia or logo, pursuant to § 503.3(f)(1): an electronic rendering of the design accurately depicting the insignia or logo and its proposed location(s) on the vehicle; or

(B) If the application is for a term or symbol for an alternative fuel vehicle, pursuant to § 503.3(f)(2), then a website URL for a trade or industry association or vehicle manufacturer website where the term or symbol may be found and reflects that the term or symbol is commonly used in the motor vehicle or taxicab industry to mark such vehicle, and an electronic rendering accurately depicting the term or symbol and its proposed location(s) on the vehicle; and

(2) Such additional information and documentation that the Office may require to evaluate the request.

(b) The Office shall deny an application where the proposed insignia, logo, term or symbol would be offensive, in poor taste, confuse or mislead consumers, undermine the uniform color scheme, or violate any provision of this title or other applicable law.

(c) The Office shall render its decision to grant or deny an application in writing within thirty (30) days, which, if denied, may be appealed to the Chairman, whose decision shall be a final, appealable order of the Office.

(d) If the Office grants its approval, the owner shall complete placement of the insignia, logo, term, or symbol on all of its vehicles within sixty (60) days of the issuance of the approval.

503.8 The following prohibitions apply to all taxicab vehicles that must be repainted under this section:

(a) No paint, graphic, vehicle wrap or decal, paint color, design, insignia, logo, term, symbol, advertisement, signage, display, label, sticker, lettering, or numbering, including any legacy taxicab number no longer tracked or used by the Office, shall be placed on any taxicab unless it is expressly authorized by and complies with this section, or is permitted by an administrative issuance.

(b) There shall not be placed on or in any taxicab, paint, graphic, vehicle wrap or decal, paint color, design, insignia, logo, term, symbol, advertisement, signage, display, label, sticker, lettering, numbering, or other exterior object which has, tends to have, or may have the effect of confusing, misleading, or deceiving the public.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3597 (June 1, 1990); as amended by Final Rulemaking published at 40 DCR 4047 (June 25, 1993); as amended by Final Rulemaking published at 41 DCR 2370 (April 29, 1994); by Final Rulemaking published at 41 DCR 6953 (October 21, 1994); as amended by Final Rulemaking published 45 DCR 8866 (December 11, 1998); as amended by Final Rulemaking published at 59 DCR 8549, 8554 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 9265 (July 3, 2015); as amended by Final Rulemaking published at 63 DCR 8881 (June 24, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 503

31 DCMR § 504 INDEPENDENT TAXICAB VEHICLE BUSINESSES

504.1 An individual not domiciled in the District (“applicant”) may apply pursuant to this section for an initial certificate of operating authority to operate an independent taxicab vehicle business (“ITVB”), during such times when the Department makes new DFHV vehicle licenses available. This section does not authorize the issuance of new DFHV vehicle licenses or DMV “H tags”. Existing ITVBs may apply pursuant to this section to renew their ITVB operating authority provided they meet all requirements for ITVBs in effect at that time. An applicant may register a taxicab vehicle in the District, with the ITVB as co-owner and co-registrant, as required by the rules and regulations of DMV and other applicable laws. The operating authority required by this section shall be in addition to any other operating required by this chapter for independent owners.

504.2 Applicants may be required by the Department as a condition for the issuance of operating authority to:

(a) Purchase or lease a vehicle which has electric propulsion;

(b) Purchase or lease a vehicle which is wheelchair accessible;

(d) Obtain additional training to improve customer service levels, including training for wheelchair service and disability sensitivity; and

(e) Meet other reasonable requirements to enhance safety and consumer protection, to improve customer service, and to achieve other lawful purposes within the jurisdiction of the Department, as determined by the Department in an administrative issuance.

504.3 For all purposes of this title, the Establishment Act, the Impoundment Act, and other applicable laws (excluding the regulations and laws applicable to DMV):

(a) The ITVB shall be considered and treated by the Department as the legal alter ego of the individual for all purposes of this title, with the effect of imposing upon the individual all obligations applicable to the ITVB under this title, provided however that where a provision of this title authorizes the imposition of a civil penalty upon either the ITVB or the individual, either penalty may be applied upon the individual; and

(b) Notwithstanding any contrary provision of Chapter 7, notice of any action including without limitation any enforcement action or legal proceeding by the Department, the Office of Administrative Hearings, or the District, shall be valid, binding, and fully enforceable against either or both the individual and the ITVB, provided it is otherwise properly served upon either the individual or the ITVB pursuant to Chapter 7.

504.4 Nothing in this chapter shall be construed to alter the legal rights or obligations of any person under any provision of the D.C. Municipal Regulations or District law other than the rules and regulations of this title.

504.5 An individual (“applicant”) shall be eligible to apply for an initial or renewed certificate of operating authority under this section where:

(a) The individual is not domiciled in the District;

(b) The individual holds a DFHV vehicle operator’s license (Face card) to operate a taxicab;

(1) Holds a current DFHV vehicle license as an independent owner-operator, for a vehicle titled and registered with DMV;

(2) Is a co-owner of a vehicle with a taxicab company or association and has obtained a release of the company’s or association’s interests in the vehicle; or

(3) Owns or agrees in writing to purchase a new vehicle or a vehicle which is not required to be replaced within two (2) years from the date of the application;

(d) Consistent with the prohibition in § 504.12, no person other than the applicant has acquired, or is designated to receive, a legal or beneficial interest in the ITVB, in any contract, will, or other legal document, and the applicant has not become domiciled in the District, requirements which shall appear in the charter documents filed with DCRA;

(e) The ITVB is a District-based business with a bona fide place of business in the District, registered with DCRA and subject to all other requirements for a District-based business, and eligible under all applicable District regulations and laws (other than those in this title) to appear on the title as co-owner of the vehicle for which the application is filed;

(f) The individual and the vehicle are in full compliance with all other requirements of this title, including all applicable licensing and operating requirements;

(g) The individual is in good standing with the Department, including having no pending enforcement actions;

(h) The individual is in compliance with the Clean Hands Act; and

(i) For renewal applications: such additional information and documentation as may be required by the Department, including information and documentation showing the ITVB is in compliance with all operating requirements.

504.6 Each application for operating authority shall:

(a) Contain such supporting information and documentation as may be required by the Department, including information and documentation about the applicant, the vehicle, and the business;

(b) Be accompanied by the original charter documents for the ITVB which demonstrate compliance with this section;

(d) Be filed not later than any deadline stated in an applicable administrative issuance; and

(e) Be accompanied by an application fee of one hundred fifty dollars ($150) for an initial application.

504.7 The Department shall issue a decision to grant or deny an application for an initial or renewed certificate of operating authority within thirty (30) days.

504.8 Operating authority for the ITVB shall be effective for twelve (12) months. The Department may establish a uniform renewal date through an administrative issuance.

504.9 At the time an applicant is issued a certificate of operating authority, the applicant shall also be issued a DFHV vehicle license in the name of the applicant and the ITVB under § 1010, which shall be automatically suspended or revoked if the ITVB’s operating authority or the applicant’s DFHV operator’s license (face card) is suspended or revoked.

504.10 Failure to file an application to renew ITVB operating authority within the time established by the Department shall result in the loss of the operating authority. The application deadline shall not be extended.

504.11 Each ITVB shall comply with § 812 for leasing the vehicle co-titled in its name. A lease executed in violation of this requirement shall be null and void.

504.12 An ITVB operating authority shall be null and void, and thereby subject to immediate suspension, proposed suspension, and proposed revocation, if any time:

(a) A person other than the applicant acquires, or is designated to receive, a legal or beneficial interest in the ITVB, in any contract, will, or other legal document; or

(b) The applicant becomes domiciled in the District, provided however that in the event ITVB operating authority becomes null and void for this reason, the applicant shall be entitled to be issued a DFHV vehicle license as the exclusive owner of the vehicle where the applicant notifies the Department of the change in domicile within thirty (30) days of the change.

504.13 Tags issued by DMV based on a DFHV vehicle license issued pursuant to this section shall be immediately surrendered to DMV if any of the following licenses are suspended (other than an immediate suspension), revoked, or not renewed:

(a) The applicant’s DFHV operator’s license;

(b) The vehicle’s DFHV vehicle license; or

504.14 Tags required to be surrendered pursuant to § 504.13 shall not be reissued, reclaimed, restored, or returned.

504.15 The Department may deny any license issued under this title to any person the issuance of which would perpetuate a violation of this section.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3599 (June 1, 1990); as amended by Final Rulemaking published at 40 DCR 4047 (June 25, 1993); as amended by Final Rulemaking published at 52 DCR 6677 (July 15, 2005); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 9484 (July 10, 2015); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 504

31 DCMR § 505 INDEPENDENT TAXICABS

505.1 The Office shall not issue any new independent taxicab numbers. Each taxicab vehicle in operation in the District shall be identified by the PVIN assigned to it pursuant to this title.

505.2 Effective December 31, 2015, each independent taxicab owner (“applicant”) shall apply annually for a certificate of operating authority using a form provided by and in a manner established by the Office, for which the Office shall charge a fee of fifty dollars ($50), which shall include the following information and documentation:

(a) The applicant’s name, residence and business addresses;

(b) The applicant’s home and mobile telephone numbers and either a fax number or an email address;

(d) The make, model, year of manufacture, body type, and vehicle identification number of the applicant’s vehicle;

(e) The PVIN of the applicant’s vehicle;

(f) The odometer reading of the applicant’s vehicle;

(g) Whether the applicant’s vehicle is wheelchair accessible or other specially equipped;

(h) The type of fuel used by the applicant’s vehicle;

(i) Certification of tax compliance from the Internal Revenue Service for the prior tax year;

(j) A copy of Certificate of Occupancy for the applicant’s administrative office, if applicable;

(k) A statement by the applicant that the applicant will not discriminate against customers and will provide service throughout the District of Columbia;

(l) Clean Hands certification that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form;

(m) Verification that the applicant has applied for and is pre-approved for insurance that complies with District of Columbia insurance requirements and the requirements of Chapter 9 of this title; and

(n) The trade name and any design, insignia, logo, term, symbol, lettering, or other exterior object, pursuant to § 503 of this chapter.

505.3 Each independent taxicab owner shall report to the Office any change in the information required by § 502.5 within three (3) business days.

505.4 Each independent taxicab shall be in compliance with the uniform color scheme requirements of §§ 503.1 and 503.3.

505.5 An independent taxicab number shall not be displayed on a vehicle that is not painted in the uniform color scheme, except where consistent with § 503.3 (d).

505.6 Each independent taxicab shall have displayed on the exterior of each rear door the following markings, in the following order, centered, from top to bottom, which shall comply with § 505.12:

(a) The name of the taxicab owner, or the owner’s trade name or insignia;

(b) The word “taxicab” unless the word “cab” or “taxicab” is part of the trade name or insignia;

(c) The vehicle’s independent taxicab number centered within a rectangular box, so as to be clearly visible from the rear; and

(d) A bona fide 24-hour customer service telephone number which is either a toll free number or a local number with a “202” area code.

505.7 Except as provided otherwise in this title, all information required by § 1010.14 shall be updated within three (3) business days.

505.8 All letters and numbers on independently operated taxicabs shall be Gothic in style, three (3) inches high, three-eighths (3/8) of an inch wide, with three-eighths (3/8) of an inch between each digit and the inside edge. The letters and numbers shall be painted as follows on taxicabs not yet required by this title to be painted in the uniform color scheme:

(a) On taxicabs with the body painted black, the numbers, letters, and boxes required by this section shall be white; and

(b) On taxicabs with the body painted white, the numbers, letters, and boxes required by this section shall be black.

505.9 No independent taxicab number issued for a taxicab vehicle may be transferred to another taxicab vehicle.

505.10 If an independent taxicab number assigned by the Office is surrendered by the owner or revoked by the Commission, the number shall be null and void and may not be reclaimed, reassigned, reissued, renewed, or redistributed by the Office.

505.11 Each independent taxicab owner shall maintain a computerized data system capable of electronically submitting to the Office all information required by this Title and other applicable law.

505.12 Each independent taxicab owner shall provide one or more safety devices for all its owned and associated vehicles which conforms to the equipment standards of § 603.8(n)(3), as specified in an administrative issuance, including a device which also provides for driver’s safety.

505.13 Each independent taxicab owner shall maintain a website containing only current and accurate information about the company or association.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3599 (June 1, 1990); as amended by Final Rulemaking published at 40 DCR 4047, 4048 (June 25, 1993); and by Final Rulemaking published 45 DCR 8866, 8867 (December 11, 1998); as amended by Final Rulemaking published at 52 DCR 6678 (July 15, 2005); as amended by Final Rulemaking published at 53 DCR 853 (February 10, 2006); as amended by Final Rulemaking published at 59 DCR 8549, 8554 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 63 DCR 067 (January 1, 2016); as amended by Final Rulemaking published at 63 DCR 14131 (November 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 505

31 DCMR § 506 TAXICAB REMOVAL FROM SERVICE

506.1 Immediately upon withdrawing a vehicle from use as a taxicab, the owner shall remove any design, insignia, logo, term, symbol, lettering, or other exterior object or trade, association, company or owner’s name, and vehicle number and remove the dome light and H-tag.

506.2 Upon removal of a vehicle from service the owner shall notify the association, company, or fleet and immediately surrender the H-tag to DMV.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3600 (June 1, 1990); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013).

31 DCMR § 507 TRANSFER OF OWNERSHIP, MANAGEMENT, OR OPERATION

507.1 A taxicab company, association, or fleet shall file an application for transfer approval with the Office before transferring the ownership, operation, or management of the company, association, or fleet. In addition, a company, association, or fleet shall file an application with the Office before an owner or operator either exits or enters the company, association, or fleet.

507.2 An application required by § 507.1 shall be filed on a form provided by the Office accompanied by a non-refundable application fee of five hundred dollars ($500).

507.3 The application shall include the following information as it relates to all parties leaving or entering the ownership of the company, association, or fleet:

(a) The name, address, telephone number, e-mail address, and fax number of the applicant;

(b) Clean Hands Act certification from the Office of Tax and Revenue and certificate of compliance from the Internal Revenue Service or a certified copy of filed federal tax return;

(c) A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;

(d) A copy of the current by-laws and other rules and regulations relating to the applicant’s organization and operations;

(e) Certificate-of-identity information on a form provided by the Office, stating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the Office;

(f) The following information, if the applicant is a partnership, shall also be included:

(1) A certified copy of the partnership certificate; and

(2) A list of the partners, including the name, residential address, and telephone number of each partner;

(g) The following information, if the applicant is a corporation, shall also be included:

(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, or his or her designee, if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;

(2) A copy of its articles of incorporation; and

(3) A list of its officers including the name, residential address, and telephone number of each officer;

(h) The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;

(i) An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;

(j) A statement by the applicant that the company, association, or fleet will not discriminate against employees or customers and will provide taxicab services throughout the District of Columbia;

(k) A listing of membership, insurance, dispatch, and rental fees where applicable;

(l) A listing of the drivers, including Face ID numbers and a list of taxicabs owned or in any way affiliated with applicant, including registration tag numbers and vehicle identification numbers; and

(m) A statement indicating that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.

507.4 The application shall include a copy of the Letter of Intent to Sale/Purchase or other evidence of the intent to sale and purchase between the parties.

507.5 The Office may, upon request, transmit a copy of the application to the company, association, or fleet that the owner or operator leaves or enters or share the fact that a request for transfer of ownership has been filed with those drivers affiliated with the company, association, or fleet.

507.6 Notice of any change in the information provided in the application for transfer approval shall be filed with the Office immediately, if the application has not yet been approved, or within five (5) business days of the change, if the application has been approved.

507.7 An application for transfer approval may be denied if:

The Certificate of Operating Authority of the company, association, or fleet is not in good standing with Commission;

Either the transferor or transferee is unable to qualify for a Clean Hands Certificate;

If the documentation presented is incomplete, incorrect, conflicting, misleading, or fraudulent; or

The company, association, or fleet fails to be in compliance with any of the licensing requirements.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3600 (June 1, 1990); as amended by Final Rulemaking published at 52 DCR 9712 (October 28, 2005); as amended by Final Rulemaking published at 59 DCR 8549, 8555 (July 20, 2012).

31 DCMR § 508 DISCRIMINATION PROHIBITED

508.1 No taxicab company, association, or fleet, or its agent, shall discriminate based upon race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, or place of residence or business.

508.2 Discriminatory conduct may include, but is not limited to the following:

Not picking up a passenger on the basis of any protected characteristic or trait, including an individual with a service animal;

Requesting that a passenger get out of a taxicab on the basis of a protected characteristic or trait;

Using derogatory or harassing language on the basis of a protected characteristic or trait; or

Refusing calls or street hails beginning or ending in specific geographic areas of the District

508.3 Discrimination based on a disability may include refusing to assist in the transportation of a person using a Service Animal or Comfort Animal because of an undocumented personal allergic reaction to animals or potential allergic reactions of future customers.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3601 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 8549, 8557 (July 20, 2012).

31 DCMR § 509 PROMPT PAYMENT TO TAXICAB OPERATORS

509.1 Except where a taxicab company and taxicab operator otherwise agree, each taxicab company that contracts with a payment service provider (PSP) for modern taximeter system (MTS) units in its associated vehicles shall pay each of its associated operators the portion of the revenue received from the PSP to which the associated operator is entitled within twenty-four (24) hours or one (1) business day of when the revenue is received by the taxicab company from the PSP.

509.2 A taxicab company shall be subject to civil fines for violations of this section as set forth in Chapter 20.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3601 (June 1, 1990); as amended by Final Rulemaking published at 52 DCR 6679 (July 15, 2005); as repealed by Final Rulemaking published at 59 DCR 8549, 8558 (July 20, 2012).as amended by Final Rulemaking published at 61 DCR 6434 (June 27, 2014) ; as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 509

31 DCMR § 510 Taxicab Companies and Associations – Operating Requirements

510.1 Each taxicab company shall report the sales tax for all taxicab rentals to DCRA, Office of Tax and Revenue or other appropriate agency.

510.2 Each taxicab company shall maintain a bona fide 24-hour customer service telephone number which is either a toll free number or a local number with a “202” area code.

510.3 Each taxicab company and association shall maintain a computerized data system capable of electronically submitting to the Office all information required by this title and other applicable law.

510.4 Not later than December 31, 2015, each taxicab company and association shall maintain a data system which allows it to track its owned and associated vehicles in real time whenever such vehicles are providing taxicab service. The system shall not be used to track in real time an independently owned vehicle that is not providing taxicab service.

510.5 Beginning September 13, 2016, each taxicab company may operate a digital taxicab solution (“DTS”), and may equip its owned and/or associated vehicles, or any other licensed taxicab, with a DTS unit. Beginning January 1, 2018, each taxicab company shall operate a DTS and shall equip each of its owned and associated vehicles with a DTS unit. Each DTS shall be approved and operated pursuant to Chapter 6, other applicable provisions of this title, other applicable laws, and any applicable administrative issuance. Each DTS unit shall be installed and operated pursuant to a written agreement. Until a taxicab company operates an approved DTS, it shall continue to provide one or more safety devices for all of its owned and associated vehicles that conforms to the equipment requirements of § 603.8 (n) (3), as specified in an administrative issuance, including a device which provides for operator safety.

510.6 Each taxicab company shall maintain a website containing only current and accurate information about the company, including, if it operates a DTS:

(a) If it uses dynamic street hail pricing: a prominent, clear, and complete disclosure of its current discount, if any, on the street hail rates and charges in Chapter 8, which shall be the same as the disclosure that appears on the passenger console of each DTS unit; and

(b) A general description of the DTS and its components, the most recent date on which the DTS was approved by the Department pursuant to Chapter 6, and a disclosure of the DTS contract terms including its pricing structure.

510.7 Not later than December 31, 2015, each taxicab company and association shall maintain the following current and accurate records, in an electronic format, for each of its owned or associated vehicles:

(a) Whether the vehicle is owned or associated;

(b) The fleet number, if any;

(d) The PVIN;

(e) The odometer reading;

(f) Whether the vehicle is wheelchair accessible; and

(g) The type of fuel used by the applicant’s vehicle.

510.8 Each taxicab company and association shall require each operator with whom it is associated to comply with § 816 (Standards of Conduct; Unlawful Activities Prohibited) and § 822 (Operation of Public Vehicles for Hire) through a lease or other written agreement.

510.9 No taxicab company or association shall seek to prevent a taxicab owner from terminating the owner’s association with the company or association, provided however, that a company or association may, as a condition for termination, require the taxicab owner to:

(a) Fulfill any outstanding contractual obligations; and

(b) Satisfy any outstanding debts or liabilities owed to a third party.

510.10 A party to a termination or proposed termination of the association of a taxicab owner and a taxicab company or taxicab association may request mediation by the Office pursuant to an administrative issuance. Mediation offered by the Office shall be voluntary and any mediation decision shall be non-binding.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8558 (July 20, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 3415 (March 20, 2015); as amended by Final Rulemaking published at 63 DCR 067 (January 1, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 510

31 DCMR § 511 FRAUD, MISREPRESENTATION, LARCENY, AND OTHER UNLAWFUL ACTIVITIES PROHIBITED

511.1 No owner, agent, or employee of a taxicab company, association, or fleet, or his or her representative or affiliate, while performing duties and responsibilities for the taxicab company, association, or fleet, shall commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny. Examples of fraud, larceny, or misrepresentation include, but are not limited to:

(a) Falsification or counterfeiting of an official document;

(b) Knowingly accepting falsified, counterfeit, or duplicated official documents;

(c) Making a false, misleading, deceptive, or materially incomplete statement, written or oral, to the Commission or a Commission representative or on an application or in a communication to the Commission or Commission representative; or

(d) Knowingly concealing or misrepresenting the true ownership of a taxicab or a taxicab company, association, or fleet.

511.2 An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not willfully perform an act of omission or commission that is against the best interest of the public, even if the act is not specifically prohibited by these rules.

511.3 An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not use or permit another person to use an office of the company, association, or fleet for an unlawful purpose.

511.4 An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not conceal evidence of a crime connected with the company, association, or fleet.

511.5 An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall report immediately to the Commission and the appropriate law enforcement authority any attempt to use any office of the company, association, or fleet for any unlawful purpose.

511.6 An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not file with the Commission a statement that he or she knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8559 (July 20, 2012).

31 DCMR § 512 BRIBERY PROHIBITED

512.1 An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall not offer or give a gift, gratuity, or thing of value to an employee, representative, or member of the Commission, or a District government employee.

512.2 An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall immediately report to the Commission and the Inspector General a request or demand for a gift, gratuity, or thing of value by an employee, representative, or member of the Commission, or a District government employee.

512.3 An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall not accept a gift, gratuity, or thing of value from an owner or operator of a vehicle licensed by the Commission, or an individual or other person actually or purportedly acting on behalf of the owner or operator in exchange for omitting an act required by this title or committing a violation of this title.

512.4 An owner, employee, agent, or representative or affiliate of a taxicab company, association, or fleet shall notify the Commission in writing no later than twenty-four (24) hours after becoming aware of any offer of a gift, gratuity, or thing of value prohibited by this section, including any prohibited gift, gratuity, or thing of value provided to or by another employee, agent, or representative or affiliate.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8560 (July 20, 2012).

31 DCMR § 513 THREATENING, HARASSING, AND ABUSIVE CONDUCT PROHIBITED

513.1 An owner, employee, agent, or representative or affiliate of a taxicab company, association, or fleet, while performing duties or responsibilities related to the operations of the taxicab company, association, or fleet, shall not:

(a) Threaten, harass, or abuse a Commission representative, District government employee, or other person; or

(b) Use or attempt to use physical force against a Commission representative, District government employee, or other person.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8560 (July 20, 2012).

31 DCMR § 514 NOTIFICATION OF CRIMINAL CONVICTION OR CHANGE IN LICENSEE INFORMATION

514.1 An owner of a taxicab company, association, or fleet; a member of a partnership that owns a taxicab company, association, or fleet; or an officer or shareholder holding more than five percent (5%) of the shares of a corporation or other entity that owns a taxicab company, association, or fleet, shall:

(a) Notify the Commission in writing of his or her conviction for a crime no later than fifteen (15) days after the conviction; and

(b) Deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court no later than fifteen (15) days after the conviction.

514.2 In accordance with § 507.6, an owner of a taxicab company, association, or fleet shall notify the Commission of a material change in the information contained on the most recent license or renewal application of the taxicab company, association, or fleet, no later than five (5) business days after such change.

514.3 An owner, employee, agent, or representative of a taxicab company, association, or fleet or a person acting on his or her behalf, shall notify the Commission in writing of the arrest of a taxicab operator who is employed by or in affiliation or association with the taxicab company, association, or fleet, no later than fifteen (15) days after knowledge of the arrest.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8561 (July 20, 2012).

31 DCMR § 515 NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION

515.1 An owner, employee, agent, or representative of a taxicab company, association, or fleet or another person acting on the owner’s behalf shall notify the Commission in writing no later than ten (10) business days after the suspension or revocation of a license, permit, certificate, or authority granted to the licensee by an agency of the District of Columbia, Maryland, Virginia, or federal government.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8561 (July 20, 2012).

31 DCMR § 516 COMPANIES, ASSOCIATIONS, AND FLEETS – HOURS OF OPERATION AND STREET PARKING OF TAXICABS

516.1 Each company, association, and fleet shall post the hours of operation of any building or property it owns, leases, or uses in the District for its taxicab business (“taxicab business property”). The hours of operation shall be visible to the public from the outside of the building or, if the building or property is enclosed by a fence, from outside the perimeter of the fenced-in area.

516.2 Each company, association, and fleet shall prohibit the parking of taxicabs on any public street in front of, alongside, or in the rear of any taxicab business property as follows:

(a) Parking outside of the posted hours of operation of the taxicab business property shall be prohibited; and

(b) Parking during the posted hours of the taxicab business property shall be prohibited unless the operator of the taxicab is carrying on business at the taxicab business property and only for so long as the operator is carrying on such business.

516.3 If a company, association, or fleet acquires space for long-term parking, it shall provide notification to the Office within thirty (30) days after the acquisition. The notification shall also be provided with each application for renewal of the operating authority of the company, association, or fleet pursuant to § 501.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8561 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 8520 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 516

31 DCMR § 517 LIABILITY FOR CONDUCT OF ASSOCIATED PERSONS

517.1 For purposes of enforcement of and compliance with this title, each taxicab company and association shall be responsible for the conduct of its employees, contractors, agents, associated operators (where applicable), and associated owners (where applicable). The conduct for which each taxicab company and association shall be responsible includes ensuring that taxicabs are operated:

(a) With the licenses required by this title and other applicable law;

(b) With the insurance required by this title and other applicable law;

In a safe and lawful manner; and

By an operator who is not impaired by lawful or unlawful intoxicants.

History

SOURCE: Final Rulemaking published at 59 DCR 8549, 8562 (July 20, 2012); as amended by Final Rulemaking published at 63 DCR 3745 (March 11, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 517

31 DCMR § 518 PENALTY

518.1 A violation of this chapter shall be subject to:

(a) The civil fines as set forth in Chapter 20 of this title;

(b) Impoundment of the vehicle pursuant to the provisions of the Impoundment Act as defined in Chapter 99;

(d) Any combination of the sanctions, fines, or enforcement action under this title.

518.2 [REPEALED].

518.3 [REPEALED].

History

SOURCE: Final Rulemaking published at 59 DCR 8549 (July 20, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 518

31 DCMR § 519 ENFORCEMENT OF THIS CHAPTER

519.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 519

31 DCMR § 599 [REPEALED]

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3602 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 599

31-6 TAXICAB PARTS AND EQUIPMENT

31 DCMR § 600 APPLICATION AND SCOPE

600.1 This chapter shall be applicable to and governs parts and equipment of taxicabs licensed in the District of Columbia (District).

600.2 No motor vehicle shall be operated as a taxicab in the District without the prior approval of the Commission.

600.3 Each motor vehicle licensed as a public vehicle for hire in the District shall comply with the regulations governing the equipment requirements, inspection of passenger vehicles for hire and standards established by the Commission.

600.4 [RESERVED]

600.5 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

600.6 If, at the time of a violation, the procedures in Chapter 7 do not extend in their terms to a person regulated by this chapter, violations of this chapter shall be enforced as if such person were a taxicab owner or operator.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3603 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 8564, 8565 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 1173 (February 1, 2013); as amended by Final Rulemaking published at 60 DCR 10994 (July 26, 2013); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 600

31 DCMR § 601 PARTS AND EQUIPMENT

601.1 Each taxicab licensed under D.C. Official Code § 47-2829(d) (2005 Repl.; 2011 Supp.)) shall be a sedan, compact or midsize sport utility vehicle (as defined in Subsection 601.1B), station wagon, or minivan and shall be equipped with at least two (2) rear doors in addition to the door or doors which give access to the driver’s seat. All passenger doors shall be so constructed that they will remain securely fastened during normal operation, but may be readily opened by a passenger in case of emergency. A minivan shall accommodate at least five (5) passengers and a taxicab operator. Passenger capacity in all vehicles shall not exceed seat belt capacity of that vehicle.

601.1A [REPEALED]

601.1B For the purposes of this section, a compact or midsize sport utility vehicle means a sport utility vehicle designated by the manufacturer as compact or midsize or a sport utility vehicle weighing five thousand pounds (5,000 lbs.) or less according to manufacturer specifications.

601.2 Each taxicab shall be of good substantial appearance and be so constructed and maintained as to provide for the safety of the public and for continuous and satisfactory operation, and to reduce to a minimum noise and vibration caused by that operation.

601.3 Each taxicab shall be structurally sound as to all of its parts, shall not have broken or cracked glass, or damaged fenders, doors or parts, and shall be painted to give reasonable protection to all painted surfaces from structural deterioration. All identifying marks on taxicabs shall be clearly visible at all times.

601.4 The rear seat(s) of every taxicab shall be vinyl, leather or covered with plastic. The front seats of every taxicab may be covered in any material of the taxicab owner's choice.

601.5 Any floor mat added to a taxicab to protect or replace carpet shall be nonabsorbent and washable.

601.6 No taxicab shall be equipped with shades or curtains which can be manipulated in a way as to shield the occupants or driver from observation from outside the vehicle. No taxicab shall be equipped with any after market (film) tint to darken the front and rear windshields and windows.

601.7 Each taxicab in service shall be equipped with a speedometer and odometer properly installed, maintained in good working order, and exposed to view. No taxicab shall be used in taxicab service while its speedometer or odometer is not working properly or is disconnected.

601.8 Each taxicab shall be equipped with a light capable of illuminating the interior of each taxicab and controlled by the operation of the doors or manually controlled by the driver.

601.9 [REPEALED]

601.10 [REPEALED]

601.11 [REPEALED]

601.12 [REPEALED]

601.13 A taxicab may be equipped with a factory installed vinyl or cloth roof provided the color of the roof is consistent with the Commission approved color scheme.

601.14 All taxicab vehicles licensed in the District of Columbia shall be equipped with a properly working heating system during the period of October 16th through May 14th.

601.15 All taxicab vehicles licensed in the District of Columbia shall be equipped with a properly working air conditioner system during the period of May 15th to October 15th.

601.16 All taxicabs on public streets or public space shall be properly equipped with either four (4) hubcaps, four (4) wheel covers, four (4) chrome wheels with small hubcaps, or four (4) mag wheels, with exposed lug nuts properly sealed.

601.17 A taxicab operator may carry a trunk tote in the trunk of the taxicab to carry necessities for emergencies that include, but are not limited to fluids, jumper cables, paper towels, gloves, flashlights, maps, flares, and essential tools. The tote shall not be larger that 20"L x 10"W x 11"H. It shall be of heavy water proof material that includes, but is not limited to plastic, leather or vinyl, having a zipper or Velcro fastener for closing. It may have side pockets to carry maps or a manifest. The trunk tote shall not contain the following items: gasoline, kerosene, diesel fuel, and opened containers of fluids.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3603 (June 1, 1990); as amended by Final Rulemaking published at 43 DCR 6959 (December 27, 1996); as amended by Final Rulemaking published at 45 DCR 8866, 8867 (December 11, 1998); and by Final Rulemaking published at 47 DCR 4702(a), 4702(a) - 4702(c) (June 2, 2000); and by Final Rulemaking published at 48 DCR 11353 (December 14, 2001); as amended by Final Rulemaking published at 52 DCR 2459(March 11, 2005); as amended by Final Rulemaking published at 52 DCR 1317(February 11, 2005); as amended by Final Rulemaking published at 50 DCR 5577(July 11, 2003); as amended by Final Rulemaking published at 50 DCR 2868(April 11, 2003); as amended by Final Rulemaking published at 57 DCR 2960 (April 2, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 2688 (March 25, 2011); as amended by Final Rulemaking published at 59 DCR 8564, 8565 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 1173 (February 1, 2013).

31 DCMR § 602 TAXIMETERS AND DIGITAL TAXICAB SOLUTIONS

602.1 Beginning September 13, 2016, no legacy (non-digital) taximeters shall be approved by the Department.

602.2 Beginning September 1, 2017, a taxicab may use either an MTS unit or a DTS unit.

602.3 Beginning January 1, 2018:

(a) The Department shall approve only DTSs, each of which shall incorporate a digital taximeter;

(b) The approval of each legacy taximeter shall terminate; and

(c) No person shall participate in dispatching or otherwise providing taxicab service if the service is provided without an approved DTS or approved digital taximeter and registered OPT.

602.4 Each DTS shall be provided and maintained by a taxicab company, or by the D.C. Taxicab Industry Co-op (“Co-op”) (collectively for purposes of this section, “provider”). Each DTS shall comply with the technology and service requirements of this section. The Co-op shall seek approval of its DTS not later than six months following its registration as a DDS.

602.5 Each DTS shall have one digital taximeter and one or more OPT (payment processor) as selected by the DTS provider, provided however, that if the Department makes a digital taximeter available to the industry free of charge, then each DTS provider shall incorporate such digital taximeter into its DTS within ninety (90) days of its availability, or such longer period as set by administrative issuance, provided however, that each DTS provider may in lieu thereof incorporate any other digital taximeter that meets or exceeds the performance and features of the Department’s digital meter; and provided further that each OPT shall be registered with the Department.

602.6 The Department may issue an administrative issuance concerning DTSs, digital meters, and OPTs, in order to:

(a) Establish requirements for when approval or renewal of approval is required, including establishing uniform approval periods of not less than twelve (12) months; establishing an annual DTS open season during which DTS providers approved for the next uniform approval period may compete for customers during such period; establishing an annual deadline by which DTSs must apply for approval or renewal in order to be approved for the next uniform approval period and to participate in the next DTS open season, or otherwise be considered only for approval during the uniform approval period starting one (1) year after the next uniform approval period; and establishing standards from when re-approval is required due to a material modification of a DTS during an approval period;

(b) Interpret and provide guidance about DTS technology and service requirements;

(d) Establish reasonable requirements for the use, operation, configuration, placement, and installation of DTS units and their components, such as requirements for accessibility and use by disabled passengers including visually-impaired and blind customers, which shall be in full compliance with federal law including but not limited to Section 508 of the Rehabilitation Act, 29 U.S.C. § 794 (d);

(e) Establish reasonable requirements concerning the use of dynamic street hail pricing, including the placement of signs in and/or on vehicles to inform passengers about such pricing;

(f) Establish reasonable requirements concerning the requirements for separate mechanisms for the operator and the passenger to discreetly summon assistance;

(g) Interpret and provide guidance on the requirements for a digital taximeter to meet or exceed the performance and features of the Department’s digital meter made available to the industry for free, if applicable.

(h) Interpret and provide guidance on the requirements for a payment card processor that a DTS provider seeks to use to process payments;

(i) Provide guidance on the technical and other reasonable requirements for the registration of an OPT;

(j) Provide guidance for independent owners who choose to operate without affiliating with a DTS provider;

(k) Establish other reasonable requirements for DTSs and DTS units related to safety, passenger privacy, consumer protection, compliance with any other applicable law, and other reasonable purposes within the jurisdiction of the Department; or

(l) Take any action with respect to achieving PCI compliance, as measured or determined by the PCI Security Standards Council.

602.7 The legality or wisdom of any administrative issuance promulgated pursuant to this section may be challenged in any administrative proceeding where the Department seeks to rely on such administrative issuance.

602.8 The approval of a DTS may be suspended or revoked, and a renewed approval may be denied, in addition to other civil penalties under this title, if the DTS provider fails to comply with an applicable administrative issuance, provided that the DTS provider shall have the opportunity to challenge the legality or wisdom of any or all provisions of the relevant administrative issuance or issuances in an administrative hearing.

602.9 Each application for the approval of a DTS shall be executed by an individual with authority to file the application, and shall contain the following information and documentation:

Contact information for the applicant, including name, telephone number, email, and website URL;

Information and documentation about each component of the DTS unit, including its digital meter, driver console, passenger console, and credit card processing device, and how it interacts with the vehicle’s dome light or innovation cruising light, including a narrative, photographs, and screenshots for each component;

Information and documentation showing the DTS complies with all service and technology requirements of this section, other requirements of this title, the Establishment Act, and other applicable laws;

A certification that the applicant owns the rights to, or holds a license to use, all the intellectual property that comprises the DTS other than intellectual property required by this section to be used in connection with a digital meter, or an arrangement with a payment card processor, made available by the Department;

Information showing the applicant is in good standing with the Department and is in compliance with all applicable laws pertaining to its business, including without limitation the Clean Hands Act;

Information demonstrating that the applicant will collect from the passenger and pay to the District the taxicab passenger surcharge of fifty cents ($0.50);

A sample of each agreement with owners and operators used by the applicant;

An explanation of the provider’s pricing structure, and whether the provider expects to offer dynamic street hail pricing; and

A certification that the DTS is fully integrated with the DC TaxiApp, as required by this section, Chapter 16, and any applicable administrative issuance, and the names of any other apps with which the DTS is also integrated.

602.10 Each application shall be accompanied by a filing fee of two thousand five hundred dollars ($2,500), regardless of whether: it is a new or renewal application; or it seeks re-approval of a DTS due to its material modification by its provider during an approval period.

602.11 Each application for the approval of a DTS shall be accompanied by a bond, naming the District as obligee, to secure the payment of the passenger surcharges owed to the District under this title and the Establishment Act during the current approval period. Such bond(s) shall:

(a) Be in effect throughout the current approval period to which the approval applies and for one (1) year thereafter; and

(b) Be in the amount of one hundred fifty thousand dollars ($150,000).

602.12 An application may be denied if it contains or was submitted with materially false information provided orally or in writing for the purpose of inducing approval.

602.13 An applicant seeking to renew the approval of a DTS shall meet all requirements for a new approval, or such portion thereof, as the Department may require by administrative issuance.

602.14 The Department shall issue all decisions to grant or deny the approval of a DTS within the period established in an administrative issuance.

602.15 Each approval of a DTS shall be for the duration of the uniform approval period set forth in an administrative issuance, or the remainder of the current period, whichever is less.

602.16 Each DTS provider shall execute contracts with operators that are no longer than the license period for which they are granted operating authority, and DTSs must allow operators to switch to another DTS provider during an annual DTS open season as that term is defined in an administrative issuance, without penalty.

602.17 Technology requirements for DTS units. Each DTS unit shall:

(a) Operate in a manner which ensures the vehicle owner and operator, and the DTS provider, are able to comply with all requirements of this title and other applicable laws, and all applicable administrative issuances;

(b) Use open architecture, open application program interfaces, and a modular design, to ensure proper interaction among:

(1) A driver console incorporating a digital taximeter that—

(A) Is fully integrated with the DC TaxiApp and, at the option of the provider, the app of any other DDS registered and operated as required by this title and other applicable laws;

(B) Processes shared and group rides, calculates fares (including dynamic street hail prices, if offered by the provider), and provides receipts as required by Chapter 8;

(C) Provides the Department with real-time trip and location data when the operator is on duty, and such other information as reasonably required by an administrative issuance;

(D) Is linked electronically, or via a DFHV network, API, integration hub, website, mobile app, URL, or hardware, to one or more registered digital dispatch services, including at a minimum, full integration with the DC TaxiApp, for the purpose of receiving ehails and allowing ehail passengers to choose in-vehicle or digital payments; and

(E) Provides the operator and District enforcement officials with the ability to view the vehicle’s electronic manifest as required by § 823 for the prior forty-eight (48) hours, and maintains all manifest records for at least two (2) years.

(2) A passenger console;

(3) A credit card processing device;

(4) Any other device the provider wishes to include that does not impair the required function and performance of the DTS; and

(5) Complies with all other applicable requirements of this title and other applicable laws, and any applicable administrative issuance;

(c) Interact with the vehicle’s legacy dome light or cruising light to properly control its functions in the manner required by this chapter.

(d) Be integrated with two or more registered OPTs at the time of renewal of the DTS’ operating authority.

(e) Bear the costs of integrating with any OPTs beyond the initial two with which it is integrated.

602.18 Service requirements for DTSs. Each DTS provider shall:

(a) Ensure that each of its DTS units is in compliance with the technology and other requirements of this title and other applicable laws, including proper operation and connectivity with a cruising light or legacy dome light;

(b) Comply with the following requirements for the taxicab passenger surcharge. It shall:

(1) Collect the surcharge as an authorized additional charge under Chapter 8;

(2) Remit to the District, at the end of each month, a payment to the D.C. Treasurer reflecting all surcharges owed to the District for such period based on the number of trips during such period, regardless of whether or not the surcharge was actually collected from the passenger;

(3) Transmit to the Department a report certifying its payment to the District, and containing a basis for the amount of the payment and such other information reasonably related to the payment as may be required by an administrative issuance; and

(4) Cooperate with the Department to resolve any issue related to compliance with this subsection, including a discrepancy in the amount of a payment. If the issue remains unresolved to the satisfaction of the Department within thirty (30) days following notice of the issue to the payer, the Department shall have discretion to make a claim against the payer’s surcharge bond, as necessary and appropriate to satisfy the amount of the discrepancy. A surcharge bond shall be returned to the payee within thirty (30) days following the expiration of the bond, or, upon written request of the payer, at an earlier date if the payer establishes to the satisfaction of the Department that the payer’s obligations under this section have been fully discharged;

(c) Pay each owner or operator with which it is associated the portion of its revenue to which such owner or operator is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received, provided however, that such periods may be extended to not more than one (1) calendar week or five (5) business days if such terms are clearly and transparently disclosed in the contract; and

(d) Pay all costs and fees related to the DTS, including without limitation, the costs for development, improvement, installation, maintenance, service, support, and legal compliance, provided however, that such costs may be allocated pursuant to a written agreement that clearly and transparently discloses each and every cost, and does not exceed the length of the approval period. No person other than the provider shall pay a cost or fee related to a DTS which has not been fully disclosed in the manner required by this subsection.

602.19 Each payment processor seeking to register with DFHV as a OPT provider shall submit a completed registration application which will be available online.

602.20 Each OPT shall be capable of working or operating with one or more approved digital meters for trip data and surcharge collection and OPT hardware shall be PCI compliant as determined by the PCI Security Standards Council.

602.21 Each OPT shall have an open API beginning January 1, 2018, which shall be published on its website.

602.22 The approval of a DTS may be suspended or revoked if its provider integrates with or uses the app of a DDS not registered or operated as required by this title and other applicable laws.

602.23 A taxicab equipped to provide taxicab service using a DTS unit shall use the DTS unit for each and every trip.

602.24 No taxicab shall be equipped with or use more than one taximeter (analog or digital), more than one DTS unit, or both an MTS unit and a DTS unit.

602.25 An operator shall not pick up or transport a passenger unless the taxicab and its DTS unit are functioning properly and the DTS unit is able to provide receipts.

602.26 Each approved DTS and each approved taximeter shall be listed on the Department’s website.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3604 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 8564, 8565 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013);as amended by Final Rulemaking published at 61 DCR 6439 (June 27, 2014); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 71 DCR 009638 (August 2, 2024). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 602

31 DCMR § 603 MODERN TAXIMETER SYSTEMS

603.1 A modern taximeter system (MTS) is a complete technology solution for taxicab metering and payment that pairs the equipment of § 603.8 with the service and support of § 603.9. Taxicab companies and independent owners shall obtain MTS units from the payment service providers (PSPs) whose MTSs have been approved by the Office under Chapter 4 of this title.

603.2 MTS implementation. Beginning on September 1, 2013 (“implementation date”):

(a) Each taxicab shall operate only with an MTS unit that allows a passenger to make a cash payment or cashless payment, which shall be the decision of the passenger;

(b) Each MTS unit shall be obtained from a PSP that has current approval for the MTS and is operating in compliance with this section and Chapter 4;

(c) Each MTS unit, including the passenger console and safety feature required by § 603.8(n), shall be installed by an authorized MTS installation business which certifies that it meets the applicable provisions of this title;

(d) Each taxicab company, independent owner, or taxicab operator, may receive dispatches and provide digital payment to passengers as provided by § 603.4; and

(e) The taxicab passenger surcharge shall be collected from the passenger and paid by the PSP to the Office for each taxicab trip, regardless of how the fare is paid.

603.3 A list of approved MTSs and authorized MTS installation businesses shall be posted on the Commission’s website by the effective date of this rulemaking.

603.4 Dispatch services. Each taxicab company, independent owner, or operator may associate with one or more dispatch services to receive telephone or digital dispatches, provided the DDS used is in compliance with Chapter 16 and all other applicable requirements of this title and other applicable laws. Each taxicab company and independent owner may associate with one or more digital dispatch services to provide digital payment, provided the digital dispatch service is in compliance with Chapters 4, 8, and 16. It shall be the responsibility of each taxicab company and independent owner to report to the Office any occasion when they have personally observed a PSP or DDS failing or refusing to comply with the integration requirements of Chapter 4 for the processing of digital payments.

603.5 Installation, certification, training, and inspection.

(a) Each taxicab company and individual owner shall have an approved MTS unit (and each component required by § 603.8 as of the installation date set forth therein) installed in each of its vehicles, and certified in a meter calibration report as meeting all the applicable requirements of this title including integrating with or replacing the vehicle’s taximeter, by the implementation date.

(b) Each installation and certification required by § 603.5(a) shall be conducted by an authorized MTS installation business, including the installation and certification of the passenger console and safety feature required by § 603.8(n).

(c) Each taxicab company, individual owner, and operator shall obtain any necessary training on the use of the MTS unit by the implementation date.

(d) Each vehicle’s MTS unit shall be tested as part of the periodic vehicle inspection required by this title.

603.6 All costs associated with obtaining an MTS unit, including installation and certification (including those associated with adding the passenger console and safety feature required by § 603.8(n)), operation, compliance with a provision of this title or other applicable law, compliance with an Office order, repair, lease, service and support, maintenance, and upgrade, shall be the responsibility of the taxicab company or independent owner, but may be allocated by written agreement among the taxicab company or independent owner, the PSP that provides it, or any other person.

603.7 Nothing in this section shall be construed to solicit or create a contractual relationship between the District of Columbia and any person.

603.8 MTS equipment requirements.

Each MTS shall consist of a reasonable combination of fixed or mobile hardware components, such as a Bluetooth-enabled smartphone, mobile data terminal, or tablet, with an attached or integrated payment card reader, and printer, and shall:

(a) Operate only in a manner that allows the PSP to meet the service and support requirements of § 603.9 and the operating requirements of Chapter 4;

(b) Allow a passenger to select the payment method, including a cash payment or a cashless payment (among the forms of cashless payment the PSP is approved to provide under Chapter 4);

(d) Not allow a person to be charged any amount through the MTS unit other than a taximeter fare;

(e) Use a wireless 3G or better cellular data connection;

(f) Use a high-sensitivity global positioning satellite receiver that provides failover geo-coding from mobile wireless networks;

(g) Record all trips made by the vehicle;

(h) Not store, or allow the operator to have access to, the passenger’s payment card information after payment authorization has been issued;

(i) Have only one (1) physical access-point if wired to the taximeter, and allow no more than the number of Bluetooth connections necessary to meet MTS requirements, if connected wirelessly to the taximeter;

(j) Prevent the MTS unit from being used when any of its components are not operating as required by a provision of this title;

(k) Provide the passenger with a receipt that complies with § 803;

(l) Not use, incorporate, or connect to hardware available for personal use by the owner or operator of the vehicle unless the PSP demonstrates to the satisfaction of the Office that such use, incorporation, or connection does not pose a risk to passenger safety or privacy, or information security;

(m) Use, incorporate, or connect only to technology that meets Open Web Application Security Project (“OWASP”) security guidelines, that complies with the current standards of the PCI Security Standards Council (“Council”) for payment card data security, if such standards exist, and, if not, then with the current guidelines of the Council for payment card data security, and, that, for direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association; and

(n) Not later than December 1, 2013, the MTS shall include a passenger console that shall:

(1) Have a display of not less than seven (7) inches and not more than twelve (12) inches in size, and is securely connected to the front seat or to a mount at shoulder height midway between the sides of the vehicle, or in such similar location in the passenger area as may be required for passenger safety;

(2) Comply with Section 508, and with the electronic and information technology (“EIT”) requirements of Section 504, of the Rehabilitation Act of 1973, and allows a visually impaired or mobility disabled passenger to independently complete the fare payment process without giving a payment card to the operator, through such mechanisms as braille print, audio prompting, input controls with tactile feedback for each function, numeric keys, and contrasting backgrounds;

(3) Not later than June 1, 2014, include a safety feature that shall:

(A) Be triggered by a physical button or prominent screen icon;

(B) Be available at all times when a passenger is inside the vehicle;

(C) Send a real-time notification to the Office of Unified Communications that a taxicab passenger is reporting a threat to his or her safety;

(D) Be operated discreetly and without interference by the operator; and

(E) Incorporate features to prevent accidental or intentional misuse.

(4) Display the following information in the following manner:

(A) When the MTS is engaged (at flag drop), the passenger console shall display for a period of not less than twenty (20) seconds or such other period as directed by the Office, a full-size image of the operator’s DCTC identification card (Face ID), accompanied by a message as directed by the Office;

(B) After the period required by § 603.8(n)(4)(A), the image of the identification card shall be minimized to an icon in the upper left-hand corner of the screen with the label “TOUCH HERE FOR DRIVER’S I.D.”, which the passenger shall be able to maximize at any time prior to exiting the vehicle;

(C) After the period required by § 603.8(n)(4)(A), the following audio-visual content shall be displayed in such sequence as the PSP may determine, provided, however, that the passenger shall be able to turn off the sound at any time prior to exiting the vehicle:

(i) A public service announcement as provided and directed by the Office;

(ii) The navigational path of the vehicle;

(iii) Advertising, if agreed to by the vehicle owner and the PSP, from which not less than thirty (30) percent of the net revenue shall be paid to the vehicle owner; and

(D) At the conclusion of the trip, an itemization of the rates and charges under § 801.7 shall be displayed and the passenger may be asked for a gratuity, after which the fare shall be displayed, and the passenger shall be given an opportunity to choose a cash or cashless payment, and to process such payment as required by this subsection.

(o) Each MTS shall allow the passenger to rate the ride experience through the rear console in a manner set forth in an administrative issuance.

603.9 MTS service and support requirements.

Each MTS shall function with the service and support of the PSP, which shall at all times operate in compliance with Chapter 4, and shall maintain a data connection to each MTS unit that shall:

(a) Validate the status of the operator’s DCTC license (Face Card) in real time by connecting to the Taxicab Commission Information System (TCIS) through a required login process to ensure the license is not revoked or suspended, and that the operator is in compliance with the insurance requirements of Chapter 9;

(b) Validate the status of the taximeter component of the MTS unit (such as hired, vacant, or time-off) in real-time to ensure that it cannot be used until the prior trip and the payment process connected with it have ended;

(c) Transmit to the TCIS every twenty-four (24) hours via a single data feed consistent in structure across all PSPs, in a manner and format established by the Office, the following data:

(1) The operator’s DCTC operator’s license (face card) number;

(2) The vehicle’s PVIN;

(3) The vehicle’s tag (license plate) number;

(4) The vehicle’s vehicle identification Number (VIN);

(5) The name of the PSP;

(6) The name and association of the vehicle owner and related information reported as follows:

(A) The word “independent” if the vehicle is owned by the operator and not associated with a taxicab association or with a fleet of a taxicab company;

(B) The name of the taxicab association or fleet if the vehicle is owned by the operator and associated with a taxicab association or with a fleet of a taxicab company; or

(7) The PSP-assigned tour of duty identification number;

(8) The date and time when the operator completed the required login process pursuant to Subsection 603.9(a) at the beginning of the tour of duty;

(9) The time (duration) and mileage of each trip;

(10) The date and time of pickup and drop-off of each trip;

(11) The address and/or geospatially-recorded place of pickup and drop-off of each trip;

(12) The number of passengers;

(13) The unique trip identification number assigned by the PSP;

(14) The taximeter fare and an itemization of the rates and charges pursuant to § 801;

(15) The form of payment (cash payment, cashless payment, voucher, or digital payment), the payment method, and, if a digital payment, the name of the DDS;

(16) The date and time of logoff at the end of the tour of duty;

(17) The date and time that the data transmission to the TCIS takes place;

(18) The date on which the vehicle’s insurance policy expires;

(19) The vehicle’s odometer reading;

(20) The vehicle’s type of propulsion according to § 609;

(21) The vehicle’s taximeter brand and model;

(22) An acknowledgment that the vehicle’s MTS unit incorporates the safety equipment required by § 603.8(n)(3); and

(23) If applicable, all additional trip data required by the Office for a vehicle performing a trip in the Coordinated Alternative Paratransit Service (“CAPS-DC”) pilot program under Chapter 18.

(d) Provide the Office with all information necessary to ensure that the PSP pays the taxicab passenger surcharge for each taxicab trip and that the District receives required data pursuant to Subsection 603.9, regardless of how the fare is paid, including:

(1) Weekly surcharge reports (due every Monday by the close of business (COB));

(2) Weekly vehicle installation and inventory reports (consistent with the requirements of Subsection 408.14 (due every Friday COB);

(3) Weekly TCIS trip rejected reports;

(4) Weekly non-payment drivers lists;

(5) Weekly detailed trip records, including driver’s information upon request of the Office; and

(6) Any other reports as may be required by the Office for purposes consistent with this section.

(e) Allow the PSP to comply with the integration and other requirements for processing digital payments pursuant to § 408.16.

603.10 Prohibitions under this section.

(a) No operator shall provide taxicab service without an approved MTS unit installed and certified by an authorized MTS installation business.

(b) No operator shall operate a vehicle if the MTS unit is not functioning properly.

(c) No operator shall provide service unless both the operator and the vehicle are on the PSP’s inventory when the trip is booked by dispatch or street hail.

(d) No operator shall limit service or refuse to provide service based on the passenger’s choice of payment method.

(e) No operator shall access or attempt to access a passenger’s payment card information after the payment has been processed.

(f) No operator shall participate in a transaction involving taxicab service in the District where the fare, rates, charges, or payment does not comply with the applicable provisions of this title, including this chapter, and §§ 603 and 801.

(g) No operator shall associate with a PSP if such operator is, at that time, associated with a taxicab company that provides payment card processing for its associated operators, and has applied for or received approval to act as a PSP under Chapter 4.

(h) No taxicab shall be equipped with more than one (1) MTS unit.

(i) No taxicab company or independent owner shall knowingly permit its vehicle to be operated in violation of this section or Chapter 4.

(j) No owner or operator shall alter or tamper with a component of an MTS unit or make any change in the vehicle that prevents the MTS unit from operating in compliance with this title.

(k) No operator shall operate a taxicab in which the MTS has been tampered with, broken, or altered. The operation of a taxicab with a tampered, broken, or altered MTS shall give rise to a rebuttable presumption that the operator knew of the tampering, breaking, or alteration.

603.11 Notwithstanding any other provision of this title, no MTS or MTS unit shall be operated or used after December 31, 2017.

History

SOURCE: Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10994 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 3832 (April 11, 2014); as amended by Final Rulemaking published at 61 DCR 6439 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 9267 (July 3, 2015); as amended by Final Rulemaking published at 63 DCR 13490 (October 28, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 603

31 DCMR § 604 SPECIALLY-EQUIPPED TAXICAB VEHICLES

604.1 Specially-equipped vehicles, including but not limited to wheelchair accessible vehicles, may be approved by the Commission to operate as taxicabs to transport persons with physical or medical disabilities.

604.2 An application for authorization to place a specially-equipped vehicle in service as a taxicab shall be made on a form provided by the Office of Taxicabs, and shall contain a sworn and notarized statement from the applicant that the information contained in the application is true under penalty of perjury and that the applicant is in compliance with the clean hands requirements of D.C. Official Code § 47-2829(a) (2005 Repl.; 2011 Supp.).

604.3 In addition to the vehicle information required in chapter 5 of this title, an applicant to place a specially-equipped vehicle in service as a taxicab shall provide the following information for each vehicle to be registered as a specially-equipped taxicab vehicle:

(a) A statement that the vehicle complies with the standards within Title II of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 338; 42 USC §§ 12131-12134) (ADA), and the applicable Federal Motor Vehicle Safety Standards for this type of vehicle;

(b) A list of the types of physical or medical disabilities that can be accommodated by this vehicle; and

(c) Verification that the applicant has applied for and is pre-approved for insurance applicable to the operation of a specially-equipped taxicab vehicle in the District of Columbia.

604.4 The permit fee for the registration of a specially-equipped taxicab shall be the same as the permit fee for the registration of a taxicab vehicle.

History

SOURCE: Final Rulemaking published at 41 DCR 1715 (April 1, 1994); as amended by Final Rulemaking published at 59 DCR 8564, 8570 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 7007 (May 17, 2013).

31 DCMR § 605 DOME LIGHTS AND TAXI NUMBERING SYSTEM

605.1 Each taxicab in service on September 13, 2016, and each vehicle introduced as a replacement vehicle under § 609, may continue to be equipped with an existing legacy dome light or may be equipped with a cruising light, at the option of the owner, subject to the requirements of this section. Each legacy dome light shall continue to be subject to the legacy dome light regulations to the extent such regulations do not conflict with this section, provided however, that each legacy dome light shall interact with a DTS and otherwise operate as required by this chapter and any applicable administrative issuance if a DTS is installed in the vehicle.

605.2 Beginning November 13, 2016, or such later date established by an administrative issuance, each vehicle placed into service other than as a replacement vehicle under § 609, shall be equipped only with a cruising light approved by the Department pursuant to this section, which interacts with the MTS or DTS and otherwise operates as required by this title and any applicable administrative issuance.

605.3 Each approved DTS provider shall be responsible for ensuring the interconnectivity and proper functioning of a DTS unit and the legacy dome light or cruising light.

605.4 The Department may approve as a cruising light any light which—

(a) Shall be constructed in a manner that meets or exceeds industry best practices;

(b) Shall display the vehicle’s PVIN;

(d) Shall interact with the vehicle’s legacy taximeter or DTS as required by this chapter;

(e) May incorporate features to indicate that the taxicab is an autonomous or semi-autonomous vehicle; and

(f) May incorporate features to indicate that the operator is engaged in delivering goods or performing services.

605.5 The Department may issue an administrative issuance which:

(a) Approves one or more products meeting the requirements for a cruising light under this section;

(b) Provides guidance to DTS providers for installing cruising lights and ensuring their proper operation with DTS units;

(d) Provides guidance to owners about the transfer of legacy dome lights from vehicles already in service to replacement vehicles, and about the decommissioning of legacy dome lights, where required by this section; and

(e) Establishes additional criteria for the appearance, functionality, connectivity, and installation of the cruising light, for safety, consumer protection, and other reasonable purposes within the jurisdiction of the Department.

605.6 A legacy dome light shall not be used on a vehicle placed into service unless the vehicle is replacing one already in service. An owner may elect to transfer a legacy dome light to a replacement vehicle at the owner’s expense.

605.7 At the time a vehicle equipped with a legacy dome light is retired from service, if the light is not transferred to a replacement vehicle, it shall be decommissioned by the deadline and in the manner required by an administrative issuance; an owner that fails to comply with such administrative issuance shall be subject to the suspension of the owner’s vehicle license and/or other civil penalties for the violation of such administrative issuance; provided that the DTS provider or owner shall have the opportunity to challenge the legality or wisdom of any or all provisions of the relevant administrative issuance or issuances in an administrative hearing.

605.8 No taxicab shall be operated without a properly functioning legacy dome light or cruising light. The operation of a taxicab without a properly functioning legacy dome light or cruising light, as required or permitted by this title, shall give rise to a rebuttable presumption that the operator knew the condition of the light and operated the taxicab with such knowledge.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3605 (June 1, 1990); as amended by § 3 of the Taxicab Commercial Advertising Amendment Act of 1992, D.C. Law 9-218, 40 DCR 556, 557 (January 22, 1993); by Final Rulemaking published at 45 DCR 8866, 8867 (December 11, 1998); as amended by Final Rulemaking published at 59 DCR 8564, 8570 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 1173 (February 1, 2013); as amended by Final Rulemaking published at 61 DCR 6439 (June 27, 2014); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 605

31 DCMR § 606 LOCKED SAFE

606.1 A taxicab may be equipped with a locked safe mounted on the floorboard next to the driver, and if so equipped, the taxicab may display a decal on the right rear door or fender consisting of letters not more than three inches (3 in.) stating: "This driver protected by a locked safe."

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3606 (June 1, 1990).

31 DCMR § 607 SEAT BELT USE

607.1 Pursuant to section 3(a) and (b)(4) of the Mandatory Use of Seat Belt Act of 1985 (Seat Belt Act), effective December 12, 1985 (D.C. Law 6-73; D.C. Official Code § 50-1802(a) and (b)(4) (2009 Repl.)), all drivers and passengers in a motor vehicle being operated in the District of Columbia must wear a seat belt. However, operators of taxicabs are exempt from this requirement when operating for hire between the hours of 6:00 p.m. and 6:00 a.m.

607.2 Pursuant to section 7(f) of the Seat Belt Act, D.C. Official Code § 50-1806(f) (2009 Repl.), operators of public vehicles for hire are NOT responsible for ensuring that passengers comply with the seat belt requirement.

607.3 All public vehicles for hire shall have operating seat belts for each passenger and display a sign which states the following:

“District of Columbia law requires mandatory use of seat belts. A fifty dollar ($50) fine applies for violations.”

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3606 (June 1, 1990); as amended by § 3 of the Mandatory Use of Seat Belts Amendment Act of 1996, D.C. Law 11-244, 44 DCR 1155 (February 28, 1997); as amended by Final Rulemaking published at 59 DCR 8564, 8571 (July 20, 2012).

31 DCMR § 608 INSPECTION OF TAXICABS

608.1 All taxicab vehicles shall be inspected annually or at other times as required by the Commission for the following:

(a) Safe operating condition and compliance with District of Columbia motor vehicle regulations with respect to the condition of the body and fenders, cleanliness, repairs, and other mechanical parts relating to both the exterior and interior condition of the taxi vehicle; and

(b) Broken or damaged taximeters or Taxi Smart Meter System.

608.2 Any Hack Inspector, police officer, or other authorized agent of the District may inspect and test the meter and Taxi Smart Meter System, lights, brakes, steering assembly, tires, equipment, horn, or any other device required by Title 18 DCMR and the Commission's rules and regulations at any time a taxicab is on the public streets or public space.

608.3 Any Hack Inspector, police officer, or other authorized agent of the District may order the removal of an unsafe or improperly equipped taxicab from any public street or space to one of the official District Inspection Stations for re-inspection, notwithstanding the fact that the taxicab displays an approved inspection sticker, or to an authorized Meter or Taxi Smart Meter System installation vendor/business authorized by the Commission for inspection or repairs.

608.4 No person shall drive, move, or permit the operation or use of any taxicab which is mechanically unsafe, improperly equipped, or otherwise unfit to be operated, including failure to have an operating meter and Taxi Smart Meter System. Such vehicles shall be towed off the public streets and impounded pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50-331(a)(6) (2009 Repl.; 2012 Supp.)).

608.5 The Commission may from time to time institute public vehicle for hire equipment inspection check points to randomly inspect public vehicles for hire for the protection of the riding public. Such vehicle equipment inspection check points shall be conducted in accord with the Commission’s rules and regulations and General Orders.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3606 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831(April 11, 2008); as amended by Final Rulemaking published at 59 DCR 8564, 8572 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 1173 (February 1, 2013).

31 DCMR § 609 TAXICAB VEHICLE RETIREMENT

609.1 No vehicle shall be operated as a taxicab in the District unless it is in compliance with the provisions of this section at the time of its required DMV inspection or when an application is filed for its DCTC vehicle license under § 1010, whichever is earlier.

609.2 Notwithstanding the provisions of § 609.1, each standard gasoline-powered vehicle which is licensed and in service on the effective date of this section shall be retired as provided in the “Age of Taxicabs” rule in § 609, published in the D.C. Register on November 28, 2014 at 61 DCR 12279, for which vehicle mileage is not a factor except as provided in paragraph (d), and which provides as follows:

(a) Not later than January 1, 2014, or the next regularly scheduled DMV vehicle inspection required by D.C. Official Code § 50-1101(a), whichever is later, all vehicles manufactured in model years 1997 and earlier shall be removed from service.

(b) Not later than January 1, 2015, or the next regularly scheduled DMV vehicle inspection required by D.C. Official Code § 50-1101(a), whichever is later, all vehicles manufactured in model years 2004 and earlier shall be removed from service.

(c) Not later than January 1, 2016, or the next regularly scheduled DMV vehicle inspection required by D.C. Official Code § 50-1101(a), whichever is later, all vehicles manufactured in model years 2007 and earlier shall be removed from service.

(d) Not later than January 1, 2017, all taxicab vehicles which are not in compliance with §§ 609.3-609.5 shall be removed from service.

609.3 Maximum age by vehicle:

(a) Fifteen (15) model years for internal combustion engine vehicles; and

(b) Twenty (20) model years for wheelchair-accessible vehicles, hybrid vehicles, and electric vehicles, subject to § 609.7.

609.4 [REPEALED]

609.5 A vehicle shall be retired no later than December 31 of the calendar year in which the vehicle reaches its maximum age, as provided in § 609.3.

609.6 No vehicle shall be placed into service if:

(a) It would have three (3) years or less prior to retirement under § 609.5;

(b) It has been driven more than one hundred fifty thousand (150,000) miles, regardless of whether it has previously been used as a public vehicle-for-hire; or

609.7 The owner of a wheelchair-accessible vehicle, hybrid vehicle, or electric vehicle between fifteen (15) and twenty (20) model years that is otherwise eligible to continue in service as a taxicab shall, in order to be authorized to continue such service, meet the following requirements:

(a) The owner shall file an application with the Office, on an application form issued by the Office, no later than December 1 each year to continue service for the following calendar year;

(b) The vehicle shall:

(1) Have passed its two (2) most recent required DMV inspections;

(2) Be in excellent mechanical condition, as evidenced by proof of passage of a 150-point inspection administered by an automotive technician employed by an independent third-party inspection service and certified by the National Institute for Automotive Service Excellence (ASE);

(3) Be in excellent condition in appearance, including having no body damage on its exterior, as determined by the Office; and

(4) Not be a salvaged vehicle or declared a total loss;

(c) The vehicle and its owner shall comply with all applicable provisions of this title, including the insurance requirements of Chapter 9 and the equipment requirements of Chapter 8;

(d) The application shall be accompanied by a fifty dollar ($50) filing fee and;

(e) The vehicle shall be painted in the uniform color scheme in accordance with the requirements of § 503.

609.8 Notwithstanding the provisions of §§ 609.3-609.5, the owner of a vehicle may file an application with the Office for approval of a proposed conversion of the vehicle’s propulsion and/or wheelchair accessibility, to be professionally and timely completed by an established business recognized in the public vehicle-for-hire industry as performing such conversions to all applicable industry standards and provisions of this title and other applicable laws, including all ADA standards. If the conversion is approved, it shall be timely performed, and following inspection of the vehicle by the Office, the vehicle’s remaining service life pursuant to §§ 609.4 shall be based on the conversion. Written evidence of the approval shall thereafter be carried in the vehicle at all times and presented upon demand by a District enforcement official.

609.9 The Office may issue an instruction, issuance, or guidance pursuant to Chapter 7 concerning this section.

609.10 Notwithstanding the requirements of §§ 609.1-609.4, no vehicle that is licensed and in active service on the effective date of this rulemaking shall be required to be retired sooner than required by the prior vehicle retirement rules published in the D.C. Register on January 2, 2015 at 62 DCR 000119.

609.11 If the Office issues an administrative issuance requiring owners to provide the Office with periodic updates about the safety and mechanical condition of an extended vehicle, or its mileage, each owner of an extended vehicle shall comply with such administrative issuance. Notwithstanding any other provision of this title, failure to comply with such administrative issuance may result in the following enforcement actions:

(a) An immediate suspension of the vehicle extension;

(b) A proposed suspension of the vehicle extension;

(d) Any civil penalty provided by another provision of this title; or

(e) A combination of the penalties in subparagraphs (a)-(d).

History

SOURCE: Final Rulemaking published at 45 DCR 2556 (April 24, 1998); as amended by Final Rulemaking published at 52 DCR 11289 (December 30, 2005); as amended by Final Rulemaking published at 59 DCR 6317 (June 1, 2012); as amended by Final Rulemaking published at 60 DCR 1178 (February 1, 2013); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 12279 (November 28, 2014); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 072 (January 1, 2016); as amended by Final Rulemaking published at 63 DCR 8881 (June 24, 2016); as corrected by Errata Notice published at 63 DCR 9070 (July 1, 2016); as amended by Final Rulemaking published at 63 DCR 10471 (August 12, 2016); as amended by Final Rulemaking published at 67 DCR 14202 (December 4, 2020); as amended by Final Rulemaking published at 71 DCR 007092 (June 14, 2024). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 609

31 DCMR § 610 NOTICE OF PASSENGER RIGHTS

610.1 There shall be displayed in a conspicuous location in each taxicab in clear view of the passenger a notice in a form created by Office which contains the following information:

(a) A statement that a taxicab must accept credit cards through the approved taximeter system;

(b) A statement that a taxicab shall not operate without a functioning taximeter system;

(d) Information required for passengers to submit an alleged violation or complaint, including the Commission’s telephone number and website address.

610.2 [REPEALED].

History

SOURCE: Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 610

31 DCMR § 611 PENALTIES

611.1 Each violation of this chapter by a taxicab company, independent owner, or taxicab operator shall subject the violator to:

(a) The civil fines and penalties set forth in Chapter 20;

(b) Impoundment of a vehicle operating in violation of this chapter;

(d) Suspension, revocation, or non-renewal of such person’s license or operating authority; or

(e) Any combination of the sanctions listed in (a)-(d) of this subsection.

611.2 A PSP that violates a provision of this chapter shall be subject to the penalties set forth in Chapter 20.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 611

31 DCMR § 612 ENFORCEMENT

612.1 The enforcement of this chapter shall be governed by Chapter 7.

History

SOURCE: Final Rulemaking published at 44 DCR 7686 (December 19, 1997); as amended by Final Rulemaking published at 59 DCR 8564, 8572 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 612

31 DCMR § 699 [REPEALED]

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3606 (June 1, 1990); as amended by Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 699

31-7 ENFORCEMENT

31 DCMR § 700 APPLICATION AND SCOPE

700.1 This chapter is intended by the Commission to establish fair and consistent procedural rules for enforcement of and compliance with this title.

700.2 This chapter applies to all persons regulated by this title.

700.3 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act, as amended by Vehicle-for-Hire Act, and the Impoundment Act.

700.4 No provision of this chapter requiring a delegation of authority from the Mayor shall apply in the absence of such authority.

700.5 The provisions of this chapter shall apply to all matters and contested cases pending on the date of publication of the final rulemaking in the D.C. Register, respectively, to the extent allowed by the District of Columbia Administrative Procedure Act (“DCAPA”) effective October 8, 1975 (D.C. Law 1-19; D.C. Official Code §§ 2-501 et seq.) and other applicable law.

700.6 The Office’s failure to comply with a deadline established by a provision of this title shall not be a basis for the dismissal of an enforcement action except where the Respondent proves that the Respondent’s substantial legal rights would be violated in the absence of a dismissal, and that no reasonable procedural remedy, such as a continuance or enlargement of time, can be fashioned to cure the violation.

History

SOURCE: Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 700

31 DCMR § 701 ADMINISTRATIVE ISSUANCES, INSTRUCTIONS, AND GUIDANCE

701.1 The Office of Taxicabs (“Office”) may promulgate an issuance, instruction, or guidance as it deems necessary and appropriate to aid in administration, enforcement, or compliance with any provision of this title. An issuance, instruction, or guidance may be modified or rescinded at any time with reasonable notice.

701.2 Each issuance, instruction, and guidance shall be in writing, and shall:

(a) Interpret or explain a provision of this title or other applicable law; or

(b) Provide administrative guidance for compliance with a provision of this title or other applicable law, such as establishing forms required applying for licenses, documentation requirements, and setting deadlines for providing to the Office information required by a provision of this title.

701.3 Each issuance, instruction, and guidance shall be posted on the Commission’s website and shall become effective twenty-four (24) hours after it is posted or at such later time as stated in the issuance, instruction, or guidance provided, however, that an issuance, instruction, or guidance shall become effective upon posting if it states that it is effective upon posting based on a determination that such action is required to protect passenger, operator, or public safety; for consumer protection; or, where otherwise permitted by law.

701.4 Failure to comply with an issuance, instruction, or guidance may:

(a) Result in the denial of a license; or

(b) Be offered as evidence in an enforcement action under § 703 for violation of any applicable provision of this title or other applicable law to which the issuance, instruction, or guidance applies.

701.5 This section shall not apply to an issuance, instruction, guidance or other document concerning the internal operations of the Office, such as a document instructing employees on how to carry out their duties.

History

SOURCE: Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 701

31 DCMR § 702 COMPLIANCE ORDERS

702.1 An authorized employee or official of the Office, or a District enforcement official, may issue a written or oral compliance order to any person licensed or regulated by this title or other applicable law. Oral compliance orders may be issued during traffic stops, as provided in § 702.7.

702.2 A compliance order may require the respondent to take any lawful action related to enforcement, compliance, or verification of compliance, with this title or other applicable law, to the extent authorized or required by this title and the Establishment Act or other applicable law, through an order to:

(a) Appear at the Office for a meeting or other purpose provided that the order clearly states that the appearance is mandatory;

(b) Make a payment to the District for an amount such person owes under a provision of this title or other applicable law;

(d) Surrender, or produce for inspection and copying, a document or item related to compliance with this title or other applicable law, such as an original licensing or insurance document, at:

(1) The location where document or item is maintained in the ordinary course of business;

(2) The Office; or

(3) Another appropriate location as determined by the Office or a District enforcement official in their sole discretion;

(e) Submit a vehicle or equipment in the vehicle for testing or inspection in connection with a traffic stop;

(f) Provide information to locate or identify a person, where there is reasonable suspicion of a violation of this title or other applicable law; or

(g) Take any lawful action to assist with or accomplish the enforcement of a provision of this title or other applicable law.

702.3 Each compliance order shall include the following information:

(a) The action the respondent must take to comply;

(b) Except for oral compliance orders, the deadline for compliance; and

(1) A statement of the circumstances giving rise to the order;

(2) A citation to the relevant chapter of this title or other applicable law; and

(3) If the order requires a person to provide information to assist the Office or a District enforcement official in an enforcement action against a person with whom the respondent is believed to be or has been associated: the name of and contact information for such person to the extent available.

702.4 Where a compliance order is issued to a private sedan business to allow the Office to inspect and copy records under § 702.2 (d), the following limitations shall apply:

(a) The Office’s inspection shall be limited to safety and consumer protection-related records to ensure compliance with the applicable provisions of Chapter 19, where the Office has a reasonable basis to suspect noncompliance; and

(b) Any records disclosed to the Office shall not be released by the Office to a third party, including through a FOIA request.

702.5 The civil penalties for failure to comply with a compliance order are set forth in Chapter 20.

702.6 A written compliance order shall be served in the manner prescribed by § 712.

702.7 The civil penalties for failure to comply with a compliance order are as provided by Chapter 20 of this title.

702.8 Each traffic stop shall comply with all applicable provisions of this title, any other applicable laws, and the following requirements:

(a) No vehicle shall be stopped while transporting a passenger without reasonable suspicion of a violation of this title or other applicable laws.

(b) An oral compliance order may be issued in connection with a traffic stop for the purpose of:

(1) Determining compliance with this title and other applicable laws;

(2) Securing the presence and availability of the operator, the vehicle, and any other evidence at the scene;

(3) Preventing hindrance, disruption, or delay of the traffic stop;

(4) Ensuring the orderly and timely completion of the traffic stop;

(5) Requiring full and complete cooperation by the operator;

(6) Requiring the operator to provide access to a device for the purpose of demonstrating compliance with this title and other applicable law;

(7) Making inquiries regarding the operator and/or vehicle to government agencies for law enforcement and related regulatory purposes; and

(8) Protecting the safety of the vehicle inspection officer, the operator, or any other individual.

(c) Notwithstanding the requirements of paragraph (b) of this section, a vehicle inspection officer shall not take possession of a device which may contain evidence relevant to the enforcement of this title or other applicable law, unless:

(1) The device is or appears to be a component of a taxicab’s modern taximeter system (MTS);

(2) The operator denies ownership, possession, or custody of the device;

(3) The operator abandons the device or attempts to transfer its possession with intent to prevent access to the device for purposes of enforcement; or

(4) The operator is determined to be an unlawful operator in violation of D.C. Official Code § 47-2829.

(e) The term “possession” as used in paragraph (c) of this section shall not include handling, operation, or examination of a device for purposes of enforcement of this title or other applicable law.

(f) A private sedan operator’s lack of registration with a private sedan business registered under Chapter 19 may be considered evidence of a violation of D.C. Official Code § 47-2829.

History

SOURCE: Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 702

31 DCMR § 703 ENFORCEMENT ACTIONS

703.1 The Office may take one or more of the following enforcement actions where there are reasonable grounds to believe that a person has violated, or is violating, a provision of this title or other applicable law:

(a) Issue a notice of infraction (“NOI”) in accordance with § 704;

(b) Issue an order to cease and desist in accordance with § 705;

(d) Issue a notice of proposed suspension or revocation of a license in accordance with § 708; or

(e) Issue an order of impoundment of a vehicle pursuant to the Impoundment Act.

703.2 In addition to any other penalty or action authorized by a provision of this title, the Office may recommend to another government agency the denial, revocation or suspension of any license that may be issued by the other agency.

703.3 Each respondent shall respond to a notice of an enforcement action within the time stated in the notice or, if no time for a response is stated in the notice, as specified in this chapter. Failure to respond within the time required shall subject the respondent to the civil penalties and fines imposed therein.

703.4 The Office may modify, supplement or withdraw any enforcement action at any time, provided such action is consistent with fundamental fairness and the due process rights of the respondent.

703.5 The enumeration of enforcement actions in this section shall not limit or proscribe any legal remedy available to the Commission or the Office in a court proceeding at law or in equity, including, but not limited to, entering into consent decrees and settlements, and enforcing the terms thereof.

703.6 The Office may, through the Office of the Attorney General, petition the District of Columbia Superior Court for injunctive relief, or take any other action authorized by law to enforce compliance with a provision of this title or other applicable law including, but not limited to, consent decrees and settlements.

703.7 In addition to any other enforcement action authorized by this title or other applicable law, where a private sedan business certifies an intentionally false or misleading statement on a form required by this title or other applicable law, the Office may refer the matter for civil and/or criminal investigation by an appropriate agency of the District or Federal Government.

703.8 The circumstances giving rise to a respondent’s suspension may be considered by the Office in any determination of whether to issue or renew a license to the respondent.

703.9 An appeal from any enforcement action under this chapter may be referred to the Commission, to a hearing examiner of the Office, or to OAH, as designated by the Office in its sole discretion. Decisions by DCTC hearing examiners shall be according to any rules which may be enacted by the Commission but shall in no instances be appealable to OAH.

703.10 In computing any applicable time period measured in days under this chapter:

(a) The day of the act, event, or default from which the period begins to run shall not be included;

(b) The last day of the period shall be included; and

703.11 An appeal to OAH from any of the following appellate decisions of the Commission shall be limited to the administrative record, and shall not be reversed unless they are clearly erroneous and/or constitute an abuse of discretion:

A decision on appeal from a cease and desist order pursuant to § 705.4; and

A decision on appeal from a denial of a license pursuant to § 709.3.

History

SOURCE: Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 703

31 DCMR § 704 NOTICES OF INFRACTION

704.1 The Office or a District enforcement official (including a vehicle inspection officer) may issue an NOI, imposing a civil fine or other civil penalty, whenever the Office or the District enforcement official has reasonable grounds to believe the respondent is in violation of a provision of this title or other applicable law.

704.2 An NOI shall be in writing in a form prescribed by the Office and shall include:

(a) The name of the respondent;

(b) A citation or reference to the provision of this title or other applicable law which the respondent has violated;

(d) The amount of the civil fine applicable to the infraction;

(e) A statement that:

(1) The fine must be paid within thirty (30) calendar days of the date that the NOI has been served on the respondent;

(2) The respondent has the right to request a hearing before the Office of Administrative Hearings (“OAH”); and

(3) If the respondent fails to pay the fine or request a hearing within thirty (30) calendar days of the date the NOI is served on the respondent, a penalty equal to the amount of the fine may be imposed and the respondent’s license may be suspended until the fine has been paid; and

(f) Any other information that the Office may require.

704.3 Each NOI shall be served and filed in the manner prescribed by § 712.

704.4 In response to an NOI, a respondent shall file a written answer with OAH within thirty (30) days of the date the NOI is served on the respondent. The answer shall:

(a) Admit the infraction and pay the fine;

(b) Admit the infraction with an explanation, and providing any supporting documentation; or

704.5 Payment of the fine shall not relieve the respondent of the obligation to abate the infraction cited in the NOI.

704.6 If a respondent admits an infraction in the NOI, the respondent shall include payment of the fine with his or her answer. If respondent pays the stated fine but fails to indicate a specific answer, the respondent shall be deemed to have admitted the infraction.

704.7 If a respondent responds to an NOI, does not pay the stated fine, and fails to state an answer as required by § 704.4, the respondent shall be deemed to have denied the infraction.

704.8 If the respondent admits an infraction with an explanation, the respondent shall state on the NOI whether the respondent requests a hearing on the papers or an in-person hearing. The OAH may hold an in-person hearing in its sole discretion.

704.9 If a respondent denies an infraction, OAH may schedule an in-person hearing in accordance with its rules.

704.10 If a respondent does not answer the NOI within thirty (30) calendar days:

(a) OAH shall issue a default order; and

(b) A civil penalty equal to the amount of the fine imposed by the NOI shall be imposed by OAH in the default order.

704.11 A civil penalty, including a fine, may be downwardly modified by OAH if:

(a) The downward modification is not inconsistent with the provision of this title or other applicable law which is the basis for the penalty;

(b) The Office is provided with an opportunity to present to OAH its opinion on a proposed downward modification or fine reduction; and

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 704

31 DCMR § 705 CEASE AND DESIST ORDERS

705.1 If the Department has reason to believe that a person is violating a provision of this title or other applicable law and the violation has caused or may cause immediate and irreparable harm to the public, the Department may issue a cease and desist order requiring the person to immediately, or within a specified period of time, cease the conduct or activity which is allegedly in violation of a provision of this title or other applicable law.

705.2 A cease and desist order shall be in writing in a form prescribed by the Department and shall include:

(a) The grounds for the order, including a citation to the law or regulation that the respondent is violating;

(b) A statement identifying the conduct which the respondent must cease, or the action the respondent must take, in order to correct the violation;

(c) The deadline by which such conduct must cease or such action must be taken. The date and time may be immediately upon service of the order;

(d) A statement that the respondent has a right to request a hearing, in writing, within fifteen (15) calendar days of service of the order;

(e) A statement explaining the process by which the respondent may request a hearing; and

(f) A statement that the respondent’s request for a hearing shall not stay, suspend, or delay the effectiveness or enforcement of the order;

(g) A statement of the requirements, terms, and conditions of the cease and desist order, if any.

705.3 Each cease and desist order shall be served and filed in the manner prescribed by § 712.

705.4 Upon receipt of a timely request for a hearing, the Department or OAH, as designated by the Department, shall conduct a hearing within fifteen (15) calendar days after the date of receipt of the request for a hearing and shall issue a decision within thirty (30) calendar days after the close of the record of the hearing.

705.5 If the respondent does not request a hearing, in writing, within fifteen (15) calendar days after service of the cease and desist order, the Order shall become final and shall incorporate the requirements, terms, and conditions of the cease and desist order.

705.6 A cease and desist order shall be enforced pending a final decision on the merits.

705.7 The following civil fines for failure to comply with a cease and desist order shall apply where no other provision of this title or other applicable law establishes a civil fine for the same conduct, or where another provision of this title or other applicable law establishes a lower civil fine, in lieu of such lower civil fine:

(a) Where an individual fails to timely and fully comply with a cease and desist order: a civil fine not to exceed one thousand dollars ($1,000) per day based on the circumstances; and

(b) Where an entity fails to timely and fully comply with a cease and desist order: a civil fine not to exceed five thousand dollars ($5,000) per day based on the circumstances.

705.8 If a respondent fails to comply with a cease and desist order, the Department may, through the Office of the Attorney General, petition the District of Columbia Superior Court for injunctive relief, or take any other action authorized by law to enforce compliance with a provision of this title or other applicable law.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016); as amended by Final Rulemaking published at 73 DCR 008243 (June 5, 2026). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 705

31 DCMR § 706 IMMEDIATE SUSPENSION OF A VEHICLE OPERATOR’S LICENSE

706.1 The Office may order the immediate suspension of a license allowing an individual to operate a public vehicle-for-hire whenever the Office has reasonable grounds to conclude that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public.

706.2 A determination of imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, under § 706.1, shall be based on evidence that the respondent:

(a) Has committed murder, manslaughter, mayhem, malicious disfiguring of another, arson, abduction, kidnapping, burglary, theft, breaking and entering, robbery, larceny, assault or battery, or any other felony;

(b) Has committed a sexual offense proscribed by D.C. Official Code § 22-1901 (incest), §§ 22-3101 to 22-3103 (sexual performance using minors), § 22-2701 to § 22-2722 (prostitution and pandering), §§ 22-3002 to 22-3020 (sexual abuse), or § 22-1831 et seq. (human trafficking);

(c) Has violated the District of Columbia Uniformed Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901.01 et seq.) or the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code §§ 48-1101 et seq.);

(d) Has committed a criminal act outside the District which, if committed in the District, would fall into one of the categories in § 706.2 (a)-(c);

(e) Has committed a criminal offense in connection with the operation of a vehicle which is licensed by the Office as a public vehicle-for-hire;

(f) Has violated a traffic regulation in a manner that reflects recklessness, gross negligence, depravity; or wanton disregard for the safety of other persons or property; or

(g) Has acted or failed to act in any manner which otherwise poses an imminent threat to the health or safety of passengers, operators, or the public, or to consumer protection or passenger privacy.

706.3 A determination of imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, under § 706.1, shall not be based on evidence that the respondent:

Has not been arrested, charged, prosecuted, presented, indicted, or convicted of a crime in connection with the facts giving rise to the determination;

(b) Has not been the subject of a civil or administrative proceeding in connection with the facts giving rise to the determination; or

706.4 In determining whether a respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, the Office may consider any and all relevant evidence, including evidence which may not be admissible in a criminal, civil, or administrative proceeding, including without limitation a statement against interest, an admission, an arrest record, or court order.

706.5 Each order of immediate suspension shall be in writing and shall state:

(a) The grounds for the immediate suspension;

(b) The terms and conditions applicable to the suspension (if any), including any deadlines;

(d) Notice that the respondent’s request for a hearing before OAH or referral of the matter to OAH shall not stay, suspend, postpone, or delay the effectiveness of the order of immediate suspension.

706.6 Each order of immediate suspension pursuant to this section shall be served and filed in the manner prescribed by § 712.

706.7 A preliminary hearing on an order of immediate suspension shall be held before OAH within three (3) business days of service of the order on the respondent. At the preliminary hearing, either party may request an evidentiary hearing on the order of immediate suspension. If a party requests an evidentiary hearing, OAH shall hold the evidentiary hearing within fifteen (15) calendar days of service of the order on the respondent.

706.8 Any review by OAH of an order of immediate suspension, at a preliminary hearing held pursuant to § 706.7, or at any subsequent hearing, shall be limited to a determination of whether the Office has sufficient evidence to conclude that reasonable grounds exist to believe that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, as provided in § 706.2.

706.9 If OAH determines, after a review pursuant to § 706.8, that the Office has sufficient evidence to conclude that reasonable grounds exist to believe that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, as provided in § 706.2, the order of immediate suspension shall remain in effect without modification by OAH through the end of the immediate suspension as stated in the order, or until a final ruling on the merits of any related notice of proposed suspension or revocation issued by the Office pursuant to § 708, whichever is later.

706.10 Each order of immediate suspension issued pursuant to this section shall be issued concurrently with a notice of proposed suspension or revocation issued pursuant to § 708.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 706

31 DCMR § 707 IMMEDIATE SUSPENSION OF A LICENSE OTHER THAN A VEHICLE OPERATOR’S LICENSE

707.1 The Office may order the immediate suspension of a license other than a license allowing an individual to operate a public vehicle-for-hire whenever the Office has reasonable grounds to believe the respondent poses an imminent danger to the public.

707.2 A determination under § 707.1 shall be based on evidence that the respondent:

(a) Has committed a willful or repeated violation of any provision of this title or other applicable law which carries a civil penalty of at least five hundred dollars ($500) for the current or most recent violation or for which license suspension is stated as an available civil penalty;

(b) Has allowed or suborned activity by another person which would provide a ground for such person’s suspension or revocation under this chapter;

(c) Poses an imminent or significant threat to the health or safety of passengers, operators, or the public, consumer protection, or passenger privacy; or

(d) Is using the license to engage in an activity prohibited by a provision of this title or other applicable law.

707.3 In determining whether a respondent poses an imminent danger to the public, the Office or District enforcement official may consider any and all relevant evidence, including evidence which may not be admissible in a criminal, civil, or administrative proceeding, including without limitation a statement against interest, an admission, an arrest record, or court order.

707.4 Each order of immediate suspension pursuant to this section shall be served and filed in the manner prescribed by § 712.

707.5 Section 706.3 shall apply to all proceedings under this section. The adjudication of an order of immediate suspension of a license under this section shall be as set out in § 706.7 and § 706.8.

707.6 Each order of immediate suspension issued pursuant to this section shall be issued concurrently with a notice of proposed suspension or proposed revocation issued pursuant to § 708.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 707

31 DCMR § 708 NOTICE OF PROPOSED SUSPENSION OR REVOCATION OF A LICENSE

708.1 Proposed suspension. The Office may issue a notice of proposed suspension of a license issued under this title based on any of the following grounds:

(a) A material misrepresentation, fraud, or concealment of material information in a communication with the Commission or the Office in a document provided to the Commission or the Office, or in connection with an activity for which the respondent is licensed;

(b) A determination that the respondent no longer meets the requirements for the license it was issued by the Office;

(d) The existence of one or more grounds for suspension of a license pursuant to § 706.2 or § 707.2, without regard to whether the Office has issued an order of immediate suspension;

(e) A criminal conviction involving fraudulent conduct, or in the case of an entity, a determination that an employee, agent, or independent contractor associated with the entity has been convicted of such conduct in connection with any activity regulated by this title;

(f) The use or subornation of a fraudulent or misleading device, method, or practice relating to any activity regulated by this title;

(g) A willful or repeated failure to obey one or more compliance orders issued by the Office;

(h) A willful or repeated failure to comply with one or more orders issued by OAH;

(i) A willful or repeated failure to pay one or more civil fines imposed by the Office;

(j) A willful or repeated failure to comply with one or more provisions of this title or applicable law; or

(k) Where identified as a civil penalty in a provision of this title.

708.2 Proposed revocation. The Office may issue a notice of proposed revocation of a license issued under this title based on any of the following grounds:

(a) The respondent’s license is currently, or was previously, suspended under § 706, § 707, or § 708.1;

(b) The respondent has committed substantial or repeated acts that constitute grounds for immediate suspension under § 706.2 or § 707.2, without regard to whether the Office has issued an order of immediate suspension;

(c) The respondent has committed substantial or repeated acts that constitute grounds for proposed suspension under § 708.1;

(d) A determination that a basis for revocation exists pursuant to a provision of another chapter of this title; or

(e) The respondent has failed to timely and fully comply with the terms and conditions of an order of suspension, or has committed further violations of this title or other applicable law during the pendency of a suspension.

708.3 A notice of proposed suspension or proposed revocation may be issued concurrently with an order of immediate suspension or at any time at least fourteen (14) days prior to a hearing on the merits, provided however, that such notice shall not be issued fewer than fourteen (14) days prior to a hearing on the merits without good cause shown by the Office, including access to new evidence, and a change in the law or regulations applicable to the action.

708.4 A notice of proposed suspension or proposed revocation of a license shall be in writing and shall state:

(a) The grounds for the proposed suspension or revocation;

(b) The date on which the proposed suspension or revocation will become effective which shall be no sooner than thirty-one (31) calendar days following service of the notice;

(c) If a proposed suspension is for a time certain, the duration of the suspension; or, if the suspension is for an indefinite period of time, the terms upon which the license may be reinstated in full;

(d) A statement:

(1) That the respondent has the right to request a hearing before the OAH within thirty (30) calendar days of service of the notice;

(2) Explaining the process for requesting a hearing; and

(3) That, if the respondent fails to file an appeal within thirty (30) calendar days, the proposed suspension or revocation shall become final.

708.5 A proposed suspension shall not exceed the current licensing period.

708.6 A proposed revocation shall exceed the current licensing period and shall contain a requirement that the respondent is not permitted to re-apply for a new license until after a specific date following the date on which the revocation becomes final.

708.7 The revocation of a license and the circumstances giving rise thereto may be considered by the Office at the time of a renewal of a license issued under this title.

708.8 Each notice of proposed suspension or proposed revocation shall be served and filed in the manner prescribed by § 712.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 708

31 DCMR § 709 DENIAL OF APPLICATION FOR A LICENSE

709.1 Unless a different time for appeal is provided by an applicable provision of this title, if the Office denies an application for a new or renewed license (including for purposes of this section, any certificate, approval, registration, or legal permission of the Office required by this title or other applicable law in order for a person to engage in conduct otherwise prohibited) under this title, the applicant for such license may appeal the decision within fourteen (14) days of notice of the decision, unless a different time for appeal is provided by an applicable provision of this title.

709.2 A decision by the Office to deny an application for a license shall be issued in writing and shall state:

(a) The basis for the decision;

(b) That the applicant has the right to appeal the decision within fourteen (14) days of notice of the decision, unless a different time for appeal is provided by an applicable provision of this title;

(d) In the case of a decision to deny a renewal license, whether the existing license shall remain in effect beyond its expiration date pending the outcome of a timely appeal filed pursuant to § 709.1, pursuant to an applicable provision of this title; and

(e) That if the applicant does not appeal the decision within the time provided for appeal, the decision shall become final.

709.3 An appeal of a decision to deny a license shall be filed by the applicant, or applicant’s representative, with the Office within fourteen (14) days of notice of the decision, or within such other period as provided by an applicable provision of this title, and otherwise the decision shall constitute a final agency decision. The Office, in its sole discretion, shall refer a timely appeal to any of the following for review on the merits: the full Commission, a hearing examiner employed by the Commission, or OAH.

709.4 If an appeal is referred to the full Commission, the Commission shall hear the appeal at its next regularly scheduled meeting.

709.5 If an appeal has been referred to a hearing examiner employed by the Office, the hearing examiner shall hear the appeal within thirty (30) days from the date the appeal is received by hearing examiner. Either party may appeal the decision of the hearing officer to the full Commission. An appeal, if filed, shall be filed within thirty (30) days of the issuance of the hearing examiner’s decision, and, if not appealed within such time, shall constitute a final agency decision.

709.6 An appeal to the full Commission shall be heard at the next Commission meeting, not sooner than fourteen (14) from the date of the appeal.

709.7 If the appeal has been referred to OAH, the appeal shall be heard in accordance with OAH rules and regulations.

709.8 A timely appeal of a denial of a renewal of license shall extend an existing license pending a decision on the appeal except that a license shall not be extended pending an appeal if one of the bases for denial would constitute grounds for immediate suspension under § 706 or § 707.

709.9 A decision on appeal to remand to the Office for further review shall extend or re-instate an existing license pending the final decision, unless otherwise ordered.

709.10 A decision by the Commission, either on direct appeal or an appeal from a hearing examiner, shall be considered a final agency decision.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 709

31 DCMR § 710 SUSPENSION OR REVOCATION OF RECIPROCITY PRIVILEGES

710.1 The intent of the Commission is to hold each individual who has been issued a public vehicle-for-hire license by a jurisdiction within the Washington Metropolitan Area other than the District (“non-District operator”) to the same standards of conduct imposed by this title on operators licensed by the Office, to the extent applicable.

710.2 Each non-District operator who operates a public vehicle-for-hire in the District within the limited authority provided by the reciprocity rules of §§ 828 and 1219 (“reciprocity privilege”) shall be subject to the suspension or revocation of such reciprocity privilege as provided in this section.

710.3 Applicable provisions of this title, other than the provisions of this section, shall be read, interpreted, and applied to each non-District operator as if the non-District operator were licensed by the Office, substituting as necessary to give a provision its fullest meaning the term “reciprocity privilege” wherever the word “license” appears in an applicable provision.

710.4 The Office may issue an order of immediate suspension of a non-District operator’s reciprocity privilege based on repeated violations of the reciprocity rules of § 828.

710.5 The Office may issue a notice of proposed suspension or proposed revocation of a non-District operator’s reciprocity privilege based on repeated violations of the reciprocity rules of § 828.

710.6 In addition to the methods of service authorized by § 712.1, each order of immediate suspension, each notice of proposed suspension, and each notice of proposed revocation of a non-District operator’s reciprocity privilege pursuant to this section may be served by one of the following methods:

(a) By personal service upon the respondent or the respondent’s agent at any time and place where the respondent or the respondent’s agent may be found within the District, including without limitation at the time and place of any violation of this title by the respondent, and at the time and place of any hearing pursuant to this chapter; and

(b) By depositing the document into first-class U.S. Mail, addressed to the address of the respondent or respondent’s agent on file with OAH in any pending contested case.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 710

31 DCMR § 711 LICENSING DOCUMENTS

711.1 The terms stated or incorporated by reference in each licensing document shall constitute a compliance order to the licensee.

711.2 If a licensing document states that it is temporary, it shall be valid and effective for all purposes under this title throughout the period stated therein.

711.3 No person, other than a District enforcement official or other person authorized by law, shall duplicate or transfer to another person any licensing document except with written permission from the Office or in compliance with § 814.8 or § 822.2. Such action shall constitute fraud for purposes of this chapter.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 711

31 DCMR § 712 PUBLIC COMPLAINTS

712.1 The Office shall receive oral and written complaints by members of the public through the following means: by telephone, through the Commission’s website, by email, in person, by U.S. Mail, by fax, or by private delivery service.

712.2 An oral complaint shall not be the basis of further action by the Office unless it has been reduced to writing. If the Office receives an oral complaint, it shall either: (1) contact the complainant to request that the complaint be filed in writing; or (2) promptly reduce the complaint to writing.

712.3 The Office shall notify each complainant that his or her complaint has been received within seventy-two (72) hours of receiving a complaint submitted in writing or within seventy-two (72) hours after receiving a written complaint which had been originally submitted orally. The notice shall be provided by U.S. Mail, email, or telephone call using the contact information provided by the complainant.

712.4 A public complaint shall be pursued by the Office if submitted within thirty (30) days following the event or occurrence giving rise to the complaint, provided however, that a complaint alleging that any individual suffered personal injury or engaged in criminal misconduct in connection with a public vehicle-for-hire service may be pursued by the Office if submitted within twelve (12) months after the event or occurrence giving rise to the complaint.

712.5 Unless the Office determines that a public complaint is not actionable, it shall notify the respondent of the complaint within fourteen (14) calendar days after the public compliant has been submitted to the Office.

712.6 Each respondent who is the subject of a complaint shall be notified in writing that the complaint has been submitted and be given the opportunity for mediation in accordance with § 711.

712.7 The Office shall initiate any enforcement action based on a timely complaint not later than sixty (60) calendar days after the completion of mediation as described in § 711.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 712

31 DCMR § 713 MEDIATION

713.1 Mediation shall consist of an informal and voluntary meeting between the Office and the respondent, at a time and place designated by the Office, for the purpose of addressing a public complaint it has received, or an enforcement action it has filed or may file.

713.2 The Office shall extend an invitation to mediate when a public complaint is filed or when the Office is considering the issuance of an order of immediate suspension of a license, and may, in its discretion, extend an invitation to mediate any other matter.

713.3 A respondent shall not be required to participate in mediation. An invitation to mediate shall not be considered a compliance order pursuant to § 702.2.

713.4 Mediation shall be scheduled by the Office to occur within a reasonable period, provided, however, that where the Office is considering an immediate suspension, the mediation shall be scheduled for not later than three (3) business days following service of the invitation.

713.5 An invitation to mediate shall be accepted by the respondent not later than the deadline set by the Office, provided, however, that the deadline shall be ten (10) calendar days following service if the invitation is based on a public complaint, and two (2) business days if the Office is considering the issuance of an order of immediate suspension.

713.6 Each invitation to mediate shall be in writing and:

(a) Shall state the designated time and location for the mediation session in accordance with § 711.4;

(b) Shall state the deadline for acceptance of the invitation, as prescribed by § 711.5;

(d) Shall state that the Office may take an enforcement action in connection with the circumstances giving rise to the invitation, identifying the applicable regulations and potential penalties;

(e) May include a request that the respondent bring with it, or submit in advance, documents or information.

713.7 Each invitation to mediate shall be served in the manner prescribed by § 712.

713.8 If the Office receives a timely acceptance from the respondent and the respondent appears on time for mediation, the Office shall mediate the matter as stated in the invitation. If the Office does not receive a timely acceptance from the respondent or the respondent does not appear on time for mediation, the Office may initiate an enforcement action.

713.9 The Office may reschedule a mediation one time for good cause shown provided the request to reschedule is received by the Office not later than: three (3) business days before the mediation date, the deadline for acceptance of the invitation where the Office is considering the issuance of a notice of immediate suspension, or a shorter period if exigent circumstances (such as hospitalization) exist and are supported by appropriate documentation.

713.10 At mediation, the parties may negotiate and reach agreement on any penalty that would be available if an enforcement action were taken (including a full or partial payment of a civil fine), admission of liability, execution of a compliance agreement or consent decree, suspension or revocation of a license, or any other relief authorized by law.

713.11 No fact related to or concerning mediation shall be admissible in the adjudication of an enforcement action, including without limitation whether a mediation session occurred or did not occur, whether a mediation session was rescheduled or not, and the substance or fact of a party’s offer to compromise, provided, however, that any information or document not created in anticipation of mediation or which rebuts an allegation by the respondent that it was not given notice shall be admissible regardless of whether it was obtained in connection with mediation. An enforcement action shall not be limited to the circumstances, evidence, civil infraction, or potential penalty stated in an invitation to mediate provided any change is based on subsequently-acquired information, further investigation, or additional analysis.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 713

31 DCMR § 714 SERVICE AND FILING

714.1 Each written compliance order issued pursuant to § 702, each enforcement action authorized by § 703 other than an order of impoundment of a vehicle, and each invitation to mediate issued pursuant to § 711, shall be served by one of the following methods, unless a different method of service is required by law:

(a) By personal service upon the respondent or the respondent’s agent, through delivery of the document to the last known home or business address of the respondent, or the respondent’s agent, on file with the Office and leaving the document with a person over the age of sixteen (16) years old residing or employed at that address by handing the notice or order to such individual;

(b) By posting the document in a conspicuous place in or about the location of respondent’s place of business; or

(c) By depositing the document into first-class U.S. Mail, addressed to the last known home or business address of the respondent, or respondent’s agent, on file with the Office.

714.2 Service pursuant to § 712.1(c) is complete at the time the document is deposited into the U.S. Mail, regardless of whether an earlier or later date or time is stamped upon the envelope.

714.3 An individual licensed by the Commission who defaces, alters, or removes a document posted without the approval of the Office shall be subject to a fine as specified in Chapter 20.

714.4 An entity licensed by the Commission that allows or induces an individual to deface, alter, or remove a document posted pursuant to § 712.1(b), without the approval of the Office, shall be subject to a civil fine as set forth in Chapter 20.

714.5 Each document subject to service under § 712.1, other than a compliance order or invitation to mediate, shall be filed promptly with OAH in the manner prescribed by its rules and procedures.

714.6 In addition to the methods of service available under § 714.1, a notice of infraction may be served by in-person service upon the respondent at any location where the respondent may be found within the District of Columbia.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 714

31 DCMR § 715 REPRESENTATION

715.1 Each person may designate a representative to act or appear on its behalf before the Office or the Commission in connection with any matter arising under this title.

715.2 No person, other than a representative designated pursuant to § 713.1, shall act or appear on behalf of another person before the Office or the Commission.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 715

31 DCMR § 716 IMMEDIATE SUSPENSION OF A DIGITAL DISPATCH SERVICE REGISTRATION

716.1 In addition to any other enforcement action available under this chapter, a digital dispatch service registered with the Department under § 1605 which fails to comply with § 1605.6 shall be subject to the immediate suspension of its registration until the digital dispatch service provides the Department with the bond(s) required by § 1605.5, consistent with any applicable administrative issuance.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 716

31 DCMR § 799 [REPEALED]

History

SOURCE: Final Rulemaking published at 37 DCR 3595 (June 1, 1990); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 799

31-8 OPERATING RULES FOR PUBLIC VEHICLES-FOR-HIRE

31 DCMR § 800 APPLICATION AND SCOPE

800.1 This chapter shall apply to every person that provides a public vehicle-for-hire service subject to licensing or regulation by the Commission, provided however that provisions of § 819 apply to any vehicle-for-hire in the District, including private vehicles-for-hire.

800.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act.

800.3 [REPEALED].

800.4 [REPEALED].

800.5 No public vehicle-for-hire may provide service in response to a dispatch other than as provided in Chapter 16 and other applicable laws.

800.6 A public vehicle-for-hire may provide service, including wheelchair accessible service, in response to a dispatch, as provided in Chapter 16, provided that:

(a) At all times while licensed and equipped as a public vehicle-for-hire, the vehicle shall be operated only in compliance with all applicable provisions of this title and other laws applicable to public vehicles-for-hire, including, without limitation, all provisions relating to the requirement that the vehicle be operated by a DCTC licensed operator, the use of a modern taximeter system, and the collection, and payment to the District, of the passenger surcharge; and

(b) A vehicle under an exclusive time contract other than as a public vehicle-for-hire shall be decommissioned as a public vehicle-for-hire.

800.7 An owner or operator that violates this subsection shall be subject to a civil fine as

set forth in Chapter 20.

800.8 The provisions of this chapter shall apply to public vehicles-for-hire other than taxicabs to the extent provided in this title.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3611 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 9970, 9971 (August 17, 2012); as corrected by Errata Notice published at 60 DCR 12218 (August 23, 2013); as amended by Final Rulemaking published at 62 DCR 2561 (February 27, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 800

31 DCMR § 801 PASSENGER RATES AND CHARGES

801.1 No person regulated by this title shall charge a rate, charge, or fare for taxicab service in the District in excess of the amounts established by this section. Notwithstanding any other provision of this title, a DTS provider may elect to offer dynamic street hail pricing based on a discount on the total amount of all rates and charges established by this section for rides booked by street hail or by telephone dispatch (if the provider is a taxicab company registered to provide telephone dispatch under Chapter 16), consistent with an applicable administrative issuance. A dynamic street hail discount may be in any amount up to one hundred percent (100%).

801.2 No person regulated by this title shall charge any amount for a taxicab trip before service is rendered.

801.3 No person regulated by this title shall participate in providing taxicab service where any person regulated by this title manually enters any amount into any device, other than an authorized additional charge under § 801.7(b), or a gratuity, if any.

801.4 Each taxicab company, independent owner, and taxicab operator shall charge the taximeter fare, except for hourly contracts pursuant to § 801.7(a)(4), and shall accept only cash, cashless payments, and vouchers.

801.5 Each taxicab company, independent owner, taxicab operator, payment service provider (“PSP”), and digital dispatch service shall charge only the applicable taxicab fare established by § 801.7 and shall use only the equipment specified in § 801.6 to process payments.

801.6 The equipment used by taxicab operators to process payments shall be as follows:

(a) The taximeter shall be engaged for each trip by taxicab, regardless of whether the trip is booked by street hail, telephone dispatch, or digital dispatch.

(b) If a taxicab trip is booked through a street hail, a telephone dispatch, or a DDS which does not process digital payments, the operator shall use the vehicle’s MTS unit to process an in-vehicle payment for the entire trip and shall not use any other device.

(c) If a taxicab trip is booked through a DDS which processes digital payments, the operator shall process the payment according to the passenger’s choice of payment method (digital payment or in-vehicle payment), provided however, that the operator shall only accept a digital payment processed through the digital payment solution (app) provided by the DDS and shall not use the vehicle’s MTS unit to process an in-vehicle payment except where the DDS and the PSP have an integration agreement approved by the Office pursuant to Chapter 4 to ensure compliance with all provisions of Chapters 4 and 6 applicable to both the DDS and the PSP, including collection and reporting of trip data, and collection and payment to the District of the passenger surcharge.

801.7 Taxicab fares shall be as follows:

(a) Each taximeter fare shall consist only of the time and distance charges, and authorized additional charges provided in this subsection, as applicable.

(b) The hourly contract rate for a taxicab trip booked on a time basis by advance contract shall be thirty-five dollars ($35) for the first one (1) hour or fraction thereof, and eight dollars and seventy-five cents ($8.75) for each additional fifteen (15) minutes or fraction thereof, without regard to distance. No additional charges are authorized.

(c) Fare for trips booked by a street hail, a telephone dispatch or a digital dispatch by a DDS that does not process digital payments (in-vehicle payment only) shall be as follows:

(1) The time and distance charges that shall be generated automatically by the taximeter for a taxicab trip booked by street hail, by telephone dispatch, or by digital dispatch through a DDS that does not process digital payments, are established as follows:

Minimum fare (flag drop rate): four dollars ($4.00) for entry and the first one-eighth (1/8) of a mile.

Distance (after the first one eighth (1/8) of a mile):

General distance rate: two dollars and fifty-six cents ($2.56) per mile (or thirty-two cents ($0.32) per one-eighth (1/8) of a mile); or

Special shared ride distance rate (available for digital taximeter systems only): one dollar and twenty cents ($1.20) per mile (or fifteen cents ($0.15) per one-eighth (1/8) of a mile).

Time (wait time):

Twenty-five dollars ($25) per hour, to be calculated in sixty (60)-second increments;

Time shall be charged when the vehicle is stopped, and when the vehicle is slowed to a speed of less than ten (10) miles per hour for longer than sixty (60) seconds;

Time shall be charged for delays and stopovers en route at the direction of the passenger;

Time shall not be charged during periods lost due to vehicle or operator inefficiency; and

If the vehicle is responding to a dispatch, time shall be charged beginning five (5) minutes after the time pickup was requested by the customer. There shall be no additional charge for early arrival.

(2) The authorized additional charges which shall be generated automatically by the taximeter for a taxicab trip booked by street hail, by telephone dispatch, or by digital dispatch through a DDS that does not process digital payments, are established as follows:

A fee for telephone dispatch, if any, which shall be two dollars ($2);

A taxicab passenger surcharge, which shall be fifty cents ($0.50) (per trip or per segment of a shared ride, and not per passenger);

A charge for delivery service where there is no passenger present shall be determined by an applicable administrative issuance or other document approved by the Department;

The amount of any airport surcharge or toll paid by the taxicab operator;

An additional passenger fee for each segment of a group or shared ride where more than one (1) passenger is present in the vehicle, which shall be one dollar ($1.00) regardless of the number of additional passengers (the total additional passenger fee shall not exceed one dollar ($1.00)), provided however, that no additional passenger fee shall be charged when the special shared ride distance rate applies; and

A snow emergency fare when authorized under § 804.

(d) Fare for trips booked by digital dispatch and paid by digital payment shall be as follows:

(1) Time and distance charges. The time and distance charges for a taxicab trip booked by a digital dispatch are established as follows: zero dollars ($0) regardless of the amount displayed on the taximeter.

(2) Authorized additional charges. The additional charges which shall be included in the taximeter fare for a trip booked by a digital dispatch are the following: zero dollars ($0) regardless of the amount displayed on the taximeter.

(3) DDS charges. The only charges, if any, which may be assessed to the passenger for a trip paid by digital payment shall be those charges billed directly to the passenger by the DDS, which shall not be displayed on the taximeter except as permitted or required by an applicable provision of this title, and which shall adhere to the requirements of § 1402.6, in the same manner and to the same extent as if the taxicab were a sedan, including the requirement that the District be paid the passenger surcharge in the manner required by this title.

801.8 Charges for group and shared rides shall be assessed as follows, and in the manner set forth in an applicable administrative issuance:

(a) For shared rides:

(1) In vehicles with digital meters: only one flag drop rate shall be charged, without regard to the number of destinations. Shared rides may be arranged through digital meters approved by the Department pursuant to § 602, which shall allow passengers to apportion the total fare in a manner that maximizes consumer choice and operator income pursuant to an administrative issuance; and

(2) In vehicles with legacy (non-digital) meters: as each passenger reaches his or her destination, the metered fare shall be paid by the passenger(s) leaving the taxicab, at which time there shall be a new flag drop and the passenger(s) remaining in the group shall pay in the same manner until the last passenger(s) arrives at his or her destination and the final metered taxicab fare is then paid. There shall be a new flag drop for each leg of the trip.

(b) For group rides booked by street hail, telephone dispatch, or digital dispatch, and paid through in-vehicle payment, the metered fare, including the additional passenger fee under § 801.7(c)(2)(E), shall be paid by the last passenger(s) leaving the taxicab.

(c) For group rides booked by digital dispatch and paid through digital payment, the fare shall be charged and paid consistent with all applicable requirements of this title applicable to a trip which is not a group ride.

801.9 [REPEALED].

801.10 Passengers accompanied by animals.

(a) Service animals.

A service animal (such as a guide dog, signal dog, or other animal trained to assist or perform tasks for an individual with a disability) accompanying a passenger shall be carried without charge.

(b) Animals other than service animals.

(1) When securely enclosed in a carrier designed for that purpose, small dogs or other small animals may accompany a passenger without charge. Other animals not so enclosed may be carried at the discretion of the operator.

(2) An operator may refuse to transport any passenger traveling with a small dog or other small animal if the operator presents to the passenger an exemption certificate from the Office that certifies that such operator suffers from a diagnosed medical condition, such as allergies, which prevents such operator from traveling with such small dogs or other animals;

(3) No operator shall have a personal pet or animal of any kind in a public vehicle-for-hire while holding the vehicle out for hire or transporting passengers; and

(4) An operator may request an exemption certificate from the Office that certifies that such operator suffers from a documented diagnosed medical condition, such as allergies, which prevents such operator him or her from traveling with such small dogs or other small animals securely enclosed in a carrier designed for that purpose. Without such exemption certificate, an operator may not refuse to transport any passenger traveling with a small dog or other small animal that is securely enclosed in such carrier. Each exemption certificate shall be on a form prescribed by the Office and notarized by an appropriately licensed medical professional (for example, a general practitioner or allergist). Each exemption certificate shall be renewed at each renewal of the DCTC operator’s license.

801.11 A device for the aid of a disabled person, such as a folding wheelchair, when accompanying a passenger with a disability, shall be carried without charge. There shall be no additional charge for loading or unloading such device.

801.12 Notwithstanding any other provision of this chapter, a person subject to licensing, registration, or regulation by the Department pursuant to this title or the Establishment Act, that participates in a pilot, grant, donation agreement, or other program, with the approval of the Department, or that engages in approved live field testing of an app pursuant to Chapter 16, shall use the rates and charges, if any, established or approved by the Department in connection with such pilot, grant, donation agreement, or other program, if any, in lieu of the rates and charges otherwise applicable pursuant to this subsection.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3611 (June 1, 1990); as amended by Final Rulemaking published at 53 DCR 854 (February 10, 2006); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 55 DCR 9738 (September 12, 2008); as amended by Final Rulemaking published at 57 DCR 9734 (October 15, 2010); as amended by Final Rulemaking published at 58 DCR 9046 (October 21, 2011); as amended by Final Rulemaking published at 59 DCR 3154 (April 20, 2012); as amended by Final Rulemaking published at 59 DCR 7504 (June 22, 2012); as amended by Final Rulemaking published at 60 DCR 7016 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10997 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 12501 (December 5, 2014); as amended by Final Rulemaking published at 62 DCR 6682 (May 22, 2015); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 65 DCR 7820 (July 27, 2018); as amended by Final Rulemaking published at 71 DCR 009638 (August 2, 2024). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 801

31 DCMR § 802 DTS AND DIGITAL METER RECEIPTS

802.1 Each taxicab providing service using a DTS unit or approved digital taximeter shall comply with this section.

802.2 At the end of the ride, the passenger shall be given a receipt as follows:

(a) If the ride was booked by ehail, the receipt shall be sent through the app used to book the ride; and

(b) If the ride was booked by street hail or telephone dispatch, the passenger shall be provided with a printed receipt.

802.3 Each receipt shall contain the following information:

(a) The taxicab owner’s name and telephone number;

(b) The taxicab’s PVIN number;

(d) The trip number;

(e) The date;

(f) The starting and ending times;

(g) The distance traveled;

(h) The amount paid by the passenger, showing the total fare and the gratuity, if any, and, if a DTS unit was used to process the payment, an indication of whether dynamic street hail pricing was used by the DTS provider, and, if so, the applicable discount;

(i) A depiction of the navigational path of the vehicle during the ride;

(j) Contact information for the Department; and

(k) Such other information about the ride that the Department may reasonably require through an administrative issuance.

802.4 The Department may issue an administrative issuance to allow or require operators to provide a DFHV ride code or other information to the passenger in lieu of or in combination with any of the requirements for receipts under this section, and to establish additional criteria for receipts for safety, consumer protection, and other reasonable purposes within the jurisdiction of the Department.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3612 (June 1, 1990); as amended by: Final Rulemaking published at 38 DCR 2148, 2149 (April 12, 1991); as amended by Final Rulemaking published at 43 DCR 4597, 4598 (August 23, 1996); as amended by Final Rulemaking published 46 DCR 5941, 5941-42 (July 16, 1999); as amended by Final Rulemaking published at 51 DCR 4101 (April 23, 2004); as amended by Emergency and Proposed Rulemaking published at 53 DCR 954 (February 10, 2006) [EXPIRED]; as amended by Final Rulemaking published at 53 DCR 1428 (February 24, 2006); as amended by Final Rulemaking published at 53 DCR 7981 (October 6, 2006); as amended by Final Rulemaking published at 53 DCR 10083 (December 22, 2006); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 62 DCR 8061 (June 5, 2015); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 802

31 DCMR § 803 REPEALED AND RESERVED

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3613 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 9970, 9973 (August 17, 2012); as amended by Final Rulemaking published at 60 DCR 7016 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10997 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 12501 (December 5, 2014); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 803

31 DCMR § 804 SNOW EMERGENCY FARES

804.1 During a snow emergency fare period, as may be declared by the Mayor or the Chairperson of the District of Columbia Taxicab Commission (Chairperson), a flat fee of fifteen dollars ($15) per trip originating in the District of Columbia shall be added to the metered fare.

804.2 Snow emergency fare periods shall begin at such times as the Mayor or the Chairperson makes a public announcement that snow emergency fares are authorized. The Chairperson shall make that announcement when informed by the Department of Public Works that it is necessary to dispatch snow plows. The Chairperson or the Mayor may also make an announcement under the following conditions:

(a) It is snowing and there has been significant accumulation of snow on the streets;

(b) The Metropolitan Police Department and the Department of Public Works have informed the Chairperson or the Mayor that hazardous driving conditions exist throughout the city; or

(c) Additional accumulation is predicted of such significant proportions that hazardous driving conditions are expected to persist for at least twelve (12) hours.

804.3 The public announcement shall be promulgated in accordance with established Commission procedures and communicated to the news media.

804.4 Snow emergency fare periods shall automatically expire twelve (12) hours after they are declared in effect unless the Mayor or the Chairperson determines during the first twelve (12) hour period that the snow emergency fare shall be effective for an additional fixed period.

804.5 If the original snow emergency fare period is extended, that decision shall be communicated in accordance with established Commission procedures.

804.6 REPEALED

804.7 Announcements concerning the snow emergency fare period shall be disseminated to all news media, the Metropolitan Police Department, and other appropriate organizations.

804.8 Each taxicab driver shall check regularly, during periods when the snow emergency fare may be in effect, with the news media, the Metropolitan Police Department, or the Office of Taxicabs, to determine whether the snow emergency fare is authorized.

804.9 Whenever the taxicab driver is to charge the snow emergency fare, upon the passenger entering the taxicab the driver shall inform the passenger that snow emergency fares are in effect and explain the fare.

804.10 During snow emergency periods, there shall be prominently displayed on the back of the front seat of the taxicab, and pointed out to the passenger by the driver, a sign in size and form prescribed by the Commission, which shall read as follows:

SNOW EMERGENCY FARE

DURING SNOW EMERGENCY FARE PERIODS, AS DECLARED BY THE MAYOR OR THE CHAIRPERSON OF THE DISTRICT OF COLUMBIA TAXICAB COMMISSION, PASSENGERS SHALL ADD A FLAT FEE OF FIFTEEN DOLLARS ($15.00) PER TRIP ORIGINATING IN THE DISTRICT TO THE METERED FARE, NOT INCLUDING ANY OTHER APPLICABLE EXTRA CHARGES OR SURCHARGES.

THE BEGINNING AND ENDING OF SNOW EMERGENCY FARE PERIODS WILL BE PUBLICIZED ON OR IN RADIO, TELEVISION, OR NEWSPAPERS AND ON THE TAXICAB COMMISSION WEBSITE.

IF DISPUTES ARISE, THE PASSENGER(S) SHALL PAY THE FARE STATED BY THE DRIVER AND THE DRIVER MUST FURNISH A RECEIPT. THE PASSENGER(S) MAY FILE A COMPLAINT IN WRITING WITHIN FIFTEEN (15) DAYS IN ACCORDANCE WITH THE STATEMENT OF PASSENGER RIGHTS POSTED IN THIS TAXICAB. THE COMPLAINT SHALL BE FILED WITH THE DISTRICT OF COLUMBIA TAXICAB COMMISSION.

804.11 Each taxicab operator shall maintain an adequate supply of snow emergency receipt forms, in size and form prescribed by the Office, and shall furnish that receipt, fully filled out, to any passenger requesting it.

804.12 Whenever there is a dispute the driver shall indicate that fact on the manifest by putting the letter "D" (for "Disputed") after the amount of the fare.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3613 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 3154, 3156 (April 20, 2012).

31 DCMR § 805 DISPOSITION OF DISPUTED SNOW EMERGENCY FARES

805.1 The provisions of this section shall govern the disposition of disputed snow emergency fares.

805.2 The passenger(s) disputing a snow emergency fare shall file a written explanation of the nature of the dispute, along with a copy of the receipt required by § 804.11, with the District of Columbia Taxicab Commission.

805.3 In the event the taxicab operator did not furnish a receipt as required, the passenger shall provide a statement to that effect in the written explanation required by § 805.

805.4 Upon receipt of the written dispute the Office of Taxicabs shall determine the validity of the dispute and take the appropriate steps to resolve the matter.

805.5 If the Office is unable to resolve the matter within thirty (30) days after receipt of the written complaint, the matter shall be forwarded to the Office of Administrative Hearings pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01, et seq. (2007 Repl.; 2011 Supp.)), for disposition as a complaint.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3615 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 9970, 9973 (August 17, 2012).

31 DCMR § 806 SURCHARGE ACCOUNTS FOR INDEPENDENT OWNERS OPERATING WITHOUT A DTS

806.1 Each independent owner may elect to provide service without a DTS if the owner:

(a) Uses one (1) meter app that is part of an approved DTS;

(b) Uses one (1) or more registered OPTs that are integrated with such app;

(c) Maintains a surcharge account as provided in this Section, unless all the OPTs selected by the owner have transfer account capability to ensure the OPT pays all collected passenger surcharges directly to the District; and

(d) Remains compliant with all other applicable regulations and laws.

806.2 Each owner who elects to provide service without a DTS is liable for all surcharges owed to the District.

806.3 Each surcharge account shall be administered as follows.

(a) The minimum account balance is twenty dollars ($20). DFHV shall deposit the minimum if the account is opened when the owner’s operator license (face card) is issued. Otherwise, the owner shall pay the minimum to open the account.

(b) If an account balance falls below the required minimum, DFHV shall promptly email a notice to the owner stating that:

(1) The owner must either: replenish the account; or close the account, pay all passenger surcharges owed, and obtain an approved DTS; and

(2) If the owner fails to comply within two (2) business days, the meter will be deactivated until the owner comes into compliance.

(c) Each account shall accrue interest at one percent (1%) annually. The remaining balance with accrued interest shall be paid to the owner when an account is closed.

(d) The burden shall at all times be on the owner to establish eligibility to operate under this Section, including by executing an application provided by the Department. Each application shall be granted or denied within two (2) business days.

806.4 The Department may post an administrative issuance concerning this Section.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3616 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 9970, 9974 (August 17, 2012); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 806

31 DCMR § 807 SMOKING PROHIBITED/CELL PHONE USE

807.1 No taxicab or public vehicle for hire operator shall smoke or permit smoking in a vehicle while a passenger is being transported, pursuant to the District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1703(5) (2008 Repl.)).

807.2 Each taxicab or public vehicle for hire shall display the international “No Smoking" symbol. The symbol shall be at least six inches (6 in.) in diameter and shall consist of a cigarette surrounded by a circle with a diagonal line.

807.3 Pursuant to the District of Columbia Distracted Driving Safety Act of 2004, effective March 30, 2004 (D.C. Law 15-124; D.C. Official Code § 50-1731.04 (2009 Repl.)), a taxicab or public vehicle for hire operator shall not use a mobile phone or other electronic device while operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory. This prohibition does not apply to the use of mobile phones for bona fide emergency calls as defined at D.C. Official Code § 50-1731.04(b) (2009 Repl.).

807.4 A taxicab or public vehicle for hire operator shall not use a mobile phone or other electronic device, with or without a hands-free device, while carrying a passenger in the vehicle, except in the event of bona fide emergency calls, as defined at D.C. Official Code § 50-1731.04(b) (2009 Repl.), and then only with a hands-free accessory.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3616 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 9970, 9974 (August 17, 2012).

31 DCMR § 808 GROUP RIDING AND SHARED RIDING

808.1 Group riding for pre-formed groups, as defined in § 899, is permitted at all times. No operator shall refuse to transport a pre-formed group at any time. Fares for group riding shall be calculated in accordance with § 801.8.

808.2 Shared riding, as defined in § 9901.1 is authorized under this chapter only at a shared riding location designated by the Chief of the Office in an administrative issuance issued pursuant to Chapter 7. An operator shall not pick up a passenger at a designated shared riding location except at the designated taxi stand nor discharge a passenger except at the designated discharge stand. Violations of this subsection are subject to a civil fine as set forth in Chapter 20.

808.3 Where shared riding is authorized in this chapter for Nationals Park, an operator shall not pick up a passenger except at the designated taxi stand nor discharge a passenger except at the designated discharge stand. Nationals Park shall conspicuously post the designated taxi stand and discharge stands. Violations of this subsection are subject to a civil fine as set forth in Chapter 20.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3617 (June 1, 1990); as amended by Final Rulemaking published at 44 DCR 7139 (November 21, 1997); as amended by Final Rulemaking published at 46 DCR 5941, 5942 (July 16, 1999); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 7504 (June 22, 2012); as amended by Final Rulemaking published at 60 DCR 7016 (May 17, 2013); as amended by Final Rulemaking published at 61 DCR 12507 (December 5, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 808

31 DCMR § 809 DIRECTIONAL SIGNS

809.1 Once the destination of the first passenger or first group of passengers to enter a taxicab has been determined pursuant to § 808, the driver may display a sign on the windshield which indicates the direction or location to be traveled.

809.2 No driver shall display any sign indicating the direction or location to be traveled until such time as a passenger has occupied the taxicab and the passenger's destination has been determined.

809.3 Directional signs displayed pursuant to this section shall be displayed at the bottom of the right half of the windshield so as to not obstruct the driver's vision. The signs shall be uniform in size and letters, and the letters shall be a minimum of two inches (2 in.) in height.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3618 (June 1, 1990).

31 DCMR § 810 DISPLAY OF SIGNS

810.1 Unless specifically provided in this title, the Office shall determine the content, size, form, and place where signs are to be displayed in or on taxicabs.

810.2 No signs or other matter shall be affixed to any taxicab except as may be authorized by the Office. This section shall in no way affect any sign, sticker, or the like required by other public authority.

810.3 This section shall not apply to exterior rooftop advertising signs displayed on taxicabs pursuant to the Taxicab Commercial Advertising Amendment Act of 1992.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3618 (June 1, 1990); as amended by D.C. Law 9-218 (D.C. Act 9-438) published at 40 DCR 556, 557 (January 22, 1993).

31 DCMR § 811 UNAUTHORIZED USE OF TAXICAB

811.1 A taxicab owner may file a written complaint with the Office of Taxicabs for unauthorized use of the vehicle when the lessee fails to return the vehicle to the owner after the expiration of the lease agreement or failure of the lessee to have a current insurance sticker.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3618 (June 1, 1990).

31 DCMR § 812 FILING OF LEASE AGREEMENT

812.1 The owner of each taxicab licensed in the District and leased to any person shall, within thirty (30) days of entering into the lease agreement, file with the Office of Taxicabs the following information on a form provided by the Office:

(a) Name, address, and telephone number of the registered owner of the vehicle;

(b) The lessee's name, address, telephone number, date of birth, identification card (face) number, and operator's permit number and issuing jurisdiction;

(d) The beginning and expiration dates of the lease agreement.

812.2 The owner shall also file a copy of the lease agreement with the form referred to in § 812.1.

History

SOURCE: Final Rulemaking published at 39 DCR 5132 (July 10, 1992).

31 DCMR § 813 ASSOCIATION OR FLEET CONSENT

813.1 An operator who provides service with a vehicle that displays on its exterior the name, logo, insignia, or other unique branding of a taxicab fleet or association shall obtain the consent of such taxicab fleet or association prior to the operator’s association with:

(a) A PSP, for thirty (30) days following the effective date of this rulemaking, if such fleet or association is providing credit card processing services to its associated operators; or after thirty (30) days following the effective date of this rulemaking, such fleet or association has filed an application or been approved as a PSP under Chapter 4; and

(b) A DDS, for thirty (30) days following the effective date of this rulemaking, if such fleet or association is operating a dispatch service limited to its associated vehicles; or after thirty (30) days following the effective date of this rulemaking, such fleet or association has filed an application or received operating authority as a DDS under Chapter 16.

History

SOURCE: Final Rulemaking published at 60 DCR 10997 (July 26, 2013).

31 DCMR § 814 DISPLAY OF IDENTIFICATION

814.1 The vehicle identification card (DCTC license) issued under § 31(d) of the License Act (D.C. Official Code § 47-2829(d) (2001)) shall be displayed at all times in the taxicab for which it is issued.

814.2 The vehicle identification card shall be carried in the taxicab and made available for inspection upon the request of any hack inspector or law enforcement personnel.

814.3 At all times when the taxicab is occupied by the driver; the original operator identification (Face) card issued to the driver pursuant to D.C. Official Code § 47-2829(e) (2005 Repl.; 2011 Supp.) shall be displayed in a bracket or receptacle of a type approved by the Commission and shall be firmly attached to the right sun visor so as to be visible to passengers.

814.4 At all times when the operator is not in the vicinity of the taxicab, the operator shall remove the operator identification (Face) card from the vehicle to prevent theft. For purposes of this section “vicinity” means within twenty-five feet (25 ft.) of the taxicab.

814.5 There shall be displayed in a suitable frame on the right side of the back of the front seat of each taxicab, in a position clearly visible to passengers, the passenger rights which shall display the tag number, the company, association, fleet or owner's name, and the taxicab number.

814.6 [Repealed] D.C. Law 9-218, 40 DCR 556, 557 (January 22, 1993).

814.7 No person shall possess, display, or present a counterfeit, copy, or altered official government issued operator identification (Face) card or a counterfeit, copy, or altered official government-issued taxicab vehicle identification (DCTC) card. It shall be a violation to make, duplicate, obtain, purchase, possess, display, or present a counterfeit, copy, or altered government issued operator identification (Face) card or a counterfeit, copy, or altered taxicab vehicle identification (DCTC) card. Penalties for violations may include suspension, revocation, or non-renewal of the operator or vehicle license and/or a fine as provided in the table of fines found at § 825 of this title.

814.8 Notwithstanding § 814.7, an operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued taxicab vehicle identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3619 (June 1, 1990); as amended by § 3 of the Taxicab Commercial Advertising Amendment Act of 1992, D.C. Law 9-218 (D.C. Act 9-438) published at 40 DCR 556, 557 (January 22, 1993); Final Rulemaking published at 40 DCR 7295 (October 15, 1993); Final Rulemaking published at 41 DCR 1855 (April 8, 1994); as amended by Final Rulemaking published at 59 DCR 9970, 9975 (August 17, 2012).

31 DCMR § 815 MESSAGE DELIVERY AND PARCEL PICK-UP

815.1 Taxicabs licensed under § 31(d) of the License Act (D.C. Official Code § 47-2829(d) (2001)) may engage in a pick-up and delivery service limited to messages and parcels; provided, that the service is subordinate to their primary obligation to transport passengers.

815.2 No taxicab driver shall refuse to transport any passenger while engaged in a pick-up and delivery service, unless the service fairly meets the test of an emergency (where time is of the essence) delivery. The burden of proof shall rest upon the driver to establish the emergency character of the service being rendered.

815.3 Each driver who undertakes to perform a pick-up and delivery service shall complete the delivery within a reasonable time, but in no event later than three (3) hours after receiving the item to be delivered.

815.4 Pick-up and delivery service shall be limited to the use of the trunk, front seat or front floor of the vehicle, unless the person who engages the service accompanies the articles to be transported. If the person who engages the service does not accompany the articles to be transported, the back seat of the vehicle shall be reserved solely for the transportation of passengers in accordance with the Commission's rules.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3619 (June 1, 1990).

31 DCMR § 816 STANDARDS OF CONDUCT; UNLAWFUL ACTIVITIES PROHIBITED

816.1 No operator of a public vehicle for hire, while performing duties and responsibilities as a licensed operator, shall commit or attempt to commit, alone or in concert with another, an act of fraud, misrepresentation, or larceny.

816.2 Examples of fraud, misrepresentation, or larceny include:

(a) Charging a fare other than the fare set by the Commission;

(b) Requesting, or participating in, adjustment of the tire size, driving axle, pinion gear, transducer, wiring, or other equipment, for the purpose of generating an inaccurate signal of time or distance into the taximeter;

(c) Receiving, purchasing, or using a device manufactured, sold, or installed, which is either designed to or does generate a false or inaccurate signal into the taximeter or which is not authorized by Title 31; and

(d) Entering fake or false entries into the manifest or any document or related record.

816.3 No public vehicle for hire operator shall use or permit any other person to use the vehicle for any unlawful purpose.

816.4 No public vehicle for hire operator shall conceal any evidence of a crime connected with the taxicab or public vehicle for hire.

816.5 A public vehicle for hire operator shall report immediately to the Commission, a hack inspector, or law enforcement personnel any attempt by a person to use a public vehicle for hire to commit a crime.

816.6 No public vehicle for hire operator or any person acting on his or her behalf shall file with the Commission any statement, including but not limited to statements required to be filed pursuant to these rules, which the operator knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

816.7 A public vehicle for hire operator or a person acting on the operator’s behalf shall notify the Commission in writing of his or her arrest for a crime within five (5) days of such arrest and shall deliver or cause to be delivered to the Commission a certified copy of the disposition of any arrest issued by the clerk of the court within five (5) days after the disposition.

816.8 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing of any material change in the information contained in the owner’s latest license application or renewal within five (5) days after the material change occurs or becomes known to the operator.

816.9 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing within twenty-four (24) hours after a suspension or revocation of a public vehicle for hire license granted to the licensee, or a person acting on the licensee’s behalf, by an agency of the District of Columbia, Maryland, Virginia, the federal government, or by a regional licensing authority.

816.10 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall actively or passively offer or give a gift, gratuity, or thing of value to an employee, representative, or member of the Commission, the District of Columbia or federal governments, or regional licensing authority. This shall include any overt or covert act, including the leaving of money or other tangible items of value within the vehicle that remain in plain view of the government or regional authority employee, member or representative, which shall create a rebuttable presumption that the act was intentional.

816.11 A public vehicle for hire operator, or a person acting on the operator’s behalf, during the scope of the operator’s or person’s employment with a company or association shall immediately report to the Commission and the Inspector General of the District of Columbia or a law enforcement officer a request or demand for a gift, gratuity, or thing of value to the operator or person acting on his or her behalf by an employee, representative, or member of the Commission, District of Columbia or federal government, or a regional licensing authority.

816.12 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall accept a gift, gratuity, or thing of value, from an individual or other person actually or purportedly acting on behalf of an owner or operator for the purpose of committing a violation of these rules.

816.13 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing within twenty-four (24) hours after any offer of a gift, gratuity, or thing of value prohibited by District laws, rules, and regulations, including Title 31 DCMR.

816.14 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall perform any willful act which endangers or is against the best interest, health, or safety of the passenger or public, even if not specifically prohibited by Title 31 DCMR or other District laws, rules, and regulations. Examples include, but are not limited to:

Aggressive driving;

Offensive or profane language or gestures;

Tailgating;

Demanding pre-payment or a tip from passenger;

Illegal driving maneuvers;

Impeding passenger exit from the vehicle;

Withholding a passenger’s luggage;

Spitting on a passenger or pedestrian; or

Demanding that a passenger leave the vehicle in an unsafe manner or location.

816.15 For each violation of this section a public vehicle for hire operator, or a person acting on the operator’s behalf, shall be subject to:

(a) The fines set forth in Chapter 20;

(b) Impoundment of the vehicle associated with the violation pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50-331 (2009 Repl. & 2011 Supp.));

(d) A combination of the sanctions listed in this subsection.

816.16 No person subject to regulation by the Department shall tamper with, damage, destroy, deface, vandalize, remove, modify, or in any way attempt to defeat or bypass equipment authorized or required by this title.

816.17 No person subject to regulation by the Department shall aid, abet, or be an accessory after the fact to a violation of § 816.16.

History

SOURCE: Final Rulemaking published at 59 DCR 9970, 9976 (August 17, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 816

31 DCMR § 817 THREATENING, HARASSING, OR ABUSIVE CONDUCT PROHIBITED

817.1 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall:

(a) Threaten, harass, or abuse a passenger, a Commission representative, civil or law enforcement personnel, government employee, another operator, or other person; or

(b) Use, threaten, or attempt to use physical force against a passenger, a Commission representative, civil or law enforcement personnel, government employee, or another operator or other person.

817.2 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall at all times cooperate with civil or law enforcement officers, including Hack Inspectors and other representatives of the Commission.

817.3 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives (including Hack Inspectors) and all other law enforcement personnel.

817.4 No public vehicle for hire operator shall fail or refuse to obey an order or directive of Commission personnel (including Hack Inspectors) and local or federal law enforcement personnel.

817.5 A taxicab or public vehicle for hire operator shall produce his or her original Commission license and other documents whenever directed by the Commission or civil or law enforcement personnel. A violation of this section shall represent a failure to obey as set forth in § 817.3.

817.6 For each violation of this section, a public vehicle for hire operator or a person acting on the operator’s behalf shall be subject to:

(a) The civil fine as set forth in Chapter 20;

(d) Remedial action to assure the safety of the public as a condition of re-instatement of a license after suspension or revocation, including but not limited to:

(1) Attending an anger management course;

(2) Cultural sensitivity training; or

(3) Re-taking the operator training course; or

(e) Any combination of the sanctions listed in this subsection.

817.7 In the sole discretion of the Commission, a public vehicle for hire operator subject to suspension or revocation for a violation of this section may be offered the opportunity to successfully complete a course of remedial action approved by the Commission in lieu of license revocation or suspension.

817.8 The cost of any course of remedial action required pursuant to §§ 817.6 or 817.7 shall be borne by the licensee.

817.9 A decision of the Commission to refuse an offer of remedial action in lieu of license revocation or suspension, or a determination by the Commission that an offered course of remedial action was not successfully completed, is not subject to appeal or review.

History

SOURCE: Final Rulemaking published at 59 DCR 9970, 9976 (August 17, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 817

31 DCMR § 818 DISCRIMINATION PROHIBITED

818.1 No public vehicle for hire operator, company, association, or fleet shall discriminate on the basis of any protected characteristic or trait, including race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family status, family responsibility, genetic information, political affiliation, disability, matriculation, or source of income, or place of residence or business.

818.2 Discriminatory conduct prohibited by this section includes, but is not limited to, the following:

(a) Not picking up a passenger on the basis of any protected characteristic or trait, including not picking up a passenger with a service animal;

(b) Requesting that a passenger get out of a taxicab on the basis of a protected characteristic or trait;

(d) Refusing a telephone or digital dispatch to a specific geographic area of the District; and

(e) Using dynamic street hail pricing in any manner that constitutes prohibited discrimination under this section or other applicable law.

History

SOURCE: Final Rulemaking published at 46 DCR 5941, 5942 (July 16, 1999); as amended by Final Rulemaking published at 59 DCR 9970, 9980 (August 17, 2012); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 818

31 DCMR § 819 CONSUMER SERVICE AND PASSENGER RELATIONS

819.1 No person shall solicit business for taxicabs on public streets or space, within or on the grounds of railroad stations, airports, bus stations, buildings or sidewalks.

819.2 No taxicab operator, or any person on his or her behalf, shall solicit business on behalf of any hotel, restaurant or other establishment, or attempt to divert patronage or business from any hotel, restaurant or other establishment in any manner whatsoever.

819.3 No taxicab operator shall loiter with a taxicab around or in front of any hotel, theater, public building, or place of public gathering, except to take on or discharge a passenger.

819.4 Taxicab operators shall, at all times when on duty and not engaged, furnish service on demand to any person, except as provided for in § 819.5.

819.5 No public or private vehicle-for-hire operator shall refuse to transport a person while holding his or her vehicle-for-hire, unless:

(a) Previously engaged;

(b) Unable or forbidden by the provisions of this title to do so;

(d) The operator has cause to fear injury to his or her person, property, or vehicle; or

(e) The passenger(s) is engaged in lewd, lascivious, or sexual behavior in the vehicle-for-hire at any time while the trip is in progress, after the operator has asked the passenger(s) at least once to stop the conduct.

819.6 Any taxicab occupying a taxicab stand shall be considered to be held for hire.

819.7 Any taxicab being operated on the streets shall be considered held for hire when:

(a) Not occupied by a passenger; or

(b) Not displaying an "On Call," "Off Duty," or "Out of Service" sign as authorized by the Commission's rules and regulations.

819.8 For the purposes of this chapter, a taxicab is not considered for hire when the following occurs:

(a) The operator ceases to hold his or her vehicle for hire and the "Off Duty" sign is displayed in accordance with the provisions of § 820;

(b) The driver is on call, has a previous appointment, or is engaged by the hour for the carriage of passengers or making an emergency delivery of a parcel or package and is displaying the "On Call" sign in compliance with the Commission's rules and regulations;

(d) The taxicab is disabled or faced with an emergency and the "Out of Service" sign is displayed in accordance with the Commission's rules and regulations; or

(e) During group riding and the passengers occupying the taxicab have not consented to the operator engaging in shared riding.

819.9 Except in shared riding, the operator shall not ask the destination of the passenger until the passenger is in the taxicab. A dispatcher shall not ask the destination of a passenger. If the dispatcher learns the destination of a passenger, that dispatcher shall not then convey the destination when dispatching an operator to pick up the passenger unless requested to do so by the passenger or the passenger has an emergency.

819.10 Once a trip has been accepted by a public or private vehicle-for-hire operator through a digital dispatch service, the vehicle-for-hire operator shall not fail to pick up the passenger or to complete the trip after the passenger has been picked up except for a bona fide reason not prohibited by § 819.5 or other applicable provision of this title. A violation of this subsection shall be treated as a refusal to haul pursuant to § 818.2 or 819.5. In addition, a violation of § 818.2 may be reported to the D.C. Office of Human Rights.

819.11 Each operator of a wheelchair accessible vehicle shall ensure that wheelchair passengers are properly secured using the vehicle’s wheelchair securement system, by providing assistance as necessary or if requested by the passenger. Notwithstanding the provisions of § 819.10, no operator shall be required to transport a wheelchair passenger who refuses to be properly secured by the vehicle’s wheelchair securement system.

819.12 Proof that an operator has failed to accept two (2) or more requests for service transmitted to the operator through the app of any DDS registered with the Department under Chapter 16, including but not limited to the DC TaxiApp, during the same two (2) hour period of any tour of duty, shall be treated as a refusal to haul under § 818.2 or § 819.5, unless the operator’s actions do not violate either: the District of Columbia Human Rights Act, D.C. Official Code § 2-1401.01, et seq., Title 4 of the D.C. Municipal Regulations, or any other applicable anti-discrimination law or regulation; or any policy maintained by the DDS.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3620 (June 1, 1990); as amended by § 3 of the District of Columbia Taxicab Commission Establishment Act of 1985 Amendment Act of 1994, effective September 22, 1994 (D.C. Law 10-171; 41 DCR 5149 (August 5, 1994)); as amended by Final Rulemaking published at 59 DCR 9970, 9981 (August 17, 2012); as amended by Final Rulemaking published at 62 DCR 8061 (June 5, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 3747 (March 11, 2016); as amended by Final Rulemaking published 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 819

31 DCMR § 820 ON-CALL AND OFF-DUTY SIGNS

820.1 Whenever a taxicab is proceeding to take on a passenger in answer to a telephone call or previous appointment, or is engaged by the hour for the carriage of passengers or making an emergency delivery of a parcel or package, the operator shall display a sign reading "On Call."

820.2 The "On Call" sign shall not be displayed unless the operator is engaged in the manner outlined in § 820.1. Whenever the "On Call" sign is displayed, the operator shall immediately enter on the manifest the time at which he and she went on call and the destination.

820.3 Whenever a taxicab operator ceases to be for hire and is proceeding to a place without intending to take on passengers, the operator shall display a sign reading "Off Duty" or "Out of Service," whichever is appropriate under these regulations, and turn off the cruising light. The operator shall enter on the manifest "Out of Service" or "Off Duty," and the time and location; provided, that the "Off Duty" sign shall not be displayed during rush hours between 7:00 a.m. and 9:30 a.m., and 4:00 p.m. and 6:30 p.m.

820.4 All "On Call," "Off Duty," and "Out of Service" signs shall be displayed at the bottom of the right half of the windshield so as not to obstruct the operator's vision. These signs shall be uniform in size and lettering, three inches by fifteen inches (3 in. x 15 in.) with letters two inches (2 in.) in height; provided, that the signs may be of a manufactured type and lighted from within, and may be smaller in dimension than three inches by fifteen inches (3 in. x 15 in.) when they have been approved by the Commission.

820.5 "On Call," "Off Duty," and "Out of Service" signs, when not in use, shall be placed and secured in the taxicab vehicle so they are not readily accessible to the operator while the taxicab vehicle is available for hire.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3622 (June 1, 1990).

31 DCMR § 821 TAXICAB STANDS

821.1 No taxicab shall be placed upon or occupy any taxicab stand except for the purpose of being held forth for hire. Taxicabs shall be placed on stands only from the rear and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs. It shall be within the passenger's discretion to determine which taxicab to engage on a taxi stand.

821.2 When a taxicab stand is occupied to its full capacity, no taxicab shall loiter or wait nearby for the purpose of occupying space on the stand. The operator of every taxicab occupying a stand shall stay within five feet (5 ft.) of his or her taxicab at all times.

821.3 In the event any taxicab on a taxicab stand attempts to leave, other taxicabs on the stand shall, if necessary, move so as to permit the taxicab to leave.

821.4 No taxicab stand shall be occupied by a taxicab in violation of regulations prohibiting parking, stopping, or standing on the street on which it is located during the hours 7:00 a.m. to 9:30 a.m., and 4:00 p.m. to 6:30 p.m. or during the existence of any snow or other emergency declared.

821.5 No public vehicle for hire shall loiter in front of a hotel, theater, public building or place of public gathering, or in the vicinity of a taxicab stand which is occupied to full capacity. Specifically, there shall be no stopping, except to either take on or discharge a passenger, or unnecessarily slow driving. A public vehicle for hire operator shall be subject to a fine as provided in Chapter 20.

821.6 No keeper or proprietor of a licensed hotel in the District of Columbia, or a person employed by or acting on his or her behalf, shall exclude a District-licensed taxicab operator from picking up passengers at a taxicab stand or other location where taxicabs are regularly allowed to pick up passengers on the hotel premises.

821.7 A posted taxicab stand may be occupied only by a District of Columbia-licensed taxicab that is available for hire.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3622 (June 1, 1990); as amended by Final Rulemaking published at 59 DCR 9970, 9981 (August 17, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 821

31 DCMR § 822 OPERATION OF PUBLIC VEHICLES FOR HIRE

822.1 No person shall be issued or allowed to renew a license for a public vehicle for hire vehicle identification (DCTC) card or operator identification (Face) card under D.C. Official Code §§ 47-2829(d) and (e) (2005 Repl. & 2011 Supp.)) unless that person has paid, together with the cost of the license; any outstanding assessment ordered by the Commission pursuant to D.C. Official Code § 50-320 (2009 Repl. & 2011 Supp.); all fines imposed for notices of infractions issued for violations of Commission rules or District traffic or parking regulations involving the operation of a public vehicle for hire; and all other outstanding taxes, fines, fees, penalties, or interest owed to the District in excess of one hundred dollars ($100) pursuant to D.C. Official Code § 47-2862 (2005 Repl. & 2011 Supp.). If the applicant has properly and timely filed an appeal of the assessment, taxes, fine, fees, penalties or interest and the appeal is still pending, the applicant shall be given temporary operating authority (a temporary license) pending disposition of the appeal.

822.2 Face cards.

No person shall counterfeit, make, duplicate, obtain, purchase, possess, display, or present a counterfeit, false, or altered official government issued operator identification (Face) card; a counterfeit, false, or altered official government issued public vehicle for hire identification (DCTC) card; or a temporary license issued pursuant to § 822.1. Penalties for a violation of this provision may include license suspension, revocation, or non-renewal, a fine as provided in Chapter 20, or both.

An operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued public vehicle for hire identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.

822.3 No person shall drive or be in physical control of a taxicab unless they have in their possession a valid identification card issued to them under D.C. Official Code § 47-2829(e) (2001 ed.) and a valid District of Columbia motor vehicle operator's permit or, for non-District residents or persons exempt from obtaining a District motor vehicle operator's permit, a valid motor vehicle operator's permit issued by a state that is a party to the Driver License Compact Act, D.C. Official Code §§ 50-1001 et seq. (2001 ed.).

822.4 It shall be the duty of the owner of a taxicab and their agent or lessee to prevent any person from driving a taxicab unless the person has in their possession a valid identification card issued to him or her and a valid District of Columbia motor vehicle operator's permit or, for non-District residents or persons exempt from obtaining a District motor vehicle operator's permit, a valid motor vehicle operator's permit issued by a state that is a party to the Driver License Compact Act.

822.5 The fact that any unlicensed person is driving a taxicab shall be prima facie evidence that they are doing so with the permission of the owner, agent or lessee.

822.6 In the event an operator's identification card is suspended or revoked subsequent to receiving authority from the owner, agent or lessee to operate a taxicab, the owner, agent or lessee shall be held to have knowledge of the fact if notice of the revocation or suspension shall have been published or given to him or her, by the Commission or another agency of government.

822.7 The Office of Taxicabs shall, by registered mail and within five (5) business days of a final decision of suspension, revocation, or non-renewal of a taxicab operator identification card, notify the association, corporation, organization, or person that maintains a taxicab lease or taxicab association or company membership agreement with the operator that the operator's privilege to operate a taxicab in the District of Columbia has been suspended, revoked, or not renewed.

822.8 The association, corporation, organization or person that maintains a lease with the operator shall, upon receipt of the notice required by § 822.6, terminate any lease agreement, written or otherwise, with the operator, and shall take reasonable steps to assure the return to the owner of any vehicle leased to the operator.

Duty to update DCTC with current information.

Every person holding an identification card shall maintain at the Office of Taxicabs their correct name, residence address and telephone number, and if affiliated with a company or association, the association, company, organization or owner for which they drive. In the event of any change in this information, the licensee shall inform the Office of the change within five (5) business days. The licensee may elect to provide this information by certified mail with return receipt requested or by hand delivery to the Office.

If the licensee delivers the information by hand delivery, the Office shall provide proof of filing to the licensee.

822.10 The operation of taxicabs shall be conducted in accordance with the laws of the District and with due regard for the safety, comfort and convenience of passengers, for the safe and careful transportation of property, and for the safety of the general public. All reasonable efforts shall be made to promote safety at all times and under all conditions.

822.11 No person shall drive a taxicab for hire when the operator does any of the following:

(a) Is not clean in dress or in person;

(b) Is not fully attired or is attired in such a manner as to give offense to the public; or

822.12 No person shall drive or be in physical control of any taxicab for the purpose of carrying passengers or parcels for a period in excess of twelve (12) hours in any twenty-four (24) hour period, unless the driving time is broken by a period of eight (8) continuous hours of rest. No taxicab shall be operated during a twenty-four (24) hour period for more than sixteen (16) hours.

822.13 No person shall drive a taxicab for any period of time which, when added to the period of time they have driven any vehicle other than a taxicab, totals more than twelve (12) hours in any twenty-four (24) hour period, unless the driving time is broken by a period of eight (8) continuous hours of rest.

822.14 No owner of a taxicab or their agent shall knowingly permit any taxicab owned by him or her to be driven in violation of §§ 822.11 or 822.12.

822.15 No taxicab shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides or to interfere with his or her control over the taxicab. No taxicab shall carry more adult passengers than the designed capacity of the vehicle, and no more children than can be seated comfortably on the seats.

822.16 Taxicab operators shall travel the most direct and reasonable route between the origin and destination of each trip, as reasonably determined by the operator. To the extent feasible, taxicab operators shall utilize a global positioning system (“GPS”) device or a smart phone containing a GPS function to determine the most direct and reasonable route. The operator, if at all possible or in instances where the operator is unsure of the route, shall accept direction from the passenger to travel a certain route to the destination.

822.17 No taxicab operator shall stop to load or unload passengers on the traffic side of the street, while occupying any intersection or crosswalk, or in such a manner as to unduly interfere with the orderly flow of traffic. All taxicab drivers shall pull as close to the curb or edge of the roadway as possible to take on or discharge passengers.

822.18 No taxicab operator shall stop or park a taxicab adjacent to any curb except as follows:

(a) While actually taking on or discharging passengers;

(b) When occupying a designated public vehicle stand for taxicabs;

(d) When not holding his or her vehicle for hire, in which event the identification card shall be removed from the taxicab and the driver shall be away from the taxicab on business of his or her own.

822.19 Each taxicab in service shall be kept clean both inside and out, including the trunk. The inside shall be kept in a sanitary condition and shall be swept and dusted thoroughly. The exterior shall be thoroughly cleaned.

822.20 Each operator of a taxicab shall, upon concluding taxicab operations for the day, make a diligent search of all parts of the taxicab for property left therein. The operator shall promptly turn in all property of any value to any police precinct station.

822.21 At the request of the passenger, a taxicab operator shall turn off or turn down the sound on a radio, other than the radio used for communications with a dispatcher.

822.22 Nothing shall be transported in any taxicab that will cause the interior of the vehicle to become soiled or offensive to passengers because of odor or appearance.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3623 (June 1, 1990); as amended by Final Rulemaking published at 41 DCR 5958 (August 19, 1994); as amended by Final Rulemaking published at 44 DCR 7686 (December 19, 1997); as amended by Final Rulemaking published at 52 DCR 11290 (December 30, 2005); as amended by Final Rulemaking published at 59 DCR 9970, 9982 (August 17, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 822

31 DCMR § 823 MANIFESTS

823.1 Each operator of a taxicab equipped with an MTS unit, and each operator of a black car, shall comply with the requirements of this Section 823 in effect on January 9, 2017 (allowing the use of either a paper or electronic manifest pursuant to the requirements of that section).

823.2 The operator of a taxicab equipped with a DTS unit shall use only the electronic manifest incorporated in the DTS unit to permanently record all for-hire activity by the vehicle during the most recent forty-eight (48) hours. Paper manifests are not permitted.

823.3 Each DTS electronic manifest shall contain the information required by § 802.3 for DTS receipts, the information required by the DC TaxiApp and by any other app with which the DTS is integrated, and the following:

(a) The date, time, and vehicle mileage each time the operator logs in or out; and

(b) The vehicle’s PVIN and “H” tag number.

823.4 No person shall alter or attempt to alter an electronic manifest maintained by a DTS unit or the DTS provider.

823.5 Each operator and owner of a vehicle equipped with a DTS unit shall make the electronic manifest available for inspection upon demand by a District enforcement official.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3626 (June 1, 1990); as amended by Final Rulemaking published at 50 DCR 3477 (May 2, 2003); as amended by Final Rulemaking published at 59 DCR 9970, 9983 (August 17, 2012); as amended by Final Rulemaking published at 61 DCR 12501 (December 5, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 823

31 DCMR § 824 SANCTIONS AND PENALTIES

824.1 A person that violates a Commission rule may, upon determination of liability, be subject to civil fines pursuant to Chapter 20 of this title or other sanctions pursuant to the Establishment Act as defined in Chapter 99 of this title and other applicable District of Columbia laws and regulations.

824.2 Penalties for violations of § 819 (Consumer Service and Passenger Relations) and § 821 (Taxicab Stands) shall be as provided in D.C. Official Code § 50-371 (2009 Repl.).

824.3 Penalties for violation(s) of D.C. Official Code § 47-2829(e)(1) (2001 ed.) may, in lieu of imposing a civil fine or other sanctions, be prosecuted pursuant to D.C. Official Code § 47-2846 (2001 ed.).

824.4 Any Metropolitan Police Officer, Hack Inspector or law enforcement official may remove the license plates (tags) and DCTC vehicle registration from any District licensed taxicab that is operated by an unlicensed operator. The tags and DCTC vehicle registration shall be deposited at the Commission and released only to the registered owner of record.

824.5 For each violation of this section, a public vehicle for hire operator or a person acting on the operator’s behalf shall be subject to:

The civil fines as set forth in Chapter 20 of this title;

(d) Remedial action, to assure the safety of the public, as a condition of re-instatement of a license after suspension or revocation, including but not limited to:

(1) Attending an anger management course;

(2) Cultural sensitivity training; or

(3) Re-taking the operator training course; or

(e) Any combination of the sanctions listed in this subsection.

824.6 Where a licensee is the subject of three (3) or more complaints resulting in findings of liability for civil infractions during any one year period, the Chairperson of the Commission, in the Chairperson’s sole discretion, may offer the licensee the option to successfully complete a course of remedial action in lieu of revocation or suspension of the license.

824.7 The cost of any course of remedial action pursuant to §§ 824.5 or 824.6 shall be borne by the licensee.

824.8 A decision of the Chairperson to refuse to make an offer of remedial action in lieu of license revocation or suspension of the license, or a determination that an offered course of remedial action was not successfully completed by the licensee, is not subject to appeal or review.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3627 (June 1, 1990); as amended by Final Rulemaking published at 43 DCR 6298 (November 22, 1996); as amended by Final Rulemaking published at 59 DCR 9970, 9984 (August 17, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 824

31 DCMR § 825 [RESERVED]

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3627 (June 1, 1990); as amended by Final Rulemaking published at 41 DCR 5958 (August 19, 1994); as amended by Section 3 of the District of Columbia Taxicab Commission Establishment Act of 1985 Amendment Act of 1994, effective September 22, 1994 (D.C. Law 10-171; 41 DCR 5149, 5150 (August 5, 1994)); as amended by Final Rulemaking published at 43 DCR 6959 (December 27, 1996); as amended by Section 3 of the Mandatory Use of Seat Belts Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-244; 44 DCR 1156 (February 28, 1997)); as amended by Final Rulemaking published at 45 DCR 8868 (December 11, 1998); as amended by Final Rulemaking published at 52 DCR 11291 (December 30, 2005); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 55 DCR 9738 (September 12, 2008); as amended by Final Rulemaking published at 59 DCR 9970, 9985 (August 17, 2012); as amended by Final Rulemaking published at 60 DCR 10997 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 6439 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 825

31 DCMR § 826 ENFORCEMENT OF THIS CHAPTER

826.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

History

SOURCE: Final Rulemaking published at 37 DCR 3595, 3630 (June 1, 1990); repealed and replaced by Final Rulemaking published at 59 DCR 9970, 9991 (August 17, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 826

31 DCMR § 827 PUBLIC VEHICLE FOR HIRE OPERATOR AND VEHICLE FEES

827.1 The following fees shall be applicable to the processing of applications for public vehicle for hire operator and vehicle licenses, testing, and requests for information:

APPLICABLE FEE ($)

Annual Public Vehicle for Hire Vehicle License

DCTC Vehicle License (Taxi and Limo)

$75 per year

Non-residency DCTC Taxicab Vehicle License

$100 per year

Annual Operator ID License

Hack License/Face Card

Limo License/Face Card

Taxi/Limo/Sedan Face Card

$250 for two (2) years

$300 for two (2) years

$550 for two (2) years

Duplicate

1st time

$100

All subsequent times

$150

Fingerprint Fee

$41.50

Not Valid for Hire License

$100

Duplication/copies

Records (per page)

$0.25

Information/Freedom of Information Act Requests

(Per Quarter Hour Charge per Request)

Search by personnel Grade 1-8

Search by personnel Grade 9-13

Search by personnel Grade 14+

$10

Pre-License Testing

1st Testing

$100

2nd and Additional Testing

$75

History

SOURCE: Final Rulemaking published at 41 DCR 7571 (November 18, 1994); as amended by Final Rulemaking published at 49 DCR 11562 (December 20, 2002); as amended by Fiscal Year 2010 Budget Support Act 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 294 (January 8, 2010)); as amended by Final Rulemaking published at 59 DCR 9970, 9991 (August 17, 2012); as amended by Final Rulemaking published at 61 DCR 3576 (April 4, 2014); as amended by Final Rulemaking published at 61 DCR 6436 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 827

31 DCMR § 828 RECIPROCITY WITH SURROUNDING JURISDICTIONS

828.1 Public vehicle for hire operators and vehicles properly licensed in jurisdictions outside of the District of Columbia, including but not limited to Arlington County, Fairfax County, or the City of Alexandria in Virginia or Montgomery County and Prince George’s County in Maryland may pick up passengers in the District for transport directly to their respective jurisdiction of licensure only under the following circumstances:

(a) Public vehicles for hire licensed outside of the District of Columbia will be permitted to enter the District of Columbia to pick up passengers on a prearranged basis. Public vehicles for hire shall pick up passengers on a prearranged basis only. Street hails and the use of taxicab stands is strictly prohibited;

(b) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the purpose of discharging passengers may, at the destination of the discharged passenger(s), pick up and directly transport passengers to the jurisdiction where such taxicabs are licensed. Street hails and the use of taxicab stands is strictly prohibited;

(c) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the purpose of discharging passengers are not permitted to transport passengers within the District of Columbia;

(d) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the discharge of passengers shall return immediately and directly to their respective jurisdiction of licensure without cruising, parking, loitering, or soliciting passengers in the District; and

(e) Dispatchers (including electronic, internet and other computer-based applications and services) shall only dispatch an operator of a public vehicle for hire licensed outside of the District of Columbia to pick up in the District of Columbia while the driver is in his or her licensing jurisdiction. The dispatching of a public vehicle for hire unlicensed in the District, while in the District to another District location is strictly prohibited.

828.2 A public vehicle for hire vehicle owner and operator shall ensure that a manifest entry of each trip authorized by § 828.1 is entered prior to the start of the trip in a log carried in the vehicle. The manifest entry of each trip shall be written legibly in ink, or maintained in an electronic device which can print out a copy when requested, and include the following information:

(a) The passenger’s name and address of pick-up;

(b) The time of scheduled pick-up of passenger;

(d) The time of completion of the trip; and

(e) The amount of the fare.

828.3 For prearranged and dispatched trips the information required by §§ 828.2(a) through (c) shall be recorded in the manifest prior to the public vehicle for hire entering the District.

828.4 The manifest required by § 828.2 shall be kept in the vehicle during trips and shall be subject to inspection by any Hack Inspector, law enforcement official, or other person authorized by the Commission. Failure to present such a manifest maintained in the manner prescribed by § 828.2 when requested by a Hack Inspector, law enforcement official, or other person authorized by the Commission shall be presumptive evidence of unlicensed operation in violation of the Commission's rules, including failure to obey, unlicensed operator (non-resident), and unlicensed vehicle (non-resident).

828.5 The manifest required by § 828.2 shall be maintained and available for a period of two (2) years. The manifest shall be provided to the Commission upon request and to any Hack Inspector, law enforcement official, or other person authorized by the Commission.

828.6 A public vehicle for hire owner is responsible for each driver who operates his or her vehicle as his or her agent and acknowledges that his or her driver may accept service of notices of infractions or summonses from a Hack Inspector, law enforcement official, or other person authorized by the Commission. Such acceptance shall accomplish service of process to the vehicle owner.

828.7 A public vehicle for hire not properly licensed to operate in the District or operated in noncompliance with this section may be booted, impounded, and towed.

828.8 An individual who has been issued a public vehicle-for-hire license by a jurisdiction within the Washington Metropolitan Area other than the District ("non-District operator"), or any unlicensed individual, who violates a provision of this section is subject to fine and penalty for unlicensed operator (non-resident) and unlicensed vehicle (non-resident) and is subject to the fine and penalty set forth in Chapter 20, impoundment of the vehicle or, upon conviction, imprisonment for not more than ninety (90) days pursuant to D.C. Official Code § 47-2846. A non-District operator whose privilege to operate in the District within the limited authority provided by this section has been suspended or revoked under § 710 shall be considered an unlicensed operator who is operating an unlicensed vehicle.

828.9 For the purposes of this section, the term:

(a) “Prearranged” means the passenger has requested the public vehicle for hire operator for transport or has asked an on-duty employee of a District-licensed hotel operator to make such a request.

(b) “Soliciting” means an effort made to obtain a passenger or passengers in a manner that is in violation of §§ 819.1 and 819.2.

(c) “Loitering” also includes the failure of a driver, while in service, to proceed directly to the prearranged destination to service a trip permitted by this section or return directly to his or her licensing jurisdiction.

History

SOURCE: Final Rulemaking published at 45 DCR 3813 (June 12, 1998); as amended by Final Rulemaking published at 59 DCR 9970, 9992 (August 17, 2012); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 828

31 DCMR § 899 [REPEALED]

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 60 DCR 7016 (May 17, 2013); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 899

31-9 INSURANCE REQUIREMENTS FOR PUBLIC VEHICLES-FOR-HIRE

31 DCMR § 900 APPLICATION AND SCOPE

900.1 The insurance requirements of this chapter shall apply as follows:

(a) This chapter shall apply to each taxicab owner or operator and to each owner or operator of a public vehicle for hire, except for Washington Metropolitan Area Transit Authority vehicles; and

(b) It shall be unlawful to operate a taxicab or public vehicle for hire in the District of Columbia unless and until there shall have been filed with and accepted by the Office of Taxicabs (Office) evidence that the vehicle is covered by the following:

(1) A surety bond;

(2) Liability insurance in a surety or insurance company authorized to do business in the District of Columbia; or

(3) A sinking fund created and maintained pursuant to the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-314 (2009 Repl.)), conditioned for the payment to any person of any legal obligation of, or judgment recovered against, any owner of the vehicle, for death or for injury to any person or damages to any property, or both, arising out of the ownership, maintenance, or use of the vehicle by any person for any purpose within the United States.

900.2 Each insurance policy or bond shall provide minimum coverage by a surety or insurer for the payment of any judgment recovered against the owner of any vehicle, the minimum coverage on any one (1) judgment to be ten thousand dollars ($10,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, and on all judgments recovered upon claims arising out of the same subject of action the minimum coverage shall be twenty thousand dollars ($20,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, to be apportioned rateably among the respective creditors according to the owner’s legal obligations to them.

900.3 Each insurance policy form shall be approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office.

900.4 Each bond shall be in a form approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office and shall contain a description of each vehicle covered by the bond, including the name of the vehicle’s manufacturer and the vehicle identification number.

900.5 Each insurance policy or bond shall have attached to it an endorsement prescribed by the Office.

900.6 If an owner elects to take out a blanket insurance policy or a blanket bond, or to create and maintain a sinking fund, the owner shall first satisfy the Commissioner of the Department of Insurance, Securities and Banking that he or she is in possession of, and will continue to be in possession of, financial ability to pay judgments obtained against him or her.

900.7 Each owner creating and maintaining a sinking fund shall file with the Commissioner of the Department of Insurance, Securities and Banking a certificate of sinking fund coverage containing a description of each vehicle covered by the sinking fund, including the name of the vehicle’s manufacturer and the vehicle identification number, on a form provided by the Commissioner of Insurance, Securities, and Banking. All changes shall be in writing and filed promptly with the Commissioner of the Department of Insurance, Securities and Banking.

900.8 An owner who has elected to create and maintain a sinking fund may not terminate the fund except by written application to, and written approval of, the Commissioner of the Department of Insurance, Securities and Banking.

900.9 Compliance with Subsections 900.6-900.8 of this chapter shall be evidenced in one (1) of the following manners:

(a) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, for each vehicle, a certificate of insurance in the form prescribed by the Commissioner of the Department of Insurance, Securities and Banking;

(b) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, a bond issued by the Commissioner of the Department of Insurance, Securities and Banking; or

(c) By depositing with the D.C. Treasurer (who shall serve as trustee) cash or securities of the United States Government as a sinking fund.

900.10 The trustee of a sinking fund shall not be obligated to pay interest upon funds deposited with him or her.

900.11 Failure of a taxicab operator or operator of a passenger vehicle for hire to have current insurance is an offense subject to a civil fine as set forth in Chapter 20 and impoundment of the taxicab vehicle pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50 -331 (2014 Repl. & 2015 Supp.)).

900.12 Each operator of a public vehicle-for-hire shall carry a hard copy, or electronic or digitally-produced insurance identification card or insurance policy, displaying proof of current insurance, in his or her name, in each vehicle he or she operates that is licensed under the provisions of D.C. Official Code § 50-314 (2016 Supp.) at all times. The Department may issue an administrative issuance approving the forms of digital and electronic information acceptable as proof of insurance under this subsection. Failure to have current proof of insurance in his or her possession is a violation of this section subject to the penalties provided in § 907.

900.13 No certificate of insurance or surety bond shall be accepted from an insurance company or corporate surety unless there is on file with the Office a valid and true copy of a certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.

900.14 No insurance identification cards shall be issued by an insurance company or corporate surety unless there is on file with the Office a true copy of the certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.

History

SOURCE: 14 DCRR §§ 410.1 through 410.5, and 420.1 through 420.5, Special Edition (January 10, 1975); as amended by Final Rulemaking published at 45 DCR 2354 (April 17, 1998); as amended by Final Rulemaking published at 58 DCR 9847 (November 18, 2011); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 782 (January 27, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 900

31 DCMR § 901 NOTICE OF CANCELLATION

901.1 Notice of cancellation of insurance or bond shall be given in writing to the Commissioner of the Department of Insurance, Securities, and Banking and the Office on a form provided by the Office.

901.2 [REPEALED]

901.3 Five (5) days' notice of cancellation shall be given for nonpayment of premium; and twenty (20) days' notice shall be given when cancellation occurs for any other reason.

901.4 Cancellation shall be effective at 12:00 midnight on the fifth (5th) day following the date of receipt by the Office of notice of cancellation for nonpayment of premium, and at 12:00 midnight on the twentieth (20th) day following the date of receipt by the Office of notice of cancellation for any other reason. Cancellation of insurance shall be effective at 12:00 midnight on the last day of the calendar month for which the premium is paid unless the policy is renewed by payment of the premium for the next following calendar month, in-advance.

901.5 The notice shall be on a form as provided by the Office and shall be effective 12:00 midnight on the tenth (10th) day following the receipt of notice by the Office.

901.6 Sinking fund coverage shall also cease when a member, authorized by the Chairperson of the District of Columbia Taxicab Commission to do so, has changed the name, logo, insignia and identity lettering on any vehicle or vehicles for operation in another association or independently, and has filed with the Office a certificate of insurance or bond, or evidence of sinking fund coverage, if any, by the association to which his or her vehicle has, or vehicles have been, transferred.

901.7 Withdrawal of notice of cancellation of insurance or bond shall be made on a form provided by the Office. A separate withdrawal of notice of cancellation for each vehicle shall be given on a form approved by the Commissioner of the Department of Insurance, Securities and Banking.

901.8 Withdrawal of notice of cancellation shall be valid and acceptable to the Office only if filed on or before the date of cancellation. If withdrawal of notice of cancellation is not filed within the time prescribed, a new certificate of insurance or bond shall be filed.

History

SOURCE: 14 DCRR §§430.1 through 430.3, Special Edition (January 10, 1975); as amended by Notice of Final Rulemaking published at 58 DCR 9847, 9850 (November 18, 2011); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013).

31 DCMR § 902 [REPEALED]

History

SOURCE: 44 DCR 2354 (April 17, 1998).

31 DCMR § 905 INSURANCE COMPANIES

905.1 No insurance company or corporate surety shall engage in or conduct the business of insuring or bonding any risk arising out of the operation of a taxicab or public vehicle for hire unless the company is authorized to do business in the District and possesses a certificate of approval issued by the Commissioner of the Department of Insurance, Securities, and Banking.

905.2 Each insurance company or corporate surety insuring or bonding any risk arising out of the operation of a taxicab or public vehicle for hire shall comply with the rules and regulations pertaining to insurance companies promulgated by the Commissioner of the Department of Insurance, Securities, and Banking and published in chapter 37 (Captive Insurance Companies) of subtitle 26 (Insurance) of title 26 (Insurance, Securities and Banking) the DCMR.

History

SOURCE: 14 DCRR §§440.2 and 440.3, Special Edition (January 10, 1975); as amended by Notice of Final Rulemaking published at 58 DCR 9847, 9850 (November 18, 2011).

31 DCMR § 906 ACCIDENTS

906.1 Each owner shall give to the Office immediate notice by telephone of each accident occurring within the District of Columbia accompanied by loss of human life or serious personal injury without loss of human life, arising directly or indirectly from or concerned with the maintenance or operation of any vehicle of the owner. If the accident occurs during other than official working hours of the Office, the notice shall be given as soon as possible thereafter.

906.2 A written report of an accident involving loss of human life or personal injury shall be filed with the Office by the vehicle owner within three (3) business days after the occurrence of each accident. The report shall be made in a form as prescribed by the Office and shall include a copy of any Metropolitan Police Department, law enforcement, or incident report.

906.3 Each accident attended with loss of human life or personal injury without loss of human life shall be reported immediately to the insurance carrier by the owner. All other accidents shall be reported by the owner to the insurance carrier within three days (3) after the occurrence of the accidents.

906.4 Each operator of a public vehicle for hire shall give immediate notice to the owner, company, partnership, or association under whose name, logo or insignia the vehicle is being operated, of each accident accompanied by loss of human life or personal injury, arising directly or indirectly from or connected with the maintenance or operation of the vehicle.

906.5 Each owner shall file with the Office before the tenth (10th) day of each month a monthly summary of all accidents which occurred in connection with the maintenance or operation of a taxicab or public vehicle for hire of the owner, including any record of criminal, civil, or administrative court action, or civil settlement entered into by the owner, or on his or her behalf.

History

SOURCE: 14 DCRR §440.4, Special Edition (January 10, 1975); as amended by Notice of Final Rulemaking published at 58 DCR 9847, 9851 (November 18, 2011); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013).

31 DCMR § 907 PENALTY

907.1 A violation of this chapter shall be subject to:

(a) The fines as set forth in Chapter 20;

(b) Impoundment of the vehicle pursuant to the provisions of the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50-331 (2009 Repl. & 2011 Supp.));

(d) Any combination of the sanctions listed in this subsection.

History

SOURCE: 14 DCRR § 450.1, published as a Special Edition (January 10, 1975); as amended by Final Rulemaking published at 58 DCR 9847, 9851 (November 18, 2011); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 907

31 DCMR § 908 ENFORCEMENT OF THIS CHAPTER

908.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 908

31 DCMR § 999 [REPEALED]

History

SOURCE: 14 DCRR §400.2, Special Edition (January 10, 1975); as amended by Final Rulemaking published at 58 DCR 9847, 9851 (November 18, 2011); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 999

31-10 PUBLIC VEHICLES FOR HIRE

31 DCMR § 1000 GENERAL REQUIREMENTS

1000.1 No individual shall operate a public vehicle-for-hire in the District unless such individual has a valid DCTC operator’s license (face card), the vehicle has a valid DCTC vehicle license, and the operator and vehicle are in compliance with all applicable provisions of this title and other applicable laws.

1000.2 Notwithstanding the provisions of § 1000.1, a valid DCTC operator’s license (face card) and valid DCTC vehicle license shall not be required where the operator is in strict compliance with the applicable provisions of § 828 (reciprocity regulations).

1000.3 No person shall operate or permit to be operated any vehicle used for sightseeing purposes unless a certificate permitting that use is issued by the Chairperson of the District of Columbia Taxicab Commission.

1000.4 For the purposes of this chapter, the term "Chairperson" shall mean the Chairperson of the District of Columbia Taxicab Commission or his or her duly authorized agent, representative, or designee.

1000.5 The Chairperson shall administer and enforce the provisions of this chapter and shall promulgate rules necessary for its administration, and shall prescribe and shall provide suitable forms required by or considered necessary to accomplish the purposes of this chapter.

1000.6 The Chairperson shall maintain records which he or she may consider suitable or required to carry out the purposes of this chapter.

1000.7 No person shall file or otherwise make any false statements to the Chairperson pursuant to the provisions of this chapter.

1000.8 Any person who violates a provision of this chapter shall, upon conviction, be subject to the fine or penalty as provided in Section 1017 of this chapter and Chapter 20.

1000.9 Any order or act of the Chairperson shall, under the provisions of this chapter, be subject to review by the District of Columbia Office of Administrative Hearings. Application for review of any order or act shall be made in accordance with the rules prescribed by the District of Columbia Office of Administrative Hearings.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as published at 32 DCRR §§ 10.103, 10.104, 10.706, 10.707, and 10.708, Special Edition; as amended by Final Rulemaking published at 34 DCR 4451, 4453 (July 10, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3159 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1000

31 DCMR § 1001 ELIGIBILITY FOR A HACKER'S LICENSE

1001.1 The Chairperson shall not issue any license under this chapter to any person who is under eighteen (18) years of age.

1001.2 The Chairperson shall not issue any license under this chapter to any person who is unable to read, write, and speak the English language.

1001.3 The Chairperson shall not issue any license under this chapter to any person who is covered by diplomatic immunity.

1001.4 The Chairperson shall not issue any license under this chapter to any person who does not possess a valid District motor vehicle operator's permit (See: Title 18, DCMR) or, for non-District residents or persons exempt from obtaining a District motor vehicle operator's permit, a valid motor vehicle operator's permit issued by a state that is a party to the Driver License Compact.

1001.5 The Chairperson shall not issue a license under this chapter to a person who has a physical or mental disability or disease which might make him or her an unsafe driver of a public vehicle for hire.

1001.6 The Chairperson shall not issue a license under this chapter to a person who has not successfully completed the operator education course and who has not successfully passed the written examination administered by the Commission.

1001.7 The Chairperson shall not issue any license under this chapter to any person employed by a federal or District agency with a published or written policy that forbids the employee from operating a public vehicle for hire.

1001.8 The Chairperson shall not issue a license under this chapter to an employee of the Commission whose employment is concerned directly with the issuance of licenses to operate public vehicles for hire or enforcement of the laws, rules, and regulations related to the operation of motor vehicles or public vehicles for hire.

1001.9 The Chairperson shall not issue nor renew a license under this chapter to a person who has not, immediately preceding the date of application for a license, been a bona fide resident for at least one (1) year of the multistate area (“MSA”), and has not had at least one (1) year’s driving experience as a licensed vehicle operator within the MSA during such one (1) year period.

1001.10 The Chairperson shall not issue any license under this chapter to any person if the Chairperson has good cause to believe that the applicant, by reason of physical or mental disability, would not be capable of safely operating a public vehicle.

1001.11 The Chairperson shall not issue nor renew a license under this chapter to a person who has been convicted of offenses against traffic regulations of the District of Columbia or any jurisdiction with a frequency or of such severity as to indicate a disrespect for traffic laws, that fact being established by the point system described in § 303 of title 18 DCMR, or for a serious traffic offense or offenses which indicate a disregard for the safety of other persons or property. Applicants with eight (8) or more points on their license from any jurisdiction will not be issued a new or renewal license.

1001.12 The Chairperson shall not issue nor renew a license under this chapter to a person who, in the judgment of the Chairperson, is not of good moral character, under the standards provided in § 1001.13 through 1001.15.

1001.13 An applicant shall not be considered of good moral character if he or she is any of the following:

(a) An alcoholic;

(b) Addicted to the use of drugs; or

(c) On parole or probation at the time of the filing of his or her application for a license, except as provided in § 1001.14.

1001.14 Notwithstanding the provisions of § 1001.13, if an applicant is on parole or probation that arose out of a conviction other than those listed in § 1001.15, the parolee’s or probationer’s application may be considered for approval by the Chairperson if a letter from the appropriate parole or probation officer is submitted with the application affirmatively expressing his or her recommendation and support for the issuance of a hacker’s license to the applicant.

1001.15 An applicant shall not be considered of good moral character if he or she has been convicted of or has served any portion of a sentence for the following crimes, or an attempt to commit any of the following crimes, within the three (3) years immediately preceding the filing of the application:

(a) Murder, manslaughter, mayhem, malicious disfiguring of another, abduction, kidnapping, burglary, theft, breaking and entering, robbery, or larceny;

(b) Assault with the intent to commit any offense punishable by imprisonment in the penitentiary;

(d) A sex offense; or

(e) A violation of the narcotic laws, except simple narcotics possession without intent to distribute (misdemeanor) or possession of drug paraphernalia.

1001.16 The Office shall not issue a DCTC accessible vehicle identification (“AVID”) operator’s license unless the applicant has completed training on interfacing with persons with disabilities, operating mobility equipment, passenger assistance techniques and operating wheelchair accessible vehicles, as required by the Office in an administrative issuance, instruction, or guidance.

History

SOURCE: 32 DCRR §§ 10.201 and 10.202, Special Edition; as amended by Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as amended by Final Rulemaking published at 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 35 DCR 8142a, 8142b (November 18, 1988); as amended by Final Rulemaking published at 59 DCR 3158, 3159 (April 20, 2012); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by the Vehicle-for-Hire Innovation Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-197; 61 DCR 12430 (December 5, 2014)); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1001

31 DCMR § 1002 APPLICATION FOR A HACKER'S LICENSE

1002.1 Each application for a hacker's license shall be made on a form provided by the Chairperson.

1002.2 Each application shall set forth the applicant’s full lawful name (including middle name, or names, if any and any other names by which the applicant has been known), date of birth, sex, social security number, residence, and other information that the Chairperson may require to determine the applicant’s identity, competency, bona fide residency and eligibility, including a record of all criminal and traffic charges entered against the applicant in the District and elsewhere and local and federal income tax filings.

1002.3 Each application should be accompanied by two (2) new full face and one (1) profile head and shoulders photographs, size one and three-quarter inches by one and seven-eighths inches (1 in. x 1 in.).

1002.4 Each application shall also be accompanied by three (3) sheets of fingerprints of the applicant taken at the headquarters of the Metropolitan Police Department. One (1) sheet of fingerprints shall be furnished to the Federal Bureau of Investigation (FBI).

1002.5 Each application shall also be accompanied by individual letters from the applicant's most recent employer and from at least three (3) responsible residents of the Metropolitan Area who are engaged in a business or profession, who have known the applicant for a period of at least one (1) year, and who shall vouch for the sobriety, honesty, and general good character of the applicant. Each letter shall include the signature and the current address of the writer.

1002.6 [REPEALED].

1002.7 [REPEALED].

1002.8 The Chairman may retain a portion of the license fee, not to exceed twenty-five percent (25%), for the administrative costs of processing applications that are denied after intake and processing.

1002.9 A false statement made in the application may result in denial of application for licensure or subsequent suspension or revocation of the license once issued.

1002.10 [REPEALED].

History

SOURCE: 32 DCRR § 10.203, Special Edition; as amended by Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as amended by Final Rulemaking published at 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3161 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1002

31 DCMR § 1003 HEALTH REQUIREMENTS

1003.1 Each application (including a renewal application) shall be accompanied by a certificate from a licensed physician who is a resident of the MSA, certifying that, in, the opinion of that physician, the applicant does not have a physical or cognitive disability or disease which might make him or her an unsafe driver of a public vehicle-for-hire.

1003.2 The form of the physician's certificate shall be prescribed by the Chairperson and shall provide for any additional information relating to the applicant's past or present medical history as the Chairperson may consider necessary.

1003.3 The certificate shall be executed by the certifying physician within thirty (30) days of the date of filing of the application.

1003.4 Each application (including a renewal application) shall also be accompanied by a certificate signed by the applicant on a form prescribed by the Chairperson certifying that, to the best of the applicant's knowledge and belief, he or she has no disease or disability which would render him or her unsafe or unsatisfactory as a driver of a public vehicle. The form may provide for additional information relating to the applicant's past or present medical history or condition.

1003.5 Each applicant shall have central visual acuity of at least 20/40 in one eye, either unassisted or assisted by glasses or contact lens, and shall have hearing of at least 10/20 in one ear.

1003.6 No applicant shall be considered for a license if, at the time the application is filed, the applicant is suffering from a contagious disease, epilepsy, vertigo, fainting spells, blackouts, attacks of dizziness, or other medical condition that in the opinion of the Chairperson may render the applicant unsafe or unsatisfactory as a driver of a public vehicle.

1003.7 An operator’s license shall not be issued or renewed under this chapter for an individual who has a mental illness, cognitive disability, or other impairment that would negatively impact his or her ability to meet the requirements of this chapter with respect to the operation of a public vehicle-for-hire, unless he or she provides a certificate from a licensed physician who is a resident of the MSA certifying that, in the opinion of that physician, the person’s impairment, as may be currently treated, does not negatively impact his or her ability to meet the requirements of this chapter with respect to the operation of a taxicab. If the person’s impairment, or his or her treatment, substantially changes during the period of licensure, he or she shall provide a recertification from a physician who is a resident of the MSA or shall immediately surrender his or her license to the Commission.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, as published at 19 DCR 61 (July 24, 1972); as published at 32 DCRR §§ 10.203, 10.204 and 10.205, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3162 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1003

31 DCMR § 1004 INVESTIGATION AND EXAMINATION OF APPLICANTS

1004.1 Upon receipt of an application for a hacker’s license, the Chairperson shall investigate or cause to be investigated each applicant to verify the identity of the applicant and determine the competency, residency, fitness, and eligibility of the applicant for a license.

1004.2 The Chairperson shall require each applicant for a hacker’s license to take a written examination.

1004.3 The examination shall test the following subject areas:

(a) General familiarity with the MSA, including history and geography;

(b) Monuments, landmarks, and other places of interest;

(d) Business and accounting practices;

(e) Cultural sensitivity;

(f) Disability accommodation and non-discrimination requirements;

(g) Familiarity with applicable provisions of this title, Title 18 DCMR (Vehicles and Traffic), and other applicable laws; and

(h) Such other topics as the Office may identify in an administrative issuance.

1004.4 The examination shall also include any further physical and mental examination as the Chairperson finds necessary to determine the applicant’s fitness to operate the type of vehicle for which application for a license is made.

1004.5 An applicant caught cheating or attempting to cheat on the examination shall be immediately expelled from the examination and disqualified from continuing the examination. The applicant’s testing fee shall not be refunded. The applicant shall also be disqualified from re-applying for the examination for a period of not less than three (3) years. Disqualification for cheating on the licensure examination is not appealable.

1004.6 Each applicant for a new DCTC operator’s license shall provide proof of completion of a disability sensitivity training course approved by the Office.

1004.7 Following successful completion of the operator education course and passage of the written examination administered by the Office, an applicant shall have six (6) months from the date of notification to file an application for licensure.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as published at 32 DCRR §§ 10.206 and 10.207, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3163 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 12790 (October 14, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1004

31 DCMR § 1005 ISSUANCE OF LICENSES

1005.1 The Chairperson shall issue a license to any applicant who has complied with the requirement of this chapter.

1005.2 The Chairperson shall collect the current license fee for each license issued.

1005.3 Each hacker's license shall have marked on its face a statement indicating it is valid only for the type of vehicle operation for which it is issued.

1005.4 Each license shall contain a number, photograph of the licensee, and any other information that the Chairperson considers desirable.

1005.5 A person to whom an operator’s license has been issued shall continue to reside within the MSA during the term of the license and shall, no later than five (5) days after the termination of the residence within the MSA, surrender the license to the Office.

1005.6 When the Commission obtains knowledge that the licensee is no longer in compliance with any of the license requirements, the Chairperson may initiate an action against the licensee to revoke or suspend the operator’s license and retrieve the operator identification (Face) card.

1005.7 Upon successful completion of the initial application process, an applicant shall receive an initial one (l) year hacker license, which shall be a probationary period of licensure. If the licensee is convicted, during the probationary period, of any crime for which licensee would not qualify for licensure, the Chairperson may take disciplinary actions including the suspension, revocation, or non-renewal of the license.

1005.8 During this probationary period, the Commission shall monitor complaints and violations relating to moral character, customer service, safety, discrimination, including destination discrimination, overcharging, and other consumer-based complaints.

1005.9 If the licensee is the subject of multiple consumer complaints, liability findings from Notices of Infractions, or penalties during the probationary period and beyond, the Chairperson may require remedial actions, such as re-taking the operator training course or attending an anger management course or cultural sensitivity training, and/or take disciplinary actions including the imposition of fines and the suspension, revocation, or non-renewal of the license.

1005.10 Referral of a licensee for remedial action is not appealable and the cost for such remedial action shall be borne by the licensee.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as published at 32 DCRR §§ 10.208, 10.209, and 10.210, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 294 (January 8, 2010)); as amended by Final Rulemaking published at 59 DCR 3158, 3163 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1005

31 DCMR § 1006 DENIAL OF LICENSE AND REAPPLICATION

1006.1 An applicant who has been denied a license to operate a public vehicle for hire for reasons other than for failure to successfully complete an examination may file a new application for a license no sooner than six (6) months after the denial, unless the denial is reversed on an appeal filed pursuant to Chapter 7 of the this title.

1006.2 If an applicant files an appeal from a denial as provided by Chapter 7 of this title and the denial is sustained, or if an operator’s license has been suspended or revoked by the Commission and sustained on appeal, no new application may be made until the expiration of any suspension or revocation period imposed.

1006.3 [REPEALED].

1006.4 In determining the fitness of an applicant under § 1009 (Not for Hire), the Office shall not take into account the conduct or record of the applicant upon which the waiting period was based. The determination of fitness shall be based on the conduct or the record of the applicant's conduct during and after the waiting period. If the personal conduct during the waiting period satisfies the personal conduct and other requirements of this chapter, the Office may issue a license to the applicant.

1006.5 If the Office discovers information not previously known to the Office, which relates to the moral character, fitness, or eligibility of the applicant and which was not part of the record in the proceeding on the appeal filed pursuant to Chapter 7 of this title, the Office may find on the basis of that information, that the moral character, fitness, or eligibility of the applicant is such that it does not justify the issuance of the license and may again deny the issuance of a license.

1006.6 The Office shall establish repeat examinations for applicants who are denied licenses because of failing the qualifying examination under the provisions of § 1004. Repeat examinations shall be scheduled to permit a fair opportunity for applicants to successfully complete the examination. If an applicant fails to pass the examination after three (3) attempts, the applicant shall re-take the operator’s training course before being allowed to take the examination again.

History

SOURCE: 32 DCRR § 10.203, Special Edition; as amended by Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as amended by Final Rulemaking published at 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3161 (April 20, 2012); as corrected by Errata Notice published at 59 DCR 3703 (April 27, 2012); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1006

31 DCMR § 1007 LOSS, THEFT, OR DESTRUCTION OF LICENSE

1007.1 In case of the loss, theft, or destruction of a public vehicle operator’s or owner’s license issued pursuant to the provisions of this chapter, the licensee shall immediately notify the Chairperson and file a report of that loss, theft, or destruction with the police department.

1007.2 Upon application made under oath on a form prescribed by the Chairperson, presentation of the official police report, and payment of the prescribed fee, the Chairperson shall issue a duplicate license.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR § 10.703, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3165 (April 20, 2012).

31 DCMR § 1008 PROVISIONAL LUXURY CLASS SERVICE OPERATOR’S LICENSE

1008.1 The Department may issue a provisional DFHV operator’s luxury class service license (provisional LCS operator’s license) consistent with the requirements of § 1209 and pursuant to an administrative issuance.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.301 through and 10.306, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 294 (January 8, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3166 (April 20, 2012); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1008

31 DCMR § 1009 SPECIAL LICENSE TO OPERATE PUBLIC VEHICLES

1009.1 The Chairperson, upon application, may issue a special public vehicle operator’s identification license to a person otherwise qualified under this chapter for the purpose of operating a public vehicle licensed under this chapter for purposes other than for hire.

1009.2 Each application shall be submitted on the form furnished by the Chairperson, and shall set forth the applicant's full lawful name (including middle name or names, if any) date of birth, sex, social security number, residence, and other information that the Chairperson may require to determine the applicant's identity, competency, and eligibility for a license, however, an applicant will not be required to submit proof of a physical examination or have fingerprints taken with the Metropolitan Police Department for a criminal background check.

1009.3 A license shall be issued only to a person who, in the regular course of employment, operates a public vehicle licensed under this chapter for purposes other than hire.

1009.4 A license issued under this section shall not be valid for the operation of a public vehicle when the vehicle is actually available for hire.

1009.5 The vehicle being operated by this type of licensee shall display a sign approved by the Chairperson that bears in capitalized black lettering at least three (3) inches high on a white background the words "NOT FOR HIRE AS TAXI NOR LIMO."

1009.6 The Chairperson shall not issue any license hereunder to any person who does not possess a valid District motor vehicle operator's permit or, for non-District residents or persons exempt from obtaining a District motor vehicle operator's permit, a valid motor vehicle operator's permit issued by a state that is a party to the Driver License Compact or, to any person who holds a valid license to operate a public vehicle for hire under the provisions of this chapter.

1009.7 The Chairperson shall issue a license to any applicant who has complied with the requirements of this section.

1009.8 The Chairperson shall collect the prescribed fee for each license issued to an applicant.

1009.9 Each special license issued under this section shall be marked on its face "NOT VALID FOR HIRE AS TAXI OR LIMO.”

1009.10 Each license shall contain a number, photograph of the licensee, and other information that the Chairperson considers desirable.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.401 and 10.406, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); and by Final Rulemaking published at 35 DCR 8142a, 8142b (November 18, 1988); as amended by Final Rulemaking published at 53 DCR 7982 (October 6, 2006); as amended Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 294 (January 8, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3166 (April 20, 2012).

31 DCMR § 1010 ISSUANCE OF DFHV VEHICLE LICENSES

1010.1 Nothing in this chapter shall be construed as creating a right of action against the District of Columbia based on the loss or diminution in value of, or in the loss of transferability of, any legal right or property interest which was due, in whole or in part, to action or inaction by any person in violation of the provisions of this title or other applicable law, including any person not subject to the jurisdiction of the District or the Office.

1010.2 Nothing in this chapter shall be construed to alter the legal rights or obligations of any person under any provision of the D.C. Municipal Regulations other than the rules and regulations of the Commission in this title.

1010.3 Each owner of a public vehicle-for-hire prior to operating in the District shall obtain a DFHV vehicle license from the Office, except as provided in § 1010.4.

1010.4 A DFHV vehicle license is not required for the following vehicles:

(a) Sightseeing vehicles owned by a school, school board, or similar body;

(b) Sightseeing vehicles transporting passengers to the District from a point outside the District, if the total operation of the vehicle does not exceed fifteen (15) days during any license year (April 1st through March 31st); and

(c) Sightseeing vehicle registered elsewhere than in the District which does not operate for more than fifteen (15) days during any license year (April 1st through March 31st).

1010.5 The owner of the vehicle (“applicant”) shall file an application for a license with the Office, which shall determine whether or not the vehicle shall be registered in the District, as required by all applicable provisions of this title, DMV regulations and other applicable laws. The Office’s determination shall be noted upon the application.

1010.6 An applicant shall be eligible for a DFHV transferable taxicab vehicle license only if the applicant meets the requirements of §§ 1010.7 and 1010.8. A DFHV transferable taxicab vehicle license shall not guarantee its holder’s privilege to be issued DMV vehicle registration or tags where the issuance of registration or tags would be inconsistent with DMV rules or regulations or other applicable laws. Any DFHV vehicle license which is not a DFHV transferable vehicle license may not be sold, devised, gifted, or otherwise transferred by its holder to any other person.

1010.7 An applicant for a DFHV transferable taxicab vehicle license shall:

(a) Be a person which:

(1) Possesses a current DFHV vehicle license for a taxicab in active service; or

(2) Is a taxicab company participating the Coordinated Alternative Paratransit (CAPS-DC) Pilot Program for a new vehicle which it is required to purchase as a condition of participation in the program, as provided in § 1806.19; and

(b) Demonstrates to the satisfaction of the Office that it is ready and able to comply with the applicable provisions of § 1010.8.

1010.8 A DFHV transferable taxicab vehicle license shall be used only as follows:

(a) At all times by each holder of the license: for a vehicle which, at the time it is first placed into service by its original owner, uses the best available propulsion and is wheelchair accessible, pursuant to § 609;

(b) By the person to whom the license is first issued: for a new vehicle;

(1) For a new vehicle; or

(2) For a vehicle already in service, for the duration of its time and mileage prior to retirement under § 609, notwithstanding the limitations of § 609.6;

(d) Is operated by an operator who possesses a DFHV accessible vehicle identification (“AVID”) operator’s license; and

(e) Is operated in compliance with all other applicable provisions of this title and other applicable laws, including all DMV rules and regulations.

1010.9 Each transfer of a DFHV transferable taxicab vehicle license shall be approved by the Office prior to the use of the license as follows:

(a) An applicant shall use a form established by the Office, executed under oath, and accompanied by a description of the terms of the proposed transfer, a proposed purchase and sale agreement or other legal document by which the ownership of the license may be transferred, such information and documentation as may be required by the Office, and a fee of one hundred dollars ($100);

(b) The applicant shall demonstrate to the satisfaction of the Office that the transfer would not impair the continued transferability or use of the license in the manner required by the applicable provisions of this title; and

(c) The Office shall issue a written decision to approve or deny the application within ten (10) days, and shall explain the reasons for its decision in the event of a denial. A decision to deny the application may be appealed in accordance with Chapter 7.

1010.10 If the Office determines that a vehicle need not be registered in the District, the applicant shall meet the requirements of § 1010.13.

1010.11 Each applicant shall submit the application to the Office of the Chief Financial Officer (“OCFO”) for a determination of applicable taxes. OCFO shall note compliance with any applicable tax requirements upon the application.

1010.12 Each applicant whose vehicle is registered in the District shall present evidence that the vehicle has been inspected by DMV and is in compliance with all other provisions of this title relating to vehicle safety and passenger comfort.

1010.13 Each applicant shall present evidence satisfactory to the Office that the vehicle is insured under the provisions of Chapter 9. The Office shall act as agent for the purpose of enforcing insurance regulations and shall maintain records necessary to perform that function.

1010.14 Each application shall be made on a form provided by the Office, and shall state the owner’s full name, place of residence and business addresses, and any other information and documentation required by the Office.

1010.15 DMV, acting as agent for the Office, shall inspect taxicabs to ensure compliance with the equipment requirements of the Commission’s regulations, including authorized vehicle type, paint color(s), trade name, insignias, rate and passenger rights signs, meter seals, dome lights, upholstery condition, sanitation, and other provisions of this title.

1010.16 The Office shall determine from its own records whether a taxicab owner is in compliance with the color and insignia requirements with respect to company, association, or independent taxicab status.

1010.17 A new DFHV taxicab vehicle license (non-transferable) may be issued to a taxicab company seeking to comply with the wheelchair accessible vehicle phase-in requirements of § 501.10 (other than a taxicab company approved to participate in CAPS-DC), provided that:

(a) The license is used exclusively for a new wheelchair accessible, best fuel vehicle purchased and immediately placed into active service upon the Office’s approval or within sixty (60) days of the Office’s approval of a company’s modification of its compliance plan submitted under § 501.13 if applicable;

(b) The company executes a written agreement to enter into a dispatch agreement with a taxicab company participating in CAPS-DC, for a minimum period of three (3) years, during which the vehicle shall be in active service and available for dispatch in accordance with all of the applicable operating requirements of § 1806, a copy of which shall be filed with the Office prior to placing the vehicle into service; and

(c) The DFHV taxicab vehicle license shall be subject to suspension or revocation if, at any time and for any reason, the vehicle or the company fails to comply with the provisions of subparagraphs (a) or (b) of this subsection.

1010.18 Each company, taxicab owner, or operator of a vehicle participating in CAPS-DC pursuant to a dispatch agreement under §§ 1010.17 or 1010.19 shall be subject to the prohibitions and penalties of §§ 1807 and 1808.

1010.19 A new DFHV taxicab vehicle license shall be issued to an applicant who possesses a current and valid DFHV taxicab operator’s license, provided that:

(a) The license is used exclusively for the purchase and placement into active service of a wheelchair accessible vehicle with the best fuel available;

(b) Notwithstanding the provisions of § 609, the vehicle purchased and placed into active service is not more than two (2) model years old (with reference to the current calendar year), or such earlier model year as the Office may establish in an administrative issuance;

(c) The applicant executes a written dispatch agreement with a taxicab company approved to participate in CAPS-DC for a period of not less than three (3) years, during which time the vehicle shall be in continuous, active service and available for dispatch in accordance with all of the applicable operating requirements of § 1806, a copy of which shall be filed with the Office; and

(d) The license shall be subject to suspension or revocation if, at any time and for any reason, the vehicle or the applicant is not in compliance with a requirement of subparagraphs (a), (b), or (c) of this subsection.

1010.20 A new DFHV taxicab vehicle license (and corresponding set of DMV “H” tags) shall be issued to each applicant who meets all the following requirements and all other applicable requirements of this title and other applicable laws and regulations of the District, pursuant to an applicable administrative issuance.

(a) The applicant proves to the satisfaction of the Department that:

(1) The applicant surrendered his or her “H” tags to DMV as follows:

(A) During the four (4) year period beginning on July 6, 2007, through and including July 6, 2011;

(B) In good faith compliance with § 506 (taxicab removal from service); and

(C) For any bona fide reason identified in an administrative issuance which prevented the applicant from working as a taxicab operator, such as a significant family or personal health need, an unaffordable vehicle failure or accident, or a significant legal obligation (“bona fide reasons” shall not include surrenders of “H” tags based on such voluntary decisions as engaging in economic or non-economic activity other than working as a taxicab operator, such as taking time off for personal travel or making a change in employment to another industry);

(2) The applicant either:

(A) Has never made a request to the Department for a new or “returned” DFHV taxicab vehicle license or to DMV for new or “returned” “H” tags because the applicant reasonably believed the request would have been futile; or

(B) If the applicant made a request to the Department for a new or “returned” DFHV taxicab vehicle license or to DMV for new or “returned” “H” tags, the applicant did so within twelve (12) months following the first business day after the circumstances giving rise to the bona fide reason identified in subpart (1) (C) of this part have ended (for example, within twelve (12) months following the first business day after the applicant returned from bona fide travel that enabled the applicant to provide necessary care and assistance to an ailing family member who resided in a foreign country);

(b) The applicant has possessed a current and valid DFHV taxicab operator’s license continuously and without interruption since at least the earliest date by which the Department determines that the bona fide reason, identified in subpart (1)(C) of this part, would have no longer have prevented the applicant from operating a taxicab, through the date of the application;

(c) The applicant participates in Transport DC (CAPS-DC) for a period of not less than three (3) years from the date the vehicle license is issued, and executes a written a dispatch agreement with a taxicab company participating in Transport DC, during which time the vehicle shall be in continuous active service and available for dispatch in accordance with all of the applicable operating requirements of § 1806;

(d) The applicant uses the DFHV taxicab vehicle license to operate vehicles as follows, which the applicant shall acknowledge in writing:

(1) At the time the license is issued, the applicant shall place into service a new electric vehicle;

(2) At the time the license is issued, the applicant shall place into service, notwithstanding any contrary provision of § 609 or Chapter 18, a wheelchair accessible vehicle not more than two (2) model years older than the current calendar year, or such earlier model year, as the Department may establish in an administrative issuance; or

(3) At the time the license is issued, the applicant shall place into service any vehicle which complies with § 609.7, provided however, that when the applicant has completed three thousand (3,000) Transport DC trips among any number of vehicles, the applicant shall purchase and place into service a new wheelchair accessible vehicle;

(e) If the applicant is not a District resident, the applicant shall form and maintain an independent vehicle business, if such a business is then authorized by the provisions of this title, in order to comply with the DMV requirements for registering the vehicle in the District;

(f) The Department shall deny the application of an applicant who, in connection with an application under this subsection, makes a written or oral material misrepresentation to the Department or who fails to cooperate fully with the Department. “Cooperate” means timely and fully answer the Department’s questions and timely provide additional information and documentation required by the Department;

(g) The Department shall make a decision to grant or deny an application within twenty one (21) calendar days of the date on which the application is filed, provided however, that the failure to comply with this deadline shall not be a ground for the issuance of any DFHV license to any person; and

(h) A vehicle license issued under this subsection shall be subject to suspension or revocation if, at any time or for any reason, the vehicle or the applicant fails to comply with the provisions of subparts (c), (d), (e), or (f) (only as to written or oral material misrepresentations, not for lack of cooperation).

1010.21 The Office may issue a new DFHV vehicle license to each applicant that meets the applicable requirements of this title and other applicable laws. In addition, each applicant may be required by the Office to:

(a) Purchase or lease a vehicle that uses electric or other efficient means of propulsion, and/or is wheelchair accessible;

(b) Provide service in underserved areas of the District, as identified by the Office; or

(d) Meet other requirements to enhance safety and consumer protection, to improve customer service, or to achieve other lawful purposes within the jurisdiction of the Commission, as determined by the Office in an administrative issuance.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.501 through 10.507, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published by 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 3158, 3166 (April 20, 2012); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 9484 (July 10, 2015); as amended by Final Rulemaking published at 63 DCR 2247 (February 26, 2016); as amended by Final Rulemaking published at 63 DCR 10474 (August 12, 2016); as amended by Final Rulemaking published at 63 DCR 12790 (October 14, 2016); as amended by Final Rulemaking published at 64 DCR 2255 (February 24, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1010

31 DCMR § 1011 OWNERS OF SIGHTSEEING BUSES LOCATED OUTSIDE THE DISTRICT

1011.1 The owner of a public vehicle for hire transporting passengers from a point outside the District to the District shall obtain a certificate authorizing the vehicle to be operated in the District if the vehicle operated is not a vehicle owned by a school, school board, or similar body; or is not licensed by the District.

1011.2 Each application for a certificate to operate a sightseeing vehicle shall be made on a form provided by the Chairperson, and shall contain the full lawful name and business address of the applicant, the name and business address of the owner of the vehicle, including bus number, make and state registration, whether the passengers are school children, and, if so, the name of the school, and the city and state where the school is located.

1011.3 If the vehicle operation is to be conducted by a person other than the owner of the vehicle, the application shall state under what management, control, or arrangement the operation will be performed.

1011.4 The Chairperson, upon receiving an application for a certificate to operate a sightseeing vehicle in the District, shall issue a certificate to the applicant. No fee shall be required for the issuance of a certificate.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.601, 10.603, and 10.604, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987).

31 DCMR § 1012 ARTICLES LOST AND FOUND IN PUBLIC VEHICLES FOR HIRE

1012.1 Property found in a public vehicle for hire by an operator of the vehicle shall be reported by the operator to the District of Columbia Taxicab Commission and shall be surrendered to the Chairperson within twenty-four (24) hours.

1012.2 The Chairperson shall establish a repository in the Office of Taxicabs for property found in public vehicles for hire. All found property received by the Commission shall be deposited in the repository.

1012.3 The Office shall retain found property for a period of at least ten (10) business days after the property is deposited with the Office. If no claim is made for the property within the ten (10) business day period, the Office shall donate the property to a legally established 501(c) charitable organization, such as a homeless shelter or battered women’s shelter, or forward the property to the Property Clerk of the Metropolitan Police Department for proper disposition. However, personal identification documents such as driver’s licenses, identification cards, passports, and credits cards shall be destroyed.

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR § 10.704, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3167 (April 20, 2012).

31 DCMR § 1013 [RESERVED]

History

SOURCE: Regulation No. 72-13, approved June 30, 1972, published at 19 DCR 61 (July 24, 1972); as published at 32 DCRR § 10.705, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published at 59 DCR 3158, 3168 (April 20, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1013

31 DCMR § 1014 RENEWAL OF LICENSE/LATE FEES

1014.1 A licensed operator of a public vehicle for hire may submit an application to renew the license to operate a public vehicle for hire forty-five (45) days before the expiration of the license.

1014.2 The renewal application shall be made on a form provided by the Chairperson. The form shall provide a list of documentation required by the Commission including, but not limited to, fingerprint/criminal background check application, character references, medical examination form, and residency and citizenship verification documents.

1014.3 If an applicant fails to submit an application to renew the license to operate a public vehicle for hire:

Within one (1) to fifteen (15) days after the expiration date of the license, the person shall pay a late penalty of twenty-five dollars ($25);

Within sixteen (16) to thirty (30) days following the expiration date of the license, the person shall pay a late penalty of fifty dollars ($50); and

Within thirty-one (31) to forty-five (45) days after the expiration date of the license, the person shall pay a late penalty of one hundred dollars ($100).

1014.4 If an applicant fails to submit an application to renew the license to operate a public vehicle for hire within forty-five (45) days after the expiration date of the license, the person shall pay a late penalty of one hundred fifty dollars ($150) and shall be required to take and successfully complete the operator training course before being eligible for license renewal.

1014.5 If a person fails to submit an application to renew the license to operate a public vehicle for hire within one (1) year after the expiration date of the license, the person shall be required to apply for a new license to operate a public vehicle for hire pursuant to the provisions of this chapter.

History

SOURCE: Final Rulemaking published at 30 DCR 3909 (August 5, 1983); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3169 (April 20, 2012).

31 DCMR § 1015 REFRESHER TRAINING REQUIRED FOR TAXICAB OPERATORS

1015.1 All taxicab operators filing a renewal application for an identification (Face) card shall complete an operator re-training course when offered by the Commission. A notice shall be published by the Commission when the retraining course is being offered and required.

1015.2 The operator refresher course shall consist of all statutorily required topics including, but not limited to, the following:

(a) Business practices, including general management principles, records management, and bookkeeping;

(b) Public relations and marketing skills, customer service, cultural sensitivity, and disability accommodation;

(c) District of Columbia geography with emphasis on the location of all streets and avenues, government buildings, and tourist sites;

Compliance with local, state, and federal income regulations and filing requirements; and

Local public vehicle for hire regulations.

History

SOURCE: Final Rulemaking published at 38 DCR 3294 (May 24, 1991); as amended by Final Rulemaking published at 39 DCR 1547 (March 6, 1992); as amended by Final Rulemaking published at 44 DCR 7686 (December 19, 1997); as amended by Final Rulemaking published at 48 DCR 9144 (October 5, 2001); as amended by Final Rulemaking published at 59 DCR 3158, 3170 (April 20, 2012). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1015

31 DCMR § 1016 SPECIAL EVENT VEHICLE FOR HIRE PERMIT

1016.1 The Office of Taxicabs may issue a special event vehicle-for-hire permit that authorizes a limousine or sedan licensed in another jurisdiction as a public vehicle-for-hire, to operate for hire in the District of Columbia for a period of not more than forty-five (45) days during a particular special event. Only a vehicle properly registered as a public vehicle-for-hire in another jurisdiction is eligible for a special event vehicle-for-hire permit.

1016.2 Each person applying for a special event vehicle for hire permit shall file an application with the Office on a form provided by the Office. The application shall include, but need not be limited to, the following:

(a) The name, address, and telephone number of the applicant or registered owner of the vehicle;

(b) The make, model, year, and vehicle identification number;

(c) The jurisdiction where the vehicle is registered, registration number, expiration date of the registration, and license plate number; and

(d) The name and date of the special event for which the special event vehicle for hire permit is requested.

1016.3 A special event vehicle for hire permit issued pursuant to this section shall contain:

The name of the permit holder;

The date of issuance and the date of expiration of the permit;

The name of the special event for which the permit is issued;

The name of the owner of the vehicle;

The make, model, and year of the vehicle;

Vehicle identification number;

The license plate number of the vehicle; and

(h) The jurisdiction where the vehicle is registered.

1016.4 A vehicle for which a special event vehicle for hire permit is issued may only be operated for hire in the District by a person who possesses a valid public vehicle for hire operator’s identification card issued by the Commission or another jurisdiction.

1016.5 An application for a special event vehicle for hire permit shall pay the prescribed fee for the permit.

1016.6 A person who violates the provisions of this section shall be subject to a civil fine for operating a public vehicle for hire without a vehicle license.

History

SOURCE: Final Rulemaking published at 40 DCR 2273 (April 2, 1993); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 294 (January 8, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3171 (April 20, 2012); as amended by Final Rulemaking published at 60 DCR 1181 (February 1, 2013).

31 DCMR § 1017 PENALTY

1017.1 A violation of this chapter shall be subject to:

(a) The fine or penalty set forth in Chapter 20 of this title;

License suspension, revocation, or non-renewal; or

History

SOURCE: Final Rulemaking published at 59 DCR 3158, 3172 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1017

31 DCMR § 1099 [REPEALED].

History

SOURCE: Final Rulemaking published at 38 DCR 3294 (May 24, 1991); as amended by Final Rulemaking published at 39 DCR 1547 (March 6, 1992). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1099

31-11 PUBLIC VEHICLES FOR HIRE CONSUMER SERVICE FUND

31 DCMR § 1100 PURPOSE

1100.1 The purpose of this chapter is to establish procedural and substantive rules governing assessment and collection of all funds to be deposited into the Public Vehicle-for-hire Consumer Service Fund as authorized by the Establishment Act.

1100.2 The Consumer Service Fund shall consist of:

All funds collected from a passenger surcharge on taxicab trips;

All funds collected by the Commission from the issuance and renewal of a public vehicle-for-hire license pursuant to D.C. Official Code § 47-2829 (2012 Repl. & 2014 Supp.), including such funds held in miscellaneous trust funds by the Commission and the Office of the People’s Counsel prior to June 23, 1987, pursuant to D.C. Official Code § 34-912(a) (2012 Repl. & 2014 Supp.);

All funds collected by the Commission from the Department of Motor Vehicles through the Out-Of-State Vehicle Registration Special Fund, pursuant to Section 3a of the District of Columbia Revenue Act of 1937, effective March 26, 2008 (D.C. Law 17-130; D.C. Official Code § 50-1501.03a (2012 Repl. & 2014 Supp.) (“Revenue Act”);

All taxicab operator and passenger vehicle-for-hire operator assessment fund fees collected by the Commission pursuant to Subsections (c) and (d) of Section 20a of the Revenue Act; and

All funds collected by the Office of the Chief Financial Officer from the quarterly payments of a digital dispatch service pursuant to § 1604.7.

History

SOURCE: Final Rulemaking published at 37 DCR 8528 (December 28, 1990); as amended by Final Rulemaking published at 59 DCR 3173 (April 20, 2012); as amended by Final Rulemaking published at 59 DCR 14015 (December 7, 2012); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1100

31 DCMR § 1101 ASSESSMENT OF PUBLIC VEHICLE FOR HIRE OPERATORS

1101.1 As provided for in D.C. Official Code § 50-320(d) (2009 Repl.), each public vehicle for hire operator licensed by the Commission shall be assessed fifty dollars ($50) per year upon the issuance or renewal of each operator license identification (Face) card issued pursuant to D.C. Official Code §§ 47-2829(e) and (h) (2012 Supp.).

1101.2 The assessment levied pursuant to § 1101.1 shall be paid by each public vehicle for hire operator licensed by the Commission in addition to the annual license fee authorized pursuant to D.C. Official Code § 47-2829(e) and (h) (2012 Supp.).

1101.3 The Commission shall collect the assessment levied at the time of the issuance or renewal of the operator license identification (Face) card of each public vehicle for hire operator.

1101.4 The Commission shall have deposited into the Public Vehicle for Hire Consumer Service Fund all assessments collected from public vehicle for hire operators licensed by the Commission.

1101.5 On an annual basis, or at other times as determined by the Commission, the Office of the Chief Financial Officer provide a written report to the Commission of all monies collected and deposited in the Fund.

History

SOURCE: Final Rulemaking published at 37 DCR 8528 (December 28, 1990); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 294 (January 8, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 3173, 3174 (April 20, 2012); as amended by Final Rulemaking published at 59 DCR 14015 (December 7, 2012).

31 DCMR § 1102 PUBLIC VEHICLE FOR HIRE CONSUMER SERVICE FUND USES

1102.1 Monies in the Public Vehicle for Hire Consumer Service Fund shall be used by the Commission to pay costs incurred by the Commission, including, but not limited to, the costs of:

(a) Operating and administering programs, investigations, proceedings, and inspections;

(b) Improving the District’s taxicab fleet;

(d) Establishing a program to provide taxicab fare discounts for low-income senior citizens aged 65 and older and persons with disabilities; and

(e) Providing grants, loans, incentives and other financial assistance to owners of licensed taxicabs legally operating and incorporated in the District to incentivize the purchase and use of alternative-fuel vehicles and wheelchair-accessible vehicles, directing licensed taxicabs to underserved areas, and to offset costs associated with meeting the mandates of the Act.

1102.2 A proceeding, as referenced in Section 1102.1(a), includes, but is not limited to, any administrative action, process, adjudication, or rulemaking pending before, or initiated by, the Commission.

1102.3 A Commission investigation may include, but is not limited to, an investigation into any of the following subjects:

(a) Rate studies;

(b) Review of the taximeter or Taxi Smart Meter System;

(d) Education of taxicab operators and owners;

(e) Enforcement activities; or

(f) Discrimination in the taxicab industry.

1102.4 The Department hereby establishes a financial assistance program to provide grants and procure goods and services for the purpose of meeting the mandates of the Act, including incentivizing the purchase and use of alternative-fuel vehicles, offsetting the cost of acquiring, maintaining and operating wheelchair-accessible vehicles, providing fare discounts for low-income senior citizens and persons with disabilities, incentivizing licensed taxicabs to serve underserved areas and communities, and offsetting cost associated with meeting these and other mandates of the Act. All program contracts will be awarded in accordance with the Procurement Practices Reform Act of 2010, D.C. Official Code §§ 2-201.01 et seq., and its implementing regulations, and all program grants will be awarded in accordance with the Grant Administration Act of 2013, D.C. Official Code §§ 1-328.11 et seq. and its implementing regulations.

History

SOURCE: Final Rulemaking published at 37 DCR 8528, 8529 (December 28, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 3173, 3174 (April 20, 2012); as amended by Final Rulemaking published at 59 DCR 14015 (December 7, 2012); as amended by Final Rulemaking published at 66 DCR 1130 (January 25, 2019). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1102

31 DCMR § 1103 PASSENGER SURCHARGE

1103.1 Each trip provided by taxicab licensed by the Office, shall be assessed a fifty cent ($0.50) per trip passenger surcharge.

2 For purposes of this subsection, the term “trip” means any trip provided by a public vehicle for hire licensed by the Commission to one or more passengers at the same time which either originated in the District or originated outside of the District pursuant to a valid reciprocity agreement and for which a fare is or should have been collected.
3 All funds collected pursuant to this Section shall be deposited into the Public Vehicle for Hire Consumer Service Fund.

History

SOURCE: Final Rulemaking published at 59 DCR 14015 (December 7, 2012); as amended by Final Rulemaking published at 61 DCR 3576 (April 4, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 71 DCR 009638 (August 2, 2024). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1103

31 DCMR § 1104 FEES

1104.1 The following fees, in addition to any other fees prescribed by this title, and in accordance with applicable law, shall be paid to the Commission and deposited into the Public Vehicle for Hire Consumer Service Fund:

Digital Dispatch Service Amend Fee $300

(§§ 1604.3(c) and 1604.5)

Digital Dispatch Service Application Fee – $500

(§ 1604.3(c))

Pair of vehicle registration stickers $1.00

Dome Light Business Application Fee $500

(§1505.1)

Dome Light Business Biennial Renewal $1500

Application Fee

(§1505.3)

Late Renewal Application Fee – $1000

PSP or DDS

(§§ 406 or 1604.6)

Late Renewal Application Fee – $25 (1 – 15 days late)

Public Vehicle for Hire $50 (16 – 30 days late)

Owner/Operator $100 (31 – 45 days late)

(§ 1014.3) $150 (45 – 90 days late)

Late Renewal Application Fee – $250

Taxicab Company, Association or Fleet;

LCS Organization

(§ 501.9 or 1202.9)

Pair of taxicab passenger rate stickers $1.00

Per Vehicle Registration Fee -- $50

Initial and Renewal Applications

(§§ 501 or 1202)

Proposed PSP Application Fee $1000

(§ 403.3)

Proposed MTS Application Fee (§ 403.3): $1000

Taximeter Business License Fee $2,000;

(§1305.1) $500 non-refundable

Taximeter cable seals $0.50

(§ 1323)

Transfer of Ownership –

Taxicab Company, Association, or Fleet $500

(§ 507.2)

Vehicle Age Waiver Fee $50

(§609)

History

SOURCE: Final Rulemaking published at 61 DCR 3576 (April 4, 2014); as amended by Final Rulemaking published at 61 DCR 6436 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1104

31-12 LUXURY CLASS SERVICES - OWNERS, OPERATORS, AND VEHICLES

31 DCMR § 1200 APPLICATION AND SCOPE

1200.1 This chapter shall be applicable to and govern all limousine and black car organizations, operators, and vehicles doing business in the District of Columbia (District).

1200.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, as amended.

1200.3 This chapter establishes licensing and operating requirements for luxury class service, comprised of black car service and limousine service. Additional and more specific operating requirements applicable only to black car service are contained in Chapter 14 of this title.

1200.4 In the event of a conflict between a provision of this chapter, and another provision of this title or other applicable law, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 41 DCR 2812 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1200

31 DCMR § 1201 GENERAL REQUIREMENTS

1201.1 Operators may be licensed by the Office of Taxicabs (“Office”) pursuant to § 1209 to provide limousine service, black car service, or both, and luxury class service (“LCS”) vehicles may be licensed by the Office pursuant to § 1204 for use as limousines, as black cars, or both. All LCS vehicles may be used as limousines, but only LCS vehicles meeting the definition of “black car” in § 1299.1 may be operated as black cars.

1201.2 The Office may issue Office issuances, instructions, and guidances approving certain vehicles as meeting the definition of “black car” in Chapter 99.

1201.3 Operator requirements. An individual shall be authorized to provide luxury class service if he or she:

(a) Has a valid and current driver’s license issued by a jurisdiction within the MSA;

(b) Has a valid and current DCTC operator’s license authorizing the person to provide luxury class service under § 1209; and

1201.4 Vehicle requirements. A vehicle shall be authorized to provide luxury class services if it:

(a) Has been approved and licensed by the Office pursuant to § 1204 for use as a black car, a limousine, or both;

(b) Is registered and displays valid and current livery tags (“L-tags”) from DMV;

(c) Has a valid and current inspection from DMV pursuant to § 1215 and applicable DMV regulations, including inspection for current compliance with the definition of a black car under § 1299.1, where applicable;

(d) Is operated in compliance with § 1201.5; and

(e) Is in compliance with Chapter 9 (Insurance Requirements).

1201.5 Operating requirements. Luxury class service shall not be provided unless, from the time each trip is booked, through the conclusion of the trip, all of the following requirements are met:

(a) The operator is in compliance with § 1201.3;

(b) The vehicle is in compliance with § 1201.4;

(d) The operator is maintaining with the Office current contact information, including his or her full legal name, residence address, cellular telephone number, and, if associated with an LCS organization, contact information for such organization or for the owner for which the operator drives;

(e) The operator informs the Office of any change in the information required by subsection (d) within five (5) business days through U.S. Mail with delivery confirmation, by hand delivery, or in such other manner as the Office may establish in an Office issuance;

(f) The operator is maintaining in the vehicle a manifest that:

(1) Is either:

(A) In writing, compiled by the operator not later than the end of each shift using documents stored safely and securely in the vehicle; or

(B) In electronic format, compiled automatically and in real time throughout each shift;

(2) Is in a reasonable, legible, and reliable format that safely and securely maintains the information;

(3) Reflects all trips made by the vehicle during the current shift;

(4) Includes:

(A) The date, the time of pickup;

(B) The address or location of the pickup;

(C) The final destination, which may be phrased “as directed” for electronic manifest maintained in accordance with Chapter 16; and

(D) The time of discharge; and

(5) For manifest maintained in a non-electronic format, does not include terms such as “as directed” in lieu of any information required by this paragraph in accordance with § 1201.8; and

(6) Is kept in the vehicle readily available for immediate inspection by a District enforcement official (including a public vehicle enforcement inspector (hack inspector)).

(g) Where limousine service is provided, the trip is booked by contract reservation based on an hourly rate;

(h) Where black car service is provided, the trip is conducted in accordance with the operating requirements of Chapter 14 of this title;

(i) The trip is not booked in response to a street hail solicited or accepted by the operator or by any other person acting on the operator’s behalf; and

(j) There is no individual present in the vehicle who is not the operator or a passenger for whom a trip is booked or payment is made.

1201.6 The penalty for a violation of § 1201.4(i) by an operator providing LCS shall be a civil fine as set forth in Chapter 20.

1201.7 Notwithstanding any other provision of this title, an LCS vehicle, for which valid and current livery tags have been issued by both DMV and by the motor vehicle licensing agency of another jurisdiction, may operate in the District during such times when:

(a) It displays valid and current tags from such other jurisdiction;

(b) It displays on its windshield a valid and current vehicle registration sticker from DMV; and

(c) The luxury tags issued by DMV are maintained in the vehicle available for inspection upon demand by a District enforcement official and such vehicle is otherwise in full compliance with this chapter.

1201.8 A trip manifest maintained in an electronic format by an operator who connects with a passenger through digital dispatch may include a phrase “as directed” or similar phrase in lieu of including a passenger’s trip destination; provided that the destination is added to the manifest immediately upon the completion of the trip.

1201.9 Beginning May 1, 2016, or at such later date as set by the Department in an administrative issuance (“implementation date”), each owner of a luxury class vehicle, when used to provide limousine service, shall provide the Department with the following trip data for all limousine trips:

(1) The operator’s DCTC operator’s license (face card) number;

(2) The vehicle’s tag (license plate) number;

(3) The vehicle’s vehicle identification number (VIN);

(4) The name of the vehicle owner;

(5) The date and time of the beginning of the operator’s tour of duty;

(6) The duration and mileage of each trip;

(7) The date and time of the pickup and drop-off of each trip;

(8) The address and/or geospatially-recorded place of pickup and drop-off of each trip;

(9) The number of passengers;

(10) The unique trip identification number assigned by the owner or operator, if any;

(11) The total fare, with an itemization of all rates and charges;

(12) The form of payment;

(13) The date and time of the end of the operator’s tour of duty;

(14) The date and time that the data was transmitted to the Department;

(15) The date on which the vehicle’s insurance policy expires;

(16) The vehicle’s odometer reading;

(17) The vehicle’s type of propulsion;

(18) An indication of whether the vehicle is wheelchair accessible; and

(19) Such other reasonable information within the jurisdiction of the Department as it may require through an administrative issuance.

1201.10 The trip data required by § 1201.9 shall be reported no more than once per day or such lower frequency as set in an administrative issuance, and real time information may be required only when the operator is on duty.

History

SOURCE: Final Rulemaking published at 41 DCR 2812 (May 20, 1994); as amended by Final Rulemaking published at 53 DCR 855 (February 10, 2006); as amended by Final Rulemaking published at 54 DCR 5605 (June 8, 2007); as amended by Final Rulemaking published at 54 DCR 6069 (June 22, 2007); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 3480 (April 14, 2017); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1201

31 DCMR § 1202 LICENSING OF VEHICLE OWNERS

1202.1 No LCS organization, or owner of an independently operated LCS vehicle, shall operate in the District without first paying the applicable fee and obtaining a certificate of authority to operate. Applicable fees are as follows:

(a) LCS organizations: four hundred seventy five dollars ($475), and;

(b) Owners of independently operated vehicles: two hundred fifty dollars ($250).

1202.2 Each LCS organization shall file with the Office, in addition to other information and data required by law, the following:

(a) Annually on December 15th, and at other times as may be required by the Commission, a certificate of identity on forms provided by the Office. Appended to the certificate shall be a list of the officers and directors with their residence addresses;

(b) If incorporated, a copy of its certificate of incorporation;

(c) By-laws and other rules and regulations relating to the organization and its operation, including fees charged to affiliates;

(d) The name and residence address of the lessee and owner of each LCS vehicle operated by the organization;

(e) The address and telephone number of the organization and certification of compliance with applicable zoning requirements;

(f) The ownership, seating capacity, make, year, weight, and vehicle identification number of all vehicles;

(g) The financial status and responsibility of the applicant including evidence of ability to acquire and maintain the vehicle(s) for which authority is sought;

(h) Each criminal conviction, guilty plea, or plea of nolo contendere of the applicant;

(i) The nature and location of depots, terminals, and garages to be used, if any;

(j) A description of the communications systems to be used, if any;

(k) The specific experience of the applicant in the transportation of passengers for hire;

(l) A description of service(s) to be rendered, including time(s) of operation; and

(m) A schedule of rates and charges consistent with the information required by § 1202.10.

1202.3 All changes in the information and data required by this section shall be reported to the Office within five (5) business days.

1202.4 Each base owner and LCS organization shall comply with all record keeping procedures established by the Commission. The operational information required to be maintained by § 1202.2 shall be safeguarded and maintained at the office of the organization for a period of five (5) years.

1202.5 All organization information may be inspected by Commission representatives during regular business hours.

1202.6 No person shall file or otherwise make any false statements to the Commission.

1202.7 The Office of Taxicabs shall deny a license for any material false statement made in the application.

1202.8 Any notice from the Commission shall be considered sufficient if sent to the last mailing address furnished by the base owner.

1202.9 Any LCS organization that fails to timely file information as required in § 1202.2 shall be subject to a civil fine as set forth in Chapter 20.

1202.10 Each vehicle owner that fails to timely renew its license under this section shall be subject to a civil fine as set forth in Chapter 20.

1202.11 Each LCS organization shall, at all times, post its current rates and charges for its limousine service(s) on its website. Limousine rates and charges shall be established on a daily basis and shall not be changed until the following day, provided however that rates and charges may be changed at any time if reasonably based on a declaration of emergency affecting the entire District of Columbia as issued by the Mayor of the District of Columbia. No fare may be charged by an LCS organization based on a rate or charge that is not posted or maintained with the Office as provided in this subsection at the time of the booking. This subsection shall not be construed to allow an LCS Organization to alter or amend a pre-existing contract for service.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2813 (May 20, 1994); as amended by Final Rulemaking published at 53 DCR 6850 (August 18, 2006); as amended by the District of Columbia Taxicab License Fee Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 295 (January 8, 2010)); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 3576 (April 4, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1202

31 DCMR § 1203 REQUIREMENT OF BASE OWNER

1203.1 Each limousine or black car base owner may maintain an office in the District with an operable telephone number listed in the name of the organization.

1203.2 A base owner shall not dispatch a for-hire vehicle from any location other than that specified in the base certificate of authority.

1203.3 A base owner shall maintain and enforce rules, consistent with this chapter and the laws of the District of Columbia, governing the conduct of affiliated drivers while performing their duty as for-hire vehicle drivers.

1203.4 Each base owner shall be liable for the conduct, operation, and violation of Commission rules by affiliate drivers and affiliate vehicles.

1203.5 A base owner shall not hold himself out for business as a "taxi" or "taxicab" service or in any way use the word "taxi" or "taxicab" to describe the business.

History

SOURCE: Final Rulemaking published at 41 DCR 2812 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1203

31 DCMR § 1204 LICENSING OF LCS VEHICLES

1204.1 An owner or lessee of a vehicle proposed to be operated as an LCS vehicle (“applicant”), in the District shall first obtain a license for such vehicle from the Office prior to applying for L-Tags at DMV.

1204.2 Each applicant shall file an application for each vehicle license using a form approved by the Office, accompanied by the applicable fee. Each application shall set forth the applicant’s lawful name, business address(es), business and mobile telephone numbers, tax identification number, and an indication of whether the applicant intends to operate the vehicle as a limousine, as a black car, or as both.

1204.3 Each applicant shall present evidence that the vehicle has been inspected for safety by DMV.

1204.4 The DMV or any District enforcement official may inspect the vehicle to determine whether it meets the definitions of “black car”, “limousine”, or both, as set forth in § 9901.1, consistent with the applicant’s stated intentions for the use of vehicle.

1204.5 Upon receipt of an application and evidence satisfactory to the Office that all requirements have been met, including the DMV inspection required by § 1204.3, the Office shall issue a license to the owner. Otherwise, the Office shall not issue a license to the owner.

1204.6 The fee for each license to operate a vehicle for luxury class service shall be one-hundred dollars ($100) for each vehicle.

1204.7 Each vehicle license shall be in the form prescribed by the Office and shall contain any information the Office considers appropriate.

1204.8 Each limousine license shall be in the form prescribed by the Commission, and shall contain any information the Commission considers appropriate.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2815 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1204

31 DCMR § 1205 LICENSING OF LCS VEHICLE OPERATORS – ELIGIBILITY REQUIREMENTS

1205.1 Each applicant for a license to operate an LCS vehicle (“applicant”) shall be at least eighteen (18) years of age.

1205.2 No license shall be issued under the provisions of this chapter to any person who is unable to read, write, and speak the English language.

1205.3 No license shall be issued under the provisions of this chapter to any person who is covered by diplomatic immunity.

1205.4 No license shall be issued under the provisions of this chapter to any person who does not possess a valid District of Columbia motor vehicle operator's permit or, for non- District residents or persons exempt from obtaining a District motor vehicle operator's permit, a valid motor vehicle operator's permit issued by a state that is a party to the Driver License Compact.

1205.5 No license shall be issued under the provisions of this chapter to any person who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.

1205.6 No operator’s license shall be issued by the Office to any person who is required by this chapter to take and pass an examination unless that person has successfully passed an examination that shall include testing of the applicant’s ability to read, write, and speak the English language.

1205.7 No license shall be issued under the provisions of this chapter to any person employed by a federal or District agency with a policy that forbids the employee from operating a public vehicle for hire.

1205.8 No license shall be issued under the provisions of this chapter to any employee of the District government whose employment is concerned directly or indirectly with the issuance of licenses to operate public vehicles for hire, or the enforcement of applicable rules and regulations.

1205.9 No license shall be issued to any person who is delinquent in paying a fine or, within the last three (3) years, has committed one or more serious traffic offenses in the District or elsewhere that indicate a disrespect for traffic laws or the safety of other persons.

1205.10 No license shall be issued under this chapter to any person who is not of good moral character under the standards delineated in §§ 1205.11 through 1205.13.

1205.11 An applicant shall not be considered of good moral character if he or she is any of the following:

(a) A habitual drunkard;

(b) Addicted to the use of drugs; or

1205.12 Notwithstanding the provisions of § 1205.11, if the parole or the probation arose out of a conviction other than those listed in § 1205.13, the parolee’s or probationer’s application may be considered for approval if a letter from the appropriate parole or probation officer is submitted with the application stating that there is no objection to the issuance of a limousine or black car operator's license.

1205.13 An applicant shall not be considered of good moral character if the applicant has been convicted of or has served any part of a sentence for the following crimes, or an attempt to commit any of the following crimes, within the three (3) year period immediately preceding the filing of the application:

(a) Murder, manslaughter, mayhem, malicious disfiguring of another, arson, kidnapping, burglary, housebreaking, robbery, theft, fraud, or unlawful possession of a firearm;

(b) Assault with the intent to commit any offense punishable by imprisonment in the penitentiary;

(c) A sexual offense proscribed by D.C. Official Code § 22-1901 (incest), §§ 22-3101 to 22-3103 (sexual performances using minors), §§ 22-2701 to 22-2722 (prostitution and pandering), §§ 22-3002 to 22-3020 (sexual abuse) or, an act committed outside the District that, if committed in the District, would constitute an offense under the foregoing statutes;

(d) A violation of the D.C. Uniformed Controlled Substances Act of 1981 or the Drug Paraphernalia Act of 1982, (D.C. Official Code §§ 48-901.01 et seq. and §§ 48-1101 et seq.) or, an act committed outside the District that, if committed in the District, would constitute an offense under the foregoing statutes;

(e) Any criminal offense committed against a passenger; or

(f) Any criminal offense committed against any person that involves the use of a public vehicle-for-hire in a wanton, reckless, depraved, or malicious manner.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2816 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1205

31 DCMR § 1206 LICENSING OF LCS VEHICLE OPERATORS – APPLICATION PROCESS

1206.1 Each application for an operator’s license shall use a form provided by the Office, shall indicate the applicant’s choice of whether such applicant proposes to be licensed to provide limousine service, black car service, or both, and shall be accompanied by the applicable fee.

1206.2 Each application shall set forth the following information pertaining to the applicant:

(a) Full lawful name (including middle name and any other names by which the applicant is or has been known);

(b) Date of birth;

(d) Social security number;

(e) Address of residence;

(f) Other information needed to determine the applicant's identity, competency, and eligibility; and

(g) A full statement of all criminal and traffic charges entered against the applicant in the District and elsewhere.

1206.3 Each application shall be accompanied by two (2) new full face and one (1) profile head and shoulders color photographs, measuring one and three quarter inches by one and seven-eighths inches (1 3/4 in. x 1 7/8 in.) in size.

1206.4 Each application shall also include one (1) sheet of fingerprints of the applicant taken at the headquarters of the Metropolitan Police Department (MPD), forwarded by MPD to the Federal Bureau of Investigation (FBI) and furnished to the Office by the FBI.

1206.5 Each application shall also be accompanied by individual letters from the applicant's most recent employer and from at least three (3) responsible residents of the Metropolitan Area who are engaged in a business or profession, who have known the applicant for a period of at least one (1) year, and who shall vouch for the sobriety, honesty, and general good character of the applicant. Each letter shall include the signature and the current address of the writer.

1206.6 If the applicant is a veteran of the United States Armed Forces, the application shall be accompanied by a copy of the applicant's separation record or equivalent.

1206.7 If the applicant is a member of the Armed Forces at the time the application is filed, the application shall be accompanied by written permission of the appropriate commanding officer permitting the applicant to receive an operator's license.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2818 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1206

31 DCMR § 1207 LICENSING OF LCS VEHICLE OPERATORS – HEALTH REQUIREMENTS

1207.1 Each application for a new or renewal operator's license shall be accompanied by a certificate from a licensed physician who resides in the Washington Metropolitan Area.

1207.2 The certificate shall be on a form provided by the Office executed under penalty of perjury.

1207.3 The certificate shall be executed no earlier than thirty (30) days before the date on which the application is filed.

1207.4 The certificate shall not be considered sufficient to support an application unless it contains all of the following:

(a) A statement that the applicant is not afflicted with any disease or infirmity, such as a contagious disease, epilepsy, vertigo, fainting spells, blackouts, attacks of dizziness, or another medical condition that, in the discretion of the Office, may render the applicant unsafe or unsatisfactory as a vehicle operator;

(b) A statement that the applicant has central visual acuity of at least twenty/forty (20/40) in one (1) eye, either unassisted or assisted by glasses or contact lenses, and hearing of at least ten/twenty (10/20) in one (1) ear; and

(c) Such additional information or documentation relating to the applicant’s past or present medical history as the Office deems appropriate.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2819 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1208 LICENSING OF LCS VEHICLE OPERATORS – INVESTIGATION, EXAMINATION, AND EDUCATION REQUIREMENTS

1208.1 Upon receipt of an application for a license to operate, the Office shall investigate each applicant to verify the identity and determine the competency, fitness, and eligibility of the applicant for a license.

1208.2 Each applicant shall attend and complete such courses of training and education as the Office requires, and shall successfully pass such tests as the Office requires as conditions for licensing.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2820 (May 20, 1994); as amended by Final Rulemaking published at 50 DCR 5298 (July 4, 2003); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1209 LICENSING OF LCS VEHICLE OPERATORS – ISSUANCE OF LICENSES

1209.1 The Office shall issue a license to each applicant who has complied with the requirements of this chapter.

1209.2 Each operator’s license shall have marked upon its face a statement indicating that it is valid only for the luxury class of service(s) for which it is issued, and such additional terms and conditions as the Office may deem necessary (such as statements that the document is nontransferable and may not be duplicated).

1209.3 Each license shall contain a number, photograph of the licensee, and any other information that the Commission considers appropriate

1209.4 Each person to whom an operator’s license has been issued shall, during the term of the license, reside within the District of Columbia, the State of Maryland, or the Commonwealth of Virginia, and shall, no later than five (5) days following the termination of the residence within the District of Columbia, the State of Maryland, or the Commonwealth of Virginia, surrender the license to the Office.

1209.5 The Department may issue a provisional DFHV operator’s luxury class service license (provisional LCS operator’s license) pursuant to an administrative issuance provided that each applicant:

(a) Meets the requirements of §§ 1205 and 1207;

(b) Submits an application pursuant to § 1206;

(d) Complies with such additional terms and conditions for provisional licensing as may be set forth in the administrative issuance, including requirements related to:

(1) Passenger, operator, and public safety;

(2) Consumer protection; and

(3) Any other purpose within the jurisdiction of the Department.

1209.6 The total application fees for a provisional LCS operator’s license, including fees for fingerprinting and testing, shall not exceed the total fees for a full (non-provisional) DFHV operator’s license.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2820 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by the Vehicle-for-Hire Innovation Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-197; 61 DCR 12430 (December 5, 2014); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1209

31 DCMR § 1210 DENIAL OF LICENSE AND REAPPLICATION

1210.1 An applicant who has been denied a license to operate under this chapter for reasons other than for failure to complete successfully an examination may file a new application for a license after the expiration of not less than six (6) months after the denial.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2821 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1211 LOSS, THEFT, OR DESTRUCTION OF LICENSE

1211.1 In case of the loss, theft, or destruction of any operator or vehicle license issued pursuant to this chapter, the licensee shall immediately notify the Office of the loss, theft, or destruction.

1211.2 Upon application made under oath on a form provided by the Office, and upon payment of the applicable fee, the issue a may duplicate license.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2821 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1212 ENFORCEMENT OF THIS CHAPTER

1212.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

1212.2 [REPEALED].

1212.3 [REPEALED].

1212.4 [REPEALED].

1212.5 [REPEALED].

1212.6 [REPEALED].

1212.7 [REPEALED].

1212.8 [REPEALED].

1212.9 [REPEALED].

1212.10 [REPEALED].

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2821 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1212

31 DCMR § 1213 WHEELCHAIR ACCESSIBILITY REQUIREMENTS FOR LCS ORGANIZATIONS PROVIDING BLACK CAR SERVICE

1213.1 Each LCS organization with twenty (20) or more black car class vehicles in its fleet that does not have wheelchair-accessible vehicles in its fleet shall provide contact information for LCS organizations that do have such vehicles, when requested by a customer.

1213.2 Each LCS organization with twenty (20) or more vehicles licensed under this Chapter to be operated as black cars on or after the effective date of this rulemaking, shall dedicate a portion of such vehicles as follows:

(a) At least six percent (6%) of such vehicles shall be wheelchair-accessible by December 31, 2014;

(b) At least twelve percent (12%) of such vehicles shall be wheelchair-accessible by December 31, 2016; and

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2822 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1213

31 DCMR § 1214 RENEWAL OF OPERATOR LICENSE

1214.1 A licensed operator may seek to renew the license by applying at the Office beginning forty-five (45) days prior to the expiration of the license.

1214.2 If a person fails to submit an application to renew a license to operate within ninety (90) days following the expiration date of the license, the person may be required to take and successfully pass any test required pursuant to this chapter.

1214.3 If an individual fails to submit an application to renew the license to operate for ninety (90) days following the expiration date of the license, he or she shall be required to apply for a new license to operate pursuant to the provisions of this chapter.

1214.4 Beginning in 2015, a black car shall not be counted for purposes of compliance with § 1213.2 where for fifty (50%) percent or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:

(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or

(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.

1214.5 The Office shall deny an initial or renewal certificate of operating authority to an LCS organization which is not in compliance with § 1213.2.

1214.6 If the Office denies a renewal certificate of operating authority to an LCS organization pursuant to § 1213.2, it shall at such time grant a temporary certificate of operating authority to the LCS organization, which shall expire not later than one hundred eighty (180) days from the date of issuance provided that:

(a) The LCS organization files by the renewal date a compliance plan with the Office; and

(b) The compliance plan demonstrates that the LCS organization shall achieve full compliance with the requirements of § 1213.2 not later than one hundred eighty (180) days of the renewal date, and is supported by such information and documentation as the Office may require.

1214.7 An LCS organization granted a temporary certificate of operating authority pursuant to § 1214.6 shall submit evidence that it has complied with the compliance plan, filed with the Office pursuant to § 1214.6, prior to the expiration date of the temporary certificate of operating authority. The Office shall review the LCS organization’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.

1214.8 If the evidence of compliance with the compliance plan submitted pursuant to § 1212.6 is satisfactory to the Office, the Office shall renew the organization’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the organization, and the organization’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period of any appeal.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2822 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 3415 (March 20, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1214

31 DCMR § 1215 VEHICLE SAFETY AND COMPLIANCE

1215.1 Each luxury class vehicle shall be inspected annually by DMV to determine whether it is in compliance with:

(a) All applicable DMV motor vehicle regulations and other applicable laws;

(b) All applicable provisions of this title, including those related to the vehicle’s interior and exterior, body, cleanliness, repairs, mechanical parts, and the vehicle license issued by the Office under § 1204.5.

1215.2 A District enforcement official may inspect and test a vehicle’s lights, brakes, steering assembly, tires, horn, component of a system used to calculate fares, process payments or print receipts, or any other device or equipment installed in the vehicle or authorized or required by a provision of this title or Title 18 of the DCMR, at any time when such vehicle is on the public streets or on public space.

1215.3 A District enforcement official may order the removal from a public street or public space any luxury class vehicle that appears to be unsafe or improperly equipped and may order the owner or operator to promptly take the vehicle to a District motor vehicle inspection station, for the purpose of re-inspection, without regard to whether or not the vehicle displays a valid and current DMV inspection sticker.

1215.4 No person may operate, move, or permit the operation or use of any vehicle that is mechanically unsafe, improperly equipped, or otherwise unfit to be operated. Such vehicles shall be impounded.

1215.5 The Office may from time-to-time institute vehicle equipment inspection checkpoints to randomly inspect vehicles for the protection of passengers and the general public. Such vehicle equipment inspection checkpoints shall be operated in accordance with this title and all other applicable laws.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2823 (May 20, 1994); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 295 (January 8, 2010); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1216 INTERJURISDICTIONAL LIMOUSINE OPERATION - PERMIT REQUIRED

1216.1 Any person who would be required to obtain a limousine for hire vehicle permit pursuant to D.C. Official Code § 50-313 and rules promulgated pursuant thereto may, in place of the permit, be issued an interjurisdictional limousine permit; provided that the person satisfies the conditions for the issuance of an interjurisdictional permit and the transportation provided by such person complies with the provisions of this section.

1216.2 An interjurisdictional limousine permit only authorizes a person to pick-up passengers for hire in the District on a pre-arranged basis for destinations outside the District.

1216.3 An applicant for an interjurisdictional vehicle permit shall satisfy the following requirements:

(a) Possess a valid vehicle registration which is valid for the transportation of persons by limousine within that state;

(b) Neither the applicant nor any person or business engaged in transporting passengers by motor vehicle for hire that is affiliated with the applicant has a place of business, a telephone number, or solicits business or specifically advertises in the District;

(c) The vehicle shall be driven only by the holder of a driver's license that is valid for the for-hire operation of the vehicle;

(d) The vehicle shall be driven only by the holder of a for-hire vehicle driver's license where the driver has submitted proof satisfactory to the Commission that the driver possesses a license or permit that was granted by a state or political subdivision and for which the driver has been fingerprinted for the purpose of securing and reviewing the driver's criminal history records;

(e) The applicant has not had an interjurisdictional vehicle permit revoked or has not been refused renewal of an interjurisdictional vehicle permit; and

(f) A driver of a vehicle for which an interjurisdictional limousine permit has been obtained must be licensed by the Commission, unless the driver has been issued a certificate by the Commission indicating that the driver possesses a license or permit that was granted by a state or political subdivision and for which the driver has been fingerprinted for the purpose of securing and reviewing the driver's criminal records.

1216.4 The annual fee for an interjurisdictional permit, including any permit for any limousine operating within the District of Columbia under an authorization issued by the Washington Metropolitan Area Transit Commission, shall be four hundred dollars ($400) per vehicle.

1216.5 A fee of one hundred dollars ($100) shall be paid for each interjurisdictional limousine permit issued to replace a lost or mutilated permit, or a permit which has become obsolete as a result of the acquisition of new license plates.

1216.6 If the Commission, after reviewing an application for an inter-jurisdictional limousine permit and after appropriate investigation and a hearing affording the applicant an opportunity to be heard, finds that the applicant made a material false statement or concealed a material fact in connection with the application, the Commission may deny issuance of the permit, refuse to renew, suspend or revoke any such permit.

1216.7 A vehicle owner issued a permit pursuant to this section shall maintain the conditions of issuance of the permit as provided in this section.

1216.8 A vehicle owner shall ensure that a valid Commission decal, evidencing an interjurisdictional limousine permit, is affixed to the front right side of the windshield of a vehicle so as to be plainly visible. Interjurisdictional limousine permits for vehicles registered outside of the District shall be affixed to the front right side window so as to be plainly visible.

1216.9 No unauthorized entry shall be made on the interjurisdictional limousine permit or decal, nor shall any entry on any such vehicle permit or decal be changed or de faced.

1216.10 An unreadable interjurisdictional limousine permit or decal shall immediately be surrendered to the Commission for replacement.

1216.11 A vehicle owner who holds an interjurisdictional limousine permit shall pick up passengers on a prearranged basis only. Street hails and the use of stands are not permitted.

1216.12 A vehicle owner who holds an inter-jurisdictional limousine permit shall not pick-up and discharge the same passenger(s) within the District unless the following occurs:

(a) As part of pre-arranged transportation which begins with the pick-up of the passenger(s) in the District and ends with the discharge of the passenger(s) outside of the District, temporary discharge and subsequent pick-up of the passenger(s) within the District occurs during the course of performing the pre-arranged transportation; and

(b) There is no unauthorized intra-District transportation provided to any other person who is not covered by the pre-arranged transportation agreement during any such period of discharge.

1216.13 A vehicle owner shall ensure that a record of each transport authorized solely by an inter-jurisdictional limousine permit issued pursuant to § 1216.1 is entered prior to the commencement of the transport in a log carried in the vehicle. The record shall be kept for a period of one year after the transport. The record of each transport shall be written legibly in ink and include the following information:

(a) Passenger's name;

(b) Time of scheduled pick up of passenger;

(d) Final destination of passenger; and

(e) The time of completion of the transport.

1216.14 The log required by § 1216.13 shall be kept in the vehicle during inter-jurisdiction transport and shall be subject to inspection by any police officer, hack inspector, law enforcement official or other person authorized by the Commission. Failure to present a log maintained in the manner prescribed in § 1216.13 when requested by any such authorized person shall be presumptive evidence of intra-District operation in violation of this section.

1216.15 A vehicle registered outside the District shall meet the inspection requirements provided by the state of registration. Authorized personnel of the Commission may conduct an on-street inspection of the vehicle. The Commission may order the vehicle owner to repair or replace the vehicle when it appears that it no longer meets the safety requirements prescribed by this chapter and the applicable state law or the safety requirements of the state of registration, as applicable.

1216.16 A vehicle owner who holds an interjurisdictional limousine permit shall not permit the vehicle to be operated without daily personal inspection and reasonable determination that all equipment, including brakes, lights, and signals are in good working order and meet all the requirements of the applicable state law and this chapter.

1216.17 A vehicle owner who holds an interjurisdictional limousine permit shall not permit the vehicle to be operated when the Commission or the District's Bureau of Motor Vehicle Services has determined that the vehicle is unsafe or unfit for use as a for-hire vehicle and the vehicle owner has been directed to remove the vehicle from service.

1216.18 A vehicle owner who holds an interjurisdictional limousine permit shall ensure that he or she promptly complies with all Commission notices and directives to correct observable defects in a vehicle which would result in the inability of the vehicle to pass a District inspection or an inspection in the state of registration.

1216.19 A vehicle owner who holds an interjurisdictional limousine permit shall designate each and every driver who operates the vehicle as his or her agent for accepting service by Commission personnel of summonses or notices to correct defects in the vehicle. Delivery of the summons or notice to a driver shall be considered proper service of the summons or notice on the vehicle owner. The Commission shall send a copy of any summons or notice to the vehicle owner.

1216.20 A for-hire limousine vehicle owner shall immediately notify the Commission of the theft, loss, or destruction of an interjurisdictional limousine permit or decal and furnish the Commission with an affidavit or such information as may be required, and shall replace the permit or decal.

1216.21 The transfer of an interjurisdictional limousine permit between vehicles shall be prohibited.

1216.22 Two hundred dollars ($200) of the annual fee in subsection 1216.4 shall be used to increase enforcement of this section, including providing a list of approved limousine services to District hotels for service within District boundaries with a copy of applicable regulations.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2826 (May 20, 1994); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 295 (January 8, 2010).

31 DCMR § 1217 ADVERTISING

1217.1 No advertising or advertising device shall be placed on or in any LCS vehicle except with the written approval of the Office.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2828 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1218 PENALTIES

1218.1 Each violation of this chapter by an operator shall subject the violator to:

(a) Fines as provided by Chapter 20 of this title;

(b) The suspension, revocation, or non-renewal of the violator’s DCTC operator’s license issued under this chapter;

(d) A combination of the sanctions listed in Paragraphs (a)-(c) of this subsection.

1218.2 Each violation of this chapter by an LCS organization shall subject the violator to:

(a) Fines as provided by Chapter 20 of this title;

(b) The suspension, revocation, or non-renewal of the LCS organization’s operating authority issued under this chapter;

(d) A combination of the sanctions listed in Paragraphs (a)-(c) of this subsection.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2828 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1218

31 DCMR § 1219 RECIPROCITY WITH SURROUNDING JURISDICTIONS

1219.1 The reciprocity provisions of § 828 of this title shall apply to all luxury class service.

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2828 (May 20, 1994); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013).

31 DCMR § 1220 PROHIBITIONS

1220.1 No person shall participate in providing LCS services in the District unless such person is in compliance with all applicable provisions of this chapter, all other applicable provisions of this title, and other applicable laws.

1220.2 No operator shall provide limousine service except as provided in this chapter.

1220.3 No operator shall provide black car service except as provided in this chapter and in Chapter 14 of this title.

1220.4 Beginning November 1, 2013, no LCS organization or base owner shall knowingly permit the use of its LCS vehicle in violation of this chapter or Chapter 14 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1220

31 DCMR § 1221 INDEPENDENT LUXURY VEHICLE BUSINESSES

1221.1 An individual not domiciled in the District (“applicant”) may apply for a certificate of operating authority to operate an independent luxury vehicle business (“ILVB”). An ILVB shall allow the applicant to register a luxury class vehicle (limousine or black car) in the District, with the ILVB as co-owner and co-registrant of the vehicle, as required by the rules and regulations of DMV, and other applicable laws.

1221.2 Applicants who apply for certificates of operating authority under this section may be required to:

(a) Purchase or lease a vehicle which has electric propulsion;

(b) Purchase or lease a vehicle which is wheelchair accessible;

(d) Obtain additional training to improve customer service levels, including training for wheelchair service and disability sensitivity; and

(e) Meet other reasonable requirements to enhance safety and consumer protection, to improve customer service, and to achieve other lawful purposes within the jurisdiction of the Department as determined by the Department in an administrative issuance.

1221.3 For all purposes of this title, the Establishment Act, the Impoundment Act, and other applicable laws (excluding the regulations and laws applicable to DMV):

(a) The ILVB shall be considered and treated by the Department and the Department as the legal alter ego of the individual for all purposes of this title, with the effect of imposing upon the individual all obligations applicable to the ILVB under this title, provided however that where a provision of this title authorizes the imposition of a civil penalty upon either the ILVB or the individual, either penalty may be applied upon the individual; and

(b) Notwithstanding any contrary provision of Chapter 7, notice of any action, including without limitation any enforcement action or legal proceeding by the Department, the Office of Administrative Hearings, or the District, shall be valid, binding, and fully enforceable against either or both the individual and the ILVB, provided it is otherwise properly served upon either the individual or the ILVB pursuant to Chapter 7.

1221.4 Nothing in this chapter shall be construed to alter the legal rights or obligations of any person under any provision of the D.C. Municipal Regulations or District law other than the rules and regulations of this title.

1221.5 An individual (“applicant”) shall be eligible to apply for an initial or renewed certificate of operating authority under this section where:

(a) The individual is not domiciled in the District;

(b) The individual holds a DFHV vehicle operator’s license (Face card) to operate a luxury class vehicle;

(c) The individual owns or agrees in writing to purchase a new vehicle or a vehicle which is not required to be replaced within two (2) years from the date of application under this title or other applicable law;

(d) Consistent with the prohibition in § 1221.12, no person other than the applicant has acquired, or is designated to receive, a legal or beneficial interest in the ILVB, in any contract, will, or other legal document, and the applicant has not become domiciled in the District, requirements which shall appear in the charter documents from DCRA;

(e) The ILVB is a District-based business with a bona fide place of business in the District, registered with DCRA and subject to all other requirements for a District-based business, and eligible under all applicable District regulations and laws (other than those in this title) to appear on the title as co-owner of the vehicle for which the application is filed;

(f) The individual and the vehicle are in full compliance with all other requirements of this title, including all applicable licensing and operating requirements, as may be amended from time-to-time;

(g) The individual is in good standing with the Department, including having no pending enforcement actions;

(h) The individual is in compliance with the Clean Hands Act; and

(i) For renewal applications: such additional supporting information and documentation as may be required by the Department, including information and documentation showing the ILVB is in compliance with all operating requirements.

1221.6 Each application for operating authority shall:

(a) Contain such information and documentation as may be required by the Department, including information and documentation about the applicant, the vehicle, and the business;

(b) Be accompanied by the original charter documents for the ILVB demonstrating compliance with this section;

(d) Be filed not later than any deadline stated in an applicable administrative issuance; and

(e) Be accompanied by an application fee of two hundred fifty dollars ($250)

1221.7 The Department shall issue a decision to grant or deny an application for an initial or renewed certificate of operating authority within thirty (30) days.

1221.8 Operating authority for the ILVB shall be effective for twelve (12) months. The Department may establish a uniform renewal date through an administrative issuance.

1221.9 At the time an applicant is issued a certificate of operating authority, the applicant shall also be issued a DFHV vehicle license in the name of the applicant and the ILVB under §§ 1010 and 1204, which shall be automatically suspended or revoked if the ILVB’s operating authority or the applicant’s DFHV operator’s license (face card) is suspended or revoked.

1221.10 Failure to file an application to renew ILVB operating authority within the time established by the Department shall result in the loss of the operating authority. The application deadline shall not be extended.

1221.11 Each ILVB shall comply with § 812 for leasing the vehicle co-titled in its name. A lease executed in violation of this requirement shall be null and void.

1221.12 An ILVB operating authority shall be null and void, and thereby subject to immediate suspension, proposed suspension, and proposed revocation, if any time:

(a) A person other than the applicant acquires, or is designated to receive, a legal or beneficial interest in the ILVB, in any contract, will, or other legal document; or

(b) The applicant becomes domiciled in the District, provided however that in the event ILVB operating authority becomes null and void for this reason, the applicant shall be entitled to be issued a DFHV vehicle license as the exclusive owner of the vehicle where the applicant notifies the Department of the change in domicile within thirty (30) days of the change.

1221.13 Tags issued by DMV based on a DFHV vehicle license issued pursuant to this section shall be immediately surrendered to DMV if any of the following licenses are suspended (other than an immediate suspension), revoked, or not renewed:

(a) The applicant’s DFHV operator’s license;

(b) The vehicle’s DFHV vehicle license; or

1221.14 Tags required to be surrendered pursuant to § 1221.13 shall not be reissued, reclaimed, restored, or returned.

1221.15 The Department may deny any license issued under this title to any person the issuance of which would perpetuate a violation of this section.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1221

31 DCMR § 1299 [REPEALED]

History

SOURCE: Final Rulemaking published at 41 DCR 2812, 2828 (May 20, 1994); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 60 DCR 12394 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1299

31-13 LICENSING AND OPERATIONS OF TAXI METER COMPANIES

31 DCMR § 1300 APPLICATION AND SCOPE

1300.1 This chapter shall be applicable to and governs all taximeter businesses in the District of Columbia.

1300.2 The provisions of this chapter shall be interpreted to comply with the language and intent of section 105 of the 2005 District of Columbia Omnibus and Authorization Act, approved October 16, 2006, 120 Stat. 2023, D.C. Official Code § 50-381(a) (2007 Repl.) and the "District of Columbia Taxicab Commission Establishment Act of 1985," as amended.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1301 UNLICENSED BUSINESS ACTIVITY PROHIBITED

1301.1 No person shall sell, install, repair, adjust, or calibrate taximeters or install or replace seals, wiring harnesses or other equipment relating to the operation of a taximeter or cruiser light for use upon any licensed taxicab in the District of Columbia without a valid taximeter business license issued by the Commission.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1302 TAXIMETER BUSINESS LICENSE - GENERAL REQUIREMENTS

1302.1 The application for the initial and renewal of a taximeter business license shall be filed on a form provided by the Office of Taxicabs and shall contain a sworn and notarized statement that the information contained therein is true under penalty of perjury.

1302.2 License Application Requirements:

(a) An individual applicant for a taximeter business license shall meet the following requirements:

(1) Provide proof of identity in the form of a valid photo identification issued by the United States, any state or territory thereof, or any political subdivision of such state or territory; and a valid, original social security card;

(2) Be at least eighteen (18) years of age; and

(3) Be of good moral character as reflected by the outcome of the report required in section (d) and in accordance with the guidelines in § 1001.12.

(b) An applicant that is a partnership shall provide the following:

(1) A certified copy of the partnership certificate from the jurisdiction where the principal place of business is located.

(2) Each partner must satisfy the requirements for individual applicants set forth in § 1302.2.

(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, if incorporated less than one year from the date of the license application or a certificate of good standing; or if incorporated more than one year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation, filing receipt, and authority to do business within the District of Columbia;

(2) A list of its officers and shareholders, including names, residence addresses, telephone numbers, and percentage of ownership interest of each shareholder; and

(3) A certified copy of the minutes of the organizational meeting at which the current officers were elected.

(d) Each of the following persons shall be fingerprinted, for purposes of securing criminal history records from the Federal Bureau of Investigation:

(1) Each individual applicant;

(2) Each partner of a partnership applicant;

(3) Each officer or shareholder of a corporate applicant; and

(4) Each person who has provided funds either individually, or as a principal of a partnership or corporation, whether such funds were provided by gift, loan or otherwise, in connection with the operation of the taximeter business, unless such provider is a licensed bank or loan company. The applicant shall pay any processing fees required by the Office of Taxicabs or the Federal Bureau of Investigation.

(e) The Commission shall have the right to reject the proposed name of any taximeter business that is substantially similar to any name in use by another taximeter business licensee.

(f) Each license expires two (2) years from the date of issuance.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1303 TAXIMETER BUSINESS LICENSE - BOND REQUIRED

1303.1 Each applicant for an initial taximeter business license or renewal license shall deposit with the Commission and shall keep in full force and effect throughout the license period, a bond in the sum of fifty thousand ($50,000) dollars, provided by one or more sureties approved by the Commission.

1303.2 Such bond shall be payable to the DC Treasurer and shall be conditioned on the licensee complying with all provisions of this title including, but not limited to, compliance with the Clean Hands Act and payment of any fines or judgments against said licensee by any court or administrative agency, including, but not limited to, the Office of Administrative Hearings for violations of this title.

1303.4 This bond shall remain in full force and effect for the term of the taximeter business license, and for one (1) year following the termination, non-renewal, or revocation of any license.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1304 TAXIMETER BUSINESS LICENSE - FINANCIAL DISCLOSURE

1304.1 Each individual, partner, corporate shareholder or corporate officer applicant for a new or renewal taximeter business license shall file with the Commission a financial disclosure statement, to be submitted on a form provided by the Office of Taxicabs, which shall include but not be limited to identifying such individual's assets, liabilities, income, net worth, source of bank accounts and any investments a business licensed or regulated by the Commission or with an individual or entity who is a participant in a business licensed or regulated by the Commission.

1304.2 Each individual, partner, shareholder or officer of a taximeter business shall disclose to the Commission his interest, whether as owner, partner, officer, shareholder, director, lender or other creditor, in any licensed taxicab.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1305 TAXIMETER BUSINESS LICENSE - FEES

1305.1 Every application for a license to operate a taximeter business shall be accompanied by a non-refundable application fee of five hundred dollars ($500) to be deducted from the first bi-annual license fee of two thousand dollars ($2,000).

1305.2 The license application fee and the license fee shall be payable by money order or by certified check and payable to the DC Treasurer.

1305.3 The bi-annual renewal license fee after the first license is one thousand and five hundred dollars ($1,500) and is due on the anniversary of the issuance of the license.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1306 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1306

31 DCMR § 1307 TAXIMETER BUSINESS - CHANGE IN OWNERSHIP

1307.1 A taximeter business owner shall not, without the prior consent of the Commission, transfer any interest in a taximeter business, including, but not limited to, the transfer of any ownership interest, or any agreement to transfer an ownership interest in the future.

1307.2 A taximeter business owner shall not, without prior notification and approval by the Commission, make any change in location, mailing address, corporate name, trade name, corporate officers, or any other material deviation from the description of the taximeter business as stated in the original or renewal application.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1308 TAXIMETER BUSINESS - COMPLIANCE WITH APPLICABLE LAWS

1308.1 A licensee shall obtain and keep in full force and effect all licenses and permits required by the District or federal laws.

1308.2 A licensee shall comply with all applicable Occupational Safety and Health Act (OSHA) standards and requirements at the licensee's place of business, as well as all other Federal and District laws governing the conduct of its business.

1308.3 A licensee shall pay any fines, fees, and/or taxes owed by it to the federal or District government.

1308.4 A licensee shall comply with all workers' compensation and disability benefits laws, and all federal laws regarding the withholding of taxes and payment of FICA and other withholding taxes.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1309 TAXIMETER BUSINESS - FEES CHARGED BY LICENSEES

1309.1 A licensee shall file with the Commission a schedule of current fees for all services related to the sale, repair, installation and calibration of taximeters, including, but not limited to, inspections, tests, adjustments, installations, corrections, or repairs.

1309.2 Any change in fees shall be filed with the Commission at least ten (10) days prior to the scheduled date of said change in fees.

1309.3 A taximeter business owner shall not engage in any business unless a current schedule of inspection and repair charges, including hourly rates, if applicable, is prominently displayed to the public on the business premises.

1309.4 A taximeter business owner shall not publicly display any fee schedule until after it has been filed with the Commission.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1310 TAXIMETER BUSINESS - PREMISES AND EQUIPMENT

1310.1 A taximeter business licensee shall meet the following requirements at all times:

(a) Be located within an area zoned for this business activity;

(b) Be of sufficient size to simultaneously accommodate at least three (3) vehicles of the type(s) and model(s) licensed by the Commission;

(c) Have sufficient illumination and space in inspection, testing, and calibration areas to enable proper inspections and tests required by these regulations; and

(d) Have all signs required by law and these rules.

1310.2 A taximeter business licensee may not use temporary structures that are not described in the certificate of occupancy for the premises.

1310.3 No installation, adjustment, correction, calibration, or repairs of any type may be performed on a public street or any facility other than the taximeter business premises.

1310.3 A taximeter business shall be equipped with, at a minimum, the equipment required by the Commission for the repair and installation of taximeters.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1311 TAXIMETER BUSINESS - EQUIPMENT MAINTENANCE

1311.1 A taximeter business owner shall properly maintain all equipment required by the Commission, or any other equipment required by law or regulation, in good working order, and in such a manner that an inspection, test, or calibration may be conducted in conformity with these rules.

1311.2 A taximeter business shall not conduct any test, calibration, or installation using equipment that is not in good working order.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1312 TAXIMETER BUSINESS - SIGNAGE ON PREMISES

1312.1 A "licensed taximeter business" sign, bearing the taximeter business license number and meeting the specifications of the Commission, shall, at all times, be hung or mounted on the outside of the premises in such a manner that it is easily visible to the public from outside the building

1312.2 A taximeter business owner shall not display a "licensed taximeter business" sign if its taximeter business license, or any other necessary license, is expired, suspended or revoked or if it never was licensed.

1312.3 Each licensed taximeter business shall have affixed to the inside of the glass window thereon, to be clearly legible from the outside, a printed sign bearing its business name, license number, and the Commission's complaint telephone number.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1313 TAXIMETER BUSINESS - PERSONAL CONDUCT

1313.1 A taximeter business owner or his representative, while performing duties and responsibilities as a licensed taximeter business, shall not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny.

1313.2 Examples of fraud, larceny or misrepresentation include, but are not limited to:

(a) Calibration of a fare other than that set by the Commission;

(b) Adjustment of the tire size, driving axle, pinion gear, transducer, wiring, or other equipment, for the purpose of generating an inaccurate signal of time or distance into the taximeter; or

(c) The manufacture, sale or installation of any device which is either designed to or does generate a false or inaccurate signal into the taximeter.

1313.3 A taximeter business owner or his representative shall not perform any willful act of omission or commission, which is against the best interest of the public, even if not specifically prohibited by these rules.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1314 TAXIMETER BUSINESS - UNLAWFUL ACTIVITIES PROHIBITED

1314.1 A taximeter business owner shall not use or permit any other person to use his business premises or office of record for any unlawful purpose.

1314.2 A taximeter business owner shall not conceal any evidence of a crime connected with his business premises or office of record.

1314.3 A taximeter business owner shall report immediately to the Commission and the police any attempt to use his business premises to commit a crime.

1314.4 A taximeter business owner shall not file with the Commission any statement, including but not limited to statements required to be filed pursuant to these rules, which he or she knows or reasonably should know to be false, misleading, deceptive or materially incomplete.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1315 TAXIMETER BUSINESS - NOTIFICATION OF CRIMINAL CONVICTION OR OTHER CHANGE IN LICENSE CONDITIONS

1315.1 A taximeter business owner, including a member of a partnership or any officer or shareholder of a corporation, shall notify the Commission in writing of his/her conviction for a crime within fifteen (15) days of such conviction, and he or she shall deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court within fifteen (15) days of conviction.

1315.2 In accordance with § 1307.2, a taximeter business owner shall notify the Commission of any material change in the information contained on such owner's latest taximeter business license application or renewal.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1316 TAXIMETER BUSINESS - NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION

1316.1 A taximeter business owner shall immediately notify the Commission in writing of any suspension or revocation of any license granted to the licensee, or any other person acting on his behalf, by any agency of the District of Columbia or federal government.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1317 TAXIMETER BUSINESS - BRIBERY PROHIBITED

1317.1 A taximeter business owner or any person acting on his behalf shall not offer or give any gift, gratuity, or thing of value to any employee, representative, or member of the Commission, or any public servant.

1317.2 A taximeter business owner or any person acting on his behalf or during the scope of his or her employment with said taximeter business owner, shall immediately report to the Commission and the Inspector General any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any public servant.

1317.3 A taximeter business owner or any person acting on his behalf shall not accept any gift, gratuity, or thing of value from an owner or driver of any vehicle licensed by the Commission, or any individual or any other person actually or purportedly acting on behalf of such owner or driver for the purpose of omitting an act required by these rules or committing any violation of these rules.

1317.4 A taximeter business owner shall notify the Commission immediately and in writing within twenty-four (24) hours thereafter of any offer of a gift or gratuity prohibited by § 1317.1.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1318 TAXIMETER BUSINESS - THREATENING, HARASSING OR ABUSIVE CONDUCT PROHIBITED

1318.1 A taximeter business owner, while performing his duties and responsibilities as a licensee, shall not:

(a) Threaten, harass, or abuse any governmental or Commission representative, public servant, or other person; and

(b) Use or attempt to use any physical force against a Commission representative, public servant or any other person.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1319 TAXIMETER BUSINESS - COOPERATION WITH THE COMMISSION

1319.1 A taximeter business owner shall, at all times, cooperate with all law enforcement officers and representatives of the Commission.

1319.2 A taximeter business owner shall answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives.

1319.3 A licensee shall produce his/her Commission license and/or other documents whenever the Commission requires.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1320 TAXIMETER BUSINESS - LIABILITY FOR CONDUCT OF EMPLOYEES

1320.1 A taximeter business owner shall supervise and be responsible for the conduct of all its employees, contractors or agents, for the activities including, but not limited to, the sale, installation, inspection, testing, and calibration of taximeters.

1320.2 A taximeter business owner shall ensure that all employees are fully familiar with the rules and regulations contained herein, as well as any other pertinent regulatory agency rules and regulations.

1320.3 To this end, a taximeter business shall employ only such persons who have been certified as taximeter technicians by a taximeter manufacturer to perform any installation, testing, repair or calibration of the taximeter on which work is being performed:

(a) Any work involving a taximeter, including, but not limited to, installation, inspection, calibration, and repair shall be performed by a technician certified by the taximeter manufacturer; and

(b) The certified technician shall be responsible for maintaining all records required by the Commission and shall place his signature on all inspection, testing, repair or other reports prepared by him.

1320.4 A taximeter business owner shall ensure that all employees perform their duties in compliance with all relevant federal and District laws, rules, and regulations.

1320.5 A taximeter business shall furnish to the Commission, upon licensure or renewal, the names of all certified taximeter technicians employed by it and shall notify the Commission in writing of any changes in the employment of certified taximeter technicians.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1321 TAXIMETER BUSINESS - LIABILITY FOR TAMPERING OR ALTERATION

1321.1 By installing a seal on a taximeter, the taximeter business certifies that the taximeter has been tested and calibrated in accordance with these rules.

1321.2 A taximeter business owner shall be strictly liable for the tampering of a meter that is sealed with an unbroken seal issued by a taximeter business.

1321.3 By testing, installing or calibrating a taximeter, the taximeter business certifies that at the time of such installation, testing or calibration, it has:

(a) Examined and found the wiring harness leading from the taximeter to the speed sensor is of one (1) piece construction with no intervening connectors, splices, "Y" connections, or direct or indirect interruptions of any kind whatsoever, and

(b) Examined the pinion gear seal and has determined that it is properly sealed.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1322 TAXIMETER BUSINESS - DUTY TO NOTIFY THE COMMISSION

1322.1 A taximeter business shall notify the Commission by telephone immediately, and in writing within twenty-four (24) hours, of any of the following occurrences:

(a) A taximeter which the taximeter business knows or has reason to know has been reported to the Commission as lost or stolen has been presented to the taximeter business for installation, repair, adjustment or calibration;

(b) A taximeter has been presented for installation, repair, adjustment or calibration on which one or more seals are removed, damaged, broken or tampered with;

(c) A person whom the taximeter business owner knows or should have known to be a licensee of the Commission, or to be acting on behalf of a licensee, has requested that the taximeter business engage in any activity prohibited by these rules;

(d) A person whom the taximeter business owner knows or should have known to be a licensee of the Commission, or to be acting on behalf of a licensee, has attempted to repair, or connect any unauthorized device to, any taximeter, seal, cable connection or electrical wiring, which may have affected the operation of a taximeter; and

(e) The taximeter business discovers the existence of any intervening connections, splices, "Y" connections or direct or indirect interruptions or connections of any kind whatsoever.

1322.2 Any notice required to be provided to the Commission hereunder shall contain, at a minimum, the following information:

(a) The taxicab name and number and vehicle tag number;

(b) The name(s) and license number(s), if any, of the driver(s) who presented the vehicle to the taximeter business;

(d) A detailed description of the taximeter as described in section 1322.1(a).

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1323 TAXIMETER BUSINESS - SEALS

1323.1 Installation of a taximeter shall include the affixing of security seals to the taximeter as required by the Commission. Only seals which have been authorized and approved by the Commission shall be used by a taximeter business. The security seals shall be installed in a manner prescribed by the Commission, and in such manner that the security seals self-destruct when the taximeter or sealed part of the vehicle is disassembled.

1323.2 Each seal shall be numbered and the taximeter business shall keep a record of each seal used. Seals must be used in consecutive numerical order, and any seal not used must be accounted for. The record of seals shall be available for inspection by the Commission as set forth herein. The record shall contain, at a minimum, the following information:

(a) The seal number;

(b) The number of the taximeter in which the seal was installed;

(d) The date the seal was installed;

(e) The date and seal number of any seal removed;

(f) The reason for installing any new seal; and

(g) The wheel and tire size at the time of inspection and the recommended tire pressure.

1323.3 No taximeter business shall install a seal on a taximeter without removing all seals installed by another meter shop, whether or not broken.

1323.4 Each taximeter business shall maintain on its business premises either a fireproof safe secured to the floor of the establishment or a locked, secured room secured by an alarm connected to a centralized monitoring facility, for the storage of seals and taximeter repair records.

1323.5 Each taximeter business shall maintain and file with the Commission a description of the procedures used by it to prevent the loss, theft, destruction or misuse of taximeter seals.

1323.6 A taximeter business shall not install a meter or seal in a taxicab that it owns or with which it is affiliated.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1324 TAXIMETER BUSINESS - REQUIRED INSPECTIONS

1324.1 A taximeter shall be inspected by the taximeter business whenever it is installed, repaired, or calibrated. Inspection shall include examination of the taximeter installation and operation to verify compliance with:

(a) The taximeter specifications, type approvals, tolerances, and all other requirements of the commission, including, but not limited to a measured mile run test;

(b) The rate of fare established by the Commission;

(d) All other applicable federal and District regulations and guidelines.

1324.2 This section shall not apply to repairs which are made exclusively to the printing mechanism or the resetting of the date and/or time on the printer receipt.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1325 TAXIMETER BUSINESS - OTHER REPAIR LIMITATIONS

1325.1 A taximeter business owner shall not perform any work on a taximeter, including, but not limited to, inspection, testing, calibration, or repair, if:

(a) No valid vehicle license from the Commission is presented unless the taximeter is not for use in a taxicab licensed by the Commission;

(b) The taximeter serial number is deleted, defaced, or otherwise altered;

(c) The vehicle is licensed by the Commission and the taximeter make, model or serial number appears on the Commission vehicle license or rate card, and the commission has not otherwise authorized the use of that taximeter;

(d) The taximeter business licensee knows or should know that the taximeter presented for testing was reported lost or stolen to the Commission or any other law enforcement agency; or

(e) The taximeter business licensee has not obtained from the owner or driver of the vehicle, or his agent, a written consent to perform any work on the taximeter.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1326 TAXIMETER BUSINESS - RECORD OF TAXIMETER TESTS

1326.1 The taximeter business owner shall record the results of any inspections or tests, and the taximeter make, model, and serial number on a form, prescribed by the Office of Taxicabs, which the taximeter business licensee shall submit to the Commission within seven (7) days of such inspection.

1326.2 Upon a determination that a taximeter has passed an inspection, the taximeter business owner, in addition to complying with § 1326.1, shall affix a certification sticker, prescribed and approved by the Office of Taxicabs, to the taximeter. Any certification sticker shall not be re-affixed to the taximeter if removed.

1326.3 A taximeter business owner shall provide for the safekeeping of certification stickers, shall control their sequence of issuance, and shall ensure that such stickers are placed only on taximeters in accordance with these regulations.

1326.4 When a taximeter is installed in preparation for "hack-up," the taximeter business owner, in addition to complying with § 1326.1 and §1326.2 shall:

(a) Prepare a vehicle "hack up" certification form approved by the Office of Taxicabs at the completion of the preparatory work for vehicle "hack-up";

(b) Submit to the Commission, within 24 hours, all documents relating to the installation and inspection of such taximeter; and

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1327 TAXIMETER BUSINESS - REPAIR WORK AFTER TEST FAILURE PROHIBITED

1327.1 No taximeter business owner shall, as a condition of performing any test or other work, require a vehicle driver or owner to undertake any repair work at his business. He shall inform the owner or driver that he may select another licensed taximeter business to perform a repair.

1327.2 No taximeter business owner shall direct a vehicle owner to utilize any other taximeter business to perform said repair work.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1328 TAXIMETER BUSINESS - OVERCHARGES PROHIBITED

1328.1 A licensed taximeter business shall not charge fees for any work involving taximeters in excess of the fees set by its fee schedule, which shall be filed with the Commission and shall be publicly displayed pursuant to § 1309 of these rules.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1329 TAXIMETER BUSINESS - SALE OF TAXIMETERS

1329.1 A taximeter business owner shall only sell and install taximeters for use in a District of Columbia licensed taxicab that have been approved by the Commission.

1329.2 A taximeter business owner shall not sell a taximeter for use in a taxicab licensed by the Commission unless a valid vehicle license from the Commission is presented.

1329.3 A taximeter business owner shall not sell a taximeter for use in a Commission licensed vehicle unless the installation, testing and certification of the taximeter/vehicle assembly is performed by the taximeter business licensee or an employee thereof.

1329.4 A taximeter business owner shall report to the Commission, within seven (7) days, all sales, trades or exchanges of taximeters by the licensed taximeter business on a form prescribed by the Commission.

1329.5 A taximeter business owner shall inform all purchasers in writing, before the sale takes place, of any and all restrictions imposed by the taximeter manufacturer and/or taximeter business licensee regarding the testing, repairs, calibration and installation of the taximeter.

1329.6 A taximeter business owner shall remove, deface, or otherwise void the validity of the certification sticker upon receipt of a taximeter purchased, exchanged, or accepted in trade by the taximeter business licensee, and report such decertification to the Commission.

1329.7 The certification sticker must conform to all specifications established by the Commission and bear the name of the Chairperson of the Commission.

1329.8 All installations of taximeters in taxicabs license to operate in the District of Columbia must be in accordance with specifications which have been filed with and approved by the Commission.

1329.9 No change in the method of installation shall be made unless the installation method has been filed with and approved by the Commission.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1330 TAXIMETER BUSINESS - RECORD KEEPING AND REPORTING

1330.1 A taximeter business owner shall comply with all record keeping procedures established by the Office of Taxicabs. All records required to be kept by the Office of Taxicabs shall be in the form and manner prescribed by the Office of Taxicabs and must be maintained for a period of five (5) years.

1330.2 All record-keeping entries must be made by a technician certified in accordance with § 1320.3 of these rules.

1330.3 A taximeter business owner shall account for all certification stickers procured and issued by the taximeter business licensee.

1330.4 A taximeter business owner shall account for all new or used taximeters that the taximeter business licensee buys, loans, rents, exchanges, or accepts in trade.

1330.5 A taximeter business owner shall keep records of all sales, installations, inspections, re-inspections, calibrations, repairs and the results thereof.

1330.6 At any and all times, a taximeter business owner shall make available for examination, to any agent of the Commission, or any other properly authorized law enforcement officer, all the records the official taximeter business is required to keep.

1330.7 A taximeter business owner shall permit any agent of the Commission or any law enforcement official to inspect any portion of its business premises at any time.

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008).

31 DCMR § 1331 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1331

31 DCMR § 1332 ENFORCEMENT OF THIS CHAPTER

1332.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1332

31 DCMR § 1399 [REPEALED]

History

SOURCE: Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1399

31-14 OPERATION OF BLACK CARS

31 DCMR § 1400 APPLICATION AND SCOPE

1400.1 This chapter establishes regulations for the businesses, operators, and vehicles which participate in providing black car service.

1400.2 Additional provisions applicable to the operators and vehicles which participate in providing black car service appear in Chapter 12.

1400.3 Additional provisions applicable to the digital dispatch services which participate in providing black car service appear in Chapter 16.

1400.4 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act, as amended by Vehicle-for-Hire Act, and by the Impoundment Act.

1400.5 No provision of this chapter requiring a delegation of authority from the Mayor shall apply in the absence of such authority.

1400.6 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1400

31 DCMR § 1401 GENERAL PROVISIONS

1401.1 Each trip by a black car in the District shall meet the following requirements, in addition to other requirements set forth in this title:

(a) It shall be booked through a digital dispatch and paid for by a digital payment processed by a digital dispatch service which is in compliance with Chapter 16 and this chapter;

(b) The owner, operator, and vehicle shall be in compliance with this title, including all licensing and insurance requirements; and

(c) The vehicle shall be designated and maintained as “smoking” or “non-smoking” pursuant to § 1402.9, a designation which shall be disclosed to the passenger prior to the passenger’s acceptance of service.

1401.2 No person shall participate in providing black car service in the District without first having procured all applicable licenses and met all requirements of this title and other applicable laws. A violation of this subsection shall subject the violator to civil fines as provided under Chapter 20 of this title and any other penalty authorized by the Act or an applicable provision of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1401

31 DCMR § 1402 OPERATING REQUIREMENTS

1402.1 Each black car owner, operator, and vehicle shall, at all times, be in compliance with all applicable provisions of this chapter and Chapter 12.

1402.2 Each operator shall associate only with, and use a digital payment system (“DPS”) made available by, a DDS which is in compliance with this chapter, Chapter 16, and other applicable laws.

1402.3 Each operator and owner shall cooperate with the Office and District enforcement officials, including complying with all compliance orders issued orally and in writing. Failure to timely and fully comply with a compliance order shall subject the operator or owner to the civil penalties provided in Chapter 20.

1402.4 Each operator shall at all times carry on his or her person, or have readily available inside the vehicle for production upon demand by a District enforcement official, the following documents:

(1) The operator’s personal driver’s license;

(2) The vehicle registration;

(3) The operator's DFHV operator’s license identification card; and

(4) An insurance card or policy, or digital or electronic version thereof, evidencing a valid and effective commercial insurance policy meeting the requirements of Chapter 9. The Department may issue an administrative issuance approving the forms of digital and electronic information acceptable as proof of insurance under this paragraph.

1402.5 Each black car owner, operator, and vehicle shall at all times be in compliance with the insurance requirements of Chapter 9. Failure to comply with insurance requirements shall subject the violator to the civil penalties in Chapter 9.

1402.6 The fare for black car service, if any, shall:

(a) Be based on time and distance rates as set by the DDS except for a set fare for a route approved by the Office order for a well-traveled route, including a trip to an airport or to an event;

(b) Be consistent with the DDS’ statement of its fare calculation method posted on its website pursuant to Chapter 16;

(d) Be used to calculate an estimated fare, if any, and disclosed to the passenger prior to the acceptance of service;

(e) State whether demand pricing applies and, if so, the effect of such pricing on the estimate; and

(f) Not include a gratuity that does not meet the definition of a “gratuity” as defined in this title.

1402.7 Each charge other than a passenger rate or charge, such as a trip cancellation fee, membership fee, or other similar charge, shall be disclosed to the passenger prior to acceptance of the service.

1402.8 Each black car operator shall provide service only if all the passengers in the vehicle are passengers who have been picked up pursuant to a digital dispatch. No other passenger shall be allowed in the vehicle.

1402.9 Each black car owner shall designate each vehicle as a “smoking” or a “non-smoking” vehicle, and shall maintain the vehicle as follows:

(a) No “smoking” vehicle or vehicle in which smoking has occurred in the prior two (2) years shall be designated or re-designated as a “non-smoking” vehicle.

(b) If a vehicle is designated as a “non-smoking” vehicle, smoking shall not be permitted in the vehicle at any time by any individual, including the operator.

(1) When the operator is providing service, smoking shall only be permitted with prior consent of all passengers pursuant to the Smoking Restriction Act; and

(2) When the operator is providing service, the operator shall not smoke or handle tobacco products, lighters, or matches.

(d) The designation of a vehicle as “smoking” or “non-smoking” shall be disclosed to the passenger prior to the acceptance of the service.

(e) The Office may require each owner to file the designation of a vehicle under this subsection in a form it deems appropriate, for which it shall not charge the owner an administrative fee.

1402.10 Each operator shall comply with the following operating requirements:

(a) § 807.3 (Distracted Driving Safety Act);

(b) § 807.4 (Use of mobile phone or other electronic device);

(d) § 814.7 (Counterfeiting of documents);

(e) §§ 816.1-816.14 (Standards of conduct including reporting of arrest);

(f) § 817.1 (Harassment and use of physical force);

(g) § 818 (Prohibition of discrimination);

(h) § 819.1-819.5 (Consumer service and passenger relations);

(i) § 821.5 (Prohibition of loitering);

(j) § 821.7 (Prohibition on using taxicab stands);

(k) § 823 (Manifest – written or electronic); and

(l) § 828 (Reciprocity with surrounding jurisdictions).

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 64 DCR 782 (January 27, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1402

31 DCMR § 1403 PROHIBITIONS

1403.1 No operator shall provide service or sign into a DPS if either the operator or the vehicle does not have all current and valid licenses required by this title and other applicable laws.

1403.2 No operator shall provide service while under the influence of illegal intoxicants, or under the influence of legal intoxicants that have been prescribed with a warning against use while driving or operating equipment.

1403.3 No operator shall solicit or accept a street hail, engage in false dispatch, loiter, cruise, or use a taxicab stand.

1403.4 No operator shall accept a payment from a passenger, or provide service, unless the amount of the fare (including any gratuity), and the method of payment, comply with all applicable provisions of this chapter and Chapter 16.

1403.5 No operator shall access or attempt to access a passenger’s payment information after the payment has been processed.

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1403

31 DCMR § 1404 PENALTIES

1404.1 Each violation of this chapter by a black car owner or operator shall subject the owner or operator to:

(a) Civil fines as provided under Chapter 20 of this title;

(b) Enforcement action other than a civil fine, as provided in Chapter 7. In the case of an operator suspended pursuant to Chapter 7, in addition to any conditions available under Chapter 7, one or more of the following conditions may be imposed, at the expense of the operator, where the Office determines the condition is related to the violation, including, but not limited to:

(1) Completion of an anger management course, cultural sensitivity course, sexual harassment course, driver education, or another subject related to the misconduct; or

(2) Re-taking of the DCTC operator’s training course;

(d) A combination of the sanctions enumerated in parts (a)-(c).

1404.2 [RESERVED]

1404.3 An operator charged with a violation of § 1403.3 for false dispatch may, without notice, be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, as determined by the trier of fact based on the evidence presented, but shall not be held liable for both violations.

1404.4 Penalties for the violation of a provision of this chapter by a DDS shall be in accordance with the penalty provisions of Chapter 16.

1404.5 The enforcement of this chapter shall be governed by the procedures of Chapter 7.

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1404

31 DCMR § 1405 [REPEALED].

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1405

31 DCMR § 1406 [REPEALED].

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1406

31 DCMR § 1407 [REPEALED].

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1407

31 DCMR § 1499 [REPEALED]

History

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1499

31-15 LICENSING AND OPERATIONS OF DOME LIGHT INSTALLATION COMPANIES

31 DCMR § 1500 APPLICATION AND SCOPE

1500.1 This chapter shall be applicable to and governs the establishment of a new taxicab numbering system and all dome light installation businesses in the District of Columbia.

1500.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301 et seq.) (2009 Repl.).

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1501 UNLICENSED BUSINESS ACTIVITY PROHIBITED

1501.1 No person shall sell, install, repair, or adjust taxi dome lights or other equipment relating to the operation of a dome light for use on any licensed taxicab in the District of Columbia without a valid dome light installation business license issued by the Commission, which is in addition to the Basic Business License required by D.C. Official Code § 47-2851.04. The foregoing notwithstanding, a person possessing a valid Taximeter Business or Taxi Smart Meter System Business or Taxi Smart Meter System Business license issued by the Commission shall not be required to submit a separate application for a dome light installation business license. However, such person shall otherwise comply with the requirements of this chapter, including the payment of all license fees and the submission of a separate bond, as required by section 1503 of this chapter.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1502 DOME LIGHT INSTALLATION BUSINESS LICENSE - GENERAL REQUIREMENTS

1502.1 The application for the initial and renewal dome light installation business license shall be filed on a form provided by the Office of Taxicabs and shall contain a sworn and notarized statement that the information contained therein is true under penalty of perjury.

1502.2 License Application Requirements:

(a) An individual applicant for a dome light installation business license shall:

(2) Be at least eighteen (18) years of age; and

(3) Be of good moral character as reflected by the outcome of the report required in paragraph (d) of this subsection and in accordance with the guidelines in § 1001.12 of this title.

(b) An applicant that is a partnership shall provide the following:

(1) A certified copy of the partnership certificate from the jurisdiction where the principal place of business is located.

(2) Each partner must satisfy the requirements for individual applicants set forth in § 1502.2(a).

(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, if incorporated less than one (1) year from the date of the license application or a certificate of good standing; or if incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation, filing receipt, and authority to do business within the District of Columbia;

(2) A list of its officers and shareholders, including names, residence addresses, telephone numbers, and percentage of ownership interest of each shareholder; and

(3) A certified copy of the minutes of the organizational meeting at which the current officers were elected.

(d) Each of the following persons shall be fingerprinted, for purposes of securing criminal history records from the Federal Bureau of Investigation:

(1) Each individual applicant;

(2) Each partner of a partnership applicant;

(3) Each officer or shareholder of a corporate applicant; and

(4) Each person who has provided funds either individually, or as a principal of a partnership or corporation, whether such funds were provided by gift, loan, or otherwise, in connection with the operation of the dome light installation business, unless such provider is a licensed bank or loan company. The applicant shall pay any processing fees required by the Office of Taxicabs or the Federal Bureau of Investigation.

(e) The Commission shall have the right to reject the proposed name of any dome light installation business that is substantially similar to any name in use by another dome light installation business licensee.

(f) Each license expires two (2) years from the date of issuance.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1503 DOME LIGHT INSTALLATION BUSINESS LICENSE - BOND REQUIRED

1503.1 Each applicant for an initial dome light installation business license or renewal license shall deposit with the Commission and shall keep in full force and effect throughout the license period, a bond in the sum of fifty thousand dollars ($50,000), provided by one (1) or more sureties approved by the Commission.

1503.2 Such bond shall be payable to the DC Treasurer and shall be conditioned on the licensee complying with all provisions of this title including, but not limited to, compliance with the Clean Hands Act and payment of any fines or judgments against said licensee by any court or administrative agency, including, but not limited to, the Office of Administrative Hearings for violations of this title.

1503.3 This bond shall remain in full force and effect for the term of the dome light installation business license, and for one (1) year following the termination, non-renewal, or revocation of any license.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1504 DOME LIGHT INSTALLATION BUSINESS LICENSE - FINANCIAL DISCLOSURE

1504.1 Each individual, partner, corporate shareholder, or corporate officer applicant for a new or renewal dome light installation business license shall file with the Commission a financial disclosure statement, to be submitted on a form provided by the Commission, which shall include but not be limited to identifying such individual's assets, liabilities, income, net worth, source of bank accounts, and any investments a business licensed or regulated by the Commission or with an individual or entity who is a participant in a business licensed or regulated by the Commission.

1504.2 Each individual, partner, shareholder, or officer of a dome light installation business shall disclose to the Commission that person’s interest, whether as owner, partner, officer, shareholder, director, lender, or other creditor, in any licensed taxicab.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1505 DOME LIGHT INSTALLATION BUSINESS LICENSE - FEES

1505.1 Every application for a license to operate a dome light installation business shall be accompanied by a non-refundable application fee of five hundred dollars ($500).

1505.2 The license application fee and the license fee shall be payable to the DC Treasurer by money order or by certified check.

1505.3 The bi-annual renewal license fee including the first license is one thousand five hundred dollars ($1,500) and is due on the anniversary of the issuance of the license.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1506 [RESERVED]

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012); as amended by Final Rulemaking published at 62 DCR 2554 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1506

31 DCMR § 1507 DOME LIGHT INSTALLATION BUSINESS – CHANGE IN OWNERSHIP

1507.1 A dome light installation business owner shall not, without prior notification and approval by the Commission, transfer any interest in a dome light installation business, including, but not limited to, the transfer of any ownership interest, or any agreement to transfer an ownership interest in the future.

1507.2 A dome light installation business owner shall not, without prior notification and approval by the Commission, make any change in location, mailing address, corporate name, trade name, corporate officers, or any other material deviation from the description of the dome light installation business as stated in the original or renewal application.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1508 DOME LIGHT INSTALLATION BUSINESS – COMPLIANCE WITH APPLICABLE LAWS

1508.1 A licensee shall obtain and keep in full force and effect all licenses and permits required by District or federal laws.

1508.2 A licensee shall comply with all applicable Occupational Safety and Health Act (OSHA) standards and requirements at the licensee’s place of business, as well as all other federal and District laws governing the conduct of its business.

1508.3 A licensee shall pay any fines, fees, or taxes owed by it to the federal or District government.

1508.4 A licensee shall comply with all workers’ compensation and disability benefits laws and all federal laws regarding the withholding of taxes and payment of FICA and other withholding taxes.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1509 DOME LIGHT INSTALLATION BUSINESS – FEES CHARGED BY LICENSEES

1509.1 A licensee shall file with the Commission a schedule of current fees for all services related to the sale, repair, installation, and calibration of dome lights, including, but not limited to, inspections, tests, adjustments, installations, corrections, or repairs.

1509.2 Any change in fees shall be filed with the Commission at least ten (10) days prior to the scheduled effective date of the change in fees.

1509.3 A dome light installation business owner shall not engage in any business unless a current schedule of inspection and repair charges, including hourly rates, if applicable, is prominently displayed to the public on the business premises.

1509.4 A dome light installation business owner shall not publicly display any fee schedule until it has been filed with the Commission.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1510 DOME LIGHT INSTALLATION BUSINESS – PREMISES AND EQUIPMENT

1510.1 A dome light installation business licensee shall at all times:

(a) Be located within an area zoned for this business activity;

Be of sufficient size to simultaneously accommodate at least three (3) vehicles of the type(s) and model(s) licensed by the Commission;

Have sufficient illumination and space in inspection, testing, and calibration areas to enable proper inspections and tests required by these regulations; and

(d) Have all signs required by law and these rules.

1510.2 A dome light installation business licensee may not use temporary structures that are not described in the certificate of occupancy for the premises.

1510.3 No installation, adjustment, correction, or repairs of any type may be performed on a public right-of-way or in any facility other than the dome light installation business premises.

1510.4 A dome light installation business shall be equipped with, at a minimum, the equipment required by the Commission for the repair and installation of dome lights.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1511 DOME LIGHT INSTALLATION BUSINESS – EQUIPMENT MAINTENANCE

1511.1 A dome light installation business owner shall properly maintain all equipment required by the Commission, and any other equipment required by law or regulation, in good working order and in such a manner that an inspection or test may be conducted in conformity with these rules.

1511.2 A dome light installation business shall not conduct any test or installation using equipment that is not in good working order.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1512 DOME LIGHT INSTALLATION BUSINESS – SIGNAGE ON PREMISES

1512.1 A licensed dome light installation business sign, bearing the dome light installation business license number and meeting the specifications of the Commission, shall, at all times, be hung or mounted on the outside of the premises in such a manner that it is easily visible to the public from outside the building.

1512.2 A dome light installation business owner shall not display a licensed dome light installation business sign if its dome light installation business license, or any other necessary license, is expired, suspended, or revoked.

1512.3 The business location of each licensed dome light installation business shall have affixed to the inside of a front facing glass window, clearly legible from the outside, a printed sign bearing its business name, license number, and the Commission’s complaint telephone number.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1513 DOME LIGHT INSTALLATION BUSINESS – PERSONAL CONDUCT

1513.1 A dome light installation business owner or his representative, while performing duties and responsibilities as a licensed dome light installation business, shall not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny.

1513.2 Examples of fraud, misrepresentation, or larceny include, but are not limited to:

(a) Adjustments for the purpose of tampering with the accurate operation of the dome light; or

(b) The manufacture, sale, or installation of any device that is either designed to or does tamper with the accurate operation of a dome light.

1513.3 A dome light installation business owner or his representative shall not perform any willful act of omission or commission which is against the best interest of the public, even if not specifically prohibited by these rules.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1514 DOME LIGHT INSTALLATION BUSINESS – UNLAWFUL ACTIVITIES PROHIBITED

1514.1 A dome light installation business owner shall not use or permit any other person to use the owner’s business premises or office of record for any unlawful purpose.

1514.2 A dome light installation business owner shall not conceal any evidence of a crime connected with the owner’s business premises or office of record.

1514.3 A dome light installation business owner shall report immediately to the Commission and the police any attempt to use the owner’s business premises to commit a crime.

1514.4 A dome light installation business owner shall not file with the Commission any statement, including but not limited to statements required to be filed pursuant to these rules, which the owner knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1515 DOME LIGHT INSTALLATION BUSINESS – NOTIFICATION OF CRIMINAL CONVICTION OR OTHER CHANGE IN LICENSE CONDITIONS

1515.1 A dome light installation business owner, including a member of a partnership or any officer or shareholder of a corporation, shall notify the Commission in writing of his or her conviction for a crime within fifteen (15) days of such conviction, and he or she shall deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court within fifteen (15) days of disposition.

1515.2 In accordance with § 1507.2, a dome light installation business owner shall notify the Commission of any material change in the information contained on such owner’s latest dome light installation business license application or renewal.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1516 DOME LIGHT INSTALLATION BUSINESS – NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION

1516.1 A dome light installation business owner shall immediately notify the Commission in writing of any suspension or revocation of any license granted to the licensee, or any other person acting on his behalf, by any agency of the District of Columbia or federal government.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1517 DOME LIGHT INSTALLATION BUSINESS – BRIBERY PROHIBITED

1517.1 A dome light installation business owner or any person acting on the owner’s behalf shall not offer or give any gift, gratuity, or thing of value to any employee, representative, or member of the Commission, or any public servant.

1517.2 A dome light installation business owner or any person acting on the owner’s behalf or during the scope of his or her employment with said dome light installation business owner, shall immediately report to the Commission and the Inspector General any request or demand for a gift, gratuity, or thing of value by any employee, representative or member of the Commission, or any public servant.

1517.3 A dome light installation business owner or any person acting on the owner’s behalf shall not accept any gift, gratuity, or thing of value from an owner or driver of any vehicle licensed by the Commission, or any individual or any other person actually or purportedly acting on behalf of such owner or driver for the purpose of omitting an act required by these rules or committing any violation of these rules.

1517.4 A dome light installation business owner shall notify the Commission immediately and in writing within twenty-four (24) hours thereafter of any offer of a gift or gratuity prohibited by § 1517.1.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1518 DOME LIGHT INSTALLATION BUSINESS – THREATENING, HARASSING OR ABUSIVE CONDUCT PROHIBITED

1518.1 A dome light installation business owner, while performing his duties and responsibilities as a licensee, shall not:

(a) Threaten, harass, or abuse any governmental or Commission representative, public servant, or other person; or

(b) Use or attempt to use any physical force against a Commission representative, public servant, or any other person.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1519 DOME LIGHT INSTALLATION BUSINESS – COOPERATION WITH THE COMMISSION

1519.1 A dome light installation business owner shall, at all times, cooperate with all law enforcement officers and representatives of the Commission.

1519.2 A dome light installation business owner shall answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives.

1519.3 A licensee shall produce his or her Commission license or other documents whenever the Commission requires.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1520 DOME LIGHT INSTALLATION BUSINESS – LIABILITY FOR CONDUCT OF EMPLOYEES

1520.1 A dome light installation business owner shall supervise and be responsible for the conduct of all of its employees, contractors, or agents, for the activities including, but not limited to, the sale, installation, inspection and testing of dome lights.

1520.2 A dome light installation business owner shall ensure that all employees are fully familiar with the rules and regulations contained herein, as well as any other pertinent regulatory agency rules and regulations.

1520.3 A dome light installation business shall employ only such persons who have been certified as dome light installation technicians by a dome light installation manufacturer to perform any installation, testing, or repair of the dome light on which work is being performed:

Any work involving a dome light, including, but not limited to, installation, inspection, or repair shall be performed by a technician certified by the dome light installation manufacturer; and

The certified technician shall be responsible for maintaining all records required by the Commission and shall place that technician’s signature on all inspection, testing, repair, or other reports.

1520.4 A dome light installation business owner shall ensure that all employees perform their duties in compliance with all relevant federal and District laws, rules, and regulations.

1520.5 A dome light installation business shall furnish to the Commission, upon licensure or renewal, the names of all certified dome light installation technicians employed by it and shall notify the Commission in writing of any changes in the employment of certified dome light installation technicians.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1521 DOME LIGHT INSTALLATION BUSINESS – LIABILITY FOR TAMPERING OR ALTERATION

1521.1 By installing a dome light, the dome light installation business certifies that the dome light installation has been tested and operates in accordance with these rules.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1522 DOME LIGHT INSTALLATION BUSINESS – DUTY TO

NOTIFY THE COMMISSION

1522.1 A dome light installation business shall notify the Commission by telephone immediately, and in writing within twenty-four (24) hours, of any of the following occurrences:

(a) A dome light which the dome light installation business knows or has reason to know has been reported to the Commission as lost or stolen has been presented to the dome light installation business for installation, repair, or adjustment;

(b) A person whom the dome light installation business owner knows or should know to be a licensee of the Commission, or to be acting on behalf of a licensee, has requested that the dome light installation business engage in any activity prohibited by these rules; or

(c) A person whom the dome light installation business owner knows or should know to be a licensee of the Commission, or to be acting on behalf of a licensee, has attempted to repair or connect any unauthorized device to, any dome light, seal, cable connection or electrical wiring, which may have affected the operation of a dome light.

1522.2 Any notice required to be provided to the Commission hereunder shall contain, at a minimum, the following information:

(a) The taxicab name and number and vehicle tag number;

(b) The name(s) and license number(s), if any, of the driver(s) who presented the vehicle to the dome light installation business;

(d) A detailed description of the dome light as described in § 1522.1(a).

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1523 DOME LIGHT INSTALLATION BUSINESS – NUMBERING SYSTEM OBLIGATIONS

1523.1 By installing a dome light, the dome light installation business certifies that at the time of such installation and testing it has:

(a) Accepted and installed a dome light that meets the specifications of the commission found at § 605 of this title; and

(b) Properly installed the dome light with the taxi vehicle number assigned to the taxi by the Commission.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1524 DOME LIGHT INSTALLATION BUSINESS – REQUIRED INSPECTIONS

1524.1 A dome light shall be inspected by the dome light installation business whenever it is installed or repaired. Inspection shall include examination of the dome light installation and operation to verify compliance with:

(a) The dome light installation specifications, type approvals, tolerances, and all other requirements of the Commission;

(b) The standards set forth in the sections of the taxicab owners’ rules regarding dome lights; and

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1525 DOME LIGHT INSTALLATION BUSINESS – OTHER REPAIR LIMITATIONS

1525.1 A dome light installation business owner shall not perform any work on a dome light, including, but not limited to, inspection, testing, or repair, if:

(a) No valid vehicle license from the Commission is presented, unless the dome light is not for use in a taxicab licensed by the Commission;

(b) The dome light installation serial number is deleted, defaced, or otherwise altered;

(c) The vehicle is licensed by the Commission and the dome light make, model or serial number appears on the Commission vehicle license or rate card, and the Commission has not otherwise authorized the use of that dome light;

(d) The dome light installation business licensee knows or should know that the dome light presented for testing was reported lost or stolen to the Commission or any other law enforcement agency; or

(e) The dome light installation business licensee has not obtained from the owner or driver of the vehicle, or his agent, a written consent to perform any work on the dome light.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1526 DOME LIGHT INSTALLATION BUSINESS – RECORD OF DOME LIGHT INSTALLATION TESTS

1526.1 The dome light installation business owner shall record the results of any inspections or tests, and the dome light make, model, and serial number on a form prescribed by the Office of Taxicabs, which the dome light installation business licensee shall submit to the Commission within seven (7) days of such inspection.

1526.2 Upon a determination that a dome light installation has passed an inspection, the dome light installation business owner, in addition to complying with § 1526.1, shall affix a certification sticker, prescribed and approved by the Office of Taxicabs, to the dome light. Any certification sticker shall not be re-affixed to the dome light installation if removed.

1526.3 A dome light installation business owner shall provide for the safekeeping of certification stickers, shall control their sequence of issuance, and shall ensure that such stickers are placed only on dome lights in accordance with these regulations.

1526.4 When a dome light is installed in preparation for “hack-up,” the dome light installation business owner, in addition to complying with §§ 1526.1 and 1526.2, shall:

(a) Prepare a vehicle “hack-up” certification form approved by the Office of Taxicabs at the completion of the preparatory work for vehicle “hack-up”;

(b) Submit to the Commission, within twenty-four (24) hours, all documents relating to the installation and inspection of such dome light; and

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1527 DOME LIGHT INSTALLATION BUSINESS – REPAIR WORK AFTER TEST FAILURE PROHIBITED

1527.1 No dome light installation business owner shall, as a condition of performing any test or other work, require a vehicle driver or owner to undertake any repair work at the dome light installation business owner’s business. The business owner shall inform the vehicle driver or owner that he or she may select another licensed dome light installation business to perform a repair.

1527.2 No dome light installation business owner shall direct a vehicle owner to utilize any other dome light installation business to perform said repair work.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1528 DOME LIGHT INSTALLATION BUSINESS –OVERCHARGES PROHIBITED

1528.1 A licensed dome light installation business shall not charge fees for any work involving dome lights in excess of the fees set by its fee schedule, which shall be filed with the Commission and shall be publicly displayed pursuant to § 1509 of these rules.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1529 DOME LIGHT INSTALLATION BUSINESS – SALE OF DOME LIGHTS

1529.1 A dome light installation business owner shall only sell and install dome lights that have been approved by the Commission for use in a District of Columbia licensed taxicab.

1529.2 A dome light installation business owner shall not sell a dome light for use in a taxicab licensed by the Commission unless a valid vehicle license from the Commission is presented.

1529.3 A dome light installation business owner shall not sell a dome light for use in a Commission licensed vehicle unless the installation, testing and certification of the dome light/vehicle assembly is performed by the dome light installation business licensee or an employee thereof.

1529.4 A dome light installation business owner shall report to the Commission, within seven (7) days, all sales, trades or exchanges of dome lights by the licensed dome light installation business on a form prescribed by the Commission.

1529.5 A dome light installation business owner shall inform all purchasers in writing, before the sale takes place, of any and all restrictions imposed by the dome light manufacturer or dome light installation business licensee regarding the testing, repairs, and installation of the dome light.

1529.6 A dome light installation business owner shall remove, deface, or otherwise void the validity of the certification sticker upon receipt of a dome light purchased, exchanged, or accepted in trade by the dome light installation business licensee, and shall report such decertification to the Commission.

1529.7 The certification sticker must conform to all specifications established by the Commission and bear the name of the Chairperson of the Commission.

1529.8 All installations of dome lights in taxicabs licensed to operate in the District of Columbia must be in accordance with specifications which have been filed with and approved by the Commission.

1529.9 No change in the method of installation shall be made unless the installation method has been filed with and approved by the Commission.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1530 DOME LIGHT INSTALLATION BUSINESS – RECORD KEEPING AND REPORTING

1530.1 A dome light installation business owner shall comply with all record-keeping procedures established by the Office of Taxicabs. All records required to be kept by the Commission shall be in the form and manner prescribed by the Commission and must be maintained for a period of five (5) years.

1530.2 All record-keeping entries must be made by a technician certified in accordance with § 1520.3 of these rules.

1530.3 A dome light installation business owner shall account for all certification stickers procured and issued by the dome light installation business licensee.

1530.4 A dome light installation business owner shall account for all new or used dome lights that the dome light installation business licensee buys, loans, rents, exchanges, or accepts in trade.

1530.5 A dome light installation business owner shall keep records of all sales, installations, inspections, re-inspections, calibrations, and repairs and the results thereof.

1530.6 At any and all times, a dome light installation business owner shall make available for examination, to any agent of the Commission or any other properly authorized law enforcement officer, all the records the official dome light installation business is required to keep.

1530.7 A dome light installation business owner shall permit any agent of the Commission or any law enforcement official to inspect any portion of its business premises at any time.

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012).

31 DCMR § 1531 [RESERVED]

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012); as amended by Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1531

31 DCMR § 1532 ENFORCEMENT OF THIS CHAPTER

1532.1 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1532

31 DCMR § 1599 [REPEALED]

History

SOURCE: Final Rulemaking published at 59 DCR 14019 (December 7, 2012); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1599

31-16 DISPATCH SERVICES AND DISTRICT OF COLUMBIA TAXICAB INDUSTRY CO-OP

31 DCMR § 1600 APPLICATION AND SCOPE

1600.1 This chapter establishes regulations for the businesses, operators, and vehicles which participate in providing dispatch services, and establishes the District of Columbia Taxicab Industry Co-op.

1600.2 Additional provisions applicable to the businesses, owners, operators, and vehicles which participate in providing taxicab service appear in Chapters 4-11.

1600.3 Additional provisions applicable to the businesses, owners, operators, and vehicles which participate in providing black car service appear in Chapters 12 and 14.

1600.4 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act, as amended by Vehicle-for-Hire Act, and by the Impoundment Act.

1600.5 The definitions in Chapter 99 shall apply to all terms used in this chapter.

1600.6 The phrase “company that uses digital dispatch for public vehicle-for-hire service”, as used in the Establishment Act, as amended by the Vehicle-for-Hire Act, shall include only a digital dispatch service, as defined in Chapter 99, and shall not include any other person regulated by this title in connection with the provision of a public vehicle-for-hire service, such as a taxicab company.

1600.7 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1600

31 DCMR § 1601 GENERAL REQUIREMENTS

1601.1 No person shall provide telephone or digital dispatch, or digital payment, for public vehicles-for-hire in the District, except in compliance with this chapter, all applicable provisions of this title then in effect, and other applicable laws.

1601.2 Nothing in this chapter shall be construed as:

(a) Soliciting or creating a contractual relationship, agency relationship, or employer-employee relationship between the District of Columbia and any other person; or

(b) Delegating to any person a non-delegable legal duty of the Commission of the Office. A rule or standard of the Co-op shall not be construed as a rule or regulation of the Commission.

1601.3 No person regulated by this title shall be associated with, integrate with, or conduct a transaction in cooperation with, a dispatch service that is not in compliance with this chapter.

1601.4 No telephone dispatch service shall participate in providing a vehicle for hire service in the District unless it is operated by a taxicab company with current operating authority under Chapter 5.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1601

31 DCMR § 1602 RELATED SERVICES

1602.1 A person may operate a dispatch service and one or more affiliated businesses, provided each affiliated business is operated in compliance with all applicable provisions of this title and other applicable laws.

1602.2 [REPEALED].

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1602

31 DCMR § 1603 TELEPHONE DISPATCH SERVICES – OPERATING REQUIREMENTS

1603.1 Each telephone dispatch service shall operate in compliance with this title and other applicable laws.

1603.2 Each telephone dispatch service shall be licensed to do business in the District of Columbia.

1603.3 Each gratuity charged by a telephone dispatch service shall comply with the definition of “gratuity”.

1603.4 Each telephone dispatch service shall comply with the requirements for passenger rates and charges set forth in § 801.

1603.5 Each telephone dispatch service shall provide a passenger seeking wheelchair service with such service, when available, and if not available through the telephone dispatch service, shall make reasonable efforts to assist the passenger in locating available wheelchair service through another source within the District.

1603.6 Where a telephone dispatch service shares a request for wheelchair service with another person, the passenger’s destination shall not be provided.

1603.7 Each telephone dispatch service shall maintain a customer service telephone number for passengers with a “202” prefix or a toll-free area code, posted on its website, which is answered or replied to promptly during normal business hours.

1603.8 Each telephone dispatch service shall maintain a website with current information that includes:

(a) The name of the telephone dispatch service;

(b) Contact information for its bona fide administrative office or registered agent authorized to accept service of process;

(d) The following statement prominently displayed:

and

(e) A link to § 801 allowing passengers to view applicable rates and charges.

1603.9 Each telephone dispatch service shall comply with §§ 508 through 513.

1603.10 Each telephone dispatch service shall provide its service throughout the District.

1603.11 Each telephone dispatch service shall perform the service agreed to with a passenger in a dispatch, including picking up the passenger at the agreed-upon time and location, except for a bona fide reason specified by § 819.5 or other applicable provision of this title.

1603.12 Protection of certain information relating to passenger privacy and safety.

(a) A telephone dispatch service shall not:

(1) Release information to any person that would result in a violation of the personal privacy of a passenger or that would threaten the safety of a passenger or an operator; or

(2) Permit access to real-time information about the location, apparent gender, or number of passengers awaiting pick up by a person not authorized by the telephone dispatch service to receive such information. Where a telephone dispatch service shares a request for wheelchair service with another person pursuant to § 1603.5, the passenger’s destination shall not be provided.

(b) This subsection shall not limit access to information by the Office or a District enforcement official.

1603.13 A telephone dispatch service shall not transmit to the operator any information about the destination of a trip, except for the jurisdiction of the destination, until the trip has been booked. Where a telephone dispatch service shares a request for wheelchair service with another person pursuant to § 1603.5, the passenger’s destination shall not be provided.

1603.14 Each telephone dispatch service shall store its business records in compliance with industry best practices and all applicable laws, make its business records related to compliance with its legal obligations under this title available for inspection and copying as directed by the Office, and retain its business records for five (5) years.

1603.15 Each telephone dispatch service shall comply with all applicable provisions of this title and other laws regulating origins and destinations of trips, including all reciprocal agreements between governmental bodies in the Washington Metropolitan Area governing public vehicle-for-hire service such as those in § 828.

1603.16 A telephone dispatch service shall not transmit to the operator any information about the destination of a trip, except for the jurisdiction of the destination, until the trip has been booked.

1603.17 Each telephone dispatch service shall store its business records in compliance with industry best practices and all applicable laws, make its business records related to compliance with its legal obligations under this title available for inspection and copying as directed by the Office, and retain its business records for five (5) years.

1603.18 Each telephone dispatch service shall comply with all applicable provisions of this title and other laws regulating origins and destinations of trips, including all reciprocal agreements between governmental bodies in the Washington Metropolitan Area governing public vehicle-for-hire service such as those in § 828.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015).; as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1603 Vehicle-for-hire services in Washington, DC are regulated by the DC Taxicab Commission 2235 Shannon Place, S.E., Suite 3001 Washington, D.C. 20020-7024 www.dctaxi.dc.gov dctc3@dc.gov 1-855-484-4966 TTY: 711

31 DCMR § 1604 DIGITAL DISPATCH SERVICES – OPERATING REQUIREMENTS

1604.1 Each digital dispatch service shall operate in compliance with this title and other applicable laws.

1604.2 Each digital dispatch service shall calculate fares and, where applicable, provide receipts to passengers, as provided in: Chapter 8 for taxicabs, Chapter 14 for black cars, and Chapter 19 for private sedans.

1604.3 Each digital dispatch service shall submit proof that the company maintains a website containing information on its:

(a) Method of fare calculation

(b) Rates and fees charged, and

1604.4 If a digital dispatch service charges a fare other than a metered taxicab rate, the company shall, prior to booking, disclose to the passenger:

(a) The fare calculation method;

(b) The applicable rates being charged; and

1604.5 Each digital dispatch service shall review any complaint involving a fare that exceeds the estimated fare by twenty (20) percent or twenty-five (25) dollars, whichever is less.

1604.6 Each digital dispatch service shall provide its service throughout the District.

1604.7 Every three (3) months, based on the District’s fiscal year calendar, each digital dispatch service shall separately transmit to the Office of the Chief Financial Officer (OCFO), for deposit into the Consumer Service Fund in accordance with Chapter 11 of the Title, each of the following amounts, reflecting business activity from (1) October through December; (2) January through March; (3) April through June; and (4) July through September:

(a) For trips by taxicab: the per trip taxicab passenger surcharge; and

(b) For trips by black cars and private sedans: six percent (6%) of all gross receipts.

1604.8 An authorized representative of each digital dispatch service shall certify in writing under oath, using a form provided by the Office, that each amount transmitted to OCFO pursuant to § 1604.7 meets the requirements of § 1604.7, accompanied by documentation of the digital dispatch service’s choosing which reasonably supports the amount of the deposit. Each certification and supporting documentation shall be provided to OCFO.

1604.9 Not later than January 1, 2016, each digital dispatch service shall ensure that its website and mobile applications are accessible to the blind and visually impaired, and the deaf and hard of hearing.

1604.10 Each digital dispatch service shall train its associated operators in the proper and safe handling of mobility devices and equipment, and how to treat individuals with disabilities in a respectful and courteous manner. Completion of training acceptable to qualify an individual for an AVID operator’s license issued by the Office shall satisfy this training requirement.

1604.11 Each digital dispatch service shall:

(a) Use technology that meets or exceeds current industry standards for the security and privacy of all payment and other information provided by a passenger, or made available to the digital dispatch service as a result of the passenger’s use of the digital dispatch service;

(b) Promptly inform the Office of a security breach requiring a report under the Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237, D.C. Official Code §§ 28-3851 et seq.), or other applicable law;

(c) Not release information to any person that would result in a violation of the personal privacy of a passenger or that would threaten the safety of a passenger or an operator; and

(d) Not permit access to real-time information about the location, apparent gender, or number of passengers awaiting pick up by a person not authorized to receive such information. Where a digital dispatch service shares a request for service with another person for the purpose of providing wheelchair service to a passenger, the passenger’s destination shall not be provided.

1604.12 Subsection 1604.11 shall not limit access to information by the Office.

1604.13 During a state of emergency declared by the Mayor, a digital dispatch service which engages in surge pricing shall limit the multiplier by which its base fare is multiplied to the next highest multiple below the three highest multiples set on different days in the sixty (60) days preceding the declaration of a state of emergency for the same type of service in the Washington Metropolitan Area.

1604.14 Each digital dispatch service shall comply with § 828.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 73 DCR 008243 (June 5, 2026). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1604

31 DCMR § 1605 DIGITAL DISPATCH SERVICES - REGISTRATION

1605.1 No digital dispatch service shall operate in the District unless it is registered with the Office as provided in this section.

1605.2 Each digital dispatch service operating in the District on the effective date of the Vehicle-for-Hire Act shall register with the Office within five (5) business days of the effective date of this chapter, and all other digital dispatch services shall register with the Office prior to commencing operations in the District.

1605.3 Where a digital dispatch service provides digital dispatch for an associated or affiliated private sedan business, the digital dispatch service and its associated or affiliated private sedan business shall contemporaneously apply for registration under this chapter and Chapter 19, respectively.

1605.4 Each digital dispatch service shall register by completing an application form made available by the Office, which shall include information and documentation:

(a) Demonstrating that the digital dispatch service is licensed to do business in the District;

(b) Demonstrating that the digital dispatch service maintains a registered agent in the District;

(d) Describing in writing the digital dispatch service’s app, with accompanying screenshots, to allow District enforcement officers to understand the functionality of the app, and to verify during a traffic stop:

(1) If the vehicle is a public vehicle-for-hire: that the operator and the vehicle are associated with the digital dispatch service;

(2) If the vehicle is a private sedan: that the operator and the vehicle are registered with the digital dispatch service’s associated or affiliated private sedan business and not under suspension; and

(3) The time and location of the most recent request for service.

(e) A certification that the digital dispatch service is in compliance with the operating requirements of § 1604.

1605.5 Each registration application form filed under § 1605.3 shall be:

(a) Executed under oath by an individual with authority to complete the filing;

(b) Accompanied by a filing fee of five hundred dollars ($500) regardless of the number of vehicle-for-hire services dispatched by the digital dispatch service; and

(c) Accompanied by one (1) or more bond(s) naming the District of Columbia as obligee for the purpose of securing the amount(s) owed to the District pursuant to § 1604.7. Such bond(s) shall:

(1) Be in effect throughout the digital dispatch service’s registration period and for one (1) year thereafter; and

(2) Be in the amount of:

(A) For taxicabs: one hundred thousand dollars ($100,000); and

(B) For each public or private vehicle-for-hire service other than taxicabs:

(i) Two hundred fifty thousand dollars ($250,000); or

(ii) Pursuant to an administrative issuance, one hundred thousand dollars ($100,000) to two hundred fifty thousand dollars ($250,000), inclusive, if the digital dispatch service voluntarily maintains with the Department current information relevant to establishing a risk profile for the non-payment of amount(s) owed to the District pursuant to the § 1604.7, such as the number of the digital dispatch service’s associated vehicles.

(d) Notwithstanding the requirements of paragraph (c) of this subsection, a bond shall not be required during the first six (6) months that any business digitally dispatches rides pursuant to a donation agreement with the Department or a live field testing program approved by the Department pursuant to §§ 1612.6 et seq.

1605.6 Not later than thirty (30) days after the effective date of these regulations, each digital dispatch service registered with the Department shall provide such bond(s) to the Department as are required by § 1605.5.

1605.7 The Office shall complete its review of a registration application form within fifteen (15) business days of filing. Each applicant shall cooperate with the Office to supplement or correct any information needed to complete the review. The Office may deny registration where it appears the private sedan business will not be operating in compliance with this title and other applicable laws.

1605.8 Each registration under this section shall be effective for twenty four (24) months.

1605.9 Each registered digital dispatch service shall renew its registration at least fourteen (14) days prior to its expiration as provided in § 1605.6.

1605.10 Each registered digital dispatch service shall promptly inform the Office of any of the following occurrences in connection with its most recent registration:

(a) A change in the operation of its app which affects how a District enforcement official uses the app during a traffic stop to determine that the operator and vehicle are in compliance with this title and other applicable laws;

(b) A change in contact information; and

1605.11 A claim may be made by the Department against any bond provided by a digital dispatch service pursuant to § 1605.5 for any amount owed to the District of Columbia by the digital dispatch service under § 1604.7 which remains unpaid for more than thirty (30) days. The Department shall give written notice to the digital dispatch service of its intent to make a claim against a bond not less than ten (10) days prior to taking the action.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1605

31 DCMR § 1606 PROHIBITIONS

1606.1 No person shall violate an applicable provision of this chapter.

1606.2 No dispatch service shall provide dispatch for a person subject to regulation under this title which the dispatch service knows or has been informed by the Office is not in compliance with this title and other applicable laws.

1606.3 No dispatch service shall attempt through any means to contradict or evade the requirements of this title or other applicable laws.

1606.4 No dispatch service shall impose additional or special charges for an individual with a disability for providing services to accommodate the individual or require the individual to be accompanied by an attendant.

1606.5 No fee charged by a dispatch service in addition to a taximeter fare shall be processed by a payment service provider (PSP), or displayed on or paid using any component of an MTS unit, except for a telephone dispatch fee under § 801, or where a digital dispatch service and the PSP have integrated pursuant to Chapter 4.

1606.6 Each digital dispatch service shall ensure that a private sedan operator cannot log in to the digital dispatch service’s app while the operator is suspended or after the operator has been terminated by the private sedan business.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1606

31 DCMR § 1607 ENFORCEMENT

1607.1 The provisions of this chapter shall be enforced pursuant to Chapter 7.

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1607

31 DCMR § 1608 PENALTIES

1608.1 A dispatch service that violates this chapter shall be subject to:

(a) Civil fines as provided by Chapter 20 of this title;

(d) A combination of the sanctions enumerated in parts (a) and (b).

1608.2 [RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1608

31 DCMR § 1612 DISTRICT OF COLUMBIA UNIVERSAL TAXICAB APP

1612.1 Not later than one hundred eighty (180) days after the effective date of this section (“implementation date”), each DFHV taxicab operator shall at all times throughout each tour of duty:

(a) Be logged into the District of Columbia Universal Taxicab App (“DC TaxiApp”); and

(b) Be able to timely receive and accept all requests for service.

1612.2 Each taxicab owner shall ensure that all of its vehicles are equipped, if necessary, to allow its associated taxicab operators to comply with the provisions of § 1612.1. A violation of this subsection shall subject the owner to a civil fine of fifty dollars ($50) per vehicle.

1612.3 For purposes of this section and § 1613, the term “app” and “application” shall mean a piece of software designed to fulfill a particular purpose, which is downloadable by a user to a mobile device, such as a tablet or smartphone. Unless otherwise stated, an app’s purpose is the digital dispatch, or the digital dispatch and digital payment, of trips by vehicles-for-hire.

1612.4 Nothing in this title shall be construed to prevent any person from using an app provided by a registered digital dispatch service other than the Co-op.

1612.5 The Commission shall enact no rule or regulation setting the rates and charges, if any, for trips booked through the DC TaxiApp. Such rates and charges shall be determined by the Co-op, as provided in § 1613.

1612.6 Any person developing an app (“app developer”) for taxicab service may engage in live field testing in the District provided the app developer meets the following requirements.

(a) Prior to commencing live field testing in the District:

(1) The app developer shall submit an application using a form made available by the Office, executed under oath, consisting of the following information and documentation:

(A) The app developer is licensed to do business in the District;

(B) The app developer maintains a registered agent in the District;

(D) The app developer is, or prior to commencing testing will be, in compliance with the provisions of paragraph (b) of this subsection;

(E) An initial inventory of all owners, operators, and vehicles that would participate in the testing;

(F) Such other information and documentation which the Office determines to be necessary and appropriate;

(G) A bond of fifty thousand dollars ($50,000) effective during the period of testing and twelve (12) months thereafter, to cover claims by the Office for documented violations of this section; and

(H) Be accompanied by an application fee of two thousand five hundred dollars ($2,500).

(2) The Office shall review the application within ten (10) days, and issue a decision in writing. If the decision grants the application, it may include terms and conditions for the live field testing relating to safety, consumer protection, the passenger surcharge, or any other provision of this title or other applicable law. The testing period shall not exceed one hundred twenty (120) days but may be extended by the Office pursuant to the same requirements for a new application under this subsection. The app developer shall not conduct live field testing if the Office does not grant the application.

(b) Following the Office’s approval, the app developer shall:

(1) Use only:

(A) The DCTC-licensed vehicles listed on the inventory required by § 1612.6(b)(7);

(B) The DCTC-licensed taxicab owners and operators listed on the inventory required by § 1612.6(b)(7), who volunteer to participate; and

(C) Passengers who volunteer to participate in the testing, who are informed of the rates and charges used by the app, and are provided with an estimated fare;

(2) Not interfere with the collection or payment to the District of the passenger surcharge;

(3) Comply with §§ 1604.3, 1604.5, 1604.6, 1604.8, 1604.11, 1604.12, 1604.14, and 1605.9 (as promulgated on an emergency basis in the Notice of Emergency and Proposed Rulemaking approved on March 11, 2015, or in the corresponding provisions of any final rulemaking), to the same extent as if the app developer were a digital dispatch service;

(4) Provide passengers with contact information for the Office and for the app developer;

(5) Promptly inform the Office of a security breach requiring a report under the Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237, D.C. Official Code §§ 28-3851, et seq.), or other applicable law;

(6) Be subject to the provisions of Chapter 7, and shall cooperate with the Office to promptly resolve an issue relating to the testing, such as interference with a person’s ability to comply with a provision of this title or other applicable law, or a passenger’s complaint about the app;

(7) Maintain with the Office a current and accurate inventory of all owners, operators, and vehicles participating in the testing;

(8) Maintain its business records for two (2) years following the conclusion of the testing, which shall be subject to inspection by the Office;

(9) Comply with all applicable provisions of this title for enforcement and compliance to the same extent as if the app developer were a taxicab company or association;

(10) File a public complaint with the Office against any person who engages in conduct which constitutes a clear threat to public safety or consumer protection, or which constitutes grounds for immediate suspension of a vehicle operator’s license under § 706; and

(11) Promptly reimburse any participant in the testing for a documented loss resulting from the testing, such as a miscalculation of a fare.

1612.7 The Office, by written notice upon the app developer, may suspend or revoke its approval for live field testing where the testing:

(a) Is conducted in violation of § 1612.6 (including violation of any terms or conditions stated in the Office’s approval under § 1612.6(a)(2));

(b) Threatens safety, consumer protection, or the payment to the District of the passenger surcharge; or

1612.8 An app which is the subject of approved live field testing shall not be launched in the District unless and until it is provided by a digital dispatch service registered as required by this chapter and other applicable law.

1612.9 No person shall conduct or participate in live field testing of an app for the dispatch of taxicabs in the District except as provided in this section. An entity which conducts or participates in live field testing in violation of this section shall be subject to a civil fine not to exceed one thousand dollars ($1,000) per day based on the circumstances. An operator who knowingly participates in live field testing that violates this section shall be subject to a civil fine of twenty five dollars ($25) for each trip booked through the app.

1612.10 Each taxicab company required by D.C. Official Code § 50-329.02 to provide dispatch services shall participate in live field testing of the DC TaxiApp as directed by the Office.

History

SOURCE: Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 3752 (March 11, 2016); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1612

31 DCMR § 1613 District of Columbia Taxicab APP LICENSEE

1613.1 There shall be a licensee of the DC TaxiApp which shall be a cooperative association or other business entity (“Co-op”) authorized by the Business Corporation Act of 2011, D.C. Official Code §§ 29-301.01, et seq., which allows the Co-op and all of its members to meet all the requirements of this section, § 1612, and other applicable laws, provided however, that if the Co-op is not a cooperative association, it shall be organized to comply with all applicable provisions of this section, to the maximum extent feasible, as determined by the Office in connection with its review of the draft bylaws pursuant to § 1613.12.

1613.2 The Co-op shall be owned and operated for the mutual benefit of all of its members, for the purpose of promoting the use of available DCTC-licensed taxicabs, including wheelchair accessible vehicles, by the residents of and visitors to the District, and such other purposes as stated in this section and § 1612. Consistent with the foregoing, no category of persons identified in § 1613.8(j) shall be excluded from meaningful opportunities to participate in the management of the Co-op through a representative on the board of directors or other common means, and no person shall be excluded from meaningful opportunities to participate in the ownership of the Co-op through stock ownership or other common means, provided however, that a member may be excluded for a bona fide business purpose such as the lack of a capital contribution or material non-compliance with applicable provisions of this title or other applicable law.

1613.3 Unless otherwise provided in a license agreement with the Office, the Co-op shall provide all necessary management, service, and support for the DC TaxiApp in the manner prescribed by this section and § 1612, and by the license agreement.

1613.4 Any two or more persons who are permitted or required by § 1613.8(j) to be members of the Co-op shall incorporate the Co-op.

1613.5 Following incorporation of the Co-op, the incorporators shall:

(a) Promptly obtain a physical place of business for the Co-op within the District;

(b) Cooperate with the Office to conduct any necessary testing of the DC TaxiApp;

(c) Take or facilitate all actions required by this chapter and other applicable law to ensure that the Co-op is ready and able to begin full operations not later than the implementation date; and

(d) Schedule a meeting to be held within thirty (30) to sixty (60) days after the issuance of public notice to all prospective members of the Co-op, to:

(1) Elect a board of directors,

(2) Adopt the Co-op’s bylaws following their approval by the Office; and

(3) Engage in such other business as necessary to begin full operation of the Co-op and to enable the use of the DC TaxiApp by all taxicab operators not later than the implementation date.

1613.6 The Co-op shall be governed by its bylaws, as approved by the Office pursuant to § 1613.12.

1613.7 Draft bylaws shall be prepared by a bylaw drafting advisory group whose members shall be:

(a) Representatives of each taxicab company with current operating authority required by D.C. Official Code § 50-329.02 to provide dispatch services as of May 29, 2015; and

(b) An equal number of individuals selected at random by the Office from among those who volunteer to participate, each of whom shall either:

(1) Be permitted but not required to be members of the Co-op pursuant to § 1613.8(j)(2); or

(2) Represent a group of individuals each of whom is permitted but not required to be members of the Co-op pursuant to § 1613.8(j)(2).

1613.8 The draft bylaws filed with the Office pursuant to § 1613.6 shall include terms and conditions providing that:

(a) The Co-op shall not give preferential treatment to any person or group of persons in the taxicab industry through its operations, through the marketing, availability, or functionality of the DC TaxiApp, through the rates and charges which the Co-op sets for trips booked through the DC TaxiApp, or through the revenue generated by the DC TaxiApp.

(b) The Co-op shall establish and maintain a digital dispatch service, registered and operated in compliance with this chapter, which at all times, maintains integration between the DC TaxiApp and each PSP in a manner consistent with § 408.16, to ensure that:

(1) Each passenger who books a ride through the DC TaxiApp may choose to make either an in-vehicle payment (cash or payment card) or a digital payment;

(2) The passenger surcharge is collected from the passenger and paid to the District for each trip; and

(3) The PSP is able to comply with all obligations under Chapters 4 and 6.

(c) The provisions of § 1613.8(b) shall not apply if the DC TaxiApp does not provide the functionality needed for integration;

(d) The Co-op shall establish competitive, market-based rates and charges for trips booked through the DC TaxiApp;

(e) The Co-op shall execute any necessary license agreement with the District for the use of the DC TaxiApp, shall comply with all terms and conditions thereof, and shall not use, acquire, license, test, market, develop, or otherwise be associated with any other app without the written approval of the Office;

(f) The Co-op shall develop, distribute, and require the acceptance of terms of service for the use of the DC TaxiApp by taxicab operators and passengers;

(g) The Co-op shall ensure that operators receive the revenue they generate through the use of the DC TaxiApp within twenty four (24) hours or one (1) business day;

(h) The Co-op shall promote the availability of wheelchair accessible taxicab service, and may use incentives to owners and operators to support such availability;

(i) The Co-op shall carry such commercial insurance as necessary in connection with the use of the DC TaxiApp;

(j) The Co-op’s membership shall be limited to:

(1) Persons required to be members: each taxicab company with current operating authority that is required by D.C. Official Code § 50-329.02 to provide dispatch services and who pays the required capital contribution; and

(2) Persons allowed but not required to be members:

(A) Each individual who holds a current DCTC taxicab operator’s license (Face card);

(B) Each individual who holds a current DCTC taxicab vehicle license other than a DCTC transferable taxicab vehicle license;

(C) Each taxicab company with current operating authority, other than a taxicab company required to be a member under § 1613.8(j)(1); and

(D) Each taxicab association with current operating authority;

(k) Each Co-op member shall make a capital contribution as determined by the board of directors, which shall be consistent with the provisions of this section and other applicable laws;

(l) Notwithstanding any other provision of this section, the Co-op may allow a fair return to members who choose to make additional capital contributions to fund the establishment and/or operations of the Co-op, and to investors;

(m) The Co-op shall maintain a fair, reasonable, and non-discriminatory system which allows the passenger to rate the operator based on the quality of service received;

(n) The Co-op shall establish standards for its operations, including standards for the safe and prompt provision of service through the DC TaxiApp;

(o) The Co-op may suspend an operator from using the DC TaxiApp for not more than two (2) hours total during any seven (7) calendar day period based on material violations of the standards established by the Co-op, provided the Co-op promptly notifies the operator of the basis of the suspension and allows the operator to respond in writing;

(p) The Co-op may suspend an operator from using the DC TaxiApp for more two (2) hours total during any seven (7) calendar day period based on violations of the standards established by the Co-op, provided the Co-op maintains a system of discipline which gives operators the following minimum procedural protections:

(1) Written notice of a suspension accompanied by relevant documentation, which shall be provided in advance of the suspension except in the event of a clear threat to safety or consumer protection;

(2) Representation by an attorney or other individual, at the operator’s expense;

(3) An opportunity to respond to the notice;

(4) One (1) level of review of the Co-op’s decision;

(5) No suspension shall exceed thirty (30) calendar days; and

(6) An operator’s suspension shall not be considered for purposes of determining the appropriate length of a subsequent suspension more than three (3) years thereafter.

(q) The Co-op may file a public complaint with the Office against any person in connection with a violation of this section or § 1612. The Co-op shall file a public complaint with the Office against any person who engages in conduct which constitutes a clear threat to public safety or consumer protection, or which constitutes grounds for immediate suspension of a vehicle operator’s license under § 706;

(r) Each member of the board of directors shall possess the qualifications required for an industry member of the Commission under D.C. Official Code § 50-305;

(s) The Co-op shall annually publish a report which containing:

(1) A summary of the Co-op’s major activities for the prior twelve (12) months;

(2) The names of the Co-op’s members and their taxicab company or taxicab association affiliations, if any;

(3) The names of the Co-op’s principal officers and members of the board of directors;

(4) The name and address of each entity in which the Co-op has a legal or equitable interest, or with which it conducts a business activity in a partnership or joint venture;

(5) The name and address of each entity with which the Co-op transacts business in excess of ten thousand dollars ($10,000) per calendar year; and

(6) Such other information as the Co-op deems appropriate;

(t) No person or associated group of persons shall:

(1) Control more than forty percent (40%) of the membership of the board of directors;

(2) Hold legal or equitable title to more than forty percent (40%) of the par value of the Co-op’s total debt obligations, if any; or

(3) Hold legal or equitable title to more than forty percent (40%) of the par value of any single class of the Co-op’s stock, if any, or the par value of all combined classes of the Co-op’s stock, if any;

(u) Each of the following individuals (“filers”) shall be required to file a confidential disclosure statement with the Co-op annually, and at the time of the filer’s association with the Co-op or at the time of the filer’s association with an entity in which the Co-op has a legal or equitable interest:

(1) Each member of the board of directors and each principal officer of the Co-op;

(2) Each member of the board of directors and each principal officer of an entity in which the Co-op has a substantial legal or equitable interest; and

(3) Each person with which the Co-op transacts or proposes to transact business in excess of twenty five thousand dollars ($25,000) in any calendar year;

(v) Each form which the Co-op intends to be use as a confidential disclosure statement form shall be reviewed by the Office prior to its use. The form shall be substantially similar in substance to the confidential disclosure statement required by the D.C. Board of Ethics and Government Accountability for employees, excluding matters not relevant to the Co-op. The form shall require the filer to disclose under oath each the following matters, and to provide a written explanation and documentation where necessary, as the Co-op deems appropriate:

(1) The filer, and the filer’s spouse, domestic partner, and dependent children, have filed and paid all income and property taxes owed to the Federal government and each jurisdiction where the filer is required to pay such taxes;

(2) The filer, and the filer’s spouse, domestic partner, and dependent children, have not received anything of value, such as a credit, offset, gift, favor, service, loan, gratuity, discount, meals, hospitality, contribution, employment, or a promise of the receipt of anything of value in the future, exceeding a total of one hundred dollars ($100) from all sources, based on any understanding that the filer’s official actions or judgment or vote while associated with the Co-op would be influenced;

(3) The filer, and the filer’s spouse or domestic partner, have not been arrested for, charged with, or convicted of any of the following criminal offenses: bribery, tax evasion, insurance fraud, a violation of or a predicate offense under a Racketeer Influenced and Corrupt Organizations Act (Federal or state), any criminal offense which involves dishonesty or violence, or any criminal offense punishable by incarceration of one (1) year or more or a fine of ten thousand dollar ($10,000) or more;

(4) The filer, and the filer’s spouse or domestic partner, have not been sued for, had a judgment entered against him or her for, entered into a settlement admitting liability for, or paid a civil fine for any of the following civil violations and causes of action: tax evasion, insurance fraud, a violation of or a predicate offense under a Racketeer Influenced and Corrupt Organizations Act (Federal or state), any civil violation or cause of action which involves dishonesty or violence, or any civil violation which is punishable by a civil fine payable to a government agency of ten thousand dollars ($10,000) or more;

(5) The filer, the filer’s spouse or domestic partner, and dependent children, and the persons with whom the filer has a legal relationship such employment, independent contractor, and partnership, are not involved in a scheme or conspiracy to violate the Co-op’s bylaws, or to violate any Federal, District or state law concerning or related to the Co-op or its activities, any entity in which the Co-op has a legal or equitable interest, or any member of the Co-op’s board of directors or its principal officers; and

(6) The filer, or the filer’s spouse or domestic partner, has not had a business or professional license suspended or revoked by a government agency.

(w) Matters subject to disclosure under §§ 1613.8(v)(1)-(6), whether or not disclosed in a confidential disclosure statement, shall be treated as the Co-op deems appropriate, provided however that no individual shall serve as a member of the board of directors or a principal officer of the Co-op, own shares of the Co-op’s stock, own debt issued by the Co-op, if any, or directly or indirectly control any interest in the Co-op other than as a member pursuant to § 1613.8(j) if:

(1) The individual willfully provides false, misleading, or materially incomplete information in a confidential disclosure statement or to the Office, or in connection with a civil or criminal investigation concerning or related to the Co-op or its activities by any government agency;

(2) The individual, the individual’s spouse or domestic partner, or the individual’s children, have received items of value exceeding a total of one hundred dollars ($100) from all sources as enumerated in § 1613.8(v)(2);

(3) The individual, or the individual’s spouse or domestic partner, has been convicted of a crime enumerated in § 1613.8(v)(3);

(4) The individual, or the individual’s spouse or domestic partner, has had a judgment entered against him or her for, has entered into a settlement admitting liability for, or has paid a civil fine for a civil violation or cause of action enumerated in § 1613.8(v)(4);

(5) The individual, the individual’s spouse or domestic partner, the filer’s dependent children, or a person with whom the filer has a legal relationship, are involved in a scheme or conspiracy as enumerated in § 1613.8(v)(5); or

(6) The individual, or the individual’s spouse or domestic partner, has had a business or professional license suspended or revoked by a government agency within the prior five (5) years.

(x) The Co-op shall not associate with, transact business with, or form a legal or equitable relationship with:

(1) An individual who is restricted by § 1613.8(w); or

(2) An entity, where an individual who is restricted by § 1613.8(w) serves as an owner, manager, partner, member of the board of directors, principal officer, stockholder, or lender.

(y) The Co-op shall maintain its business records for five (5) years, provided however that each executed confidential disclosure statement shall be maintained throughout its filer’s association with the Co-op and for ten (10) years thereafter;

(z) The Co-op shall allow the Office to inspect and copy its business records, but the Office shall not copy an executed confidential disclosure statement. This provision shall not apply to the Attorney General of the District of Columbia;

(aa) A designee of the Office shall be permitted to attend, and be provided with the minutes of, each Co-op event, including a meeting of the board of directors, except at such times when an event is closed in order to consider a confidential matter such as a litigation or personnel issue. At such events, the designee may observe, ask questions, and provide information, and shall receive copies of the documents made available to other attendees, but shall have no vote on any Co-op business;

(bb) The Co-op shall enact no change to its bylaws which conflicts with a material provision of this title or other applicable law, without a prior amendment to this chapter authorizing such change, and shall promptly correct any errors or omissions in its bylaws;

(cc) The Co-op shall comply with all applicable District and federal laws and regulations, and shall engage only in fair and lawful competition;

(dd) The District may enforce the requirements of this section and § 1612 through an appropriate action at law or in equity, including an action by the Attorney General of the District of Columbia in parens patriae;

1613.9 The draft bylaws filed with the Office pursuant to § 1613.7 may:

(a) Allow the Co-op to apply for and accept any necessary grants made available by the Office, and shall comply with all terms and conditions thereof; and

(b) Allow the Co-op to engage in any activity which his authorized by law, not inconsistent with the required terms and conditions for its bylaws set forth in § 1613.8, and in the interest of its members, including:

(1) Offering insurance, such as life, health, dental, disability, and vehicle;

(2) Providing retirement and savings plans, and other benefits;

(3) Offering discounts on goods and services of interest to members; and

(4) Operating a subsidiary which engages only in activities related to the authorized activities of the Co-op; and

(c) Contain such additional terms and conditions as are necessary and appropriate to establish, support, and maintain the Co-op, which are not inconsistent with the required terms and conditions for its bylaws set forth in this subsection or with other applicable laws.

1613.10 The bylaw drafting advisory group shall file the draft bylaws with the Office for its approval.

1613.11 The draft bylaws shall include the names of the bylaw drafting advisory group members who agree to the draft, and alternative text and comments, if any, from any member of the bylaw drafting advisory group who does not concur with the text agreed to by the other members.

1613.12 The Office shall review the draft bylaws to determine whether they comply with this section and § 1612, and shall issue a written decision within ten (10) days of receiving draft bylaws which appear to comply with this section and § 1612. If the Office does not approve the draft bylaws, it shall state the basis of its decision in writing. Thereafter, the bylaw drafting advisory group shall revise the draft bylaws to address the issues identified in the Office’s decision and shall re-file the draft bylaws within ten (10) days.

1613.13 During the first twenty four (24) months after the effective date of this section, the Office may make one or more grants to the Co-op in an amount not to exceed twenty five thousand dollars ($25,000), to defray the documented expenses to establish or operate the Co-op pursuant to the provisions of this section, § 1612, and other applicable laws, upon such terms and conditions as may be contained in the grant. Each grant shall be made pursuant to all applicable laws, regulations, and guidelines, and any administrative issuance of the Office.

1613.14 The Office shall develop and test the DC TaxiApp, which is and shall remain the intellectual property of the District Government. The Office shall grant to the Co-op an exclusive right to use the DC TaxiApp for taxicab service in the District. The District Government shall retain all other rights to the DC TaxiApp, including the right to license the DC TaxiApp for any other purpose, including for use outside the District.

1613.15 The Co-op’s decision to suspend an operator’s use of the DC TaxiApp shall not be admissible to establish that a provision of this title or other applicable law was violated by the operator.

1613.16 The Co-op may use a name or trade name other than the “District of Columbia Taxicab Industry Co-Op”, provided the name or trade name is not misleading or confusing to the public. The Co-op may use a name or trade name for the DC TaxiApp other than the “District of Columbia Taxicab App”, provided the name or trade name is not misleading or confusing to the public.

History

SOURCE: Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 8061 (June 5, 2015); as amended by Final Rulemaking published at 63 DCR 3752 (March 11, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1613

31 DCMR § 1699 [REPEALED]

History

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1699

31-18 WHEELCHAIR ACCESSIBLE PARATRANSIT TAXICAB SERVICE

31 DCMR § 1800 APPLICATION AND SCOPE

1800.1 This chapter establishes licensing and other requirements applicable to taxicab companies (“companies”), operators, and vehicles, that are approved under this chapter to provide paratransit taxicab service, including wheelchair accessible service, as a participant in the Coordinated Alternative to Paratransit Services – DC Pilot Program (CAPS-DC), to ensure the safety of passengers and operators, to protect consumers, and for other lawful purposes within the authority of the Commission.

1800.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Act”).

1800.3 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 63 DCR 2247 (February 26, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1800

31 DCMR § 1801 GENERAL PROVISIONS

1801.1 No person shall participate in a CAPS-DC trip unless the company, operator and vehicle have been approved to participate in CAPS-DC under this chapter, and the company, operator, and vehicle are in compliance with all applicable provisions of this title and other applicable laws.

1801.2 Nothing in this chapter shall be construed as soliciting or creating a contractual relationship, agency relationship, or employer-employee relationship between the District of Columbia and any other person.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1801

31 DCMR § 1802 TAXICAB COMPANIES – ELIGIBILITY

1802.1 Any taxicab company which has current operating authority under Chapter 5 of this title, is in good standing with the Office, and is interested in participating in CAPS-DC, may apply to the Office to be approved as a participant in the CAPS-DC program.

1802.2 Each taxicab company interested in participating in CAPS-DC (“applicant”) shall be in compliance with the requirements of this section at the time of its application under § 1803.

1802.3 Each applicant shall be in compliance with all applicable provisions of this title in addition to those set forth in this chapter.

1802.4 Each applicant shall possess all necessary endorsements on its Department of Consumer and Regulatory Affairs (“DCRA”) basic business license for provision of CAPS-DC, if any.

1802.5 Each applicant shall possess insurance under Chapter 9 which extends to its participation in CAPS-DC, including the participation of its associated operators and vehicles.

1802.6 Each applicant shall be in compliance with, or ready and able to comply with, all operating requirements in § 1806.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1802

31 DCMR § 1803 TAXICAB COMPANIES – APPLICATION

1803.1 Each applicant shall provide the following information and documentation to the Office of Taxicabs (“Office”):

(a) The name of the applicant;

(b) The trade name(s) and logo used by the company, if any;

(c) Information and documentation showing that the business is in compliance with, or ready and able to comply with, all the eligibility requirements of § 1802 and all the operating requirements in § 1806;

(d) Information and documentation showing that the business seeks and would be eligible to receive a grant from the Office for the purpose of acquiring and placing into service one or more wheelchair accessible paratransit vans transferred from the Washington Metropolitan Area Transit Authority (“WMATA vans”), pursuant to § 1806.3; and

(e) Such other information and documentation as the Office deems necessary to determine that the applicant meets the requirements for approval under this title and other applicable laws.

1803.2 Each application filed with the Office under this section shall be:

(a) Full and complete;

(b) Accompanied by full and complete documentation;

(d) Submitted no later than the deadline stated in any applicable administrative issuance, instruction, or guidance issued by the Office; and

(e) Accompanied by an application fee of five hundred dollars ($500).

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1803

31 DCMR § 1804 TAXICAB COMPANIES – REVIEW OF APPLICATION

1804.1 The Office shall review each application pursuant to the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118, D.C. Official Code §§ 47-2861, et seq.) and shall deny the application of any applicant not in compliance with the Clean Hands Act.

1804.2 An application may be denied if the applicant does not cooperate with the Office during the application process, if the application is not complete, or if the applicant provides materially false information for the purpose of inducing the Office to grant the application.

1804.3 If the Office denies an application:

(a) The Office shall state the reasons for its decision in writing; and

(b) The applicant may appeal the decision to the Chief of the Office within fifteen (15) calendar days, and, otherwise, the decision shall constitute a final decision of the Office. The Chief shall issue a decision on an appeal within thirty (30) calendar days. A timely appeal of a denial shall extend any existing approval pending the Chief's decision. A decision of the Chief to affirm or reverse a denial shall constitute a final decision of the Office. A decision of the Chief to remand to the Office for further review of an application shall extend any existing approval pending the final decision of the Office.

1804.4 Each CAPS-DC approval shall be effective for twelve (12) months, provided however, that the approval shall not be effective during any time when the company’s operating authority under Chapter 5 has been suspended, revoked, or not renewed.

1804.5 The Office shall provide to the applicant a physical certificate reflecting the Office’s approval of the applicant to participate in CAPS-DC, and to receive a grant for the acquisition of WMATA vans. The certificate shall be the property of the Office, and shall be returned to the Office at the expiration of the approval period or otherwise as provided in this title.

1804.6 The Office shall maintain on the Commission’s website the name and contact information of each taxicab company approved to participate in CAPS-DC.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1804

31 DCMR § 1805 TAXICAB COMPANIES – RENEWAL

1805.1 Each company shall apply to renew its CAPS-DC approval not later than sixty (60) days prior to the expiration date of its existing approval.

1805.2 Each company that fails to apply for renewal of its approval prior to the twenty ninth (29th) day prior to the expiration date of its existing approval may be required to surrender its certificate of CAPS-DC approval at the end of the approval period, and apply for a new approval.

1805.3 Each company which applies to renew its CAPS-DC approval shall, at the time it files its renewal application, be in full compliance with this title and other applicable laws.

1805.4 Unless the Office provides otherwise in writing, all requirements for a new approval shall apply to a renewal approval.

1805.5 A CAPS-DC approval shall continue in force and effect beyond its expiration period, during such time as an application for renewal of such approval is pending, provided such application was timely filed and the application is complete.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1805

31 DCMR § 1806 TAXICAB COMPANIES AND OPERATORS – OPERATING REQUIREMENTS

1806.1 Each company that has been approved by the Office to participate in CAPS-DC shall have current operating authority under Chapter 5 of this title, be in good standing with the Office, including no pending enforcement actions, and be in compliance with all other applicable provisions of this title and other applicable laws.

1806.2 Each approved company shall maintain appropriate business records of its compliance with the provisions of this chapter and participation in CAPS-DC, shall retain such records according to industry best practices for not less than five (5) years.

1806.3 Each approved company shall acquire and operate wheelchair accessible vehicles for use in the CAPS-DC program as follows:

(a) Each approved company shall acquire one or more WMATA vans consistent with the approval under § 1804; all applicable District, WMATA, and Federal laws and regulations; and any applicable issuances, instructions, or guidance issued by the Office; and thereafter, shall operate such WMATA vans in the CAPS-DC program in the manner required by this chapter; and

(b) In lieu of acquiring and operating a WMATA van as required by paragraph (a), an approved company may instead purchase and operate a new, best-available fuel, wheelchair accessible vehicle, which complies with § 1806.5(b).

1806.4 The Office shall make a grant to each approved company for the acquisition of one or more WMATA vans pursuant to § 1806.3, not to exceed four thousand eight hundred dollars ($4,800) for each WMATA. Each grant shall be made pursuant to all applicable laws, regulations, and guidelines. The company shall dispose of each WMATA van in the manner required by law and by the conditions of the grant. Failure to comply with the requirements of this subsection may result in the suspension or revocation of a company’s CAPS-DC approval, and the company may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.

1806.5 Companies participating in CAPS-DC shall comply with the following provisions concerning vehicles:

(a) Each company shall add a vehicle to its fleet which complies with paragraph (b) each time the company completes three thousand (3,000) Transport DC trips, or such greater number of trips as may be established in an administrative issuance.

(b) Each vehicle added pursuant to part (a) shall be a new wheelchair accessible vehicle which has a side or rear entry and a ramp which meets ADA requirements, and has one of the following sources of propulsion:

(1) Compressed natural gas (CNG);

(2) Gasoline-electric hybrid;

(3) Diesel or bio-diesel;

(4) Liquid propane; or

(5) Ethanol (E85).

(c) A WMATA van shall not be replaced until on or after October 1, 2015., At the time a WMATA van is eligible to be replaced, it shall be replaced consistent with any additional terms and conditions imposed by the Commission based on total participation in the pilot program during Fiscal Year 2015, on District-wide demand for wheelchair service, on the need for wheelchair accessible vehicles in future programs targeted to serve underserved areas of the District, and on other lawful and appropriate considerations under the Act. A WMATA van eligible for transfer from a company to a third party shall be transferred only in compliance with all terms and conditions of the grant provided by the Office for its acquisition.

(d) A company that fails to comply with the requirements of paragraphs (a)-(c) shall be subject to suspension or revocation of its CAPS-DC approval, and may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.

1806.6 Prior to providing wheelchair service, each taxicab operator shall:

(a) Have completed wheelchair service training approved by the Office, including either:

(1) Current training offered by an approved company pursuant to § 1806.7 which teaches a curriculum developed by the Office, including interfacing with persons with disabilities, operating mobility equipment, passenger assistance techniques, and operating wheelchair accessible vehicles;

(2) Prior training offered in connection with rollDC; or

(3) A combination of subparagraphs (1) and (2) as determined by the Office to be sufficient to meet the needs of CAPS-DC;

(b) Pass a written examination, administered by the Office, establishing the operator’s competency to provide wheelchair service consistent with the Office’s curriculum; and

1806.7 Each company shall offer wheelchair service training to its associated operators to allow them to obtain AVID licenses consistent with the provisions of § 1806.6, and shall provide reasonable incentives to operators to obtain such training.

1806.8 Each company shall maintain with the Department a current and accurate inventory of all active operators and vehicles approved for and providing Transport DC service, including all vehicles associated with the company pursuant to a dispatch agreement under §§ 1010.17, or 1010.20 updated in such manner and at such times as determined by the Department, with the following information:

(a) For each operator: name, cellular telephone number, DFHV operator’s license number, and an indication of whether the operator has completed the wheelchair service training pursuant to § 1806.6, and, if so, the date of completion; and

(b) For each vehicle: year, make, model, color, PVIN, tag number, and an indication of whether the vehicle is wheelchair accessible.

1806.9 Each company, including a company participating in CAPS-DC pursuant to a dispatch agreement under § 1010.17, shall ensure that:

(a) Each operator:

(1) Possesses a current and valid DCTC operator’s license; and

(2) If the operator is operating a wheelchair accessible vehicle, has a wheelchair service certification, as required by § 1806.6, and has been issued an AVID operator’s license.

(b) Each vehicle:

(1) Is in compliance with all applicable provisions of this title, including: vehicle licensing requirements; uniform color scheme requirements; and equipment requirements such as a modern taximeter system (MTS) unit until December 31, 2017, or a digital taxicab solution (DTS) unit, and a legacy dome light or cruising light, as required for all taxicabs by § 602;

(2) If it is a wheelchair accessible vehicle, is operated only by an operator trained to provide wheelchair service, as required by this chapter;

(3) If it is a wheelchair accessible vehicle, other than a WMATA van or a wheelchair accessible vehicle that was associated with the company prior to its approval to participate in Transport DC: meets all applicable provisions of this chapter for use in Transport DC; and

(4) Has an MTS or DTS unit which has been configured to report Transport DC trip data in the format directed by the Department, allowing the Department to identify Transport DC trips and such other information related to Transport DC as may reasonably be required by an administrative issuance.

1806.10 The rates and charges, and acceptable forms of payment, for each Transport DC trip shall be in accordance with the following requirements:

(a) The fare for a Transport DC trip shall be a flat rate established by an agreement between the Department and the taxicab company participating in Transport DC that provides the trip; provided, that the flat rate established in the agreement shall not exceed thirty-eight dollars ($38);

(b) The fare for a Transport DC trip shall be paid as follows:

(1) Seven dollars ($7.00) of the Transport DC fare shall be paid by the passenger by any means allowed by Chapter 8, including a payment card or cash; and

(2) The remaining fare shall be paid by the District;

(c) The passenger may choose to add a gratuity to the fare, which shall be paid by the passenger. The gratuity may be paid by any means allowed by Chapter 8, including a payment card or cash; and

(d) No passenger surcharge shall be collected from a passenger for a Transport DC trip.

1806.11 Each company shall make CAPS-DC service available through a telephone dispatch service to any CAPS-DC participant who requests service. Each company may also make CAPS-DC service available through a single digital dispatch service. All dispatch services shall be provided in accordance with the provisions of Chapter 16.

1806.12 Each company shall accept each booking for a CAPS-DC trip anywhere within the District which is made at least one (1) hour prior to service.

1806.13 Each company participating in CAPS-DC shall provide service using the wheelchair accessible vehicles in accordance with the following requirements:

(a) Each wheelchair accessible vehicle shall be used to provide service in the following descending order of priority to the extent permitted by all applicable laws:

(1) A CAPS-DC passenger, for which the fare shall be consistent with § 1806.10;

(2) Any passenger requesting a wheelchair accessible vehicle, for which the fare shall be consistent with the provisions of Chapter 8; and

(3) Any other passenger, for which the fare shall be consistent with the provisions of Chapter 8.

1806.14 Each company shall ensure that wheelchair service is available at all times when CAPS-DC service or booking is required to be available under this chapter.

1806.15 Each CAPS-DC trip shall be between a MetroAccess approved location or facility in the District and another location in the District, or vice-versa.

1806.16 Each company shall require each operator to verify that the photograph and information on the passenger’s MetroAccess Card matches the information on the CAPS-DC debit card prior to the start of a CAPS-DC trip.

1806.17 Each company shall provide invoices and reports of its CAPS-DC trips and its compliance with this chapter at such times and in such forms as directed in an applicable issuance, instruction, or guidance issued by the Office.

1806.18 Where a vehicle dispatched to pick up a CAPS-DC passenger is unable to render service for any reason, including the passenger's inability to pay or equipment (vehicle or MTS unit) malfunction, the following provisions shall apply:

(a) The operator shall immediately notify the passenger and the company of the circumstances;

(b) If the passenger is unable to pay, the operator shall provide service and the company shall promptly notify the Office and make appropriate arrangements for payment; and

(c) If there has been an equipment malfunction, the company shall immediately dispatch another vehicle to that location. The passenger may choose to wait inside the first vehicle until the second vehicle arrives, at no charge to the passenger. The operator shall comply with the requirements in Chapter 6 concerning equipment malfunctions.

1806.19 Notwithstanding any applicable administrative issuance, instruction, or guidance previously issued by the Office, each WMATA van or wheelchair accessible vehicle acquired or purchased pursuant to this subsection shall be eligible to receive a new “H-tag” pursuant to all applicable rules and regulations of DMV.

1806.20 In addition to vehicles acquired pursuant to §§ 1806.3(a) and (b), a company shall dispatch any vehicle associated with the company pursuant to a dispatch agreement under § 1010.17.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 11424 (October 31, 2014); as amended by Final Rulemaking published at 62 DCR 2561 (February 27, 2015); as amended by Final Rulemaking published at 62 DCR 9267 (July 3, 2015); as amended by Final Rulemaking published at 63 DCR 2247 (February 26, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 63 DCR 10474 (August 12, 2016); as amended by Final Rulemaking published at 64 DCR 2255 (February 24, 2017); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 65 DCR 12624 (November 16, 2018); as amended by Final Rulemaking published at 69 DCR 000726 (January 28, 2022). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1806

31 DCMR § 1807 PROHIBITIONS

1807.1 No company or operator shall charge a CAPS-DC passenger a rate higher than the rates established by this chapter, or require payment in a form not authorized by this chapter.

1807.2 No company or operator shall participate in providing CAPS-DC wheelchair service unless the operator has an AVID license.

1807.3 No company or operator shall fail to provide CAPS-DC service at such time and in such manner as required by this chapter.

1807.4 No operator shall violate an applicable provision of this chapter.

1807.5 No company shall violate an applicable provision of this chapter.

1807.6 No taxicab company that participates in CAPS-DC shall allow a WMATA van or other wheelchair accessible vehicle used in the CAPS-DC program to be used other than as a public vehicle-for-hire.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 2561 (February 27, 2015). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1807

31 DCMR § 1808 PENALTIES

1808.1 Each violation of this chapter by a company or operator shall subject the company or operator to a civil fine and/or other penalty as provided under Chapter 20, provided however, that any pattern of noncompliance with the provisions of this chapter by a company shall also subject the company to the suspension, revocation, and/or non-renewal of its CAPS-DC approval.

1808.2 The enforcement of any provision of this chapter shall be governed by the applicable procedures of Chapters 7 and 20.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1808

31-19 PRIVATE VEHICLES-FOR-HIRE

31 DCMR § 1900 APPLICATION AND SCOPE

1900.1 This chapter establishes regulations for the businesses, operators, and vehicles which participate in providing private vehicle-for-hire service.

1900.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act, as amended by Vehicle-for-Hire Act, and of the Impoundment Act.

1900.3 The definitions in Chapter 99 shall apply to all terms used in this chapter. The phrase “company that uses digital dispatch for public vehicle-for-hire service”, as used in the Establishment Act, as amended by the Vehicle-for-Hire Act, shall include only a digital dispatch service, as defined in Chapter 99, and shall not include any other person regulated by this title in connection with the provision of a public vehicle-for-hire service, such as a taxicab company or association.

1900.4 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1900

31 DCMR § 1901 GENERAL PROVISIONS

1901.1 Each private sedan business shall be registered under this chapter.

1901.2 Each digital dispatch service associated or affiliated with a private sedan business shall be registered with the Office under Chapter 16.

1901.3 Nothing in this chapter shall be construed as soliciting or creating a contractual relationship, agency relationship, or employer-employee relationship between the District and any other person.

1901.4 The District shall have no liability for the negligent, reckless, illegal, or otherwise wrongful conduct of any individual or entity which provides private sedan service.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1901

31 DCMR § 1902 PRIVATE SEDAN BUSINESSES - REGISTRATION

1902.1 Each private sedan business operating in the District shall be registered with the Office as provided in this section.

1902.2 Each private sedan business operating in the District on the effective date of the Vehicle-for-Hire Act shall register with the Office within five (5) business days of the effective date of this chapter, and all other private sedan businesses shall register with the Office prior to commencing operations in the District.

1902.3 Each private sedan business and its associated or affiliated digital dispatch service shall contemporaneously apply for registration under this chapter and Chapter 16.

1902.4 Each private sedan business shall apply for registration by providing a certification on a form made available by the Office, which shall include the following information and documentation:

(a) Proof that the private sedan business is licensed to do business in the District;

(b) Proof that the private sedan business maintains a registered agent in the District;

(d) Proof that the private sedan business has established a trade dress required by § 1903.8, including an illustration or photograph of the trade dress;

(e) Identification of the private sedan business’s associated or affiliated digital dispatch service;

(f) Proof that the private sedan business or its associated private sedan operators are in compliance with the insurance requirements of § 1905, including a complete copy of the policy(ies), the accord form(s), all endorsements, the declarations page(s), and all terms and conditions; and

(g) Contact information for one or more designated individuals with whom the Office shall be able to communicate at all times for purposes of enforcement and compliance under this title and other applicable laws, including cellphone number(s) and an email address which shall be dedicated exclusively to the purposes of this paragraph.

1902.5 Each certification filed under § 1902.4 shall be executed under oath by an individual with authority to complete the filing and shall be accompanied by a filing fee of twenty five thousand dollars ($25,000) for each initial certification, and one thousand dollars ($1,000) for each renewal certification.

1902.6 The Office shall complete its review of a certification within fifteen (15) business days of filing. All proof of insurance shall be subject to a review by DISB. Each applicant shall cooperate with the Office to supplement or correct any information needed to complete the review. The Office may deny registration where it appears the private sedan business will not be operating in compliance with this title and other applicable laws.

1902.7 Each registration under this section shall be effective for twenty-four (24) months.

1902.8 Each registered private sedan business shall renew its registration by filing a certification at least fourteen (14) days prior to its expiration as provided in § 1902.7.

1902.9 Each registered private sedan business shall promptly inform the Office of either of the following occurrences in connection with its most recent registration:

(b) A change in contact information; or

1902.10 No document submitted with an application for registration under § 1904.4 shall contain any redaction or omission of original text or an original attachment, provided however that insurance premium information may be redacted from the proof of insurance required by § 1902.4(f).

1902.11 Proof of insurance consistent with § 1902.4(f) shall immediately be filed with the Office for each insurance policy obtained by a private sedan business to replace an existing, lapsing, terminated, or cancelled policy. The Office shall review the proof of insurance within ten (10) business days of filing. The private sedan business shall cooperate with the Office to supplement or correct any information needed to complete the review. The Office may suspend or revoke the private sedan business’s registration where it appears the private sedan business will not be operating in compliance with the insurance requirements of this title or other applicable laws.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1902

31 DCMR § 1903 PRIVATE SEDAN BUSINESSES – OPERATING REQUIREMENTS

1903.1 Each private sedan business shall create an application process for an individual to apply to the private sedan business to register as a private sedan operator.

1903.2 Each private sedan business shall maintain a current and accurate registry of the operators and vehicles associated with the business.

1903.3 Each private sedan business shall display the following information on its website:

(a) The private sedan business’s customer service telephone number or electronic mail address;

(b) The private sedan business’s zero tolerance policies established pursuant to §§ 1903.9 and 1903.11 of this chapter;

(c) The private sedan business’s procedure for reporting a complaint about an operator who a passenger reasonably suspects violated the zero tolerance policy pursuant to §§ 1903.9 and 1903.11 of this chapter; and

(d) A telephone number or electronic mail address for the Office.

1903.4 Each private sedan business shall verify that an initial safety inspection of a motor vehicle used as a private sedan was conducted within ninety (90) days of when the vehicle enters service and that the vehicle passed the inspection and was determined to be safe by a licensed mechanic in the District, pursuant to D.C. Official Code § 47-2851.03(a)(9) or an inspection station authorized by the State of Maryland or the Commonwealth of Virginia to perform vehicle safety inspections, provided however, that an initial safety inspection need not be conducted if the vehicle is compliant with an annual state-required safety inspection.

1903.5 Each safety inspection conducted pursuant to § 1903.4 shall check the following motor vehicle equipment to ensure that such equipment is safe and in proper operating condition:

(a) Brakes and parking brake;

(b) All exterior lights, including headlights, parking lights, brake lights, and license plate illumination lights;

(d) Steering and suspension;

(e) Tires, wheels, and rims;

(f) Mirrors;

(g) Horn;

(h) Windshield and other glass, including wipers and windshield defroster;

(i) Exhaust system;

(j) Hood and area under the hood, including engine fluid level and belts;

(k) Interior of vehicle, including driver’s seat, seat belts, and air bags;

(l) Doors;

(m) Fuel system; and

(n) Floor pan.

1903.6 Each private sedan business shall verify the safety inspection status of a vehicle as described in § 1903.5 on an annual basis after the initial safety inspection is conducted.

1903.7 Each private sedan business shall perform the background checks required by § 1903.16 on each applicant before such individual is allowed to provide private sedan service and update such background checks every three (3) years thereafter.

1903.8 Each private sedan business shall establish and maintain a trade dress policy as follows:

(a) A trade dress:

(1) Utilizing a consistent and distinctive logo, insignia, or emblem;

(2) Which is sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least fifty (50) feet;

(3) Which is reflective, illuminated, or otherwise patently visible in darkness; and

(b) A policy requiring the trade dress to be displayed in a specific manner in a designated location on the vehicle at all times when the operator is logged into the private sedan business’s associated or affiliated DDS, in a manner consistent with all DMV regulations and other applicable laws, and removed at all other times.

1903.9 Each private sedan business shall establish and maintain a policy of zero tolerance for the use of alcohol or illegal drugs or impairment by the use of alcohol or drugs while a private sedan operator is logged into the private sedan business’s associated or affiliated DDS.

1903.10 Each private sedan business shall:

(a) Conduct an investigation when a passenger alleges that a private sedan operator violated the zero tolerance policy established by § 1903.9; and

(b) Immediately suspend for the duration of the investigation required by subparagraph (b) of this subsection, a private sedan operator upon receiving a written complaint from a passenger submitted through regular mail or electronic means containing a reasonable allegation that the operator violated the zero tolerance policy established by § 1903.9.

1903.11 Each private sedan business shall establish a policy of zero tolerance for discrimination and discriminatory conduct on the basis of any protected characteristic under D.C. Official Code § 2-1402.31, while a private sedan operator is logged into a private sedan business’s associated or affiliated DDS.

1903.12 Discriminatory conduct under § 1903.11 may include but shall not be limited to:

(a) Refusal of service on the basis of a protected characteristic, including refusal of service to an individual with a service animal unless the operator has a documented serious medical allergy to animals on file with the private sedan business;

(b) Using derogatory or harassing language on the basis of a protected characteristic of the passenger under D.C. Official Code § 2-1402.31;

(d) Refusal of service based solely on an individual’s disability which leads to an appearance or to involuntary behavior which may offend, annoy, or inconvenience the operator or another individual; and

(e) Rating a passenger on the basis of a protected characteristic.

1903.13 It shall not constitute discrimination under § 1903.11 for a private sedan operator to refuse to provide service or to cease providing service to an individual who engages in violent, seriously disruptive, or illegal conduct.

1903.14 Each private sedan business shall:

(a) Conduct an investigation when a passenger makes a reasonable allegation that an operator violated the zero tolerance policy established by § 1903.11; and

(b) Immediately suspend, for the duration of the investigation conducted pursuant to subparagraph (a) of this subsection a private sedan operator upon receiving a written complaint from a passenger submitted through regular mail or electronic means containing a reasonable allegation that the operator violated the zero tolerance policy established by § 1903.11.

1903.15 Each private sedan business shall maintain records relevant to the requirements of this section for the purposes of enforcement.

1903.16 Each private sedan business shall register private sedan operators in accordance with the following requirements:

(a) Each individual applying to register with a private sedan business (“applicant”) shall be at least twenty-one (21) years of age.

(b) A third party accredited by the National Association of Professional Background Screeners or a successor accreditation entity shall conduct the following examinations:

(1) A local and national criminal background check;

(2) The national sex offender database background check; and

(3) A full driving record check.

(1) As shown in the local or national criminal background check conducted in accordance with subparagraph (b) of this subsection, has been convicted within the past seven (7) years of:

(A) An offense defined as a crime of violence under D.C. Official Code § 23-1331(4);

(B) An offense under Title II of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law l0-257; D.C. Official Code §§ 22-3002 et seq.);

(C) An offense under Section 3 of the District of Columbia Protection Against Minors Act of 1982, effective March 9, 1983 (D.C. Law 4-173; D.C. Official Code § 22-3102);

(D) Burglary, robbery, or an attempt to commit robbery under An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code §§ 22-801, 22-2801 and 22-2802);

(E) Theft in the first degree under Section 112 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3212);

(F) Felony fraud or identity theft under Sections 112, 121, or 127b of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code §§ 22-3212, 22-3221, and 22-3227.02); or

(G) An offense under any state or federal law or under the law of any other jurisdiction in the United States involving conduct that would constitute an offense described in subparagraphs (A), (B), (C), (D), (E), and (F) of this paragraph if committed in the District;

(2) Is a match in the national sex offender registry database;

(3) As shown in the national background check or driving record check conducted in accordance with subparagraphs (b)(l) and (b)(3) of this section, has been convicted within the past seven (7) years of:

(A) Aggravated reckless driving under Section 9(b-1) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-2201.04 (b-1));

(B) Fleeing from a law enforcement officer in a motor vehicle under section l0b of the District of Columbia Traffic Act, 1925, effective March 16, 2005 (D.C. Law 15-239; D.C. Official Code § 50-2201.05b);

(C) Leaving after colliding under section 10c of the District of Columbia Traffic Act, 1925, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2201.05c);

(D) Negligent homicide under Section 802(a) of An Act To amend an Act of Congress entitled "An Act to establish a Code of Law for the District of Columbia", approved March 3, 1901, as amended, by adding three new sections to be numbered 802(a), 802(b), and 802(c), respectively, approved June 17, 1935 (49 Stat. 385; D.C. Official Code § 50-2203.01);

(E) Driving under the influence of alcohol or a drug, driving a commercial vehicle under the influence of alcohol or a drug, or operating a vehicle while impaired under Sections 3b, 3c, or 3e of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code §§ 50-2206.11, 50-2206.12, and 50-2206.14);

(F) Unauthorized use of a motor vehicle under Section 115 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-3215); and

(G) An offense under any state or federal law or under the law of any other jurisdiction in the United States involving conduct that would constitute an offense described in subparts (A), (B), (C), (D), (E), or (F) of this part if committed in the District; or

(4) Has been convicted within the past three (3) years of driving with a suspended or revoked license under Section 13(e) of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-1403.01(e)), according to the driving record check conducted in accordance with § 1902.16(b).

1903.17 Each private sedan business shall allow its operators to use only vehicles which:

(1) Have a manufacturer's rated seating capacity of eight (8) persons or fewer, including the operator;

(2) Have at least four (4) doors and meet applicable federal motor vehicle safety standards for vehicles of its size, type, and proposed use; and

(3) Are not more than ten (10) model years of age at entry into service and not more than twelve (12) model years of age while in service.

1903.18 A private sedan business may offer service at no charge, suggest a donation, or charge a fare, provided however, that if a fare is charged the private sedan business shall comply with the provisions of § 1604.4.

1903.19 Each private sedan business shall possess the insurance required by § 1905 and be registered with the Office as required by § 1905.4.

1903.20 Each private sedan business shall notify the Office immediately upon the suspension or termination of an operator, by providing the operator’s name, address, driver’s license information, and the vehicle’s make, model, year, color, and tag information.

1903.21 Each private sedan business shall designate and maintain one or more individuals with whom the Office shall be able to communicate at all times for purposes of enforcement and compliance under this title and other applicable laws, whom the private sedan business shall identify in its registration under § 1902.4, and shall maintain an email address dedicated exclusively to the purposes of this paragraph.

1903.22 Each private sedan business shall ensure a private sedan operator cannot log in to the app of the private sedan business’s associated or affiliated DDS app while the operator is suspended or after the operator is terminated by the private sedan business.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1903

31 DCMR § 1904 PRIVATE SEDAN OPERATORS – REQUIREMENTS

1904.1 Each private sedan operator shall comply with the following requirements for providing private sedan service in the District:

(a) The operator shall provide service only when registered with and not under suspension by a private sedan business which is registered under this chapter. The provision of private sedan service while under suspension shall be deemed a failure to be registered with any private sedan business.

(b) The operator shall accept trips only through the use of, and when logged into, an app provided by a digital dispatch service, registered under Chapter 16, and associated or affiliated with the private sedan business with which the operator is registered.

(c) The operator shall not solicit or accept a street hail, engage in false dispatch, or use a taxicab or limousine stand.

(d) The operator shall not be logged in to the app of a private sedan business’s associated or affiliated digital dispatch service without displaying the trade dress of such private sedan business in the manner required by its trade dress policy as established pursuant to § 1903.8.

(e) The operator shall keep the following items present in the vehicle, readily accessible for inspection by a vehicle inspection officer, police officer, and other District enforcement official:

A current and valid personal driver’s license issued by a jurisdiction within the MSA;

Written proof of the personal motor vehicle insurance coverage required by D.C. Official Code § 31-2403; and

A device through which the operator provides service and demonstrates compliance with this title and other applicable laws.

(f) The operator shall fully and timely cooperate with vehicle inspection officers, police officers, and other District enforcement officials, during traffic stops, and during all other enforcement and compliance actions under this title and other applicable laws. A violation of this paragraph shall be treated as a violation of a compliance order under § 702(g).

(g) The operator shall, in the event of an accident arising from or related to the operation of a private sedan originating in or occurring in the District:

(1) Notify the private sedan business with which the operator is associated if required by the private sedan business; and

(2) Notify the Office within three (3) business days if the accident is accompanied by the loss of human life or by serious personal injury without the loss of human life. The notice shall include a copy of each report filed with MPD or other police agency, a copy of each insurance claim made by the private sedan operator, and such other information and documentation as required by the Office.

(h) The operator shall be chargeable with knowledge of the applicable provisions of this title and other applicable laws, applicable notices published in the D.C. Register, and applicable administrative issuances, instructions and guidance posted on the Commission’s website.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1904

31 DCMR § 1905 PRIVATE SEDAN BUSINESSES AND OPERATORS - INSURANCE REQUIREMENTS

1905.1 Each private sedan business or private sedan operator shall maintain a primary automobile liability insurance policy that provides coverage for the vehicle and the operator when the operator is engaged in a prearranged ride of at least one million dollars ($1,000,000) per occurrence for accidents involving a private sedan operator, for all private sedan trips originating in or occurring in the District, under which the District is a certificate holder and a named additional insured.

1905.2 Each private sedan business or private sedan operator shall maintain a primary automobile liability insurance policy that provides coverage for the vehicle and the operator, for all private sedan trips originating in or occurring in the District, under which the District is a certificate holder and a named additional insured, for the time period when the operator is logged in to a private sedan business’s DDS, showing that the operator is available to pick up passengers but is not engaged in a prearranged ride.

1905.3 The coverage amounts under § 1905.2 shall be minimum coverage of at least fifty thousand dollars ($50,000) per person per accident, with up to one hundred thousand dollars ($100,000) available to all persons per accident, and twenty-five thousand dollars ($25,000) for property damage per accident and either:

(a) Offers full-time coverage similar to the coverage required under § 15 of the Act;

(b) Offers an insurance rider to, or endorsement of, the operator’s personal automobile liability insurance policy as required by § 7 of the Compulsory/No Fault Motor Vehicle Insurance Act (D.C. Official Code §§ 31–2401 et seq.); or

(c) Offers a liability insurance policy purchased by the private sedan business that provides primary coverage for the time period in which the operator is logged into the private sedan business’s DDS showing that the operator is available to pick up passengers.

1905.4 Each private sedan business that purchases an insurance policy under this chapter shall provide proof to the Office, at the time of registration, that the private sedan business has secured the policy, and shall provide proof of its compliance with § 1905.11 within five (5) business days of such compliance.

1905.5 A private sedan business shall not allow a private sedan operator who has purchased his or her own policy to fulfill the requirements of this chapter to accept a trip request through the DDS used by the private sedan business until the private sedan business verifies that the operator maintains insurance as required under this chapter. If the insurance maintained by a private sedan operator to fulfill the insurance requirements of this chapter has lapsed or ceased to exist, the private sedan business shall provide the coverage required by this chapter beginning with the first dollar of a claim.

1905.6 If more than one insurance policy purchased by a private sedan business provides valid and collectable coverage for a loss arising out of an occurrence involving a motor vehicle operated by a private sedan operator, the responsibility for the claim shall be divided on an equal basis among all of the applicable polices; provided, that a claim may be divided in a different manner by written agreement of all of the insurers of the applicable policies and the policy owners.

1905.7 In a claims coverage investigation, a private sedan business shall cooperate with any insurer that insures the private sedan operator’s motor vehicle, including providing relevant dates and times during which an accident occurred that involved the operator to determine whether the operator was logged into a private sedan business’s DDS showing that the operator is available to pick up passengers.

1904.8 The insurance requirements set forth in this chapter shall be disclosed on each private sedan business’s website, and the business’s terms of service shall not contradict or be used to evade the insurance requirements of this chapter.

1905.9 Within ninety (90) days of the effective date of the Vehicle-for-Hire Act, a private sedan business that purchases insurance on an operator’s behalf under this chapter shall disclose in writing to the operator, as part of its agreement with the operator:

(a) The insurance coverage and limits of liability that the private sedan business provides while the operator is logged into the business’s DDS showing that the operator is available to pick up passengers; and

(b) That the operator’s personal automobile insurance policy may not provide coverage, including collision physical damage coverage, comprehensive physical damage coverage, uninsured and underinsured motorist coverage, or medical payments coverage because the operator uses a vehicle in connection with a private sedan business.

1905.10 An insurance policy required by this chapter may be obtained from an insurance company authorized to do business in the District or with a surplus lines insurance company with an AM Best rating of at least A-.

1905.11 Each private sedan business and operator shall have one hundred twenty (120) days from the effective date of the Vehicle-for-Hire Act to procure primary insurance coverage that complies with the requirements of § 1905.2; provided however, that until such time, each private sedan business shall maintain a contingent liability policy meeting at least the minimum limits of § 1905.2 that will cover a claim in the event that the private sedan operator’s personal insurance policy denies a claim.

1905.12 Each insurance policy required by this chapter shall provide that the Office receive all notices of policy cancellations and changes in coverage.

1905.13 Each private sedan business shall ensure that the Office receives all notices of policy lapses.

1905.14 Each private sedan business shall file proof of insurance as required by § 1902.11 whenever an insurance policy is obtained to replace an existing, lapsing, terminated, or cancelled policy, including where a private sedan business changes from allowing its associated operators to provide the coverage required by the chapter to providing the coverage itself.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1905

31 DCMR § 1906 PROHIBITIONS

1906.1 No person shall violate any applicable provision of this chapter.

1906.2 No private sedan operator shall threaten, harass, or engage in abusive conduct, or attempt to use or use physical force against any District enforcement official.

1906.3 A private sedan operator shall not provide service unless the operator is registered with a private sedan business, such private sedan business is registered under this chapter, and the private sedan operator is providing service through such private sedan business.

1906.4 A private sedan operator shall not accept trips through the app of a DDS associated or affiliated with any private sedan business unless the operator is registered with the private sedan business, the DDS is registered under Chapter 16, the private sedan business is registered under this chapter, and the operator is not suspended by such private sedan business. An operator suspended by a registered private sedan business shall be deemed to be not registered with that business.

1906.5 No private sedan operator shall provide service while under the influence of illegal intoxicants, or under the influence of legal intoxicants that have been prescribed with a warning against use while driving or operating equipment.

1906.6 No private sedan operator shall solicit or accept a street hail, engage in false dispatch, or use a taxicab or limousine stand.

1906.7 No private sedan operator shall access or attempt to access a passenger’s payment information after the payment has been processed.

1906.8 No private sedan operator or private sedan business shall engage in conduct which hinders or prevents the District from receiving an amount which the private sedan business’s associated or affiliated digital dispatch service must transmit to OCFO pursuant to § 1604.7.

1906.9 No private sedan business shall commence operating in the District after March 11, 2015, unless it has been granted a registration by the Office pursuant to § 1902.6.

1906.10 No insurance policy which provides the coverage required by this chapter shall contain language that does not conform with this title or the Act.

1906.11 No private sedan business or private sedan operator shall attempt through any means to contradict or evade the requirements of this title or other applicable laws.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 73 DCR 008243 (June 5, 2026). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1906

31 DCMR § 1907 PENALTIES

1907.1 Each violation of this chapter by a private sedan operator shall subject the operator to:

(a) A civil fine established by Chapter 20 of this title;

(b) Impoundment pursuant to the Impoundment Act, where a vehicle is operated without a document required by § 1904.1(e);

(d) A combination of the sanctions enumerated in parts (a) through (c).

1907.2 Each violation of this chapter by a private sedan business shall subject the business to:

(a) A civil fine established by Chapter 20 of this title;

(b) Enforcement action other than a civil fine, as provided in Chapter 7; or

1907.3 The civil fines for violations of this chapter by a private sedan business or private sedan operator are set forth in Chapter 20 of this title.

1907.4 An operator charged with a violation of § 1906.7 for false dispatch may be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, in the discretion of the trier of fact based on the evidence presented, but shall not be held liable for both violations.

1907.5 In addition to any other penalty or action authorized by a provision of this title, the Office may report violations to another government agency for appropriate action which may include the denial, revocation or suspension of any license that may be issued by the other agency.

History

SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 1907

31-20 FINES AND CIVIL PENALTIES

31 DCMR § 2000 FINES AND CIVIL PENALTIES

2000.1 The schedules of fines established in this section shall apply to all violations of Title 31. For violations of any provision of Title 31 for which a civil fine is not specified, the fine shall be $25 for operators and $100 for entities.

2000.2 All fines enumerated in § 2000.8 shall be doubled for the second violation, and tripled for the third and any subsequent violation within any twenty four (24) month period. All fines in § 2000.8 are maximum amounts to be assessed based upon the circumstances.

2000.3 A District enforcement official shall have discretion to issue a warning in lieu of a fine for any first violation in Schedule 4.

2000.4 The Office shall have discretion to offer an operator the operator’s choice of a notice of proposed suspension of the operator’s license in lieu of a scheduled fine for any infraction enumerated in Schedule 4, as follows:

(a) Where the fine exceeds two hundred fifty dollars ($250): a proposed suspension of the operator’s license for seven (7) days; and

(b) Where the fine is two hundred fifty dollars ($250) or less: a proposed suspension of the operator’s license for two (2) days.

2000.5 The Office may through an administrative issuance establish procedures regarding offers of proposed suspensions under § 2000.4, including, but not limited to, the time within which an operator must respond to an offer of a proposed suspension in lieu of a fine.

2000.6 An operator shall not waive any appeal rights under this title or under the APA by accepting an offer of a proposed suspension in lieu of a fine under § 2000.4.

2000.7 Manifest violations under § 823 including: failure to have in an approved form; failure to have possession of a manifest; failure to properly complete and maintain a manifest; and failure to provide a manifest to District enforcement official, are subject to a letter of reprimand for the first infraction in a twenty-four (24)-month period.

2000.8 The schedules of fines for civil infractions under Title 31 are established as follows:

Schedule 1

Fines For Entities

Maximum Fines Based On Circumstances

Digital Dispatch Services

Failure to transmit six percent (6%) of gross receipts to OCFO

(§ 1604.7)

Failure to provide required certification (§ 1605.4(e))

$25,000 per day

Taximeter Businesses

Fraud by taximeter business (§ 1313)

Bribery by taximeter business (§ 1317.1)

Acceptance of bribe by taximeter business (§ 1317.3)

$25,000

Dome Light Installation Businesses

Fraud (§ 1513)

Unlawful Activities (§ 1514)

Bribery of Commission (§ 1517.1)

Acceptance of bribe (§ 1517.3)

$25,000 and business license revocation

Dome Light Installation Businesses

Threats, harassment, and abuse (§ 1518)

$10,000 and business license revocation

Dome Light Installation Businesses

Failure to report (§ 1517.2)

Failure to notify Commission (§ 1517.4)

$10,000

Dome Light Installation Businesses

Failure to notify Commission (§ 1507.1)

Unauthorized work (§ 1525)

$5,000

Private Sedan Businesses

Failure to maintain adequate insurance coverage (§ 1905)

$25,000 per day

Taximeter Businesses

Failure to report to Commission acceptance of unauthorized gratuity or bribe (§ 1317.2)

$10,000

Taximeter Businesses

Allowing the registration of an operator where the private sedan business knew or should have known the operator was ineligible for registration (§ 1903.16)

Failure to conduct background check (§ 1903.16)

$7,500

Taximeter Businesses

Failure by taximeter business to notify Commission of change in ownership (§ 1307.1)

$5,000

Private Sedan Businesses

Failure of a private sedan business to:

Maintain a required zero tolerance policy (§§ 1903.9, 1903.11)

Investigate an alleged violation of these rules by a passenger (§ 1903.10)

Suspend an operator when required to do so under applicable law or

regulation (§ 1903.10)

Maintain adequate business records (§ 1903.15)

Maintain a current and accurate registration of operators and vehicles associated with the business (§ 1903.15)

Prevent a private sedan operator from logging into the app of the private sedan business’s associate or affiliated digital dispatch service while the operator is suspended or after s/he has been terminated (§ 1903.22)

Notify the Office upon suspension or termination of an operator (§ 1903.20)

Providing service while under the influence of intoxicants (§ 1906.5)

Maintain 24/7/365 communication for enforcement and compliance purposes (§ 1903.21)

Conduct an appropriate motor vehicle safety inspection or failure to verify that such an inspection has been completed (§ 1903.4)

$3,000

Schedule 2

Fines For Entities And Owners

Maximum Fines Based On Circumstances

Fraudulent Actions

Company allowing or inducing an individual to deface, alter, or remove a document posted pursuant to (§ 714.3)

$2,500

Payment Service Providers (Chapter 4)

Failure to do any of the following:

Submit electronic trip data to the TCIS every twenty-four (24) hours;

Verify operator credentials through a required login process;

Submit updated vehicle and operator inventories to the TCIS every twenty-four (24) hours;

Pay each taxicab company or independent owner with which it is associated the portion of such PSP's revenue to which the taxicab company or independent owner is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received by the PSP;

Ensure that the passenger surcharge is collected and paid to the District for each trip;

Maintain integration

$1,000

Per occurrence;

Per day for failure to maintain integration

Taximeter Business Violations

Unauthorized work (§ 1322)

$5,000

Taximeter Business Violations

Failure to notify Commission of conviction or license suspension/revocation (§§ 1315, 1316)

Failure to notify Commission of occurrences specified in §§ 1322, 1324

Defective certification/inspection/repair work (§§ 1322, 1324)

Inspection without certification or inspection (§ 1324)

$1,000

Digital Dispatch Services

Failure to ensure private sedan operator who is suspended or terminated is unable to log into app (§ 1604.8)

Failure to provide required certification (§ 1605.4)

$2,500 per day

Dome Light Installation Businesses

Failure to notify (§§ 1515, 1516, 1522)

Installation without inspection (§ 1524)

Defective certification/inspection (§ 1526)

Requiring repair work (§ 1527)

$1,000

Any violation of Chapter 16 not specifically enumerated

$1,000

Dome Light Installation Businesses

Change in fee schedule without notification (§ 1509)

Installation, adjustment, correction or repair of dome light outside of premises of licensed dome light installation business (§ 1510.3)

Failure to cooperate with Commission (§ 1519)

Work by Non-Certified Technician (§ 1520)

Sale of unapproved dome light for installation on a taxicab licensed by DCTC (§ 1529)

$500

Dome Light Installation Businesses

Failure to pay biannual license fee

$500 and suspension after 30 days overdue

False Dispatch (§ 1404.2)

$500

Unauthorized or unlicensed provision of L-class service (Chapter 12)

$500

Violations not otherwise specified by LCS Organizations (Chapter 12)

$500

DTS Providers

Prohibited discrimination in violation of § 818

$2,500

Schedule 3

Fines For Entities, Owners, and Operators

Maximum Fines Based On Circumstances

Fraudulent and unlawful actions

Falsifying or tampering with manifest (§ 823)

Displaying, possessing, or presenting a fraudulent copy or altered government issued operator identification (Face) card or vehicle inspection (DFHV) card (§ 814.7)

Knowingly operating with non-functioning meter or operating without a meter

Improper conduct and/or unlawful actions (§ 816)

$500

License, Registration, and Insurance

Unlicensed District resident or non-resident operator (§ 828)

Operating without a valid Face card or permitting operation without possession of a valid Face card (§ 814)

Providing private vehicle-for-hire service or accepting trips through the app of a DDS when the DDS, private sedan business, or operator is not registered (§§ 1904.1, 1906.3, 1906.4)

Operating without insurance (§ 1905)

Fail to timely renew license (LCS vehicle owner) (§ 1202.9)

Providing black car service without license (§1401.2)

$500

Operating without a special event vehicle for hire permit (§ 1016)

$500

Taximeter Business (Chapter 13)

Installation, adjustment, correction, calibration, or repair of taximeter outside of premises of licensed taximeter business

Change in fee schedule without notification

Failure to pay biannual license fee

Unlicensed business activity

Failure to cooperate with Commission

Work by non-certified technician

$500

Failure to comply with compliance order (§ 702)

$500

Violations of Chapter 18 by entities or owners (wheelchair accessible paratransit taxicab service)

$500

Failure to timely renew vehicle license (§ 501)

$500

Failure to report an accident to insurance company within a timely manner or to the Office of Taxicabs within 3 business days (§ 906)

$500

Use, threaten, or attempt physical force (§§ 817.1 and 1906.2)

Threatening, harassing, or engaging in abusive conduct toward a District enforcement official (§ 817)

Refusal to haul/discrimination (§§ 818, 819.4)

Private vehicle-for-hire operator using taxicab stand (§ 1906.6)

Accepting a street hail (§ 1906.7)

$500

Operating with off size wheels or tires (Chapter 6)

$500

Operating without meter or with nonfunctional meter (§ 602)

$500

Transport DC violations by companies not otherwise specified (§ 1808.2)

$500

Failure to decommission public vehicle-for-hire when operating under exclusive time contract (§ 800)

$500

Digital Dispatch Service Violations not specified by Chapter 16 (§ 1607)

$500

Unlawful discrimination by black car operator (§ 1404)

Conduct preventing surcharge from being collected (§ 1404)

$500

Exclusion by a keeper or proprietor of a licensed hotel of District-license taxicab operator from picking a passenger at a taxicab stand or other location where taxicabs are regularly allowed; exclusion of DCTC licensed taxicab by proprietor, owner, or agent (§ 821)

$300

Dome Light Installation Businesses

Unlicensed business activity (§ 1501)

Failure to comply with signage requirements (§ 1512)

Overcharge (§ 1528)

$250

Black Car Violations (§ 1402)

Failure to cooperate with Commission

Failure to comply with documentation requirements

Unlawful gratuity

$100

Schedule 4

Fines for Owners and Operators

Maximum Fines Based On Circumstances

Violations of Chapter 18 by operators (wheelchair accessible paratransit taxicab service)

$250

Smoking while transporting passengers (§ 807.1)

$250

Failure to render service to a Transport DC passenger (§ 1806.18)

$250

Failure by a private sedan operator to:

Display trade dress while providing service (§ 1904.1)

Maintain proof of insurance (§ 1904.1)

Notify the Office within 3 business days where there has been an accident accompanied by the loss of human life or by serious personal injury (§ 1904.1)

Charge an unlawful fare or require an unlawful gratuity (§ 1604.4)

$250

Violations of Chapter 6 (Taxicab Parts and Equipment)

$250

Taximeter business violations (Chapter 13)

Failure to comply with signage requirements

Overcharge

Failure to keep appropriate records

$250 for first two violations; $100 for recordkeeping violations

Defective speedometer/odometer or operating without a meter (§§ 601.7 & 608)

$250

Operating with an expired inspection sticker (Chapter 6)

$150

Cruising Lights (Chapter 8)

Failure to have

Broken

Failure to use properly

$150 for failure to have

$50 for failure to use properly or broken

Improperly operating heating or A/C system (§ 601)

$125

Transport D.C. (CAPS-DC)

Any violation of Chapter 18

$100

Service Animal violations (§ 801.10)

$100

Failure to:

Display current inspection sticker or operate with valid sticker (Chapter 6)

Display face card (§ 814)

Report and deliver property left in vehicle to the Office of Taxicabs (§ 602)

Operate safe vehicle (§ 608)

Pick up or drop off at designated taxi or discharge stand (shared riding) (§§ 808.2 and 803.3)

Maintain correct/current information (§ 822.1)

Report accident to insurance carrier within specified time (§ 906)

Provide proof of insurance (§ 900.12)

$100

Improper Use of “On Call” or “Off Duty” Signs (§ 820)

$100

Asking for destination (§ 819.9)

$100

Failure to report for inspection (Chapter 8)

Failure to replace lost/mutilated sticker

Failure to display current sticker

$75

Failure to Obey Compliance Order (§ 702)

$50

Illegal Shared Ride (§ 808)

$50

Loitering/Limousine parked on hack stand (§ 821)

$50

History

SOURCE: Final Rulemaking published at 63 DCR 7668 (May 20, 2016); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 65 DCR 12624 (November 16, 2018); as amended by Final Rulemaking published at 73 DCR 008243 (June 5, 2026). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2000

31-21 OFFICE OF HEARING EXAMINERS

31 DCMR § 2100 APPLICATION AND SCOPE

2100.1 This chapter is intended to create the Office of Hearing Examiners (“OHE”) as an independent unit within the Department of For-Hire Vehicles, and to establish fair and consistent procedural rules for the hearing and adjudication of matters by OHE.

2100.2 The provisions of this chapter shall apply to all matters heard or adjudicated by OHE.

2100.3 The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act and the Impoundment Act.

2100.4 OHE shall have jurisdiction to adjudicate and conduct a hearing in a matter involving one or more of the following actions by the Department:

(a) A decision to deny a new license;

(b) A decision to deny a renewed license;

(d) A notice of proposed revocation of a license.

2100.5 Hearings shall be conducted at the administrative offices of the Department, or elsewhere in the District as designated in an administrative issuance.

2100.6 All adjudications and hearings before OHE shall comply with this chapter, other applicable provisions of this title, the Administrative Procedure Act (“APA”), and other applicable laws.

2100.7 In the event of a conflict between a provision of this chapter and a provision of another chapter of this title other than Chapter 7, the provision of this chapter shall control.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2100

31 DCMR § 2101 EFFECT OF FAILURE TO APPEAL

2101.1 If an appellant or respondent fails to timely appeal an action taken by the Department enumerated in § 2100.4, the action shall become final and not subject to appeal.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2101

31 DCMR § 2102 INDEPENDENCE AND IMPARTIALITY OF HEARING EXAMINERS

2102.1 Hearing examiners shall be employees of the Department, but no hearing examiner shall be subject to the supervision, direction, control, or influence of an official, employee, agent, or counsel of the Department, except for purposes of time and attendance.

2102.2 No official, employee, agent, or counsel of the Department shall engage in ex parte communications with an employee of OHE, or attempt to supervise, direct, control, or influence a hearing examiner in connection with the merits or facts of any matter.

2102.3 No official, employee, agent, or counsel of the Department shall assign to a hearing examiner any task or duty which is unrelated to adjudications or hearings, or which limits a hearing examiner’s availability to adjudicate matters, except for time and attendance and other administrative matters applicable to all District employees.

2102.4 Hearing examiners shall be required at all times to act in a manner that promotes public confidence in the integrity and impartiality of OHE.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2102

31 DCMR § 2103 POWERS AND DUTIES OF HEARING EXAMINERS

2103.1 All hearings shall be conducted by a hearing examiner. No other official, employee, agent, or counsel of the Department shall have authority to adjudicate contested cases before the Department.

2103.2 Hearing examiners shall conduct fair and impartial hearings, in a manner which ensures that facts are fully and accurately elicited and that all issues are adjudicated expeditiously so as to not create undue delay.

2103.3 Hearing examiners shall ensure that each hearing is conducted in an orderly manner, and shall have the authority to physically exclude from a hearing an appellant, respondent, or other individual who substantially interferes with or obstructs the orderly conduct of a hearing.

2103.4 Within thirty (30) days following the receipt of a request for a hearing pursuant to § 2106, OHE shall schedule a hearing and serve notice thereof upon the parties.

2103.5 Each hearing examiner shall have authority to:

(a) Administer oaths and affirmations;

(b) Examine witnesses and receive testimony;

(d) Regulate the course and conduct of hearings;

(e) Rule upon motions and dispose of procedural requests and similar matters;

(f) Hear and decide questions of law and fact;

(g) Exclude information which is scandalous, impertinent, or not relevant to the adjudication of the matter;

(h) Issue a subpoena to compel a witness to testify; and

(i) Limit the evidence and number of witnesses to be heard, and the nature of testimony, to avoid cumulative evidence and to expedite the proceedings.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2103

31 DCMR § 2104 RECUSAL

2104.1 A hearing examiner shall recuse himself or herself from a matter where he or she is unable to act in a fair and impartial manner. Notice of a recusal shall be provided to the senior hearing examiner.

2104.2 Grounds for recusal shall include:

(a) A conflict of interest or the appearance thereof;

(b) Bias toward a party or the appearance thereof;

(d) Any other reason for recusal supported by District law.

2104.3 A party shall file a motion to recuse a hearing examiner from participating in the adjudication not later than five (5) days after receipt of the notice of hearing.

2104.4 Each motion for recusal shall be supported by an affidavit setting forth the reasons for recusal. Failure to timely file a motion for recusal by the time required by § 2104.3 may be construed as a waiver of all grounds for recusal.

2104.5 The senior hearing examiner shall rule upon each motion for recusal.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2104

31 DCMR § 2105 EX PARTE COMMUNICATIONS

2105.1 Hearing examiners shall not engage in ex parte communications with any individual, including any official, employee, agent, or counsel of the Department.

2105.2 Where a hearing examiner has engaged in ex parte communications, the hearing examiner shall disclose such communications on the record, and shall consider whether recusal is required by § 2104.1.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2105

31 DCMR § 2106 REQUEST FOR HEARING

2106.1 An appeal shall be filed with OHE within the time prescribed by §§ 708 and 709.

2106.2 Each request for a hearing shall include:

(a) The full name of the respondent or appellant, and the full name of the appellant’s or respondent’s representative, if any, appearing on the appellant’s or respondent’s behalf pursuant to § 2108;

(b) The mailing address, email address, and telephone number of the appellant or respondent, or of the appellant’s representative, if any;

(d) A brief statement of the relief sought from OHE; and

(e) A copy of the document reflecting the Department’s decision to deny a new or renewed license, the notice of proposed suspension, or the notice of proposed revocation.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2106

31 DCMR § 2107 SUMMARY ADJUDICATION

2107.1 An appellant may request that an appeal of a decision to deny a new or renewed license be decided summarily, without a hearing.

2107.2 Each motion for summary adjudication shall be supported by evidence that identifies the facts not in dispute, with appropriate affidavits, and citations to relevant legal authority.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2107

31 DCMR § 2108 REPRESENTATIVES

2108.1 An appellant or respondent, at its own expense, may appear through an attorney or non-attorney representative.

2108.2 Each representative shall file a notice of appearance at least two (2) days prior to the first scheduled hearing at which the representative expects to appear. The notice shall include the representative’s full name, contact information, and, if applicable, the bar number and jurisdiction(s) of admission.

2108.3 A representative shall not be heard and shall not file or serve documents, other than a request for a hearing, until a notice of appearance has been filed.

2108.4 A representative may withdraw by serving and filing a notice of withdrawal upon all parties, provided that no motions are pending and no hearing has been scheduled. If a motion is pending or a hearing date has been scheduled, withdrawal shall be granted only by leave of the hearing examiner.

2108.5 An attorney acting as a representative shall be in good standing in all jurisdictions where the attorney is admitted, and shall comply with the D.C. Rules of Professional Responsibility throughout the course of the representation.

2108.6 Each representative shall exhibit professionalism and courtesy, and shall not mislead or make false statements to OHE.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2108

31 DCMR § 2109 FAILURE TO APPEAR

2109.1 Where a respondent or appellant fails to appear for a scheduled hearing, the hearing examiner may enter a default, provided however, that the Department shall be required to proffer sufficient evidence to meet its burden of proof.

2109.2 Where, following default, the Department proffers sufficient evidence to meet its burden of proof, the hearing examiner shall issue a default judgment, which shall constitute the hearing examiner’s final decision in the matter.

2109.3 A respondent or appellant may file a motion to set aside a default judgment within ten (10) days following the default judgment. If a respondent fails to file a motion to set aside a default judgment, the default judgment will become final. The hearing examiner may grant the motion for good cause shown.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2109

31 DCMR § 2110 MOTIONS

2110.1 Motions shall be filed no later than ten (10) days prior to the hearing, shall state the nature of the motion and the relief sought, and shall be supported by appropriate documentation.

2110.2 A response or opposition to a motion shall be filed not later than five (5) days prior to the hearing, and shall be supported by appropriate documentation. Replies and sur-replies shall not be filed without leave.

2110.3 Where leave is required to file a document, a motion for leave shall be filed within ten (10) days following service of the motion or order to which the document is addressed.

2110.4 Each motion other than a motion made at a hearing shall be in writing and shall be served upon all parties to the matter. The filing or pendency of a motion shall not extend any deadline.

2110.5 Motions made during a hearing may be made orally at the discretion of the hearing examiner.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2110

31 DCMR § 2111 COMPUTATION OF TIME

2111.1 An applicable time period measured in days under this chapter shall be calculated using the computation of time rules prescribed by Chapter 7, if any, and, if none, then in calculating such period:

(a) The day of the act, event, or default from which the period begins to run shall not be included;

(b) The last day of the period shall be included;

(d) When the last day is a Saturday or a Sunday, or a national or District holiday, the period shall run until the close of business of the following business day.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2111

31 DCMR § 2112 ENLARGEMENTS OF TIME

2112.1 When an act is required or allowed to be done within a specified time, a hearing examiner, upon motion demonstrating good cause, or sua sponte, may enlarge the time period.

2112.2 If a motion is made to enlarge before the expiration of the period originally prescribed, the hearing examiner may grant enlargement of time for good cause shown.

2112.3 If a motion for enlargement of time is filed after the expiration of the time period, the hearing examiner may grant the enlargement for good cause shown, provided that the failure to file the motion prior to the expiration of the time period was the result of excusable neglect.

2112.4 A motion for enlargement of time shall not apply to the time prescribed for filing an appeal.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2112

31 DCMR § 2113 CONTINUANCES OF HEARINGS

CONTINUANCES OF HEARINGS

2113.1 A hearing examiner may continue a hearing for good cause shown, including at a hearing, upon motion or sua sponte, provided the continuance does not unduly delay or disrupt the adjudication of a matter, and does not cause undue prejudice to the opposing party.

2113.2 Each motion for continuance shall comply with § 2110.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2113

31 DCMR § 2114 DISMISSALS OF MATTERS

A respondent or appellant may file a motion to dismiss at any time.

2114.2 Parties may file a joint motion to dismiss, with or without prejudice, at any time.

2114.3 If a respondent or appellant fails to comply with a hearing examiner’s order or with the requirements of this chapter, or fails to prosecute, the hearing examiner may dismiss the matter sua sponte or upon motion.

2114.4 A dismissal shall be without prejudice, unless the hearing examiner orders otherwise.

2114.5 Each motion to dismiss shall be in writing unless made orally at a hearing.

2114.6 Each motion to dismiss shall state the reasons for dismissal and include supporting documentation.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2114

31 DCMR § 2115 SUBPOENAS

2115.1 A hearing examiner shall have authority to issue a subpoena for the appearance of witnesses or the production of documents, sua sponte or upon the filing of a motion.

2115.2 Each motion for a subpoena shall identify the relevance of the documents sought or witnesses requested, and shall be filed not later than ten (10) days prior to the hearing.

2115.3 If a motion for subpoena is granted, the moving party shall serve the subpoena in the manner required by §§ 714.1(a) and (c), and shall serve a copy of the subpoena and proof of service upon the opposing party within one (1) day.

2115.4 Proof of service of a subpoena shall be filed with OHE within three (3) days following service of the subpoena, or one (1) day prior to the hearing, whichever is earlier.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2115

31 DCMR § 2116 BURDEN OF PROOF

2116.1 In all matters adjudicated by OHE, the Department shall bear the burden of proof to establish by a preponderance of the evidence an evidentiary basis for the Department’s denial or nonrenewal of a license, or for the Department’s proposed suspension or revocation of a license.

2116.2 If the Department has presented all of its evidence and the hearing examiner determines that the Department has not met its burden of proof, the hearing examiner may enter judgment against the Department without the presentation of additional evidence.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2116

31 DCMR § 2117 EVIDENCE

2117.1 Formal rules of evidence shall not apply to adjudications or hearings before OHE.

2117.2 Hearsay may be considered during a hearing, provided however, that hearsay shall not serve as the sole evidentiary basis for a suspension or revocation of a license.

2117.3 Irrelevant, immaterial, scandalous, cumulative, or unduly lengthy evidence may be excluded at the discretion of the hearing examiner.

2117.4 Each party shall have the right to present witnesses, to conduct direct examination and cross examination, and to introduce documentary evidence.

2117.5 Each party shall serve upon the opposing party and file with OHE, exhibit and witness lists, not later than five (5) business days prior to the hearing.

2117.6 A hearing examiner may require the production of evidence by either party.

2117.7 A hearing examiner may take judicial notice of generally accepted facts, but shall not take judicial notice of any facts in dispute.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2117

31 DCMR § 2118 DECISIONS

2118.1 A hearing examiner shall issue a written decision within thirty (30) days following the hearing.

2118.2 Each decision shall include:

(a) A list of the exhibits accepted in evidence and the witnesses who testified;

(b) Findings of fact based on the evidence adduced at the hearing; and

(c) Conclusions of law referencing the applicable law and identifying the findings of fact upon which the conclusions rest.

2118.3 If the Establishment Act does not require that a hearing examiner’s decision be approved by the Director, the decision shall be a final agency decision.

2118.4 If the Establishment Act requires that a hearing examiner’s decision be approved by the Director, the hearing examiner shall promptly refer the matter to the Director or his or her designee.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2118

31 DCMR § 2119 RECONSIDERATION

2119.1 A motion for reconsideration of a hearing examiner’s decision shall be filed within ten (10) days following the issuance of the decision.

2119.2 Each motion for reconsideration shall state the grounds for reconsideration and shall be limited to:

(a) Errors of law; findings of facts not supported by the evidence, or

(b) Newly discovered evidence which was not reasonably available to the party at the time of the hearing.

2119.3 The filing of a motion for reconsideration shall not stay a decision by the Department to deny a new license, but it shall stay a decision by the Department to deny a renewed license, a notice of proposed suspension, or a notice of proposed revocation.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2119

31 DCMR § 2120 APPEALS

2120.1 This section shall apply to a decision of a hearing examiner which does not require the Director’s approval under the Establishment Act.

2120.2 In accordance with Chapter 7, either party may appeal a hearing examiner’s decision to the Director or his or her designee within thirty (30) days of the issuance of the decision.

2120.3 Upon receipt of an appeal from a hearing examiner’s decision, the Director or his or her designee shall render a final decision to affirm, reverse, or modify the decision, or to remand for further proceedings.

2120.4 The filing of an appeal shall not stay a decision by the Department to deny a new license.

2120.5 The filing of an appeal shall stay a decision by the Department to deny a renewed license, a notice of proposed suspension, or a notice of proposed revocation.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2120

31 DCMR § 2121 RECORDS OF HEARINGS

2121.1 All hearings shall be recorded, and shall be available to the parties and to the public by transcript.

2121.2 The administrative record shall consist of the OHE file, exhibits, transcripts, and all other documents filed with or issued by OHE.

2121.3 A party appealing a decision of OHE shall bear the expense of producing the transcript where not already produced.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2121

31 DCMR § 2122 FINAL AGENCY DECISION

2122.1 A decision of the Director or his or her designee on a matter referred under § 2118.4 or appealed to the Director or his or her designee under § 2120 shall constitute a final agency decision.

2122.2 A decision of a hearing examiner which is not timely appealed in accordance with § 2120.2 shall constitute a final agency decision.

History

SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2122

31-99 DEFINITIONS

31 DCMR § 9900 APPLICATION AND SCOPE

9900.1 This chapter establishes definitions for terms used throughout this title.

9900.2 In the event of a conflict between a definition in this chapter and a definition in another chapter of this title, the more specific definition shall apply.

History

SOURCE: Final Rulemaking published at 61 DCR 8534 (August 15, 2014). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 9900

31 DCMR § 9901 DEFINITIONS

9901.1 For the purposes of this title, the following words and terms shall have the meanings ascribed:

“Accessible Vehicle Identification” – an operator’s license that allows its bearer to operate a wheelchair accessible vehicle and any other type or class of public vehicle-for-hire.

“Act” - the District of Columbia Taxicab Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301 et seq. (2012 Repl. & 2013 Supp.).

“Active status” – a status in which an operator or vehicle participates in providing service without a cessation of any nature or duration, or without an interruption of more than ten (10) calendar days.

“ADA” – the Americans with Disabilities Act as defined in this chapter.

“Administrative Procedure Act” (“APA”)-- The District of Columbia Administrative Procedure Act, effective October 8, 1975, (D.C. Law 1-19; D.C. Official Code §§ 2-502 et seq. (2016 Repl.)).

“Affiliated” - Common ownership.

“Americans with Disabilities Act” – the Americans with Disabilities Act of 1990 (104 Stat. 328; 42 U.S.C. §§ 12101 et seq.).

“App” - an application, as defined in this chapter.

“Application” – a piece of software designed to fulfill a particular purpose, which is downloadable by a user to a mobile device, such as a tablet or smartphone. For purposes of this title, unless otherwise stated, an app’s purpose shall be assumed to be the digital dispatch of, or the digital dispatch and digital payment of, trips by vehicles-for-hire.

“API” or “Application Programming Interface” – a set of subroutine definitions, protocols, and tools for building application software.

“Approved digital taximeter” – the taximeter app component of any approved DTS, as defined in this chapter.

“Associated” - voluntarily related through employment, contract, joint venture, ownership, agency or other legal affiliation. For the purposes of this chapter, an association not in writing shall be ineffective for compliance purposes.

“Association” - a group of taxicab owners organized for the purpose of engaging in the business of taxicab transportation for common benefits regarding operation, name, logo, or insignia. For the purposes of this title, an association not in writing shall be ineffective for compliance purposes.

“Autonomous vehicle” – a vehicle in which operation occurs without direct operator input to control the steering, acceleration, and braking, and which is capable of monitoring road conditions and performing navigation for an entire trip without human conduction.

“AVID” – an Accessible Vehicle Identification as defined in this chapter.

“Black car” – a luxury class vehicle which operates exclusively through advance reservation made by a digital dispatch service, which may not solicit or accept street hails, and for which the fare is calculated by time and distance. The term “black car” in this title is synonymous with the term “sedan” as defined in the Establishment Act.

“Black car service” - a public vehicle-for-hire service provided by a black car and operated in accordance with Chapter 14 of this title.

“Booked trip” – a trip that has been agreed to and accepted by the customer.

“CAPS-DC” - “Coordinated Alternative to Paratransit Services” as defined in this chapter.

“CAPS-DC debit card” – a payment card issued by the District to MetroAccess participants who have consented to participate in CAPS-DC.

“CAPS-DC MOU” – a memorandum of understanding between WMATA and the District, executed on June 23, 2014, and any amendments, modifications, or novations thereof, providing general terms, conditions, and requirements for WMATA’s and the District’s participation in the CAPS-DC Pilot Program.

“CAPS-DC trip” – a one-way trip to or from a participating CAPS-DC dialysis center.

“Cash payment” - a payment to the operator by the passenger inside the vehicle using cash. A cash payment is a form of in-vehicle payment.

“Cashless payment” - a payment to the operator by the passenger made inside the vehicle other than by cash, which shall include a payment by payment card and may include another form of non-cash payment that a payment service provider is approved to provide under Chapter 4 (such as near-field communication and voucher). A “digital payment” is not considered a cashless payment.

“Clean Hands Act” - The Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118; D.C. Official Code § 47-2862 (2012 Repl.)).

“CNG vehicle” - an automobile powered exclusively by compressed natural gas.

“Commission” - the District of Columbia Taxicab Commission established under § 5 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-304 (2012 Repl.).

“Commissioner” – a Commissioner of the D.C. Taxicab Commission, or his or her designated agent, except as to Chapter 9, which shall refer to a Commissioner of the Department of Insurance, Securities, and Banking, or his or her designated agent.

“Company” - a person, partnership, or corporation engaging in the business of owning and operating a fleet or fleets of taxicabs utilizing the same identifying name, logo, or insignia, as approved by the Office of Taxicabs.

“Complainant” – a member of the public who submits a complaint.

“Compliance order” – an order issued by the Office of Taxicabs or a District enforcement official to any person regulated by this title or other applicable law, requiring the person to implement a measure or undertake an action to comply with a provision of this title or other applicable law.

“Compulsory/No Fault Motor Vehicle Insurance Act” - the Compulsory/No Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2406 (2012 Repl. & 2014 Supp.)).

“Consumer Personal Information Security Breach Notification Act” – The Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237; D.C. Official Code §§ 28-3851 et seq. (2012 Repl.)).

“Consumer Service Fund” – the Public Vehicle-for-Hire Consumer Service Fund as authorized by the Establishment Act, as defined in this chapter, as amended by the Vehicle-for-Hire Act, as defined in this chapter.

“Contract reservation” - an advance booking for limousine service that includes the start time and the hourly rate.

“Co-op” – the District of Columbia Taxicab Industry Co-op, as defined in this chapter.

“Coordinated Alternative to Paratransit Services” – a pilot program to provide paratransit service, including wheelchair accessible service, to eligible patients.

“Credit card processing device” – a component of a DTS unit that allows passengers to make payments using credit cards and other methods of non-cash payment in the manner required by the Act and other applicable laws.

“Customer” – a person that requests public vehicle-for-hire service, including a passenger or any other person that requests service on behalf of another person.

“Day” – a calendar day unless otherwise stated.

“D.C.” – the District of Columbia.

“DCRA” – the Department of Consumer and Regulatory Affairs.

“DC TaxiApp” – the District of Columbia Universal Taxicab App, as defined in this chapter.

“DCTC” – the District of Columbia Taxicab Commission as defined in this section.

“DCTC operator’s license” – a license issued by the Office allowing its bearer to operate a taxicab, limousine, or black car.

“DCTC ID card” – a DCTC operator license identification card as defined in this section.

“DCTC operator license identification card”– a licensing document (a card) stating that its bearer is licensed by the Office to operate one or more classes of public vehicle-for-hire as stated on the document.

“DCTC public vehicle-for-hire license” - a vehicle license issued pursuant to D.C. Official Code § 47-2829(h) (2012 Repl.).

“Department of For-Hire Vehicles”, “Department” or “DFHV” - the Department established under § 5 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.04 (2014 Repl. & 2015 Supp.)) and which replaced the D.C. Taxicab Commission and the Office of Taxicabs with the enactment of the Transportation Reorganization Amendment Act of 2016, effective June 22, 2016 (D.C. Law 21-0124).

“DDS” – a digital dispatch service as defined in this chapter.

“Digital dispatch” – hardware and software applications and networks, including mobile phone applications, used for the provision of vehicle-for-hire services.

“Digital dispatch service” – a dispatch service that provides digital dispatch for vehicles-for-hire. The phrase “company that uses digital dispatch for public vehicle-for-hire service”, as used in the Establishment Act, as amended by the Vehicle-for-Hire Act, shall include only a digital dispatch service, and shall not include any other person regulated by this title in connection with the provision of a public vehicle-for-hire service, such as a taxicab company.

“Digital payment” - a non-cash payment processed by a digital dispatch service and not by the vehicle operator. A “cashless payment” is not considered a digital payment.

“Digital services” - digital dispatch, or both digital dispatch and digital payment, for public vehicles-for-hire.

“Digital taxicab solution” or “DTS” – a technology solution for the operation of taxicabs that consists at a minimum of a digital taximeter running on a driver console, as defined in this chapter, a passenger console, and a credit card processing device, as such terms are defined in this chapter, and any optional components that the DTS provider may choose to include.

“DISB” – the District of Columbia Department of Insurance, Securities and Banking.

“Dispatch” – a means of booking a vehicle-for-hire through advance reservation.

“Dispatch or payment solution” - any combination of technology, such as a tablet or smartphone running an app provided by a DDS, which, together, allows the DDS to provide taxicabs with digital dispatch or digital dispatch and digital payment.

“Dispatch service” – an organization, including a corporation, partnership, or sole proprietorship, operating in the District that provides telephone or digital dispatch, as defined in this chapter, for vehicles-for-hire.

“District” - the District of Columbia.

“District enforcement official” - a vehicle inspection officer or other authorized official, employee, general counsel or assistant general counsel of the Office, or any law enforcement officer authorized to enforce a provision of this title or other applicable law.

“District of Columbia Taxicab Commission” - the District of Columbia Taxicab Commission established under § 5 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-304 (2012 Repl.).

“District of Columbia Taxicab Commission (DCTC) License” – a taxicab vehicle license issued pursuant to D.C. Official Code § 47-2829(d) (2012 Repl.).

“District of Columbia Taxicab Industry Co-op” – an industry-owned cooperative association which provides service and support for the use of the District of Columbia Universal Taxicab App, as defined in this chapter, and for other lawful purposes.

“District of Columbia Universal Taxicab App” – a software application which allows passengers to book available DCTC-licensed taxicabs by digital dispatch.

“Dome light” - an instrument or device approved by the Commission which is attached to the top of a licensed taxicab to illuminate the assigned PVIN and display the vehicle’s availability for hire.

“Dome light installation business” - a business that engages, in whole or in part, in the manufacture, sale (whether of new or used equipment), installation, repair, or adjustment of dome lights for use on licensed taxicabs.

“Double seal” – a lead seal installed, in addition to a seal (as defined in this chapter) by a taximeter installation business, to ensure that the taximeter cannot be removed or replaced except as allowed by regulatory requirements.

“Driver” – an operator of a vehicle.

“Driver console” – a component of a DTS unit, as defined in this chapter, which: incorporates a digital meter and other DTS functions used by operators during taxicab rides; is safely-secured in the vehicle; and is accessible to District enforcement officials during traffic stops and compliance surveys.

“DTS unit” – an individual unit of a DTS, as defined in this chapter, that is installed in a vehicle.

“Dynamic street hail pricing” – a District-wide variable pricing structure for taxicab rides booked by street hail or telephone dispatch, which is established, maintained, and publicized by a DTS provider, as defined in this chapter.

“Ehail” – digital dispatch, as defined in this chapter. As used in this title, the terms “ehail” and “digital dispatch” are synonymous.

“EPA” – the United States Environmental Protection Agency.

“Establishment Act” - the District of Columbia Taxicab Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301 et seq. (2012 Repl. & 2014 Supp.).

“Evidence” - papers, notarized statements, photographs, and other things a party believes are helpful to a case.

“Extended vehicle” – a vehicle which is the subject of an extension under § 609.7.

“Ex parte communications” – direct or indirect communications about the merits or facts of a matter or impending matter which do not occur in the presence of all parties, and which do not include scheduling or other procedural matters unrelated to the merits or facts of a matter.

“False dispatch” – the solicitation or acceptance of a street hail by an operator not legally permitted to solicit or accept a street hail, under the pretense of digital dispatch. The acceptance by the passenger of a digitally dispatched trip originating after the operator and passenger have made visual contact, after the passenger has entered the vehicle, or where the vehicle has been cruising or loitering, shall give rise to a presumption, rebuttable by the operator, that the operator engaged in false dispatch.

“Fleet” – a group of twenty (20) or more taxicabs having the same name, logo, or insignia and having unified control by ownership or by association.

“FOIA” – the Freedom of Information Act as defined in this chapter.

“Freedom of Information Act” – The District of Columbia Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq. (2012 Repl.)).

“Gratuity” - a voluntary payment by the passenger after service is rendered, in an amount determined solely by the passenger.

“Group riding” - a group of two (2) or more passengers composed prior to the booking of a trip by dispatch or street hail and whose trip has a common point of origin and different or common destinations.

“Hack Inspector” – a vehicle inspection officer as defined in this chapter.

“Hack-up” - to outfit a vehicle as a taxicab and obtain approval from the Office for that vehicle to serve as a taxicab for the first time.

“Hearing examiner” – an attorney who hears and adjudicates cases at OHE.

“Identification card” or “Face card” – a licensing document reflecting that the bearer has been granted a DCTC operator’s license pursuant to D.C. Official Code § 47-2829(e) (2012 Repl.).

“ILVB” – An independent taxicab business, as defined in this chapter.

“Implementation date” - the date for implementation of one or more provisions of a chapter as stated in the chapter.

“Impoundment” - impoundment that occurs pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50-331 (2012 Repl.)).

“Independent luxury vehicle business” – A District-based business which appears as co-owner and co-registrant of a vehicle owned by an individual who is not domiciled in the District, for the purpose of allowing the individual to register a public vehicle-for-hire in the District pursuant to all applicable District laws and regulations.

“Independently operated taxicab” – an independent taxicab as define in this chapter.

“Independent taxicab” - a taxicab operated by an individual owner who is not part of a fleet, company, or association and who does not operate under the name, logo, or insignia of any fleet, company, or association.

“Independent taxicab business” – A District-based business which appears as co-owner and co-registrant of a taxicab vehicle owned by an individual who is not domiciled in the District, for the purpose of allowing the individual to register a public vehicle-for-hire in the District pursuant to all applicable District laws and regulations.

“Individual riding” - the transportation of a single passenger for an entire trip.

“Integration” - a commercial arrangement between a payment service provider and a digital dispatch service for the real-time sharing of electronic information between such businesses that complies with industry best practices and allows each of them to meet all obligations imposed by this chapter.

“Integration agreement” - an agreement between a payment service provider and a digital dispatch service to allocate the rights and obligations pertaining to integration under this chapter.

“Integration service fee” - a fee paid by the vehicle owner to the payment service provider for the use of the modern taximeter system when a digital payment is made.

“In-vehicle payment” - a payment made to the operator by the passenger inside the vehicle, consisting only of a cash payment or a cashless payment. A digital payment is not an in-vehicle payment.

“ITVB” – An independent taxicab business, as defined in this chapter.

“LCS service” – luxury class service as defined in this chapter.

“LCS vehicle” – luxury class service vehicle as defined in this chapter.

“Legacy dome light” – the patented and licensed dome light required for use on all taxicabs as of September 12, 2016.

“Legacy dome light regulations” – the regulations applicable to the legacy dome light, appearing in § 605.1 and in effect on September 12, 2016.

“License” - includes the whole or part of any permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission granted by the Mayor or any agency (as defined in the Administrative Procedure Act, effective October 8, 1975 (D.C. Law 1-19; D.C. Official Code § 2-502 (2012 Repl. & 2013 Supp.)).

“Licensing document”- a physical or electronic document issued to a person as evidence that such person has been issued a license pursuant to this title, such as a DCTC operator’s identification card.

“Limousine” – a luxury class vehicle which operates exclusively though advance reservation by the owner or operator, which may not solicit or accept street hails, and for which the fare is calculated by time.

“Limousine service” - a public vehicle-for-hire service provided by any LCS vehicle operated by an operator who possesses a DCTC operator’s license, where the trip is booked by advance reservation and the fare is calculated by time.

“Livery tags” - vehicle tags issued by a motor vehicle licensing agency for a public vehicle-for-hire used to provide luxury class services, including the "L" tags issued by the Department of Motor Vehicles.

“Loitering” - waiting around or in front of a hotel, theater, public building, or place of public gathering or in the vicinity of a taxicab or limousine stand that is occupied to full capacity; stopping in such locations, except to take on or discharge a passenger; or unnecessarily slow driving in front of a hotel, theater, public building, or place of public gathering or in the vicinity of a taxicab or limousine stand that is occupied to full capacity.

“Luxury class service”– limousine or black car service.

“Luxury class vehicle” – a public vehicle-for-hire that:

(a) Has a manufacturer’s rated seated capacity of fewer than 10 person;

(b) Is not a salvaged vehicle or a vehicle rented from an entity whose predominant business is that of renting motor vehicles on a time basis; and

(c) Is no more than ten (10) model years of age at entry into service and no more than twelve (12) model years of age while in service.

“Matter” - a contested case, as defined in the Administrative Procedures Act.

“MetroAccess Card” - an identification card issued by WMATA to passengers who participate in its MetroAccess program.

“Modern taximeter system” - a technology solution that combines taximeter equipment and payment service provider (“PSP”) service and support in the manner required by this title.

“Modern taximeter system unit” - the MTS equipment installed in a particular vehicle.

“MSA” – the Multi-State Area, as defined in this chapter.

“MTS” – a modern taximeter system as defined in this section.

“MTS unit” – a modern taximeter system unit as defined in this section.

“Multi-State Area” – the area comprised of the District of Columbia, the State of Maryland, and the Commonwealth of Virginia.

“New vehicle” – any vehicle owned by its manufacturer, or a dealer holding a valid franchise for the sale of such vehicle, or a bank or a finance company and which has never before been titled or registered in this or any other jurisdiction, except the kind of title issued only to dealers, provided however that:

(a) A vehicle may also be classified as a “new” vehicle when titled for the first time in the District by any person applying for a certificate of title who produces a manufacturer’s statement of origin or other evidence of ownership in the form required by the laws of the jurisdiction in which the vehicle was purchased, and which vehicle has never before been titled or registered in any jurisdiction, and

(b) The model year of the vehicle cannot be more than one (1) year earlier than the current calendar year.

“Office” - the Office of Taxicabs established pursuant to § 13 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 (2012 Repl.)).

“Office order”- an administrative issuance by the Office to a class of persons or vehicles regulated by a provision of this title or other applicable law that: adopts a form; issues a guideline or protocol applicable to persons other than employees of the Office; provides guidance concerning a provision of this title; or takes any action that the Office deems necessary for purposes of administration, enforcement, or compliance.

“Operator” - a person who operates a public vehicle-for-hire.

“Option for payment technology” and “OPT” - a payment processing service that meets the technical requirements of DFHV, including the reporting of trip data and the collection of passenger surcharges, the ability to work with one or more approved digital taximeters, with which it is integrated at its own expense, and that processes payments at a total cost at or below two and seventy-five one hundredths percent (2.75%) per swipe.

“Owner” - A person, individual, partnership, company, association, or corporation that holds legal title to a public vehicle-for-hire which is licensed by the Office or the registration of which is required in the District of Columbia to own and operate a taxicab or taxicabs. For purposes of Chapters 4 and 12 of this title the term “owner” may include a mortgagor if the mortgagor of a public-vehicle-for-hire is entitled to possession. The term may also include a lessee, a trustee, or a receiver appointed by a court, operating, controlling, managing, or renting a passenger vehicle-for-hire in the District of Columbia except as to operations licensed under D.C. Official Code § 47-2829(d) (2012 Repl.). The term does not include common carrier which have been expressly exempted from the jurisdiction of the Commission.

“Passenger console” – a component of a DTS unit, as defined in this chapter, which provides passengers with: the operator’s license number; the vehicle’s navigational path; applicable rates and charges (including if the provider uses dynamic street hail pricing: a disclosure of its current discount, if any, which shall be the same as the disclosure that appears on the DTS provider’s website); advertising; any audiovisual content required by the Department; a statement about payment and receipt options.

“Passenger surcharge” - a fee, which is currently set at fifty cents ($0.50), required to be assessed to and collected from passengers and remitted to the District for each public vehicle-for-hire trip as required by this title and which shall not exceed fifty cents ($.50).

“Payment card” - a credit or debit card, including Visa, MasterCard, American Express, and Discover.

“Payment information on file” - a payment card, direct debit, or pre-paid account that allows a person to process a payment without requiring the person authorizing the payment to present the original payment information.

“Payment service provider” - a business that offers a modern taximeter service or MTS, which, if approved by the Office, may operate such MTS pursuant to this title.

“PCI Compliant” – Adherence to set of policies and procedures developed by the PCI Security Standards Council to protect credit, debit and cash card transactions and prevent the misuse of cardholders' personal information.

“Person” - shall have the meaning ascribed to it in the District of Columbia Administrative Procedure Act, effective October 8, 1975 (D.C. Law 1-19; D.C. Official Code § 2-502 (2012 Repl. & 2013 Supp.) and shall specifically include a firm, company, institution, receiver, or trustee, and, is further defined as including, any individual, company, business, association or entity regulated by this title, any individual or entity that engages in an activity regulated by this title which requires District of Columbia Taxicab Commission licensure or authorization to operate but has not obtained such appropriate license or authorization, or any individual or entity whose District of Columbia Taxicab Commission license or authorization has lapsed, been suspended, or been revoked.

“Personal service” – in the context of the provision of taxicab service to a passenger, assistance or service requested by a passenger that requires the taxicab operator to leave the vicinity of the taxicab.

“Pre-arranged ride” - A period of time that begins when a private sedan operator accepts a requested ride through digital dispatch (an app), continues while the operator transports the passenger in the operator’s private sedan, and ends when the passenger departs from the private sedan.

“Preponderance of the evidence” - evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, sufficient evidence to convince the hearing examiner that something is more likely to have occurred than to not have occurred.

“Private sedan” – a private motor vehicle that shall:

(a) Have a manufacturer’s rated seating capacity of eight (8) or fewer, including the private vehicle-for-hire operator;

(b) Have at least four (4) doors and meet applicable federal motor vehicle safety standards for vehicles of its size, type, and propose use; and

(c) Be no more than ten (10) model years of age at entry into service and no more than twelve (12) model years of age while in service.

The term “private sedan” in this title is synonymous with the term “private vehicle-for-hire”, as defined in the Establishment Act.

“Private sedan business” – an organization, including a corporation, partnership, or sole proprietorship, operating in the District, that uses digital dispatch to connect passengers to a network of operators of private sedans, as defined in this chapter.

“Private sedan operator” – an individual who operates a personal motor vehicle to provide private sedan service, as defined in this chapter, in association with a private sedan business, as defined in this chapter.

“Private sedan service” - a class of transportation service by which a network of private sedan operators, as defined in this chapter, registered with a private sedan business, as defined in this chapter, provides vehicle-for-hire service through a digital dispatch service, as defined in this chapter.

“Proceeding” - the entire adjudication process, from the issuance of a notice of hearing through the issuance of a decision, including the disposition of any motion for reconsideration.

“Provisional DFHV luxury class service operator’s license” – a DFHV operator’s license issued to an operator of a luxury class service vehicle which, following its issuance, may be subject to additional requirements or conditions, including the completion of a background check by the Federal Bureau of Investigation, prior to full licensing consistent with the requirements of this title and other applicable laws.

“Provisional LCS operator’s license” – a provisional DFHV luxury class service operator’s license as defined in this section.

“PSP” – Payment service provider as defined in this chapter.

“Public vehicle-for-hire” – classes of for-hire transportation which exclusively use operators and vehicles licensed by the Office pursuant to D.C. Official Code § 47-2829.

“Public vehicle-for-hire identification number” - a unique number assigned by the Office to a public vehicle-for-hire.

“PVIN” – Public vehicle-for-hire identification number as defined in this chapter.

“Rate of fare” - the established fare which may be charged by a licensed taxicab other than for trips booked through digital dispatch, which fare has been promulgated by the Commission and may include, but is not limited to, surcharges and waiting times.

“Respondent” - a person against whom an enforcement action is taken a public complaint is made, or an order of investigation or order to show cause is directed.

“Revocation” – the permanent recall or annulment of a privilege or authority granted by the Office.

“rollDC” - the Metropolitan Washington Council of Government’s Wheelchair Accessible Taxicab program.

“Seal” - a device, approved by the Commission, which may be installed on a taximeter, wire, wiring mechanism, gear or other device, so that no adjustment, repair, alteration or replacement can be made without removing or mutilating the seal or seals.

“Sedan” – A black car as defined in this chapter. Sedan and black car are synonymous throughout Title 31.

“Semi-autonomous vehicle” – a vehicle which has automation of at least two primary control functions designed to work in unison to relieve the operator of control of these functions, such as adaptive cruise control with lane centering.

“Senior hearing examiner” – a hearing examiner, as defined in this chapter, who also performs administrative duties for OHE as allowed or required by OHE rules and by other applicable laws and regulations.

“Shared riding” – a group of two (2) or more passengers arranged by a starter at a location which has been designated by the Chief of the Office in an Office Issuance issued pursuant to Chapter 7 of this title, where there are common or different destinations.

“Shift” – A twelve (12) hour period of time which covers at least one (1) rush-hour.

“Smoking Restriction Act” - the District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1703(5) (2012 Repl.)).

“Special shared ride distance rate” – the taximeter distance rate for a shared ride in a vehicle with a digital taximeter which has been reprogrammed for this rate.

“Street” - a roadway designated on the Permanent System of Highways of the District of Columbia as a public thoroughfare.

“Surcharge account” - an account established and maintained with the District for the purpose of processing the passenger surcharge.

“Surcharge bond”- a bond payable to the D.C. Treasurer for the purpose of securing the payment of passenger surcharges to the District.

“Suspension” – a temporary bar of a person from the privilege or authority conferred by the Office for a period of time after which period the privilege or authority is automatically re-instated or the person must request re-instatement.

“Taxicab” – a public vehicle-for-hire which may be hired by dispatch or hailed on the street, and for which the fare complies with the provisions of § 801.

“Taxicab commission information system” - the information system operated by the Office.

“Taximeter fare”- the fare established by this title for use by taxicabs other than for trips booked by a digital dispatch service.

“Taximeter” - an instrument or device approved by the Office by which the charge to a passenger for the hire of a licensed taxicab is automatically calculated and on which such charge is plainly indicated.

“Taximeter business” - a business which engages, in whole or in part, in the manufacture, sale (whether of new or used equipment), installation, repair, adjustment, testing, sealing, or calibrating of taximeters, for use upon a licensed vehicle in the District of Columbia including any business which engages in whole or in part in the installation of taxicab dome lights.

“Taximeter business owner” - an individual, partnership or corporation licensed by the Office to own and operate a taximeter business.

“Taximeter test” - a method to determine compliance with distance and time tolerances, utilizing either a road test over a precisely measured road course or a simulated road test determining the distance traveled by use of a roller device, or by computation from rolling circumference and wheel-turn data, said test having been conducted in accordance with the National Institute of Standards and Technology Handbook No. 44.

“TCIS” – a taxicab commission information system as define in this chapter.

“Telephone dispatch” – a traditional means for dispatching a vehicle-for-hire, originating with a telephone call by the passenger. The term “telephone dispatch” in this title is synonymous with the term “dispatch” as defined in the Establishment Act, as amended by the Vehicle-for-Hire Act.

“Telephone dispatch service” - a taxicab company which provides telephone dispatch for taxicabs.

“Tour of duty” - the period of time when an operator is signed into an MTS or digital payment system.

“Trade Dress” – a logo, insignia, or emblem established by a private sedan business for display on its associated vehicles while providing service.

“Trip” - a trip provided by a public vehicle-for-hire licensed by the Office to one (1) or more passengers at the same time which either originated in the District or originated outside of the District, pursuant to a valid reciprocity agreement and for which a fare is or should have been collected.

“Trunk tote” - a tote bag maintained by the vehicle operator to carry necessities for emergencies and essential tools as described in this title.

“Vehicle-for-hire” – a public vehicle-for-hire or a private sedan, as defined in this chapter.

“Vehicle-for-Hire Act” – the Vehicle-for-Hire Innovation Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-0197).

“Vehicle-for-hire industry” – all persons directly involved in providing public vehicle-for-hire and private sedan services, including companies, associations, owners, operators, and any individual who, by virtue of employment or office, is directly involved in providing such services.

“Vehicle inspection officer” – an Office employee trained in the laws, rules, and regulations governing vehicle-for-hire service to ensure the proper provision of service and to support safety through street enforcement efforts, including traffic stops of vehicles-for-hire, pursuant to this title, the Establishment Act, and other applicable laws.

“Washington Metropolitan Area” - the area encompassed by the District; Montgomery County, Prince Georges County, and Frederick County in Maryland; Arlington County, Fairfax County, Loudon County, and Prince William County and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia.

“Washington Metropolitan Area Transit Authority” – the regional transportation agency created by interstate compact to serve the Washington Metropolitan Area.

“WAV” – A wheelchair accessible vehicle, as defined in this chapter.

“Wheelchair accessible vehicle” - a vehicle compliant with the Americans with Disabilities Act and its implementing regulations, including 49 C.F.R. Part 38.1- 38.39, which accommodates a passenger using a wheelchair or other personal mobility device who needs a ramp or lift to enter or exit the vehicle.

“Wheelchair securement system” – a system which meets the requirements of 49 C.F.R. Part 38 § 38.23(d) to safely secure a wheelchair in a wheelchair accessible vehicle.

“Wheelchair service” – service provided by a wheelchair accessible vehicle.

“Wiring harness” - a wire or collection of wires, including all connections thereto, which is connected in any manner whatsoever to a taximeter or in any way affects the operation of a taximeter.

“WMATA” - “Washington Metropolitan Area Transit Authority” as defined in this chapter.

History

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 8534 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 12507 (December 5, 2014); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 134 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 147 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 9484 (July 10, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 2247 (February 26, 2016); as amended by Final Rulemaking published at 63 DCR 3747 (March 11, 2016); as amended by Final Rulemaking published at 63 DCR 3749 (March 11, 2016); as amended by Final Rulemaking published at 63 DCR 10471 (August 12, 2016); as amended by Final Rulemaking published at 63 DCR 14131 (November 18, 2016); as amended by Final Rulemaking published at 64 DCR 2254 (February 24, 2017); as amended by Final Rulemaking published 64 DCR 7895 (August 11, 2017); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 65 DCR 7820 (July 27, 2018); as amended by Final Rulemaking published at 71 DCR 009638 (August 2, 2024). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 9901