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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 31. TAXICABS AND PUBLIC VEHICLES FOR HIRE |
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Chapter 31-10. PUBLIC VEHICLES FOR HIRE |
Section 31-1010. ISSUANCE OF DFHV VEHICLE LICENSES
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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.
1010.2Nothing 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.
1010.3Each 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.
1010.4A 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).
1010.5The 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.
1010.6An 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.
1010.7An 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.
1010.8A 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;
(c) By a person to whom the license has been transferred with approval of the Office pursuant to § 1010.9:
(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.
1010.9Each 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.
1010.10If the Office determines that a vehicle need not be registered in the District, the applicant shall meet the requirements of § 1010.13.
1010.11Each 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.
1010.12Each 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.
1010.13Each 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.
1010.14Each 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.
1010.15DMV, 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.
1010.16The 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.
1010.17A 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).
1010.21The 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.