Section 31-1905. PRIVATE SEDAN BUISNESSES AND OPERATORS - INSURANCE REQUIREMENTS  


Latest version.
  •  

    1905.1Each 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.

     

    1905.2Each 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.

     

    1905.3The 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.

     

    1905.5A 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.

     

    1905.6If 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.

     

    1905.7In 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.

     

    1904.8The 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.

     

    1905.9Within 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. 

     

    1905.10An 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-.

     

    1905.11Each 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.

     

    1905.12Each insurance policy required by this chapter shall provide that the Office receive all notices of policy cancellations and changes in coverage. 

     

    1905.13Each private sedan business shall ensure that the Office receives all notices of policy lapses.

     

    1905.14Each 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. 

     

     

authority

Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicle for Hire Innovation Amendment Act of 2015 (“Vehicle-for-Hire Act”), effective March 10, 2015 (D.C. Law 6-97; D.C. Official Code §§ 50-307(c)(1),(2),(3), (4) (7), (10), (11), (14), (16), (18), (19) and (20), 50-313, 50-314, and 50-329 (2012 Repl. & 2015 Supp.)).

source

Final Rulemaking 63 DCR 338 (January 8, 2016).