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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 31-4. TAXICAB PAYMENT SERVICE PROVIDERS |
Section 31-408. OPERATING REQUIREMENTS APPLICABLE TO PSPS AND DDSS
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408.1Each PSP shall operate in compliance with this chapter and Chapters 6 and 8 of this title, and other applicable laws.
408.2Each 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.
408.3Each PSP shall comply with all applicable federal and District licensing, permitting, registration, anti-discrimination, and taxation requirements for a business operating in the District.
408.4Each 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.
408.5Each 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.
408.6Each 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.
408.7Each PSP shall operate only in compliance with §§ 508-513 of this title, to the same extent as if the PSP were a taxicab company.
408.8Each 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
(c) Retain its business records for at least five (5) years.
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;
(c) Timely provide full and complete trip data as directed by the Office pursuant to § 603; and
(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.
408.10Each 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.
408.11Each 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.
408.12Each 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.
408.13Each 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.
(c)Each vehicle inventory shall include, as to each vehicle:
(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.
408.15Passenger 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.
(c) Each person required to comply with this subsection shall:
(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.