Section 31-609. TAXICAB VEHICLE RETIREMENT

 

609.1No 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. 

 

609.2Notwithstanding 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.

 

609.3Maximum age:  eight (8) model years.

 

609.4Maximum mileage:  three hundred fifteen thousand (315,000) miles.

 

609.5Pursuant to §§ 609.3 and 609.4, a vehicle shall be retired not later than the earlier of the following:

 

(a) December 31st of the calendar year in which the vehicle reaches its maximum age, as provided in § 609.3; or

 

(b) When it reaches its maximum mileage, as provided in § 609.4. 

 

609.6No vehicle shall be placed into service if: 

 

(a) It would have one (1) year or less prior to retirement under § 609.5;

 

(b) It has been driven more than one hundred thousand (100,000) miles, regardless of whether it has previously been used as a public vehicle-for-hire; or

 

(c) It has been salvaged or rebuilt.

 

609.7The owner of a vehicle in service which is subject to retirement pursuant to §§ 609.3-609.5 may file an application with the Office requesting a one (1) year extension of the retirement deadline, not to exceed December 31, 2016, or such later date as may be set in an administrative issuance, subject to the following requirements:

(a) Only one (1) application may be filed concerning a specific vehicle, regardless of whether the application is granted or denied.

 

(b) The vehicle shall:

 

(1)Have passed its two (2) most recent required DMV inspections;

 

(2)Be in excellent mechanical condition, as determined by the Office, or by an independent third party inspection service approved by the Office;

 

(3)Be in excellent condition in appearance, including having no body damage on its exterior;

 

(4)Not be a salvaged vehicle; and

 

(5)Not have been driven more than three hundred thousand (300,000) miles at the time the application is filed.

 

(c) The vehicle and its owner shall be in compliance with all applicable provisions of this title, including without limitation the insurance requirements of Chapter 9 and the equipment requirements of Chapter 8; and

 

(d) The application for extension shall be filed by the owner on a form established by the Office, executed under oath, together with a filing fee of fifty dollars ($50) and accompanied by information and documentation.

 

(e) If the application is granted, the extension shall not extend the applicable service life based on age by more than one (1) year or based on mileage by more than thirty three thousand (33,000) miles. 

 

(f)The vehicle shall be painted in the uniform color scheme in accordance with the requirements of § 503.

 

609.8Notwithstanding 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.

 

609.9The Office may issue an instruction, issuance, or guidance pursuant to Chapter 7 concerning this section.

 

609.10Notwithstanding 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.

 

609.11If 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;

(c)A civil fine of one hundred dollars ($100);

(d)Any civil penalty provided by another provision of this title; or

(e)A combination of the penalties in subparagraphs (a)-(d).

 

authority

Sections 8(b)(1)(D), (G), 14, and 20a of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(b)(1)(D), (G), 50-313 and 50-320(a) (2009 Repl. & 2012 Supp.)) (“Act”); and Section 12 of An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1920, and for other purposes, approved July 11, 1919 (41 Stat. 104; D.C. Official Code § 50-371 (2009 Repl.)).

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).