5256738 Taxicab Commission, DC - Notice of Final Rulemaking- Amending Chapters 14 and 99 - Black Car Operation

DISTRICT OF COLUMBIA TAXICAB COMMISSION

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Taxicab Commission (“Commission”), pursuant to the authority set forth in Sections 8(c)(2), (3), (4), (5), (7), (19), 14, 20, and 20a of the District of Columbia Taxi-cab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(c)(2) (3), (4), (5), (7), (19)), 50-313, 50-319, and 50-320 (2012 Repl. & 2013 Supp.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. and 2013 Supp.); hereby gives notice of its intent to adopt as final amendments to Chapter 14 (Operations of Sedans) and Chapter 99 (Definitions) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).

 

The amendment to Chapter 14:  clarify the rules for the operation of sedans; change the name of “sedan” to “black car” to keep Title 31 consistent with the terminology used throughout the national public vehicle-for-hire industry; eliminate certain implementation dates which have passed; require black cars to be designated as “smoking” or “non-smoking”; eliminate the requirement that inventories be maintained with the Office of Taxicabs; and make other changes necessary to clarity the obligations of black car operators under this chapter.  The term “black car” as used throughout Title 31 has the same meaning for all purposes as the term “sedan” in the Act.  Provisions concerning a proposed class of public vehicle-for-hire service – “private sedan service” – have been removed from the final rulemaking.  A proposed alternative means of compliance with the documentation requirements in § 1402.4 have been removed for lack of legal sufficiency.  The amendment to Chapter 99 adds a definition of “false dispatch” for an operator’s solicitation or acceptance of an illegal street hail under the pretense of digital dispatch. 

 

The original proposed rulemaking was adopted by the Commission on April 9, 2014 and published in the D.C. Register on May 9, 2014 at 61 DCR 4749.  The proposed rulemaking for the amendment to Chapter 99 was published in the D.C. Register on May 16, 2014 at 61 DCR 5048.  The Commission held a public hearing on the proposed rules on April 30, 2014, to receive oral comments on the proposed rules.  The Commission received valuable comments at the hearing and throughout the comment period which expired on June 15, 2014.  The comments were carefully considered and necessitated a second publication.  The second proposed rulemaking was adopted by the Commission on August 6, 2014 and published in the D.C. Register on October 3, 2014 at 61 DCR 10321.  The Commission received valuable comments from the public during the second comment period which expired on November 3, 2014.  Following careful consideration of the comments, no substantial changes have been made to the second proposed rulemaking.  The rulemaking has been reorganized for clarity, references to “private sedan service” have been removed, and minor changes have been made to correct grammar and typographical errors, and to lessen the burdens established by the rules. 

 

The Commission voted to adopt this rule as final on December 10, 2014, and it will become effective upon publication in the D.C. Register.

 

Chapter 14, OPERATION OF SEDANS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is deleted.

 

A new Chapter 14, OPERATION OF BLACK CARS, is added as follows:

 

CHAPTER 14           OPERATION OF BLACK CARS

 

1400                APPLICATION AND SCOPE

 

1400.1             This chapter establishes operating requirements applicable to the businesses and individuals that provide black car service, to ensure the safety of passengers, operators, and the general public, to protect consumers, to require the collection of and payment to the District of Columbia of a passenger surcharge, and for other lawful purposes.

 

1400.2             The provisions of this chapter shall be interpreted to comply with the language and intent of the Establishment Act, as amended.

 

1400.3             Additional requirements for the owners, operators, and vehicles that participate in providing black car service are contained in Chapter 12.

 

1400.4             Additional requirements for digital dispatch services are contained in Chapter 16.  

 

1400.5             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.

 

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 a civil fine of five hundred dollars ($500) and any other penalty authorized by the Act or an applicable provision of this title.

 

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 7.  

 

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 DCTC operator’s license identification card; and     

 

                        (4)        An insurance card evidencing a valid and effective commercial insurance policy meeting the requirements of Chapter 9.

 

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 be:

           

                        (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;

 

                                    (c)        Be disclosed to the passenger in a statement of the DDS’ fare calculation                                       method;

 

                                    (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;

 

                                    (f)        Not exceed the estimated fare, if any, by more than twenty percent (20%)                                     or twenty five dollars ($25), whichever is less, unless the excess is due to                                        delays or stopovers en route at the request of the passenger, or other                                               factors beyond the operator’s control, such as traffic, accidents, or                                                  construction;

                       

                                    (g)        Not include a gratuity that does not meet the definition of a “gratuity” as                                       defined in this title; and

 

                                    (h)        Include the passenger surcharge.

 

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.

 

                        (c)        If a vehicle is designated as a “smoking” vehicle:

 

                        (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);

 

                        (c)        § 810.2 (Unauthorized signs);

 

                        (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).

 

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.

 

1404                PENALTIES

 

1404.1             Each violation of this chapter by a black car owner or operator shall subject the owner or operator to:

 

                        (a)        A civil fine established by a provision of this chapter;

 

                        (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;

                        (c)        Impoundment of the vehicle pursuant to the Impoundment Act; or

 

                        (d)       A combination of the sanctions enumerated in parts (a)-(c).

 

1404.2             Except where otherwise specified in this title, the following civil fines are established for violations of this chapter, which shall double for the second violation of the same provision, and triple for the third and subsequent violations of the same provision thereafter:

 

                        (a)        A civil fine of two hundred fifty ($250) dollars where no civil fine is enumerated;

 

                        (b)        For a violation of § 1402.3 for failure to cooperate:  a civil fine of five hundred dollars ($500);

 

                        (c)        For a violation of § 1402.4 for failure to comply with documentation requirements:  a civil fine of three hundred dollars ($300);

 

                        (d)       For a violation § 1402.6(g) by accepting an unlawful gratuity:  a civil fine equal to ten (10) times the amount of the unlawful gratuity, or three hundred dollars ($300), whichever is greater;

 

            (e)        For a violation of § 1402.10 (g) by violating § 818 (Prohibition of discrimination) or § 1402.10 (h) by violating § 819.1-819.5 (Consumer service and passenger relations):  a civil fine of seven hundred fifty dollars ($750).

 

            (f)        For a violation of § 1403.3 by soliciting or accepting a street hail:

 

                                    (1)        First offense:  a civil fine of five hundred dollars ($500); and

 

                                    (2)        Second and subsequent offenses:  a civil fine of seven hundred fifty dollars ($750);

 

            (g)        For a violation of § 1403.3 by engaging in false dispatch:

 

                                    (1)        First offense:  a civil fine of one thousand dollars ($1,000); and

 

                                    (2)        Second and subsequent offenses:  a civil fine of one thousand five hundred dollars ($1,500);

 

                        (h)        For a violation of § 1403.6 by engaging in conduct which causes a passenger surcharge to not be collected from the passenger, except where permitted by § 1403.6, or which causes a passenger surcharge to not be paid to the District:  a civil fine of five hundred dollar ($500).

 

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.

 

Chapter 99, DEFINITIONS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, is amended to read as follows:

 

Section 9901, DEFINITIONS, is amended as follows:

 

Subsection 9909.1 is amended to add the definition as follows:

 

“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.