5681792 Taxicab Commission, DC - Notice of Proposed Rulemaking- Chapters 4-20 - Revision of Fines and Civil Penalties for Title 31
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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (“Commission”), pursuant to the authority set forth in Sections 8(c) (2), (3), (5), (7), and (19), 14, and 20 of the District of Columbia Taxicab 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), (5), (7), and (19), 50-313, and 50-319 (2014 Repl. & 2015 Supp.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. & 2014 Supp.)), hereby gives notice of its intent to adopt amendments to Chapter 4 (Taxicab Payment Service Providers), Chapter 5 (Taxicab Companies, Associations and Fleets), Chapter 6 (Taxicab Parts and Equipment), Chapter 7 (Enforcement), Chapter 8 (Operation of Public Vehicles for Hire), Chapter 9 (Insurance Requirements), Chapter 10 (Public Vehicles for Hire), Chapter 12 (Luxury Services – Owners, Operators, and Vehicles), Chapter 14 (Operation of Black Cars), Chapter 15 (Licensing and Operation of Dome Light Installation Companies), Chapter 16 (Dispatch Services and District of Columbia Taxicab Industry Co-op), Chapter 18 (Wheelchair Accessible Paratransit Taxicab Service), and Chapter 19 (Private Vehicles-for-Hire) of Title 31 (Taxicabs and Public Vehicles For Hire) of the District of Columbia Municipal Regulations (DCMR). The Commission also gives notice of the adoption of a new Chapter 20, entitled “Fines and Civil Penalties” to Title 31 DCMR. This rulemaking amends and supersedes the Second Emergency Rulemaking effective July 10, 2015, published on August 21, 2015 at 62/35 DCR 11313, conforming Title 31 to the Vehicle for Hire Innovation Amendment Act 2014.
This proposed rulemaking relocates all references to civil fines and penalties to a newly-created Chapter 20, and establishes a new schedule of fines. Violations of Title 31 that do not have corresponding, enumerated fines will be subject to a fine of twenty five dollars ($25) for an operator and one hundred dollars ($100) for an entity or owner. All other fines will be either a Schedule 1, 2, 3, or 4 violation. This rulemaking is necessary to streamline and categorize fines into one single, easily-referenced chapter of Title 31.
The Commission also hereby gives notice of its intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice in the D.C. Register. Directions for submitting comments may be found at the end of this notice.
Chapter 4, Taxicab Payment Service Providers, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 408, OPERATING REQUIREMENTS APPLICABLE TO PSPS AND DDSS, is amended as follows:
Subsection 408.16, subparagraph (b), is amended to read as follows:
408.16 (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.
Section 411, PENALTIES, is amended as follows:
Subsection 411.1 is amended to read as follows:
411.1 A PSP or DDS that violates this chapter or an applicable provision of another chapter of this title is subject to:
(a) Suspension, revocation, or non-renewal of the Office's approval of its MTS (if a PSP) or modification, suspension, revocation, or non-renewal of its registration under Chapter 16 (if a DDS);
(b) Civil fines as set forth in Chapter 20; or
(c) Any combination of the sanctions listed in (a) through (b) of this
subsection.
Chapter 5, Taxicab COMPANIES, ASSOCIATIONS AND FLEETS, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 509, PROMPT PAYMENT TO TAXICAB OPERATORS, is amended as follows:
Subsection 509.2 is amended to read as follows:
509.2 A taxicab company shall be subject to civil fines for violations of this section as set forth in Chapter 20.
Section 518, PENALTY, is amended as follows:
Subsection 518.1 is amended to read as follows:
518.1 A violation of this chapter shall be subject to:
(a) The civil fines as set forth in Chapter 20 of this title;
(b) Impoundment of the vehicle pursuant to the provisions of the Impoundment Act as defined in Chapter 99;
(c) License suspension, revocation, or non-renewal; or
(d) Any combination of the sanctions, fines, or enforcement action under this title.
Chapter 6, TAXICAB PARTS AND EQUIPMENT, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 611, PENALTIES, is amended to read as follows:
611 PENALTIES
611.1 Each violation of this chapter by a taxicab company, independent owner, or taxicab operator shall subject the violator to:
(a) The civil fines and penalties set forth in Chapter 20;
(b) Impoundment of a vehicle operating in violation of this chapter;
(c) Confiscation of an MTS unit or unapproved equipment used for taxi metering in violation of this chapter;
(d) Suspension, revocation, or non-renewal of such person’s license or operating authority; or
(e) Any combination of the sanctions listed in (a)-(d) of this subsection.
611.2 A PSP that violates a provision of this chapter shall be subject to the penalties set forth in Chapter 20.
Chapter 7, ENFORCEMENT, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 702, COMPLIANCE ORDERS, is amended to read as follows:
702 COMPLIANCE ORDERS
702.1 An authorized employee or official of the Office or a District enforcement official may issue a written or oral compliance order to any person licensed or regulated by this title or other applicable law. Oral compliance orders may be issued during traffic stops, as provided in § 702.7.
702.2 A compliance order may require the respondent to take any lawful action related to enforcement, compliance, or verification of compliance, with this title or other applicable law, to the extent authorized or required by this title and the Establishment Act or other applicable law, through an order to:
(a) Appear at the Office for a meeting or other purpose provided that the order clearly states that the appearance is mandatory;
(b) Make a payment to the District for an amount such person owes under a provision of this title or other applicable law;
(c) Allow an administrative inspection of a place of business;
(d) Surrender, or produce for inspection and copying, a document or item related to compliance with this title or other applicable law, such as an original licensing or insurance document, at:
(1) The location where document or item is maintained in the ordinary course of business;
(2) The Office; or
(3) Another appropriate location as determined by the Office or a District enforcement official in their sole discretion;
(e) Submit a vehicle or equipment in the vehicle for testing or inspection in connection with a traffic stop;
(f) Provide information to locate or identify a person, where there is reasonable suspicion of a violation of this title or other applicable law; or
(g) Take any lawful action to assist with or accomplish the enforcement of a provision of this title or other applicable law.
702.3 Each compliance order shall include the following information:
(a) The action the respondent must take to comply;
(b) Except for oral compliance orders, the deadline for compliance; and
(c) If the compliance order is in writing:
(1) A statement of the circumstances giving rise to the order;
(2) A citation to the relevant chapter of this title or other applicable law; and
(3) If the order requires a person to provide information to assist the Office or a District enforcement official in an enforcement action against a person with whom the respondent is believed to be or has been associated: the name of and contact information for such person to the extent available.
702.4 Where a compliance order is issued to a private sedan business to allow the Office to inspect and copy records under § 702.2 (d), the following limitations shall apply:
(a) The Office’s inspection shall be limited to safety and consumer protection-related records to ensure compliance with the applicable provisions of Chapter 19, where the Office has a reasonable basis to suspect noncompliance; and
(b) Any records disclosed to the Office shall not be released by the Office to a third party, including through a FOIA request.
702.5 OAH may draw an adverse inference where any person who is required by this title or other applicable law to maintain documents or information fails to maintain such documents or information as required.
702.6 A written compliance order shall be served in the manner prescribed by § 712.
702.7 The civil penalties for failure to comply with a compliance order are set forth in Chapter 20 of this title.
702.8 Each traffic stop shall comply with the following requirements:
(a) It shall comply with all applicable provisions of this title and other applicable laws.
(b) No vehicle shall be stopped while transporting a passenger without reasonable suspicion of a violation of this title or other applicable laws.
(c) An oral compliance order may be issued in connection with a traffic stop for the purpose of:
(1) Determining compliance with this title and other applicable laws;
(2) Securing the presence and availability of the operator, the vehicle, and any other evidence at the scene;
(3) Preventing hindrance, disruption, or delay of the traffic stop;
(4) Ensuring the orderly and timely completion of the traffic stop;
(5) Requiring full and complete cooperation by the operator;
(6) Requiring the operator to provide access to a device for the purpose of demonstrating compliance with this title and other applicable law;
(7) Making inquiries regarding the operator and/or vehicle to government agencies for law enforcement and related regulatory purposes; and
(8) Protecting the safety of the vehicle inspection officer, the operator, or any other individual.
(d) Notwithstanding the requirements of § 702.8 (c), a vehicle inspection officer shall not take possession of a device which may contain evidence relevant to the enforcement of this title or other applicable law, unless:
(1) The device is or appears to be a component of a taxicab’s modern taximeter system (MTS);
(2) The operator denies ownership, possession, or custody of the device;
(3) The operator abandons the device or attempts to transfer its possession with intent to prevent access to the device for purposes of enforcement; or
(4) The operator is determined to be an unlawful operator in violation of D.C. Official Code § 47-2829.
(e) The term “possession” as used in paragraph (d) of this section shall not include handling, operation, or examination of a device for purposes of enforcement of this title or other applicable law.
(f) A private sedan operator’s lack of registration with a private sedan business registered under Chapter 19 may be considered evidence of a violation of D.C. Official Code § 47-2829.
Section 714, SERVICE AND FILING, is amended as follows:
Subsection 714.3 is amended to read as follows:
714.3 An individual licensed by the Commission who defaces, alters, or removes a document posted without the approval of the Office shall be subject to a fine as specified in Chapter 20.
Subsection 714.4, is amended to read as follows:
714.4 An entity licensed by the Commission that allows or induces an individual to deface, alter, or remove a document posted pursuant to § 712.1(b), without the approval of the Office, shall be subject to a civil fine as set forth in Chapter 20.
Chapter 8, Operation of Public Vehicles for Hire, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 800, APPLICATION AND SCOPE, is amended as follows:
Subsection 800.7 is amended to read as follows:
800.7 An owner or operator that violates this subsection shall be subject to a civil fine as
set forth in Chapter 20.
Section 802, Taxicab Operator Surcharge Accounts, is amended as follows:
Subsection 802.12, is amended to read as follows:
802.12 An operator who fails to open an account as required by § 802.1, fails to maintain the minimum account balance as required by § 802.4, willfully fails to pay a passenger surcharge owed to the District through an account under Section 802, or violates any other provision of this section shall be subject to fines as set forth in Chapter 20.
Section 808, GROUP RIDING AND SHARED RIDING, is amended to read as follows:
808.1 Group riding for pre-formed groups, as defined in § 899, is permitted at all times. No operator shall refuse to transport a pre-formed group at any time. Fares for group riding shall be calculated in accordance with § 801.8.
808.2 Shared riding, as defined in § 9901.1 is authorized under this chapter only at a shared riding location designated by the Chief of the Office in an administrative issuance issued pursuant to Chapter 7. An operator shall not pick up a passenger at a designated shared riding location except at the designated taxi stand nor discharge a passenger except at the designated discharge stand. Violations of this subsection are subject to a civil fine as set forth in Chapter 20.
808.3 Where shared riding is authorized in this chapter for Nationals Park, an operator shall not pick up a passenger except at the designated taxi stand nor discharge a passenger except at the designated discharge stand. Nationals Park shall conspicuously post the designated taxi stand and discharge stands. Violations of this subsection are subject to a civil fine as set forth in Chapter 20.
Section 817, THREATENING, HARASSING, OR ABUSIVE CONDUCT PROHIBITED, is amended as follows:
Subsection 817.6, subparagraph (a), is amended to read as follows:
(a) The civil fine as set forth in Chapter 20;
Section 821, TAXICAB STANDS, is amended as follows:
Subsection 821.6 is amended to read as follows:
821.6 No keeper or proprietor of a licensed hotel in the District of Columbia, or a person employed by or acting on his or her behalf, shall exclude a District-licensed taxicab operator from picking up passengers at a taxicab stand or other location where taxicabs are regularly allowed to pick up passengers on the hotel premises.
Section 822, Operation of Public Vehicles for Hire, is amended as follows:
Subsection 822.2 is amended to read as follows:
822.2 Face cards.
(a) No person shall counterfeit, make, duplicate, obtain, purchase, possess, display, or present a counterfeit, false, or altered official government issued operator identification (Face) card; a counterfeit, false, or altered official government issued public vehicle for hire identification (DCTC) card; or a temporary license issued pursuant to § 822.1. Penalties for a violation of this provision may include license suspension, revocation, or non-renewal, a fine as provided in Chapter 20, or both.
(b) An operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued public vehicle for hire identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.
Subsection 822.9 is amended to read as follows:
822.9 Duty to update DCTC with current information.
(a) Every person holding an identification card shall maintain at the Office of Taxicabs their correct name, residence address and telephone number, and if affiliated with a company or association, the association, company, organization or owner for which they drive. In the event of any change in this information, the licensee shall inform the Office of the change within five (5) business days. The licensee may elect to provide this information by certified mail with return receipt requested or by hand delivery to the Office.
(b) If the licensee delivers the information by hand delivery, the Office shall provide proof of filing to the licensee.
Section 823, MANIFEST RECORD, is amended as follows:
Subsection 823.1 is amended to read as follows:
823.1
(a) An operator of a public vehicle-for-hire shall maintain a daily log record (manifest) of all trips made by the vehicle while under his or her control. A manifest may be in the format as provided for in Appendix 8-3 if in paper form, or electronic as part of a digital payment solution for taxicab dispatch and payment, or a digital payment solution for sedans.
(b) An electronic manifest shall contain, at a minimum, all the information required by § 823.2, all information required for each receipt by § 803, and all information required by Chapter 16.
(c) An electronic manifest for a taxicab must be capable of providing a printed record immediately upon demand by a District enforcement official.
Subsection 823.2 is amended to read as follows:
823.2 The manifest should contain, but not be limited to, the following:
(a) The date, operator's identification card number, taxicab company, vehicle number, and license plate number;
(b) The interstate mileage at the beginning and ending of an interstate trip;
(c) The time and place of origin and time and place of destination of each trip;
(d) The number of passengers and fare charged for each trip; and
(e) The time and interstate mileage at the end of the workday.
Section 824, SANCTIONS AND PENALTIES, is amended as follows:
Subsection 824.1 is amended to read as follows:
824.1 A person that violates a Commission rule may, upon determination of liability, be subject to civil fines pursuant to Chapter 20 of this title or other sanctions pursuant to the Establishment Act as defined in Chapter 99 of this title and other applicable District of Columbia laws and regulations.
Subsection 824.5, subparagraph (a), is amended to read as follows:
(a) The civil fines as set forth in Chapter 20 of this title;
Section 825, TABLE OF CIVIL FINES AND PENALTIES, is DELETED and RESERVED.
Chapter 9, Insurance Requirements, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 907, PENALTY, is amended as follows:
Subsection 907.1, subparagraph (a), is amended to read as follows:
(a) The fines as set forth in Chapter 20;
Chapter 10, Public Vehicles for Hire, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1017, PENALTY, is amended as follows:
Subsection 1017.1 is amended to read as follows:
1017.1 A violation of this chapter shall be subject to:
(a) The fine or penalty set forth in Chapter 20 of this title;
(b) Impoundment of the vehicle pursuant to the provisions of the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50 -331)(2009 Repl. & 2011 Supp.));
(b) License suspension, revocation, or non-renewal; or
(c) Any combination of the sanctions listed in this subsection.
Chapter 12, Luxury Services – Owners, Operators, and Vehicles, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1201, GENERAL REQUIREMENTS, is amended as follows:
Subsection 1201.6 is amended to read as follows:
1201.6 The penalty for a violation of § 1201.4(i) by an operator providing LCS shall be a civil fine as set forth in Chapter 20.
Section 1202, LICENSING OF VEHICLE OWNERS, is amended as follows:
Subsection 1202.9 is amended to read as follows:
1202.9 Any LCS organization that fails to timely file information as required in § 1202.2 shall be subject to a civil fine as set forth in Chapter 20.
Subsection 1202.10 is amended to read as follows:
1202.10 Each vehicle owner that fails to timely renew its license under this section shall be subject to a civil fine as set forth in Chapter 20.
Section 1218, PENALTIES, is amended as follows:
Subsection 1218.1, subparagraph (a), is amended to read as follows:
1218.1 Each violation of this chapter by an operator shall subject the violator to:
(a) Fines as provided by Chapter 20 of this title;
Subsection 1218.2, subparagraph (a), is amended to read as follows:
1218.2 Each violation of this chapter by an LCS organization shall subject the violator to:
(a) Fines as provided by Chapter 20 of this title;
Chapter 13, Licensing and Operations of Taxi Meter Companies, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1331, TAXIMETER BUSINESS -- FINES FOR VIOLATIONS, is DELETED.
Chapter 14, OPERATION OF BLACK CARS, and Vehicles, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1401, GENERAL PROVISIONS, is amended as follows:
Subsection 1401.2 is amended to read as follows:
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 civil fines as provided under Chapter 20 of this title and any other penalty authorized by the Act or an applicable provision of this title.
Section 1402, OPERATING REQUIREMENTS, is amended is follows:
Subsection 1402.3 is amended to read as follows:
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 20.
Section 1404, PENALTIES, is amended as follows:
Subsection 1404.1, subparagraph (a), is amended to read as follows:
1404.1 Each violation of this chapter by a black car owner or operator shall subject the owner or operator to:
(a) Civil fines as provided under Chapter 20 of this title;
Subsection 1404.2 is DELETED.
Chapter 16, Dispatch Services and District of Columbia Taxicab Industry Co-op, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1608, PENALTIES, is amended as follows:
Subsection 1608.1, subparagraph (a), is amended to read as follows:
1608.1 A dispatch service that violates this chapter shall be subject to:
(a) Civil fines as provided by Chapter 20 of this title;
Subsection 1608.2 is DELETED.
Chapter 18, Wheelchair Accessible Paratransit Taxicab Service, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1808, PENALTIES, is amended to read as follows:
1808.1 Each violation of this chapter by a company or operator shall subject the company or operator to a civil fine and/or other penalty as provided under Chapter 20, provided however, that any pattern of noncompliance with the provisions of this chapter by a company shall also subject the company to the suspension, revocation, and/or non-renewal of its CAPS-DC approval.
1808.2 The enforcement of any provision of this chapter shall be governed by the applicable procedures of Chapters 7 and 20.
Chapter 19, PRIVATE VEHICLES FOR HIRE, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1907, PENALTIES, is created and reads as follows:
1907 PENALTIES
1907.1 Each violation of this chapter by a private sedan operator shall subject the operator to:
(a) A civil fine established by Chapter 20 of this title;
(b) Impoundment pursuant to the Impoundment Act, where a vehicle is operated without a document required by § 1904.1 (e);
(c) Enforcement action other than a civil fine, as provided in Chapter 7; or
(d) A combination of the sanctions enumerated in parts (a) through (c).
1907.2 Each violation of this chapter by a private sedan business shall subject the business to:
(a) A civil fine established by Chapter 20 of this title;
(b) Enforcement action other than a civil fine, as provided in Chapter 7; or
(c) A combination of the sanctions enumerated in parts (a) and (b).
1907.3 The civil fines for violations of this chapter by a private sedan business or private sedan operator are set forth in Chapter 20 of this title.
1907.4 An operator charged with a violation of § 1906.7 for false dispatch may be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, in the discretion of the trier of fact based on the evidence presented, but shall not be held liable for both violations.
1907.5 In addition to any other penalty or action authorized by a provision of this title, the Office may report violations to another government agency for appropriate action which may include the denial, revocation or suspension of any license that may be issued by the other agency.
Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended by adding a new Chapter 20, FINES AND CIVIL PENALTIES, to read as follows:
2000 FINES AND CIVIL PENALTIES
2000.1 The following table of fines shall apply to violations of Title 31. For violations of
any provision of Title 31 for which a fine is not specified, the fine shall be $25 for operators and $100 for entities.
2000.2 All fines listed in § 2000.4 shall be doubled for the second violation within a twenty-four (24) month period and tripled for the third violation within a twenty-four (24) month period. The fine amounts listed in § 2000.4 are maximum amounts.
2000.3 A warning may be issued in lieu of fines for any first violation.
2000.4 Schedules of Fines (4) are as follows:
Schedule 1
Fines For Entities And Owners
Maximum Fines Based On Circumstances
Digital Dispatch Services (Chapter 16)
- Failure by a private sedan (“PS”) business to transmit the required one percent (1%) of gross receipts to OCFO (§ 1604.7)
- Failure to provide required certification (§ 1608.2 (c))
$25,000
Taximeter Service Violations
- Fraud by taximeter business (§ 1313)
- Bribery of Commission by taximeter business (§ 1317.1)
- Acceptance of Bribe (§ 1317.3)
$25,000
Private Sedan Business (Chapter 19)
Failure by a PS business to maintain adequate insurance coverage (§ 1905)
$25,000
Taximeter Service Violations
- Failure to report to Commission acceptance of unauthorized gratuity or bribe (§ 1317.2)
$10,000
- Allowing the registration of an operator where the private sedan business knew or should have known the operator was ineligible for registration (§ 1903.16)
- Failure to conduct background check (§ 1903.16)
$7,500
- Failure by taximeter business to notify Commission of change in ownership (§ 1307.1)
$5,000
Failure of a PS business to:
- Maintain a required zero tolerance policy (§§ 1903.9, 1903.11)
- Investigate an alleged violation of these rules by a passenger (§ 1903.10)
- Suspend an operator when required to do so under applicable law or
regulation (§ 1903.10)
- Maintain adequate business records (§ 1903.15)
- Maintain a current and accurate registration of operators and vehicles associated with the business (§ 1903.15)
- Prevent a private sedan operator from logging into the app of the private sedan business’s associate or affiliated digital dispatch service while the operator is suspended or after s/he has been terminated. (§ 1906.4)
- Notify the Office upon suspension or termination of an operator (§ 1903.20)
- Providing service while under the influence of intoxicants (§ 1906.5)
- Maintain 24/7/365 communication for enforcement and compliance purposes (§ 1903.21)
- Conduct an appropriate motor vehicle safety inspection or failure to verify that such an inspection has been completed (§ 1903.4)
$3,000
Schedule 2
Fines For Entities And Owners
Maximum Fines Based On Circumstances
Fraudulent Actions
Company allowing or inducing an individual to deface, alter, or remove a document posted pursuant to (§ 714.3)
$2,500
Payment Service Providers (Chapter 4)
Failure to do any of the following:
- Submit electronic trip data to the TCIS every twenty-four (24) hours;
- Verify operator credentials through a required login process;
- Submit updated vehicle and operator inventories to the TCIS every twenty-four (24) hours;
- Pay each taxicab company or independent owner with which it is associated the portion of such PSP's revenue to which the 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;
- Ensure that the passenger surcharge is collected and paid to the District for each trip;
- Maintain integration
$1,000
Taximeter Business Violations:
- Unauthorized work (§ 1322)
$5,000
Taximeter Business Violations:
- Failure to notify Commission of conviction or license suspension/revocation (§§ 1315, 1316)
- Failure to notify Commission of occurrences specified in §§ 1322, 1324
- Defective certification/inspection/repair work (§§ 1322, 1324)
- Inspection without certification or inspection (§ 1324)
$1,000
Digital Dispatch Services (Chapter 16)
- Failure to ensure private sedan operator who is suspended or terminated is unable to log into app (§ 1608.2)
- Failure to provide required certification (§ 1608.2)
$2,500 per day
Any violation of Chapter 16 not specifically enumerated
$1,000
False Dispatch (§ 1404.2)
$500
Unauthorized or unlicensed provision of L-class service (Chapter 12)
$500
Violations not otherwise specified by LCS Organizations (Chapter 12)
$500
Schedule 3
Fines For Entities, Owners, & Operators
Maximum Fines Based On Circumstances
Fraudulent actions
- Falsifying or tampering with manifest (§ 823)
- Displaying, possessing, or presenting a fraudulent copy or altered
government
issued operator identification (Face) card or vehicle inspection (DCTC)
card (§ 814.7)
- Tampering with meter or meter seals (§ 1323)
- Knowingly operating with non-functioning meter or operating with
- Improperly sealed meter (§ 1321)
$500
License, Registration and Insurance
- Unlicensed District resident or non-resident operator (§ 828)
- Operating without a valid Face card or permitting operation without possession of a valid Face card (§ 814)
- Logging into a private vehicle for hire app if known that the app is not lawfully in operation (§ 1906.4)
- Operating without insurance (§ 1905)
- Fail to timely renew license (LCS vehicle owner) (§ 1202.9)
- Providing black car service without license (§1401.2)
$500
Operating without a special event vehicle for hire permit (§ 1016)
$500
Taximeter Business Violations (Chapter 13)
- Installation, adjustment, correction, calibration, or repair of taximeter outside of premises of licensed taximeter business
- Change in fee schedule without notification
- Failure to pay bi-annual license fee
- Unlicensed business activity
- Failure to cooperate with Commission
- Work by non-certified technician
$500
Failure to comply with compliance order (§ 702)
$500
Violations of Chapter 18 by entities or owners (wheelchair accessible paratransit taxicab service)
$500
Failure to timely renew vehicle license (§ 501)
$500
Failure to report an accident to insurance company within a timely manner or to the Office of Taxicabs within 3 business days (§ 906)
$500
- Use, threaten, attempted physical force (§ 817.1 and § 1906.2)
- Threatening, harassing, or engaging in abusive conduct toward a District enforcement official (§ 817)
- Refusal to haul (§ 819.4)
- Private vehicle for hire operator using taxicab stand (§ 1906.6)
- Accepting a street hail (§ 1906.7)
$500
Operating with off size wheels or tires (Chapter 6)
$500
Operating without meter or with nonfunctional meter (§ 602)
$500
Transport DC/CAPS DC violations by companies not otherwise specified (§ 1808.2)
$500
Failure to decommission public vehicle for hire when operating under exclusive time contract (§ 800)
$500
Digital Dispatch Service Violations not specified by chapter 16 (§ 1607)
$500
- Unlawful discrimination by black car operator (§ 1404)
- Conduct preventing surcharge from being collected (§ 1404)
$500
No keeper or proprietor of a licensed hotel shall exclude a District-license taxicab operator from picking a passenger at a taxicab stand or other location where taxicabs or regular allowed; Exclusion of DCTC licensed taxicab by proprietor, owner, or agent (§ 821)
$300
Black Car Violations (§ 1402)
- Failure to cooperate with Commission
- Failure to comply with documentation requirements
- Unlawful gratuity
$100
Schedule 4 Fines
Owners & Operators
Maximum Fines Based On Circumstances
Warnings apply to first violation; for subsequent violations, a suspension for two (2) days applies when fine is ≤ $250, or a suspension for a week applies when fine ≥ $250
Violations of Chapter 18 by operators (wheelchair accessible paratransit taxicab service)
$250
Smoking while transporting passengers (§ 807.1)
$250
Failure to render service to a CAPS-DC/ Transport DC Customer passenger (§ 1806.18)
$250
Failure by a private sedan operator to:
- Display trade address while providing service (§ 610.1)
- Maintain proof of insurance (§ 1904.1)
- Notify the Office within 3 business days where there has been an accident accompanied by the loss of human life or by serious personal injury (§ 1904.1)
- Charge an unlawful fare or require an unlawful gratuity (§ 1604.4)
$250
Violations of Chapter 6 (Taxicab Parts and Equipment)
$250
Taximeter business violations (Chapter 13)
- Failure to comply with signage requirements
- Overcharge
- Failure to keep appropriate records
$250 for first two violations; $100 for recordkeeping violations
Defective speedometer/odometer or operating without a meter (§§ 601.7 & 608)
$250
Failure to charge proper fare (§ 602)
$150
Improperly operating heating or A/C system (§ 601)
$125
Transport D.C.
Any violation of Chapter 16
$100
Operator Conduct
Service Animal violations (§ 801.10)
$100
Failure to:
- Display current inspection sticker or operate with valid sticker (Chapter 6)
- Display face card (§ 814)
- Report and deliver property left in vehicle to the Office of Taxicabs (§ 602)
- Operate safe vehicle (§ 608)
- Pick up or drop off at designated taxi or discharge stand (shared riding) (§§ 808.2 and 803.3)
- Maintain correct/current information (§ 822.1)
- Report accident to insurance carrier within specified time (§ 906)
- Provide proof of insurance (§ 900.12)
$100
Improper Use of “On Call” or “Off Duty” Signs (§ 820)
$100
Asking destination (§ 819.9)
$100
Operating with an expired inspection sticker (Chapter 6)
$150
Cruising Lights (Chapter 8)
· Failure to have
· Broken
· Failure to use properly
$150 for failure to have
$50 for failure to use properly or broken
- Failure to report for inspection (Chapter 8)
- Failure to replace lost/mutilated sticker
- Failure to display current sticker
$75
Failure to Obey Compliance Order (§ 702)
$50
Illegal Shared Ride (§ 808)
$50
Loitering/Limousine parked on hack stand (§ 821)
$50
Manifest violations (§ 823) - failure to
· Have in approved form & possession;
· Properly complete and maintain;
· Provide to hack inspector
$0
Copies of this proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting the Secretary to the Commission, District of Columbia Taxicab Commission, 2235 Shannon Place, S.E., Suite 3001, Washington, D.C. 20020. All persons desiring to file comments on the proposed rulemaking action should submit written comments via e-mail to dctc@dc.gov or by mail to the DC Taxicab Commission, 2235 Shannon Place, S.E., Suite 3001, Washington, DC 20020, Attn: Secretary to the Commission, no later than thirty (30) days after the publication of this notice in the D.C. Register.