5670637 Taxicab Commission, DC - Notice of Proposed Rulemaking- Chapter 6 - Taxicab Vehicle Retirement Rules
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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), (7), (14), (16), (17) and (19), 14, and 20j 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), (7), (14), (16), (17), and (19), 50-313 and 50-329 (2014 Repl.)), hereby gives notice of its intent to adopt amendments to Chapter 6 (Taxicab Parts and Equipment) of Title 31 (Taxicabs and Public Vehicles For Hire) of the District of Columbia Municipal Regulations (DCMR).
The proposed rulemaking would enhance the Commission’s efforts to modernize the taxicab fleet by expediting the retirement of older vehicles. The proposed rules would amend Chapter 6 to: (1) phase out the grandfathering of older vehicles under § 609.2 by requiring that all such vehicles be retired by January 1, 2017; and (2) end the acceptance of new applications for extensions of the vehicle retirement rules as of 4:30 p.m. on October 30, 2015 for vehicles otherwise required to be retired during calendar year 2016.
The Commission also hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice of proposed rulemaking in the D.C. Register. Directions for submitting comments may be found at the end of this notice.
Chapter 6, TAXICAB PARTS AND EQUIPMENT, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 609, TAXICAB VEHICLE RETIREMENT, is amended as follows:
Subsections 609.1 through 609.7 are amended to read as follows:
609 TAXICAB VEHICLE RETIREMENT
609.1 No 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.
609.2 Notwithstanding 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.
609.3 Each vehicle shall be retired by the end of the calendar year in which the vehicle reaches its maximum service life, as stated in § 609.4, or in which it reaches its maximum vehicle mileage, as stated in § 609.5, whichever is earlier. Service life shall be added to the age of the vehicle based on its model year, which shall be deemed to begin on September 1st, regardless of the vehicle manufacturer’s actual model year.
609.4 Maximum vehicle age:
Vehicle Propulsion
Wheelchair Accessible
MAXIMUM
service life (YEARS)
CNG or Fuel Cell
Yes
12
CNG or Fuel Cell
No
8
Diesel, E85, or LP
Yes
11
Diesel, E85, or LP
No
7
Hybrid Gasoline
Yes
10
Hybrid Gasoline
No
6
Standard Gasoline
Yes
8
Standard Gasoline
No
4
Key: CNG = Compressed Natural Gas
Fuel Cell = Hydrogen Fuel Cell
Diesel = Diesel or Bio-Diesel
E85 = 85% Ethanol
LP = Liquid Propane
Hybrid Gasoline = Gasoline-Electric Hybrid
609.5 Maximum vehicle mileage: forty five thousand (45,000) miles for each year which the vehicle is allowed to be in service under § 609.4.
609.6 No vehicle shall be placed into service if:
(a) It would have one (1) year or less prior to retirement under § 609.4;
(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.
609.7 The owner of a vehicle in service which is subject to retirement pursuant to §§ 609.3-609.5 during calendar year 2016 may file an application with the Office not later than 4:30 p.m. on October 30, 2015 requesting a one (1) year extension of the retirement deadline, not to exceed December 31, 2016, 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.
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.
