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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF SECOND EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in sections 8(b)(1) (C), (D), (E), (F), (G), (I), (J), 14, and 20 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) (C), (D), (E), (F), (G), (I), (J) and 50-319 (2009 Repl.), and D.C. Official Code § 50-313 (2009 Repl.; 2012 Supp.); D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Supp.)); section 12 of the 1919 District of Columbia Taxicab Act, approved July 11, 1919 (41 Stat. 104; D.C. Official Code § 50-371 (2009 Repl.)), and Section 3 of the Taxicab Improvement Emergency Act of 2012, effective July 24, 2012 (D.C. Act 19-403; 59 DCR 9116) hereby gives notice of emergency and proposed rulemaking action taken on October 2, 2012, to amend 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 amendments will: (1) implement the Taxi Smart Meter System; (2) establish a new dome light mandate; and (3) update penalties and fines.
This emergency rulemaking action is necessary to protect the public safety and welfare of the residents of and visitors to the District of Columbia. Specifically, the past 3-5 years have seen an exponential increase in consumer complaints about the quality and safety of District taxicab vehicles and operators. The implementation of a new Taxi Smart Meter System and Dome Lighting System, and the features associated with their installation and operation in public vehicles for hire will bring about a heightened level of visibility, data collection, and safety alert mechanisms that should quickly and significantly improve public safety and accountability in public transportation in the District.
The Commission is re-promulgating this rulemaking in order to incorporate a number of substantive changes resulting from comments received at a public hearing on the proposed rulemaking held on August 22, 2012. This rulemaking supersedes a previously adopted emergency and proposed rulemaking which took effect on July 25, 2012 and was published in the D.C. Register on July 27, 2012, at 59 DCR 8851. This emergency rulemaking was adopted on October 2, 2012, took effect immediately, and will remain in effect for up to one hundred twenty (120) days after the date of adoption, expiring on January 30, 2013 or upon earlier amendment or repeal by the Commission or publication of final rulemaking in the D.C. Register, whichever occurs first.
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 in the D.C. Register.
Chapter 6, TAXICAB PARTS AND EQUIPMENT, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is amended as follows:
Section 600, APPLICATION AND SCOPE, is amended as follows:
Subsection 600.3 is amended to read as follows:
600.3 Each motor vehicle licensed as a public vehicle for hire in the District shall comply with the regulations governing the equipment requirements, inspection of passenger vehicles for hire and standards established by the Commission.
Section 601, PARTS AND EQUIPMENT, is amended as follows:
Subsections 601.9 through 601.12 are repealed:
A new Section 604, TAXI SMART METER SYSTEM, is added to read as follows:
604.1 Effective _____________, 2013, all licensed taxicabs in the District of Columbia shall be equipped with a Commission approved Taxi Smart Meter System (TSMS) that meets all of the specifications listed below:
(1) Driver Information Module (DIM):
(A) 7” DIM:
(i) Configured to DCTC specifications;
(ii) Screen: 7” high resolution color touch screen;
(iii) Maximum power draw of 6W from Power Control Module;
(iv) Integrated with DCTC’s Back Office Management Information System (BOMIS); and
(v) Interface with the Dome Light
(B) Mounting Brackets:
(i) DIM equipment is made to accommodate all vehicle types by providing various customized mounting brackets; and
(ii) Mounting brackets are installed on the dashboard based on the dashboard type. A universal mounting bracket can also be integrated to fit with any vehicle.
(2) Passenger Information Module (PIM):
(A) 10” PIM:
(i) Configured to Commission specifications;
(ii) Screen: 10” high resolution color touch screen;
(iii) Maximum power draw of 10W from Power Control Module; and
(iv) Integrated with the Commission’s Back Office Management Information System (BOMIS);
(B) Mounting Brackets:
(i) PIM equipment is made to accommodate all vehicle types by providing various customized mounting brackets; and
(ii) Mounting brackets to install the PIM in the rear of the car, depending on the vehicle type;
(3) Communications Device.
Wireless 3G or better CDMA Modem cellular network connection card;
(4) GPS.
High Sensitivity GPS receiver with 48 channels of parallel tracking;
(5) Antenna.
3dB Gain antenna mounted on the taxicab roof for maximum sky view;
(6) Passenger Safety Button.
Integrated into PIM;
(7) Driver Safety Button.
Integrated into DIM; and
(8) Receipt Printer.
Integrated with the PIM.
(b) Integration Specifications:
(1) Authentication.
For the meter to turn on, the DIM must validate the current status (valid, revoked, or suspended) of the driver and ensure that the driver is a valid taxicab driver via real-time checks against the Commission’s BOMIS.
(2) Electronic Trip-Sheet Data Collection:
(A) The DIM must electronically collect trip-sheet data that meets the requirements of this title. The trip-sheet reporting shall make use of Global Positioning Satellite (GPS) technologies to geospatially mark pick-up, drop-off and current taxi location information. The TSMS shall collect and record trip-sheet data according to chapter 8 of this title. All data collected through the DIM shall not be accessed or utilized by anyone on a real time basis other than the DC Unified Communications Center, law enforcement personnel or DCTC enforcement personnel as may be necessary to address an emergency initiated by the Safety Button located on the DIM or the PIM. The DCTC shall not have access to data collected through the DIM until twenty-four (24) hours after such data is collected and submitted to the DC BOMIS. The following data elements shall be captured and transmitted to the DCTC BOMIS:
(i) The date, operator’s name and identification card number (i.e., Hack License Number), taxicab company, vehicle number, and license plate number;
(ii) The time at beginning of tour of duty;
(iii) The time and mileage of each trip;
(iv) The time and geospatially recorded place of origin and time and geospatially recorded place of destination of each trip;
(v) The number of passengers and fare charged for each trip;
(vi) The time at the end of each tour of duty;
(vii) Trip number;
(viii) Taxicab number;
(ix) Itemized fare: tolls, surcharges, and tip amount for credit/debit purchases; and
(x) Payment type (cash, credit payments, credit card brand, or debit).
(B) The TSMS shall print all relevant fare generating trip information on the passenger taxi receipt which should print from the front of the cab after acceptance of all trip and fare information by the passenger through the PIM. The taxi receipt shall include, at a minimum, the following trip information:
(i) The date;
(ii) The time and mileage of each trip;
(iii) Trip number;
(iv) Taxicab number;
(v) Driver number;
(vi) Itemized fare: tolls, surcharges, and tip amount (credit/debit only); and
(vii) Number of passengers;
(3) Driver Information Monitor (DIM) with Text Messaging:
(A) The Driver Information Module (DIM) must integrate with the Commission’s BOMIS and receive and send messages in text format.
(i) The District shall be able to communicate with taxicabs in the event of an emergency; and
(ii) The District shall be able to streamline the process for lost property claims by communicating requests to locate lost property directly to taxicab operators.
(B) The Commission shall be able to send short alphanumeric messages from the BOMIS to taxicab DIMs and receive pre-programmed responses from drivers.
(C) The DIM shall integrate with the Commission’s BOMIS to receive and distribute directed (to individual taxicabs) and global (to all taxicabs) alphanumeric text messages. Messages can be informational (one-directional) or require drivers to respond. Response-oriented messages shall be accompanied by corresponding “Yes / No” or custom response choices. The DIM shall enable responses by allowing drivers to cycle through and select response choices through a single button on the DIM screen or hardware interface. Drivers shall only be able to respond to messages when the vehicle is stationary.
(D) The driver Safety Button must integrate with the Commission’s BOMIS allowing the driver to send a distress signal to the Unified Communications Center to be passed to law enforcement officials with the current and updated location of the vehicle.
(4) Credit/Debit Card Acceptance.
The PIM shall be enabled to accept fare payments from all major credit/debit cards, including Visa, MasterCard, American Express, and Discover cards.
(5) Passenger Information Monitor (PIM)
(A) The PIM is the interactive device used to complete all fare transactions. At the end of each fare, the PIM shall display the total fare (itemizing fare, tolls, and surcharges) and include an option to pay with a credit/debit card or with cash. For credit/debit card payments the PIM shall include a contact and optional contact-less reader with the ability to add a tip to the electronic payment. For cash payments, the PIM shall display the itemized charges (excluding tip) and allow the passenger to confirm and complete the cash transaction.
(B) The PIM is the primary mechanism to supply passengers with information and content. The Commission shall be responsible for supplying programming to the PIM. The PIM shall be integrated with the Commission’s BOMIS to receive programming content which may include: news, announcements, advertisements, taxicab rules and regulations, fare information, public service announcements (PSA), television and movie clips and interactive maps.
(C) The PIM shall display the driver’s name, photo, and hack license number according to Commission specifications. .
(D) The PIM shall integrate with a Safety Button that allows the passenger to send a distress signal to the District’s Unified Communications Center with the current location of the vehicle.
(E) The PIM shall be installed in the rear passenger area of the taxicab and be easily viewable by non-visually impaired passengers and accessible to and fully functional for all passengers, including individuals with disabilities covered by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794(d)) and Title II of the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.). The PIM and other equipment that is installed exclusively for passenger use must incorporate adaptive or assistive technology that will allow for use by all passengers, including individuals with disabilities covered by Section 508 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. This shall include the ability for all passengers, including those with visual and physical impairments, to independently complete a credit or debit card transaction that pays for the fare. The PIM shall be simple to use; shall incorporate large keys, equipment markings, and the ability to select large font sizes; and shall provide an audible narrative of all key processing actions.
(6) Accommodations for Future Enhancements.
Except as otherwise provided for herein, all vehicle owners are responsible for installing any future hardware or software upgrades and enhancements that are proposed to be provided by an approved TSMS vendor and approved by the Commission; provided, however, that the costs of such upgrades, including all equipment, software, and installation shall be borne by the TSMS vendor.
(7) Use of TSMS for Dispatch Service.
(A) No vendor providing TSMS equipment or software shall utilize the TSMS System to advertise or solicit the availability of dispatch service to vehicle owners or operators without the prior written approval of the Commission.
(B) No vendor providing TSMS equipment or software shall offer a centralized dispatch service of any kind to vehicle owners or operators at a rate that is less than that charged to non-TSMS customers.
(C) No vendor providing TSMS equipment or software shall prohibit or exclude a dispatch service from integrating its service with the vendor’s TSMS equipment and software, nor shall such vendor assess an unreasonable fee for such integration.
(D) All costs for integration shall be filed with the Commission and published by the TSMS vendor on its website.
(c) Operational Specifications.
(1) Installation:
(A) The Taxi Smart Meter System shall be installed at a District of Columbia Authorized Taxi Smart Meter System Installation Business.
(B) It is the Taxi Smart Meter System owner’s technical and financial responsibility to integrate other services such as dispatch into the TSMS; provided, that no vendor providing TSMS equipment or software shall prohibit or exclude a centralized dispatch service from integrating its service with the TSMS equipment and software, nor shall such vendor assess an unreasonable fee for such integration; all costs for integration shall be filed with the Commission and published by the vendor on its website.
(C) The Commission shall provide at no cost to the owner/operator all equipment and software for the TSMS through the equipment vendor under contract to the District of Columbia and shall pay for all costs of TSMS installations for the TSMS equipment provided by a vendor under contract to the District of Columbia for the provisions of such equipment and that is scheduled for installation through _____________, 2013. The cost of all equipment and software for the TSMS obtained from an approved TSMS vendor that is not under contract to the District of Columbia, including all installation costs, are the responsibility of the owner/operator.
(D) After ___________, 2013, the taxicab owner/operator will be responsible for payment of the installation fee at the time of TSMS installation.
(E) If a scheduled installation appointment is missed, the vehicle will be rescheduled for installation at the end of the installation process schedule, unless the vehicle owner requests and is granted an earlier date that is mutually agreeable. If the appointment is missed due to the intentional misconduct of or willful disregard by the taxicab owner or the company, association, or fleet owner to which it is affiliated and either (i) the owner or, if relevant, the affiliated company, association, or fleet owner does not provide the Commission with written evidence of a legitimate reason for missing the appointment, or (ii) the taxicab owner removes the taxicab from service and relinquishes to the Commission the vehicle registration and all other indicia of registration as a District of Columbia taxicab, the vehicle owner or, if relevant, the taxicab company, association, or fleet owner shall be fined a penalty of $500 per missed appointment.
(2) Maintenance.
Each Taxi Smart Meter System owner shall fully maintain all hardware, software, and other equipment related to the Taxi Smart Meter System. The Taxi Smart Meter System owner shall be responsible for replacing all hardware/equipment that malfunctions, is vandalized, or otherwise fails to operate. The Taxi Smart Meter System owner shall be responsible for maintaining all software including, but not limited to, upgrades and security patches and shall operate a Maintenance and Troubleshooting Operation with a single point of contact for maintenance of all Taxi Smart Meter System equipment and associated software. The Taxi Smart Meter System owner shall maintain a twenty-four (24) hour, seven (7) days a week help desk for assistance with TSMS related questions and requests for repair and shall have available on an on-call basis seven (7) days per week a facility that is capable of repairing and/or replacing all or part of a malfunctioning TSMS within eight (8) hours of receiving notification from a taxicab owner/operator of such malfunction.
(3) Insurance.
Each Taxi Smart Meter System owner shall offer replacement cost insurance for all hardware, software, and other equipment that is lost, stolen, destroyed, vandalized, abused, altered, or otherwise made inoperable for the purpose for which it was purchased and installed, while installed in a public vehicle for hire.
604.2 The foregoing notwithstanding, any licensed taxicab company, association, or fleet of at least one hundred (100) vehicles that provides a central dispatch service as of July 18, 2012 and that is utilizing a Taxi Smart Meter System that substantially meets the requirements of § 604.1 may be authorized by the Commission to continue to utilize such system, provided that the system is able to provide the following:
(a) The system must be able to process and provide to the Commission the authorized passenger surcharge.
(b) The system must be able to authenticate the driver and only function when the driver possesses a currently valid license issued by the Commission.
(c) The system must be able to provide for cashless payment from a passenger and a receipt that is generated from the taxicab meter.
(d) The system must contain a safety button for both the driver and the passenger that can be activated in the event of a driver- or passenger-perceived emergency and that will provide for instant communication with the Unified Communications Center.
(e) The system must electronically collect trip-sheet (manifest) data that meets the requirements of this chapter and that is capable of being electronically transmitted on a real-time basis to the DCTC BOMIS.
(f) The system must be capable of receiving and distributing directed (to individual taxicabs) and global (to all taxicabs) alphanumeric text messages from DCTC through its BOMIS. Messages can be informational (one-directional) or require drivers to respond.
(g) The system must be capable of being integrated with DCTC’s BOMIS to receive programming content which may include news, announcements, advertisements, taxicab rules and regulations, fare information, public service announcements (PSA), television and movie clips, and interactive maps.
(h) The PIM shall be installed in the rear passenger area of the taxicab and be easily viewable by non-visually impaired passengers and accessible to and fully functional for all passengers, including individuals with disabilities covered by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794(d)) and Title II of the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.).
604.3 Each Owner/Operator shall, upon commencement of contract performance by the TSMS vendor under contract to the District of Columbia:
(a) Execute into a Bi-Party Agreement with the Taxi Smart Meter System vendor/business which shall set forth the rights and responsibilities of each party with regard to the installation and operation of the Taxi Smart Meter System; and
(b) Establish a standing account with an initial deposit of one hundred dollars ($100.00) with the Taxi Smart Meter System vendor/business which shall provide for the payment to the Commission of the passenger surcharge required to be collected by each owner/operator from each payable fare pursuant to these regulations. The account will be debited for the amount of the surcharge for each cash fare that is collected by the owner/operator. A cash fare shall be any fare collected by the owner/operator that is not processed through the Taxi Smart Meter vendor/business. The owner/operator shall ensure that there is a minimum of fifty dollars ($50.00) in the account at all times. Any balance remaining in the account shall be refunded to the owner/operator when the owner/operator no longer operates a taxicab.
604.4 Until such time the TSMS vendor under contract to the District of Columbia commences performance under the contract, each owner/operator shall, if authorized by the Commission:
(a) Establish with the Commission a standing account with an initial deposit of two hundred dollars ($200.00) for each public vehicle for hire owned by the owner, regardless of whether the vehicle is driven by an employee of the owner or rented by the owner to a licensed public vehicle for hire driver and the account shall:
(1) Provide for the payment to the Commission of the passenger surcharge required to be collected by each licensed driver from each payable fare pursuant to this title.
(2) Be debited for the amount of the surcharge for each fare required to be paid by a bona fide passenger for a trip in a public vehicle for hire.
(b) At the owner’s option, have installed in each taximeter a computer chip that will allow for the wireless transmission of all meter data to another personal electronic device, so as to allow the Commission to “read” the meter and reconcile the actual paying trip data with the automatic withdrawal from the individual standing accounts. The actual trip information shall be utilized by the Commission to reconcile the automatic withdrawals from each account. Each account will then be credited or debited based upon the actual meter data. If the account is further debited, the owner shall be required to add additional funds to the account so that the account contains the minimum amount set forth in this subsection.
604.5 For purposes of this section, the Commission will assume that each owner’s public vehicle for hire will record two hundred (200) fare paying trips per month and will deduct from each account the sum of one hundred dollars at the end of each month. Each owner shall ensure that there is a minimum of one hundred dollars ($100.00) in each of the owner/operator’s accounts at all times.
604.6 For convenience, each owner may provide the Commission with a valid credit/debit card or account information from a bona fide checking/savings account from which the monthly amount shall be debited. Each owner providing a credit/debit card number or a checking/savings account number shall be responsible for ensuring that the Commission has, at all times, a valid credit/debit card number or a valid savings/checking account number.
604.7 Any balance remaining in an account shall be refunded to the owner/operator when the vehicle is no longer registered as a public vehicle for hire in the District of Columbia; provided, however, that an owner who replaces a licensed vehicle with another licensed vehicle may transfer the account of the old vehicle to the new vehicle.
604.8 Before any owner/operator, including any newly licensed operator, is authorized to operate a taxicab with the Taxi Smart Meter System, the owner/operator shall complete required training on the Taxi Smart Meter System either from the Taxi Smart Meter System owner or from the Taxi Smart Meter System certified installer.
604.9 A Taxi Smart Meter System shall only be acquired from and installed by a Taxi Smart Meter System vendor/business authorized by the Commission to provide and install the Taxi Smart Meter System.
604.10 No taxicab shall be equipped with more than one taximeter or Taxi Smart Meter System, except where specifically approved by Commission in writing.
604.11 At the option, and cost, of the Taxi Smart Meter System vendor, the taximeter previously installed in a taxi may be integrated into the Taxi Smart Meter System where the vendor determines that the existing meter is compatible with the Taxi Smart Meter System installation.
604.12 If the Taxi Smart Meter System vendor determines that the existing meter in a taxi is incompatible with the Taxi Smart Meter System installation, the owner/operator must accept the replacement meter for integration into the Taxi Smart Meter System and the owner/operator shall retain possession of his or her original meter.
604.13 Each Taxi Smart Meter System shall be tested once per year by a Taxi Smart Meter System business licensed by the Commission. The annual inspection shall be identical to the inspection process identified in § 1324.1 of this Title.
604.14 Each new Taxi Smart Meter System unit submitted for approval to the Commission by the manufacturer, its licensed representative, or the taximeter business shall be subject to a testing period.
604.15 Drivers shall comply with the following requirements:
(a) A taxicab shall not be considered “For Hire” unless the Taxi Smart Meter System is in good working condition;
(b) A driver shall not pick up or transport a passenger unless the Taxi Smart Meter System is capable of printing fare receipts for passengers; and
(c) A driver while on duty shall not operate a taxicab unless the LED portion of the dome light displays “Taxi For Hire” when the Taxi Smart Meter System is not in use and the driver is available to transport a passenger, and the LED portion of the Dome Light displaying “Taxi For Hire” is “Dark” when the Taxi Smart Meter System is in use transporting a passenger.
604.16 Tampering with the taximeter, Taxi Smart Meter System, or dome light is prohibited.
(a) A driver shall not operate a taxicab in which the Taxi Smart Meter System has been tampered with, broken, or altered in any manner. The operation of a taxicab with a broken Taxi Smart Meter System shall give rise to a rebuttable presumption that the driver knew of the tampering or alteration and operated the taxicab with such knowledge.
(b) A driver shall not tamper with, repair or attempt to repair, or connect any unauthorized device to the Taxi Smart Meter System, cable connection, or electrical wiring thereof, or make any change in the vehicle's mechanism or its tires which would affect the operation of the Taxi Smart Meter System. Notwithstanding the foregoing, a driver may utilize a device that allows for digital dispatch from an authorized dispatch service.
(c) A driver shall not tamper with the dome light or any of the interior lights or connections except to replace a defective bulb or fuse. The dome light of a taxicab shall be automatically controlled by the operation of the Taxi Smart Meter System so that the LED portion of the dome light displays “Taxi For Hire” when the Taxi Smart Meter System is not in use and available to pick up passengers, and the LED portion of the dome light shall go “dark” when the Taxi Smart Meter System is in use transporting a passenger. The operation of a taxicab with an unauthorized dome light shall give rise to a rebuttable presumption that the driver knew of the unauthorized dome light and operated the taxicab with such knowledge.
(d) A taxicab driver/owner/operator shall not place tires or wheels of a different size, or "off-size" tires, on the taxicab without reinspection and recalibration of the Taxi Smart Meter System. A taxicab driver, owner, or operator shall not operate a taxicab with tires inflated outside the manufacturer's recommended level, whether "under" or "over inflated".
(e) Except as is otherwise the responsibility of the Taxi Smart Meter System owner, vendor, or manufacturer, a taxicab owner/operator shall be held responsible for replacement or replacement cost for Taxi Smart Meter System equipment which is lost, stolen, destroyed, abused, altered, or otherwise made inoperable for the purpose for which it was purchased and installed, while in the owner/operator’s possession. The owner/operator must replace, at its expense, the Taxi Smart Meter System and shall be suspended from operating until the Taxi Smart Meter System is fully operational.
604.17 The Taxi Smart Meter System must be immediately surrendered to the authorized Taxi Smart Meter System installer when the vehicle is removed from service as a licensed taxi in the District of Columbia, whether the removal is voluntary or involuntary. However, if the vehicle being removed from service as a licensed taxicab is being immediately replaced with a new vehicle by the vehicle owner, the vehicle owner is authorized to have an authorized Taxi Smart Meter System installer reinstall the System in the replacement vehicle; provided, however, that such vehicle owner immediately notifies the Commission of such action on a form provided by the Commission.
604.18 The Taxi Smart Meter System installer must immediately notify the Commission in writing when a Taxi Smart Meter System is surrendered to the authorized Taxi Smart Meter System installer when the vehicle is removed from service as a licensed taxi in the District of Columbia, whether the removal is voluntary or involuntary.
604.19 Effective __________, 2013, any licensed taxicab in the District of Columbia that has not been equipped with a Commission approved Taxi Smart Meter System is not authorized to be operated as a licensed public vehicle for hire in the District of Columbia and will be ticketed and towed off of the public streets as an unlicensed vehicle.
604.20 Effective __________, 2013, any taxi vehicle added to the taxi fleet in the District of Columbia shall be equipped with a Commission approved Taxi Smart Meter System that meets the specifications listed in § 604.1. Further, effective __________, 2013, the costs of the TSMS, including installation of the meter and TSMS, shall be the responsibility of each owner/operator.
604.2116 Effective ______________, 2013, all costs to install, transfer, or replace (except where covered under vendor warranty or insurance or under the District’s contract with a TSMS vendor) Taxi Smart Meter System equipment will be the financial responsibility of the owner/operator.
Section 605, CRUISING LIGHTS, is amended as follows:
The section heading is amended to read as follows:
605 DOME LIGHTS AND TAXI NUMBERING SYSTEM
Subsections 605.1 through 605.10 are amended to read as follows:
605.1 Effective ________________, 2013, all licensed taxicabs in the District of Columbia shall be equipped with the Commission-approved Dome Lights and Taxi Number System that meets the specifications listed below:
(a) The Dome Light shall display the public vehicle identification number (“PVIN”) assigned by the Commission on the left side of the Dome Light when viewed from the front and the right side of the Dome Light when viewed from the rear of the dome light;
(b) The Dome Light shall be connected to the engine and that portion of the Dome Light that displays the PVIN shall remain on at all times when the car’s engine in on; provided, however, that the Dome Light may contain a driver activated switch located on the side of the Dome Light that will allow the complete Dome Light to remain dark when the vehicle is either off-duty or is being utilized for personal use;
(c) Roof Light Housing shall be aluminum or silver colored acrylic: H – 8.0” x D– 6” sloping to 87” x W 48”; Thickness – 1”;
(d) The left part of the Dome Light shall be H - 8” x W- 12”, silver in color with the PVIN etched in white plastic acrylic letters that are H-5” and housing a bulb to illuminate the PVIN;
(e) The right portion of the Dome Light shall be H- 8” x W – 36”, silver in color with a clear acrylic cover that shall contain a single line LED programmable moving display that scrolls “TAXI FOR HIRE” in characters that are H-4”;
(f) The base shall be constructed of aluminum with a continuous neoprene base that surrounds the entire base with several rubber gaskets to allow for drainage of water and condensation.
(g) A visual depiction of the dome light is shown below:
605.2 The required dome light shall only be installed by Dome Light Installation businesses authorized by the Commission to install the approved dome light.
605.3 The Dome Light shall be fully visible to a person of average height at all times when the vehicle is cruising. Vehicles of greater length or height shall be required to have two (2) fully functioning dome lights. Vehicles that contain advertising signs on the roof shall have a fully functioning dome light on the front and rear of the advertising sign.
605.3 Each new Dome Light will identify the newly assigned taxicab vehicle identification number assigned by the Commission to that specific taxicab vehicle.
605.4 The PVIN does not replace a taxicab company’s, association’s, or fleet’s taxicab fleet numbering system provided in § 503.10 of this title. However, the PVIN on the Dome Light will replace the current vehicle identification numbers assigned to independently operated taxicabs pursuant to § 505.7 of this title.
605.5 The LED portion of the Dome Light shall display “Taxi For Hire” at all times when the taxicab is available for hire and the LED portion of the Dome Light shall go “dark” when the taxicab is not available for hire because the taxicab is carrying a passenger, is on call, or is off duty not intending to take on passengers. The Dome Light may contain a driver activated switch on the side of the Dome Light that will allow the complete Dome Light to remain dark when the vehicle is either off-duty or is being utilized for personal use
605.6 Whenever a taxicab operator removes his or her vehicle from service and is proceeding to a place of his or her choosing without intending to take on passengers, the “Taxi For Hire” light shall go “dark.”
605.7 Whenever a taxicab is responding to a dispatch call or proceeding to a prior arranged transport, the “Taxi For Hire” light shall go “dark.”
605.8 No taxicab shall be operated unless its Dome Light is in proper working condition. The operation of a taxicab with a broken Dome Light shall give rise to a rebuttable presumption that the driver knew of the condition and operated the taxicab with such knowledge.
Section 608, INSPECTION OF TAXICABS, is amended as follows:
Subsections 608.1 through 608.4 are amended to read as follows:
608.1 All taxicab vehicles shall be inspected annually or at other times as required by the Commission for the following:
(a) Safe operating condition and compliance with District of Columbia motor vehicle regulations with respect to the condition of the body and fenders, cleanliness, repairs, and other mechanical parts relating to both the exterior and interior condition of the taxi vehicle; and
(b) Broken or damaged taximeters or Taxi Smart Meter System.
608.2 Any Hack Inspector, police officer, or other authorized agent of the District may inspect and test the meter and Taxi Smart Meter System, lights, brakes, steering assembly, tires, equipment, horn, or any other device required by Title 18 DCMR and the Commission's rules and regulations at any time a taxicab is on the public streets or public space.
608.3 Any Hack Inspector, police officer, or other authorized agent of the District may order the removal of an unsafe or improperly equipped taxicab from any public street or space to one of the official District Inspection Stations for re-inspection, notwithstanding the fact that the taxicab displays an approved inspection sticker, or to an authorized Meter or Taxi Smart Meter System installation vendor/business authorized by the Commission for inspection or repairs.
608.4 No person shall drive, move, or permit the operation or use of any taxicab which is mechanically unsafe, improperly equipped, or otherwise unfit to be operated, including failure to have an operating meter and Taxi Smart Meter System. Such vehicles shall be towed off the public streets and impounded pursuant to 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(a)(6) (2009 Repl.; 2012 Supp.)).
Copies of the proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting Jacques P. Lerner, General Counsel and Secretary to the Commission, District of Columbia Taxicab Commission, 2041 Martin Luther King, Jr., Avenue, S.E., Suite 204, 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, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, DC 20020, Attn: Jacques P. Lerner, General Counsel and Secretary to the Commission, no later than thirty (30) days after the publication of this notice in the D.C Register.
