3699015 Second Emergency and Proposed Rulemaking to Add 31 DCMR 1500  

  • 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 establish a new Chapter 15 (Licensing and Operation of Taxicab Dome Light Installation Companies), of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).

     

    The new chapter will: (1) establish and implement a new dome light equipment requirement; (2) establish the licensing requirement, criteria, and responsibilities of dome light installation businesses in the District of Columbia; and (3) establish 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 three to five 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 as 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 8898.  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 15, LICENSING AND OPERATIONS OF DOME LIGHT INSTALLATION COMPANIES, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is added to read as follows:

     

    1500           APPLICATION AND SCOPE

     

    1500.1             This chapter shall be applicable to and governs the establishment of a new taxicab numbering system and all dome light installation businesses in the District of Columbia.

     

    1500.2             The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301 et seq.) (2009 Repl.).

     

    1501           UNLICENSED BUSINESS ACTIVITY PROHIBITED

     

    1501.1             No person shall sell, install, repair, or adjust taxi dome lights or other equipment relating to the operation of a dome light for use on any licensed taxicab in the District of Columbia without a valid dome light installation business license issued by the Commission, which is in addition to the Basic Business License required by D.C. Official Code § 47-2851.04.  The foregoing notwithstanding, a person possessing a valid Taximeter Business or Taxi Smart Meter System Business or Taxi Smart Meter System Business license issued by the Commission shall not be required to submit a separate application for a dome light installation business license.  However, such person shall otherwise comply with the requirements of this chapter, including the payment of all license fees and the submission of a separate bond, as required by section 1503 of this chapter.

     

    1502           DOME LIGHT INSTALLATION BUSINESS LICENSE - GENERAL REQUIREMENTS

     

    1502.1             The application for the initial and renewal dome light installation business license shall be filed on a form provided by the Office of Taxicabs and shall contain a sworn and notarized statement that the information contained therein is true under penalty of perjury.

     

    1502.2             License Application Requirements:

     

    (a)        An individual applicant for a dome light installation business license shall:

     

    (1)        Provide proof of identity in the form of a valid photo identification issued by the United States, any state or territory thereof, or any political subdivision of such state or territory; and a valid, original social security card;

     

    (2)        Be at least eighteen (18) years of age; and

     

    (3)        Be of good moral character as reflected by the outcome of the report required in paragraph (d) of this subsection and in accordance with the guidelines in § 1001.12 of this title.

     

    (b)        An applicant that is a partnership shall provide the following:

     

    (1)        A certified copy of the partnership certificate from the jurisdiction where the principal place of business is located.

     

    (2)        Each partner must satisfy the requirements for individual applicants set forth in § 1502.2(a).

     

    (c)        An applicant that is a corporation shall provide the following:

     

    (1)        A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, if incorporated less than one (1) year from the date of the license application or a certificate of good standing; or if incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation, filing receipt, and authority to do business within the District of Columbia;

     

    (2)        A list of its officers and shareholders, including names, residence addresses, telephone numbers, and percentage of ownership interest of each shareholder; and

     

    (3)        A certified copy of the minutes of the organizational meeting at which the current officers were elected.

     

    (d)       Each of the following persons shall be fingerprinted, for purposes of securing criminal history records from the Federal Bureau of Investigation:

     

    (1)        Each individual applicant;

     

    (2)        Each partner of a partnership applicant;

     

    (3)        Each officer or shareholder of a corporate applicant; and

     

    (4)        Each person who has provided funds either individually, or as a principal of a partnership or corporation, whether such funds were provided by gift, loan, or otherwise, in connection with the operation of the dome light installation business, unless such provider is a licensed bank or loan company. The applicant shall pay any processing fees required by the Office of Taxicabs or the Federal Bureau of Investigation.

     

    (e)        The Commission shall have the right to reject the proposed name of any dome light installation business that is substantially similar to any name in use by another dome light installation business licensee.

     

    (f)        Each license expires two (2) years from the date of issuance.

     

    1503           DOME LIGHT INSTALLATION BUSINESS LICENSE - BOND REQUIRED

     

    1503.1             Each applicant for an initial dome light installation business license or renewal license shall deposit with the Commission and shall keep in full force and effect throughout the license period, a bond in the sum of fifty thousand dollars ($50,000), provided by one (1) or more sureties approved by the Commission.

     

    1503.2             Such bond shall be payable to the DC Treasurer and shall be conditioned on the licensee complying with all provisions of this title including, but not limited to, compliance with the Clean Hands Act and payment of any fines or judgments against said licensee by any court or administrative agency, including, but not limited to, the Office of Administrative Hearings for violations of this title.

     

    1503.3             This bond shall remain in full force and effect for the term of the dome light installation business license, and for one (1) year following the termination, non-renewal, or revocation of any license.

     

    1504           DOME LIGHT INSTALLATION BUSINESS LICENSE - FINANCIAL DISCLOSURE

     

    1504.1             Each individual, partner, corporate shareholder, or corporate officer applicant for a new or renewal dome light installation business license shall file with the Commission a financial disclosure statement, to be submitted on a form provided by the Commission, which shall include but not be limited to identifying such individual's assets, liabilities, income, net worth, source of bank accounts, and any investments a business licensed or regulated by the Commission or with an individual or entity who is a participant in a business licensed or regulated by the Commission.

     

    1504.2             Each individual, partner, shareholder, or officer of a dome light installation business shall disclose to the Commission that person’s interest, whether as owner, partner, officer, shareholder, director, lender, or other creditor, in any licensed taxicab.

     

    1505           DOME LIGHT INSTALLATION BUSINESS LICENSE - FEES

     

    1505.1             Every application for a license to operate a dome light installation business shall be accompanied by a non-refundable application fee of five hundred dollars ($500).

     

    1505.2             The license application fee and the license fee shall be payable to the DC Treasurer by money order or by certified check.

     

    1505.3             The bi-annual renewal license fee including the first license is one thousand five hundred dollars ($1,500) and is due on the anniversary of the issuance of the license.

     

    1506           DOME LIGHT INSTALLATION BUSINESS - COMPLIANCE WITH LICENSING REQUIREMENTS

     

    1506.1             If at any time during the term of the dome light installation business license, the Chairman becomes aware that the licensee no longer meets the requirements for a dome light installation business license, the Commission may suspend or revoke the license or deny any application for renewal.

     

    1506.2             Nothing contained herein shall limit the authority of the Chairman to summarily suspend the license of any dome light installation business where a threat to public health, safety, or welfare exists.

     

    1506.3             The Office of Administrative Hearings shall hear appeals of actions taken by the Commission pursuant to sections 1506.1 and 1506.2.

     

     

    1507           DOME LIGHT INSTALLATION BUSINESS – CHANGE IN OWNERSHIP

     

    1507.1             A dome light installation business owner shall not, without prior notification and approval by the Commission, transfer any interest in a dome light installation business, including, but not limited to, the transfer of any ownership interest, or any agreement to transfer an ownership interest in the future.

     

    1507.2             A dome light installation business owner shall not, without prior notification and approval by the Commission, make any change in location, mailing address, corporate name, trade name, corporate officers, or any other material deviation from the description of the dome light installation business as stated in the original or renewal application. 

     

     

    1508           DOME LIGHT INSTALLATION BUSINESS – COMPLIANCE                            WITH APPLICABLE LAWS

     

    1508.1             A licensee shall obtain and keep in full force and effect all licenses and permits required by District or federal laws.

     

    1508.2             A licensee shall comply with all applicable Occupational Safety and Health Act (OSHA) standards and requirements at the licensee’s place of business, as well as all other federal and District laws governing the conduct of its business.

     

    1508.3             A licensee shall pay any fines, fees, or taxes owed by it to the federal or

    District government.

     

    1508.4             A licensee shall comply with all workers’ compensation and disability benefits laws and all federal laws regarding the withholding of taxes and payment of FICA and other withholding taxes.

     

     

    1509           DOME LIGHT INSTALLATION BUSINESS – FEES CHARGED BY LICENSEES

     

    1509.1             A licensee shall file with the Commission a schedule of current fees for all services related to the sale, repair, installation, and calibration of dome lights, including, but not limited to, inspections, tests, adjustments, installations, corrections, or repairs.

     

    1509.2             Any change in fees shall be filed with the Commission at least ten (10) days prior to the scheduled effective date of the change in fees.

     

    1509.3             A dome light installation business owner shall not engage in any business unless a current schedule of inspection and repair charges, including hourly rates, if applicable, is prominently displayed to the public on the business premises.

     

    1509.4             A dome light installation business owner shall not publicly display any fee schedule until it has been filed with the Commission.

     

     

    1510           DOME LIGHT INSTALLATION BUSINESS – PREMISES AND EQUIPMENT

     

    1510.1             A dome light installation business licensee shall at all times:

     

    (a)        Be located within an area zoned for this business activity;

     

    (b)               Be of sufficient size to simultaneously accommodate at least three (3) vehicles of the type(s) and model(s) licensed by the Commission;

     

    (c)                Have sufficient illumination and space in inspection, testing, and calibration areas to enable proper inspections and tests required by these regulations; and

     

    (d)       Have all signs required by law and these rules.

     

    1510.2             A dome light installation business licensee may not use temporary structures that are not described in the certificate of occupancy for the premises.

     

    1510.3             No installation, adjustment, correction, or repairs of any type may be performed on a public right-of-way or in any facility other than the dome light installation business premises.

     

    1510.4             A dome light installation business shall be equipped with, at a minimum, the equipment required by the Commission for the repair and installation of dome lights.

     

                           

    1511                DOME LIGHT INSTALLATION BUSINESS – EQUIPMENT MAINTENANCE

     

    1511.1             A dome light installation business owner shall properly maintain all equipment required by the Commission, and any other equipment required by law or regulation, in good working order and in such a manner that an inspection or test may be conducted in conformity with these rules.

     

    1511.2             A dome light installation business shall not conduct any test or installation using equipment that is not in good working order.

     

     

    1512                DOME LIGHT INSTALLATION BUSINESS – SIGNAGE ON PREMISES

     

    1512.1             A licensed dome light installation business sign, bearing the dome light installation business license number and meeting the specifications of the Commission, shall, at all times, be hung or mounted on the outside of the premises in such a manner that it is easily visible to the public from outside the building.

     

    1512.2             A dome light installation business owner shall not display a licensed dome light installation business sign if its dome light installation business license, or any other necessary license, is expired, suspended, or revoked.

     

    1512.3             The business location of each licensed dome light installation business shall have affixed to the inside of a front facing glass window, clearly legible from the outside, a printed sign bearing its business name, license number, and the Commission’s complaint telephone number.

     

     

    1513                DOME LIGHT INSTALLATION BUSINESS – PERSONAL CONDUCT

     

    1513.1             A dome light installation business owner or his representative, while performing duties and responsibilities as a licensed dome light installation business, shall not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny.

     

    1513.2             Examples of fraud, misrepresentation, or larceny include, but are not limited to:

     

    (a)        Adjustments for the purpose of tampering with the accurate operation of the dome light; or

     

    (b)        The manufacture, sale, or installation of any device that is either designed to or does tamper with the accurate operation of a dome light.

     

    1513.3             A dome light installation business owner or his representative shall not perform any willful act of omission or commission which is against the best interest of the public, even if not specifically prohibited by these rules.

     

     

    1514                DOME LIGHT INSTALLATION BUSINESS – UNLAWFUL ACTIVITIES PROHIBITED

     

    1514.1             A dome light installation business owner shall not use or permit any other person to use the owner’s business premises or office of record for any unlawful purpose.

     

    1514.2             A dome light installation business owner shall not conceal any evidence of a crime connected with the owner’s business premises or office of record.

     

    1514.3             A dome light installation business owner shall report immediately to the Commission and the police any attempt to use the owner’s business premises to commit a crime.

     

    1514.4             A dome light installation business owner shall not file with the Commission any statement, including but not limited to statements required to be filed pursuant to these rules, which the owner knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

     

     

    1515                DOME LIGHT INSTALLATION BUSINESS – NOTIFICATION OF CRIMINAL CONVICTION OR OTHER CHANGE IN LICENSE CONDITIONS

     

    1515.1             A dome light installation business owner, including a member of a partnership or any officer or shareholder of a corporation, shall notify the Commission in writing of his or her conviction for a crime within fifteen (15) days of such conviction, and he or she shall deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court within fifteen (15) days of disposition.

     

    1515.2             In accordance with § 1507.2, a dome light installation business owner shall notify the Commission of any material change in the information contained on such owner’s latest dome light installation business license application or renewal.

     

     

    1516                DOME LIGHT INSTALLATION BUSINESS – NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION

     

    1516.1             A dome light installation business owner shall immediately notify the Commission in writing of any suspension or revocation of any license granted to the licensee, or any other person acting on his behalf, by any agency of the District of Columbia or federal government.

     

     

    1517                DOME LIGHT INSTALLATION BUSINESS – BRIBERY PROHIBITED

     

    1517.1             A dome light installation business owner or any person acting on the owner’s behalf shall not offer or give any gift, gratuity, or thing of value to any employee, representative, or member of the Commission, or any public servant.

     

    1517.2             A dome light installation business owner or any person acting on the owner’s behalf or during the scope of his or her employment with said dome light installation business owner, shall immediately report to the Commission and the Inspector General any request or demand for a gift, gratuity, or thing of value by any employee, representative or member of the Commission, or any public servant.

     

    1517.3             A dome light installation business owner or any person acting on the owner’s behalf shall not accept any gift, gratuity, or thing of value from an owner or driver of any vehicle licensed by the Commission, or any individual or any other person actually or purportedly acting on behalf of such owner or driver for the purpose of omitting an act required by these rules or committing any violation of these rules.

     

    1517.4             A dome light installation business owner shall notify the Commission immediately and in writing within twenty-four (24) hours thereafter of any offer of a gift or gratuity prohibited by § 1517.1.

     

     

    1518                DOME LIGHT INSTALLATION BUSINESS – THREATENING, HARASSING OR ABUSIVE CONDUCT PROHIBITED

     

    1518.1             A dome light installation business owner, while performing his duties and responsibilities as a licensee, shall not:

     

    (a)        Threaten, harass, or abuse any governmental or Commission representative, public servant, or other person; or

     

    (b)        Use or attempt to use any physical force against a Commission representative, public servant, or any other person.

     

     

    1519                DOME LIGHT INSTALLATION BUSINESS – COOPERATION WITH THE COMMISSION

     

    1519.1             A dome light installation business owner shall, at all times, cooperate with all law enforcement officers and representatives of the Commission.

     

    1519.2             A dome light installation business owner shall answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives.

     

    1519.3             A licensee shall produce his or her Commission license or other documents whenever the Commission requires.

     

     

    1520                DOME LIGHT INSTALLATION BUSINESS – LIABILITY FOR CONDUCT OF EMPLOYEES

     

    1520.1             A dome light installation business owner shall supervise and be responsible for the conduct of all of its employees, contractors, or agents, for the activities including, but not limited to, the sale, installation, inspection and testing of dome lights.

     

    1520.2             A dome light installation business owner shall ensure that all employees are fully familiar with the rules and regulations contained herein, as well as any other pertinent regulatory agency rules and regulations.

     

    1520.3             A dome light installation business shall employ only such persons who have been certified as dome light installation technicians by a dome light installation manufacturer to perform any installation, testing, or repair of the dome light on which work is being performed:

     

    (a)                Any work involving a dome light, including, but not limited to, installation, inspection, or repair shall be performed by a technician certified by the dome light installation manufacturer; and

     

    (b)               The certified technician shall be responsible for maintaining all records required by the Commission and shall place that technician’s signature on all inspection, testing, repair, or other reports.

     

    1520.4             A dome light installation business owner shall ensure that all employees perform their duties in compliance with all relevant federal and District laws, rules, and regulations.

     

    1520.5             A dome light installation business shall furnish to the Commission, upon licensure or renewal, the names of all certified dome light installation technicians employed by it and shall notify the Commission in writing of any changes in the employment of certified dome light installation technicians.

     

     

    1521                DOME LIGHT INSTALLATION BUSINESS – LIABILITY FOR TAMPERING OR ALTERATION

     

    1521.1             By installing a dome light, the dome light installation business certifies that the dome light installation has been tested and operates in accordance with these rules.

     

    1522                DOME LIGHT INSTALLATION BUSINESS – DUTY TO

    NOTIFY THE COMMISSION

     

    1522.1             A dome light installation business shall notify the Commission by telephone immediately, and in writing within twenty-four (24) hours, of any of the following occurrences:

     

    (a)        A dome light which the dome light installation business knows or has reason to know has been reported to the Commission as lost or stolen has been presented to the dome light installation business for installation, repair, or adjustment;

     

    (b)        A person whom the dome light installation business owner knows or should know to be a licensee of the Commission, or to be acting on behalf of a licensee, has requested that the dome light installation business engage in any activity prohibited by these rules; or

     

    (c)        A person whom the dome light installation business owner knows or should know to be a licensee of the Commission, or to be acting on behalf of a licensee, has attempted to repair or connect any unauthorized device to, any dome light, seal, cable connection or electrical wiring, which may have affected the operation of a dome light.

     

    1522.2             Any notice required to be provided to the Commission hereunder shall contain, at a minimum, the following information:

     

    (a)        The taxicab name and number and vehicle tag number;

     

    (b)        The name(s) and license number(s), if any, of the driver(s) who presented the vehicle to the dome light installation business;

     

    (c)        The date of the inspection or repair; and

     

    (d)       A detailed description of the dome light as described in § 1522.1(a).

     

     

    1523                DOME LIGHT INSTALLATION BUSINESS – NUMBERING SYSTEM OBLIGATIONS

     

    1523.1             By installing a dome light, the dome light installation business certifies that at the time of such installation and testing it has:

     

    (a)        Accepted and installed a dome light that meets the specifications of the commission found at § 605 of this title; and  

     

    (b)        Properly installed the dome light with the taxi vehicle number assigned to the taxi by the Commission.

     

     

    1524                DOME LIGHT INSTALLATION BUSINESS – REQUIRED INSPECTIONS

     

    1524.1             A dome light shall be inspected by the dome light installation business whenever it is installed or repaired. Inspection shall include examination of the dome light installation and operation to verify compliance with:

     

    (a)        The dome light installation specifications, type approvals, tolerances, and all other requirements of the Commission;

     

    (b)        The standards set forth in the sections of the taxicab owners’ rules regarding dome lights; and

     

    (c)        All other applicable federal and District regulations and guidelines.

     

    1525                DOME LIGHT INSTALLATION BUSINESS – OTHER REPAIR LIMITATIONS

     

    1525.1             A dome light installation business owner shall not perform any work on a dome light, including, but not limited to, inspection, testing, or repair, if:

     

    (a)        No valid vehicle license from the Commission is presented, unless the dome light is not for use in a taxicab licensed by the Commission;

     

    (b)        The dome light installation serial number is deleted, defaced, or otherwise altered;

     

    (c)        The vehicle is licensed by the Commission and the dome light make, model or serial number appears on the Commission vehicle license or rate card, and the Commission has not otherwise authorized the use of that dome light;

     

    (d)       The dome light installation business licensee knows or should know that the dome light presented for testing was reported lost or stolen to the Commission or any other law enforcement agency; or

     

    (e)        The dome light installation business licensee has not obtained from the owner or driver of the vehicle, or his agent, a written consent to perform any work on the dome light.

     

     

    1526                DOME LIGHT INSTALLATION BUSINESS – RECORD OF DOME                                   LIGHT INSTALLATION TESTS

     

    1526.1             The dome light installation business owner shall record the results of any inspections or tests, and the dome light make, model, and serial number on a form prescribed by the Office of Taxicabs, which the dome light installation business licensee shall submit to the Commission within seven (7) days of such inspection.

     

    1526.2             Upon a determination that a dome light installation has passed an inspection, the dome light installation business owner, in addition to complying with § 1526.1, shall affix a certification sticker, prescribed and approved by the Office of Taxicabs, to the dome light. Any certification sticker shall not be re-affixed to the dome light installation if removed.

     

    1526.3             A dome light installation business owner shall provide for the safekeeping of certification stickers, shall control their sequence of issuance, and shall ensure that such stickers are placed only on dome lights in accordance with these regulations.

     

    1526.4             When a dome light is installed in preparation for “hack-up,” the dome light installation business owner, in addition to complying with §§ 1526.1 and 1526.2, shall:

     

    (a)        Prepare a vehicle “hack-up” certification form approved by the Office of Taxicabs at the completion of the preparatory work for vehicle “hack-up”;

     

    (b)        Submit to the Commission, within twenty-four (24) hours, all documents relating to the installation and inspection of such dome light; and

     

    (c)        Provide the vehicle owner with an itemized list of all work performed in preparation for “hack-up.”

     

     

    1527                DOME LIGHT INSTALLATION BUSINESS – REPAIR WORK AFTER TEST FAILURE PROHIBITED

     

    1527.1             No dome light installation business owner shall, as a condition of performing any test or other work, require a vehicle driver or owner to undertake any repair work at the dome light installation business owner’s business. The business owner shall inform the vehicle driver or owner that he or she may select another licensed dome light installation business to perform a repair.

     

    1527.2             No dome light installation business owner shall direct a vehicle owner to utilize any other dome light installation business to perform said repair work.

     

     

    1528                DOME LIGHT INSTALLATION BUSINESS – OVERCHARGES PROHIBITED

     

    1528.1             A licensed dome light installation business shall not charge fees for any work involving dome lights in excess of the fees set by its fee schedule, which shall be filed with the Commission and shall be publicly displayed pursuant to § 1509 of these rules.

     

     

    1529                DOME LIGHT INSTALLATION BUSINESS – SALE OF DOME LIGHTS

     

    1529.1             A dome light installation business owner shall only sell and install dome lights that have been approved by the Commission for use in a District of Columbia licensed taxicab.

     

    1529.2             A dome light installation business owner shall not sell a dome light for use in a taxicab licensed by the Commission unless a valid vehicle license from the Commission is presented.

                           

    1529.3             A dome light installation business owner shall not sell a dome light for use in a Commission licensed vehicle unless the installation, testing and certification of the dome light/vehicle assembly is performed by the dome light installation business licensee or an employee thereof.

     

    1529.4             A dome light installation business owner shall report to the Commission, within seven (7) days, all sales, trades or exchanges of dome lights by the licensed dome light installation business on a form prescribed by the Commission.

     

    1529.5             A dome light installation business owner shall inform all purchasers in writing, before the sale takes place, of any and all restrictions imposed by the dome light manufacturer or dome light installation business licensee regarding the testing, repairs, and installation of the dome light.

     

    1529.6             A dome light installation business owner shall remove, deface, or otherwise void the validity of the certification sticker upon receipt of a dome light purchased, exchanged, or accepted in trade by the dome light installation business licensee, and shall report such decertification to the Commission.

     

    1529.7             The certification sticker must conform to all specifications established by the Commission and bear the name of the Chairperson of the Commission.

     

    1529.8             All installations of dome lights in taxicabs licensed to operate in the District of Columbia must be in accordance with specifications which have been filed with and approved by the Commission.

     

    1529.9             No change in the method of installation shall be made unless the installation method has been filed with and approved by the Commission.

     

     

    1530                DOME LIGHT INSTALLATION BUSINESS – RECORD KEEPING AND REPORTING

     

    1530.1             A dome light installation business owner shall comply with all record-keeping procedures established by the Office of Taxicabs.  All records required to be kept by the Commission shall be in the form and manner prescribed by the Commission and must be maintained for a period of five (5) years.

     

    1530.2             All record-keeping entries must be made by a technician certified in accordance with § 1520.3 of these rules.

     

    1530.3             A dome light installation business owner shall account for all certification stickers procured and issued by the dome light installation business licensee.

     

    1530.4             A dome light installation business owner shall account for all new or used dome lights that the dome light installation business licensee buys, loans, rents, exchanges, or accepts in trade.

     

    1530.5             A dome light installation business owner shall keep records of all sales, installations, inspections, re-inspections, calibrations, and repairs and the results thereof.

     

    1530.6             At any and all times, a dome light installation business owner shall make available for examination, to any agent of the Commission or any other properly authorized law enforcement officer, all the records the official dome light installation business is required to keep.

     

    1530.7             A dome light installation business owner shall permit any agent of the Commission or any law enforcement official to inspect any portion of its business premises at any time.

     

     

    1531                DOME LIGHT INSTALLATION BUSINESS – PENALTIES FOR                                        VIOLATIONS

     

    1531.1             The schedule below lists penalties for violations of requirements of specified sections of this Chapter. 

     

               Section                                                                                                 Penalty

     

    1501                Unlicensed business activity                                       $250

     

    1505                Failure to pay bi-annual license fee                             $500 / Suspension

                                                                                                                after 30 days overdue

     

                1507.1             Failure to notify Commission                                     $5,000

     

                1509                Change in fee schedule without notification              $500

     

    1510.3             Installation, adjustment, correction

    or repair of dome light outside of

    premises of licensed dome light

    installation business                                                    $500

     

                1512                Failure to comply with signage requirements             $250

     

                1513                Fraud                                                                           $25,000 and 

                                                                                                                            business license

                                                                                                                            revocation

     

                1514                Unlawful Activities                                                    $25,000 and 

                                                                                                                            business license

                                                                                                                            revocation      

     

    1515                Failure to Notify                                                         $1,000

     

    1516                Failure to notify                                                          $1,000

     

    1517.1             Bribery of Commission                                               $25,000 and

                                                                                                                business license

                                                                                                                revocation

     

    1517.2             Failure to report                                                          $10,000

                           

    1517.3             Acceptance of bribe                                                    $25,000 and                                                                                                                            business license

                                                                                                                revocation

     

    1517.4             Failure to notify Commission                                     $10,000

     

    1518                Threats, harassment, or abuse                                     $10,000 and

                                                                                                                business license

                                                                                                                revocation

     

                1519                Failure to cooperate with Commission                       $500

     

    1520                Work by Non-Certified Technician                            $500

     

                1522                Failure to notify Commission                                     $1,000

     

                1524                Installation without inspection                                   $1,000

     

                1525                Unauthorized work                                                     $5,000

     

                1526                Defective certification/inspection                               $1,000

     

                1527                Requiring repair work                                                 $1,000

     

                1528                Overcharge                                                                  $250

     

    1529                Sale of unapproved dome light for

     installation                                                                  $500

                                        on a taxicab licensed by the DCTC

     

    1530                Failure to keep appropriate records                             $100 per record

     

    1531.2             The civil fines set forth in this section shall be doubled for the second (2nd) violation of the same infraction, and shall be doubled once more for any subsequent violation or violations of the same infraction.

     

    1531.3             The Office of Administrative Hearings shall conduct hearings for violations of infractions delineated in Chapter 15.

     

    1531.4             In addition to the civil fine, failure to pay the fine or request a hearing within fifteen (15) calendar days of the issuance of a notice of infraction may result in the imposition of a penalty equal to the amount of the civil fine.

     

    1531.5                          Failure to appear for a requested hearing may result in the imposition of a penalty equal to twice the amount of the civil fine.

     

     

    1599                DEFINITIONS

     

    1599.1        The words and phrases in this chapter shall have the meanings set forth below:

     

    Applicant –  An individual, partnership or corporation seeking a dome light installation business license from the Commission.

     

    Commission – The DC Taxicab Commission.

     

    Dome light– An instrument or device approved by the Commission which is attached to the top of a licensed taxicab to illuminate the assigned taxi number and display a taxi’s availability For Hire.

     

    Dome light installation business – Any business which engages, in whole or in part, in the manufacture, sale (whether of new or used equipment), installation, repair, or adjustment of taxi dome lights for use on any licensed taxi vehicle in the District of Columbia including any business which engages in whole or in part in the installation of taxicab cruiser lights.

     

    Dome light installation business owner – An individual, partnership, or corporation licensed by the Commission to own and operate a dome light installation business.

     

    Driver – A person licensed by the Commission to drive a licensed DC taxicab in the District of Columbia.

     

    Mailing address – The address designated by an applicant or licensee for the receipt of all

    notices and correspondence from the Commission. Unless otherwise approved in advance, the mailing address of a dome light installation business licensee shall be the street address of the business.

     

    Owner – An individual, partnership, limited liability company, or corporation licensed by the Commission to own and operate a taxicab or taxicabs.

     

    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.