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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in sections 8(c)(2) (3), (4) and (5) 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(c)(2), (3), (4) and (5) (2009 Repl.; 2012 Fall Supp.)); and Section 20g(a)(3) of the Taxicab Service Improvement Amendment Act of 2012, effective October 22, 2012 (D.C. Law 19-59 DCR 9431) 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 amendments: (1) limit the ability to place a new vehicle into service during the implementation of the Taxicab Service Improvement Amendment Act of 2012 (“Act”), which requires the modernization of taxicabs by making vehicle and equipment improvements including uniform color, (2) establish a procedure for granting a waiver for accidents and mechanical failures, (3) establish a procedure for an exemption in other cases, and (4) would allow a vehicle otherwise required by this section to be removed from service to remain in service without interruption.
This Emergency and Proposed Rule was adopted on December 12, 2012, and became effective on December 21, 2012. The emergency rulemaking will remain in effect for up to one hundred twenty (120) days after the date of adoption, expiring on April 11, 2012, or upon adopting of a final rulemaking, earlier amendment, or repeal by the Commission, whichever occurs first.
This emergency rulemaking 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 the Act, and all of its associated mandates, will continue to significantly improve public safety and accountability in public transportation in the District. This emergency rulemaking is necessary to achieve a requirement and purpose of the Act: to modernize taxicabs by making vehicle and equipment improvements, including uniform color. Failure to take the emergency rulemaking action herein would result in the placement into service of additional vehicles not conforming to the uniform color.
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 609, AGE OF TAXICAB, is amended as follows:
New subsections 609.6 through 609.10 are added to read as follows:
609.6 Effective immediately, subsections 609.2 and 609.3 of this section are suspended and shall not be enforced by the Commission until July 1, 2013, at which time they shall resume their effect and shall be enforced as if this suspension had not occurred.
609.7 Effective immediately, and notwithstanding any other requirement of Title 31 of the DCMR, no vehicles shall be placed into service until July 1, 2013.
609.8 An exemption to subsection 609.7 will be granted by the Office of Taxicabs upon execution of a written agreement in a form incorporating such terms as are required by the Commission, including but not limited to:
(a) The vehicle shall be repainted at the sole expense of the vehicle owner and/or operator;
(b) The vehicle repainting shall comply with such rules concerning a uniform color scheme as may be promulgated by the Commission in the future;
(c) The repainting shall occur no later than the deadline stated in the agreement; and
(d) The repainting shall be done to the satisfaction and subject to the approval of the Commission.
609.9 A waiver to subsection 609.7 in cases of accidents and mechanical failures will be granted by the Office of Taxicabs only in response to a formal, written request by the owner or operator of the vehicle that includes:
(a) Execution of a written agreement pursuant to subsection 609.8, and
(b) Any and all documentary evidence of the accident or need for an equipment change, including but not limited to:
(1) Any police and/or accident reports; or notarized proof of mechanical vehicle failure;
(2) A notarized proof of vehicle purchase after December 12, 2012, and
(3) Proof of insurance.
609.10 An exemption or waiver granted pursuant to this section may be revoked by the Commission upon a finding that the vehicle was not properly or timely repainted to the uniform color scheme rules. If an exemption or waiver is revoked, the vehicle shall immediately be removed from service, and the owner and operator of such vehicle also will be subject to any applicable fines and penalties listed in section 825.
Copies of this emergency and 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.
