4167913 Notice of Final Rulemaking to amend Chapter 6 of Title 31.  

  • DISTRICT OF COLUMBIA TAXICAB COMMISSION

     

    NOTICE OF FINAL RULEMAKING

     

    The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in Sections 8(c)(2) (3), (4), (5), (7), (11), (18), (19), 14, 20 and 20a 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), (5), (7), (11), (18), (19), 50-313, 50-319 and 50-320 (2009 Repl.; 2012 Fall Supp.)); D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2005 Repl; 2012 Supp.), hereby gives notice of its adoption of 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 amendments: (1) establish a new dome light mandate and (2) update penalties and fines.

     

    The Emergency and Proposed Rulemaking was originally adopted on July 18, 2012, became effective on July 25, 2012 and was published in the D.C. Register on July 27, 2012, at 59 DCR 8851. The Commission held a public hearing on August 22, 2012 to receive oral comments on the Commission’s proposed amendments to Chapter 6. The Commission received valuable comments from the public and revised the proposed rules in light of the suggestions and comments received at the public meeting and during the written comment period, which expired on August 25, 2012. The Emergency and Proposed Rulemaking was adopted on October 2, 2012, published for a second time on October 5, 2012, at 59 DCR 11594 and took effect immediately. The comment period expired November 3, 2012. The Commission received no further comments on the proposed rulemaking.

     

    The Commission adopted the rulemaking as final on November 14, 2012.  Deletions were made to the proposed rulemaking in subsections 604 and 605. These deletions clarify the original intent of the proposed rulemaking and prevent the imposition of requirements with which taxicab owners and operators would be unable to comply; no substantive changes have been made to the proposed rulemaking.

     

    These final rules will become effective upon 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.

     

    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               No later than April 30, 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 and any further specifications provided by the Commission:  

     

    (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

     

    (d)               The left part of the Dome Light shall be silver in color with the PVIN etched in white plastic acrylic letters and housing a bulb to illuminate the PVIN, with further specifications to be provided by the Commission;

     

    (e)                The right portion of the Dome Light shall be silver in color with a clear acrylic cover that shall contain a single line LED programmable moving display that scrolls “TAXI FOR HIRE”;

     

    (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 pursuant to Chapter 15 of this title.

                                       

    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.)).