4171502 Notice of Proposed Rulemaking to amend Chapter 6 of Title 31.

  • DISTRICT OF COLUMBIA TAXICAB COMMISSION

     

    NOTICE OF PROPOSED RULEMAKING

     

     

    The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in Sections 8(b)(1) (C), (D), (E), (F), (G), (I), (J), 14, and 20 of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(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 6052 of the District of Columbia Taxicab Commission Fund Amendment Act of 2012 (“Commission Fund Amendment Act”) effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-320(a))(2012 Supp.)), hereby gives notice of proposed rulemaking action taken on January 30, 2013, 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).

     

    Through this Notice, the Commission invites public comments prior to the publication of a Notice of Final Rulemaking in the D.C. Register.  Directions for submitting comments may be found at the end of this Notice.  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.

     

    The Commission intends to amend Chapter 6, TAXICAB PARTS AND EQUIPMENT, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, by adding a new Section 604, MODERN TAXIMETER SYSTEMS, to read as follows:

     

    604.1               Implementation of Modern Taximeter Systems (“MTS”) in All Taxicabs. Effective March 30, 2013 (“Implementation Date”):

     

                            (a)        Each licensed taxicab in the District of Columbia shall be equipped with and operated only through the use of an approved MTS installed by an Authorized MTS Installation Business;

     

                            (b)        Each taxicab company, association, fleet, and independent operator in the District of Columbia shall have an approved MTS installed by an Authorized MTS Installation Business in each of its vehicles; and

     

                            (c)        Any vehicle permitted by this title to be put into service shall be equipped with an approved MTS installed by an Authorized MTS Installation Business.

     

    604.2               Beginning on the Implementation Date, any taxicab not equipped with an MTS approved by the Office of Taxicabs (“Office”) to process fares and charges, and to collect the Passenger Surcharge, shall be in violation of this Section, and shall be subject to the penalties prescribed in Subsection 604.18, including impoundment pursuant to the provisions of 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) (2011 Supp.).

     

    604.3               An MTS shall pair equipment meeting the Equipment Requirements of Subsection 604.13 with the services of a single Payment Service Provider (“PSP”) that meets the Service and Support Requirements of Subsection 604.14.  An authorized representative of a PSP may submit an application for approval of one or more proposed MTS(s) under the Review Process of Subsection 604.15.  The Commission shall review and test each MTS, and issue its approval where the PSP demonstrates to the satisfaction of the Commission that the MTS meets all the requirements of Subsections 604.13, 604.14, and 604.15. 

     

    604.4               A business providing another service to the public vehicle-for-hire industry, such as a digital or central dispatch service, may operate a PSP provided it is in compliance with all the requirements of this title.

     

    604.5               A business approved to act as a PSP under this Section will not be entering into a contractual relationship with the District of Columbia

     

    604.6               All costs associated with an MTS, including the costs of installation, operation, repair, lease, modification, integration with the taximeter, service and support of the PSP, maintenance, upgrade, improvement, and all other related costs thereof, shall be the responsibility of the owner or operator, as may be allocated by any existing written agreement not inconsistent with this title, but may be paid in whole or in part by the PSP, by a taxicab company, association, or fleet, or by any other person.

     

    604.7               The “Passenger Surcharge” is a fifty-cent ($.50) per trip surcharge that shall be collected and remitted to the Commission for each and every trip in a District of Columbia taxicab.

     

    604.8               A “Surcharge Account” is an account established and maintained by the PSP with the Commission for the purpose of processing the Passenger Surcharge.

     

    604.9               A “Cashless Payment” means payment by payment card (a credit or debit card including but not limited to MasterCard, VISA, American Express, and Discover), presented by the passenger to the vehicle operator at the end of the trip and processed through the MTS equipment, without regard to the availability of other forms of non-cash payment offered by a PSP not inconsistent with this Section, such as payment via near-field communications or Web or mobile application.

     

    604.10             A “PVIN” or Public Vehicle-for-hire Identification Number is a unique number assigned by the Office of Taxicabs to each public vehicle-for-hire.

     

    604.11             “Associated” connotes a voluntary relationship of employment, contract, ownership, or other legal affiliation.  For purposes of this Section, an association not in writing shall be ineffective for compliance purposes.

     

    604.12             In the event of a conflict between a provision of this Section, and any other provision of this title applicable to public vehicles-for-hire, including any penalty provision, the more strict provision shall control.

     

    604.13             Equipment Requirements.  An MTS shall incorporate any reasonable combination of modern, fixed or mobile, hardware technology components, such as a Bluetooth-enabled Smartphone, mobile data terminal, or tablet, with an attached or integrated credit card reader, that either links to an existing taximeter or replaces it, and shall:

     

    (a)                Allow the PSP to validate the operator in real-time through a password unique to each operator, as required by Subsection 604.14(i)(i);

     

    (b)               Collect, and allow the PSP to report to the Commission all the electronic trip data for each trip, as required by Subsection 604(i)(ii);

     

    (c)                Allow the PSP to process the Passenger Surcharge for each trip, regardless of the form of payment, as required by Subsection 604(i)(iii);

     

    (d)               Allow the PSP to process a Cashless Payment, a cash payment, and any other type of non-cash payment that the PSP may choose to offer;

     

    (e)                Display text messages from the Office and only permit responses when the vehicle is stationary and only via pre-programmed responses;

     

    (f)                Integrate with or replace the taximeter;

     

    (g)               Use a wireless 3G or better cellular data connection;

     

    (h)               Use a high-sensitivity Global Positioning Satellite (“GPS”) receiver that provides failover geo-coding using mobile wireless networks;

     

    (i)                 Record all trips made by the vehicle;

     

    (j)                 Print paper receipts and, if the passenger chooses, allow the operator to trigger the sending of an electronic receipt via email or SMS text service no later than when the passenger exits the vehicle containing at least:  date and time; mileage of trip; trip number; PVIN; operator license (Face Card) number; itemization of the fare, including tolls, surcharges, additional charges; gratuity; and number of passengers;

     

    (k)               Not store or allow the operator to access the passenger’s payment information after receiving authorization for the payment;

     

    (l)                 Have only once physical access-point to the taximeter if it uses a wired connection and allows only one wireless device to be paired to the taximeter if it uses a Bluetooth connection;

     

    (m)             Not incorporate or connect to any display, fixed or mobile, that is intended to be viewed by passengers and that provides advertising, promotion of the MTS or PSP, public service announcements, or similar information, but shall be upgradeable to incorporate and connect to such technology without significant modification or cost;

     

    (n)               Meet OWASP security guidelines, and complies with current standards issued by the Payment Card Industry Security Standards Council (“Council”) for payment card data security and with the requirements of Section 508 of the Rehabilitation Act of 1973; and

     

    (o)               Not use, incorporate, or connect to hardware or software available for personal use by the owner or operator of the vehicle.

     

    604.14             Service and Support Requirements.  Each MTS shall operate only in combination with a single PSP that shall:

     

                            (a)        Be in compliance with this title, and with all other applicable Federal and District licensing, permitting, registration, anti-discrimination, and taxation requirements for a business operating in the District;

     

                (b)        Be in compliance with the clean hands requirements of D.C. Official Code § 47-2862 (2005 Repl. & 2011 Supp.);

     

                (c)        Either maintain a bona fide administrative office, consisting of a physical office in the District of Columbia in the same manner applicable to a taxicab company under Chapter 5 and in compliance with all laws, rules, and regulations concerning the operation of a place of business in the District, or maintain a registered agent authorized to accept service of process, provided, however, that a PSP operated by a taxicab company, fleet, or association, shall maintain a bona fide administrative office;

                           

                (d)       Maintain with the Office a Vehicle Inventory that accurately reflects the vehicles in which MTS equipment is installed and the operators authorized to use it, and that meets the following additional requirements:          

     

                                        (1)        An initial inventory shall be filed with the application for review and approval of the MTS;

     

                                        (2)        At all times after the filing of an initial inventory, each PPS shall routinely maintain its inventory to insure accuracy, through such means and at such times as required by the Commission, and shall cooperate with Commission to insure that the requirements of this Subsection are met;

     

                                        (3)        For each vehicle, the inventory shall contain:  the name of and contact information for its owner(s), including work, home, and cellular telephone numbers; the vehicle’s PVIN, make, model, and year of manufacture; certification by the PSP that the vehicle is in compliance with the insurance requirements of Chapter 9 of this title; an indication of whether the vehicle is wheelchair accessible; an indication with whether the vehicle is in active use; and, if the vehicle is associated with a taxicab company, association, or fleet, the name of and contact information for such company, association, or fleet;

     

                                        (4)        For each operator, the inventory shall contain:  the name of and contact information for such operator, including work, home, and cellular telephone numbers; his or her DCTC operator license (Face Card) number; an indication of whether such operator is actively using the MTS; and, if he or she is associated with a taxicab company, association, or fleet, the name of and contact information for such company, association, or fleet;

     

                                        (5)        The Office may remove a vehicle or operator from the inventory at any time with reasonable notice to the PSP if such vehicle or operator is not legally authorized or permitted to operate, or if a particular MTS installation is no longer authorized or permitted; and

     

                (e)        Provide live technical support to vehicle operators via a local “202” or toll-free telephone number answered promptly by technical support staff based in the Washington Metropolitan Area, 24 hours per day, 365 days per year;

     

                (f)        Store its business records in a safe and secure manner, and in compliance with industry best practices and applicable Federal and District law; make the records reflecting its compliance with this chapter available for inspection and copying at the Office within five (5) business days following its receipt of a written demand from the Office, and by Public Vehicle Inspection Officers or other Office staff or Commission legal counsel, during normal business hours at a bona fide administrative office, if maintained; and retain its business records for at least five (5) years;

     

                (g)        Notify the Office promptly following its receipt of notice of a security breach as to which a report must be made pursuant to the D.C. Consumer Personal Information Security Breach Notification Act of 2006, D.C. Official Code § 28-3851, et seq. or applicable Federal law;

     

                (h)        For the processing of its cashless payments, as defined in Section 604.9, uses only technology that meets OWASP security guidelines, and complies with the current standards issued by the Payment Card Industry Security Standards Council (“Council”) for payment card data security (“PCI Standards”) and, for the processing of other non-cash payments, such as near-field device or payment via mobile- or web-based application, complies with applicable guidelines of the Council, and for all direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association;

     

                            (i)         Maintain a data connection to the MTS equipment installed in each vehicle that shall do all of the following:

     

                                        (1)        Validate the status of the operator’s DCTC operator’s license (Face Card) in real-time by connecting to the Office’s Back Office Management Information System (“BOMIS”), to ensure the license is not revoked or suspended, and that the operator is in compliance with the insurance requirements of Chapter 9;

     

                                        (2)        Report to the Office every twenty-four (24) hours via a single data feed electronic trip data, which means geospatially marking the pick-up, drop-off and current taxicab location information, and capturing and transmitting to the BOMIS in a data structure consistent across all PSPs as established by the Office, the following information:

                           

                                                    (A)       The date,

     

                                                    (B)       Anonymously-reported but unique operator license (Face Card) number, PVIN, and tag number;

     

                                                    (C)       The name of the taxicab company, association, or fleet if applicable;

     

                                                    (D)       The time at beginning of tour of duty;

     

                                                    (E)       The time and mileage of each trip;

     

                                                    (F)       The time and geospatially recorded place of origin and time and geospatially recorded place of destination of each trip;

     

                                                    (G)       The number of passengers and fare charged for each trip;

     

                                                    (H)       The time at the end of each tour of duty

     

                                                    (I)        The unique trip number;

     

                                                    (J)        The itemized fare including any tolls, surcharges, and any gratuity for credit or debit purchases;

     

                                                    (K)       The form of payment (Cashless Payment (including the brand of payment card), cash, voucher, or any other type of non-cash payment the PSP may choose to offer); and

     

                                        (iii)       Process each payment for each trip, regardless of the form of payment, and regardless of whether the trip was booked through dispatch or resulted from a street hail; and

     

                            (j)         Maintain a Surcharge Account and remit surcharge payments according to the following requirements:

     

                                        (1)        The account shall be opened within ten (10) days after the Office issues its conditional approval of the MTS pursuant to Section 604.15;

     

                                        (2)        The account shall be opened by depositing with the Office a security bond in the amount of fifty-thousand dollars ($50,000.00), payable to the D.C. Treasurer, which shall remain in force and effect for one (1) year following any action (including a decision to not take an allowable action) that results in the MTS no longer being approved, and by taking such further steps as may be necessary to earn a final approval pursuant to Section 604.15;

     

                                        (3)        After the MTS receives its final approval pursuant to Section 604.15 and throughout the period of its operation and use by any operator, the PSP shall remit a payment to the D.C. Treasurer at the end of each seven (7) day period reflecting the sum of all Passenger Surcharges owed for all vehicles using the MTS during that period which shall correlate with the trip data from the MTS it provided during such period, and shall send contemporaneously via email a report to the Office certifying its payment and providing a basis for the amount thereof;

     

                                        (4)        The PSP shall cooperate in good faith with the Office in the event of any discrepancy between a payment and the trip data from the MTS, provided however, that if the PSP and Office are unable to agree on a resolution of a dispute within thirty (30) days, the Office may, in its discretion, make a claim against the security bond to satisfy the amount of the discrepancy;

     

                                        (5)        The account shall be closed and the bond returned to the PSP within thirty (30) days following any action (including a decision to not take an allowable action) that results in the MTS no longer being approved, provided however, that the bond shall not be returned during such time as there remains a discrepancy in the amount owed for Passenger Surcharges, which shall be resolved as provided in this Subparagraph.

     

    604.15             A Review Process for applications shall include:

     

    .                       (a)        An authorized representative of a PSP may submit an application for                            approval of one or more proposed MTS(s) by filing an application with the             Office of Taxicabs (“Office”) under penalty of perjury, paying an                                       application fee of one-thousand ($1,000.00) for each MTS, and providing:

     

    (1)        Its name and contact information, and the name(s) of and contact information for its owners and operators;

     

    (2)        Information and documentation demonstrating that the equipment for each proposed MTS meets the System Requirements in Subsection 604.13;

     

    (3)        Information and documentation demonstrating that the PSP is in compliance with the Service and Support Requirements in Subsection 604.14;

     

    (4)        Information and documentation concerning any form of non-cash payment the PSP will offer other than Cashless Payment, such as near field device or the use of a payment card or Personal Identification Number processed via a mobile- or Web-based application;

     

    (5)        Such other information or documentation as the Office may require during the review process to determine that the MTS and each installation thereof will comply with and be operated in compliance with this title, including one or more demonstration(s) of its MTS equipment;

     

    (6)        A bank certification reflecting its ability to comply with the Surcharge Account initial deposit requirements;

     

    (7)        Its initial Vehicle Inventory;

     

    (8)        A blank sample of the operating agreement the PSP uses to associate with taxicab companies, associations, fleets, and independent operators, which shall contain such terms and conditions as the PSP may require, provided, however, that the operating agreement shall not impose obligations upon taxicab companies, associations, fleets, or independent operators inconsistent with the requirements of this title or other law applicable to public vehicles-for-hire; and

     

    (9)        Such other information and documentation related to establishing MPS compliance with this Section as the Office may require at that time or subsequently during the review process.

     

                            (b)        Throughout the review process, including the period during which the MTS is pending final approval pursuant to Subsection 604.15(f), the PSP shall bear the burden of establishing to the satisfaction of the Office that the MTS equipment, when paired with the service and support of the PSP, meets all the requirements of Subsections 604.13 and 604.14.  A failure to meet this burden shall result in the denial of conditional or final approval.

     

                            (c)        The Office shall complete its review and issue its decision to conditionally approve or to reject the MTS within fourteen (14) days, provided however, that such period may be extended by the Office for no more than ten (10) additional days at the Office’s request, and that the Office shall not be required to have pending at any one time applications for review and approval of more than five (5) MTS systems (without regard to the number of applications) and may hold in abeyance its review of any applications over this number for such time as is necessary in order to stay within this limit. 

     

                            (d)       An applicant shall cooperate with Office staff throughout the review process, including at a scheduled demonstration of its MTS equipment.  An application may be rejected by the Office if the applicant does not cooperate in a timely and reasonable manner at the demonstration(s) or at any other point in the review process.  The Office may deny an application that contains or as to which materially false information is provided orally or in writing in order to induce approval.

                                 

                            (e)        An applicant shall be scheduled by the Office for one (1) demonstration of its MTS equipment, where the Office’s technical staff shall have the opportunity to examine and test the equipment and ask questions of the PSP’s technical staff, who shall attend the demonstration.  An applicant shall be given the opportunity for one (1) additional demonstration upon a showing of good cause, or if required by the Office. 

     

                            (f)        An approval by the Office shall be conditioned upon the PSP’s compliance with the Surcharge Account initial deposit requirements of Subsection 604.14(j) within ten (10) days after the Office issues its conditional approval.  The Office shall issue its final approval of the MTS at such time.  A failure to comply with this deadline shall result in the denial of final approval.

     

                            (g)        An approval of an MTS shall continue in effect for twelve (12) months, during which time no substantial change may be made without written approval from the Office.  A PSP shall promptly inform the Office of a proposed substantial change that would require written approval.   

     

                            (h)        Each approved MTS shall be listed on the Commission’s Website promptly following approval and shall remain listed until such approval is no longer effective.

     

                            (i)         Each approved MTS shall be submitted for re-approval at least sixty (60) days prior to the expiration of the approval, unless the Office provides otherwise in writing.  Re-approval shall require compliance with the procedures in this Subsection for an approval of a new MTS, except to the extent the Office does not so require.  An approval shall continue in force and effect beyond its expiration period during such time as an application for re-approval is pending in proper form.

     

                            (j)         The approval of an MTS may be suspended or revoked at any time by the Office with reasonable advance notice under the circumstances to the PSP if the Office acquires information that the MTS or the owners or operators using it are not in substantial compliance with this title or other law, rule, or regulation applicable to the taxicabs, provided however, that the approval of an MTS may be suspended immediately by the Chairman without advance notice but with prompt notice thereafter if the Office acquires information that the MTS or the vehicles owners or operators using it are in such non-compliance with this title or other law, rule, or regulation applicable to taxicabs so as to pose a significant threat to consumer protection or public safety.

     

                            (k)        If the Office denies an application for approval of an MTS on any ground, it shall state the reasons for its decision in writing.  A denial shall be based on a full and fair consideration of all information and documentation presented by the Applicant, including any demonstration(s) of the equipment. 

     

                            (l)         A denial of an application may be appealed to the Chairman of the Commission within fifteen (15) business days, and, otherwise, shall constitute a final decision of the Office.  The Chairman shall issue a decision on an appeal within thirty (30) days.  A timely appeal of a denial shall extend an MTS’s existing approval pending the Chairman’s decision on the appeal.  A decision of the Chairman to affirm or reverse a denial shall constitute a final decision of the Office.  A decision of the Chairman to remand to the Office for further review of the MTS shall extend an MTS’s existing approval pending the final decision of the Office. 

     

    604.16             Installation Requirements shall include:

     

                            (a)        The MTS equipment installed in a particular vehicle shall be certified in a meter calibration report issued by an Authorized MTS Installation Business as meeting all the applicable requirements of this Section, including integrating with or replacing the vehicle’s taximeter.

     

                            (b)        Each owner and operator shall be responsible for making arrangements to obtain an approved MTS, to obtain any necessary training on the use of the equipment, to have the equipment installed, and to have the installation certified for each vehicle by an Authorized MTS Installation Business, no later than the Implementation Deadline.

     

                            (c)        Each vehicle’s MTS installation shall be tested by an Authorized MTS Installation Business as part of the periodic vehicle inspection required in this title for such vehicle.

     

    604.17             Prohibitions concerning the MTS include:

     

    (a)          No person may operate a taxicab on or after the Implementation Date that is not equipped with and operated exclusively using a properly-functioning, approved MTS, installed by an Authorized MTS Installation Business, and collecting the Passenger Surcharge for each trip.

     

    (b)         A vehicle owner or operator shall not knowingly operate a vehicle with an MTS as to which the Office’s approval has been suspended, revoked, or not renewed.

     

    (c)                No person other than a PSP approved by the Office in connection with an MTS may provide to a District taxicab company, association, fleet, or independent operator any taxicab meter or payment services.

     

    (d)               No PSP may associate with a taxicab owner or operator where it knows or reasonably should know that such owner or operator is operating in violation of this title or other law or regulation applicable to public vehicles-for-hire.

     

    (e)                No person may process or collect a fare or charge that is not consistent with the fares and charges authorized by this title, including without limitation, a dispatch fee that exceeds two-dollars ($2.00) per dispatched trip or that was not disclosed to the passenger in advance of acceptance of the dispatch, a gratuity that the passenger does not wish to pay or a gratuity of an amount other than that which the passenger wishes to pay, or any demand or surge pricing.

     

    (f)                No PSP may provide services for an MTS except based on and in compliance with a written operating agreement between such PSP and each taxicab company, association, fleet or independent operator, a blank sample of which has been provided to the Office.

     

    (g)         No vehicle operator and PSP may associate with one another if, on the effective date of this Section, such operator is associated with a taxicab company that provides a central dispatch service, as required by Section 20l of the Act, unless, prior to associating, such taxicab company provides its written consent to the association in writing.  

     

    (h)         No PSP may alter or attempt to alter through agreement with any person, including by a “user agreement” with passengers, its legal obligations under this title.

     

    (i)           No PSP shall fail to cooperate in a timely manner with law enforcement officials, public vehicle enforcement officers and other representatives of the Office, and legal counsel to the Commission, in the enforcement and application of this title, including by failing to respond fully and completely to all questions, communications, notices, directives, and summonses.

     

    (j)                 No person may receive payment for a trip in a taxicab if the vehicle or the operator is not on the Vehicle Inventory at the time of the first event leading to the trip, such as when a dispatch begins or a street hail occurs.

     

    (k)               No operator may pick up or transport a passenger if the MTS printer component is not functioning properly and in compliance with this title.

     

    (l)                 No owner or operator may alter or tamper a component of the MTS or make any change in the vehicle that prevents the MTS from operating in conformity with the approval granted by the Office.

     

    (m)             No operator may operate a taxicab in which the MTS has been tampered with, broken, or altered.  The operation of a taxicab with a tampered, broken, or altered MTS shall give rise to a rebuttable presumption that the operator knew of the tampering, breaking, or alteration.

     

    (n)               No owner or operator may place tires or wheels of a different size, or off-size tires, on a taxicab without re-certification of the MTS. 

     

    (o)               No owner or operator may operate a taxicab with tires inflated other than within the range specified by the manufacturer. 

     

    (p)               No taxicab may be equipped with more than one MTS, except where expressly approved in writing by the Office.

     

    604.18             Penalties for violation of this section include:

     

                            (a)        Each violation of this Section by a taxicab company, association, fleet, or independent owner, by a person acting on behalf of a taxicab company, association, fleet, or independent owner, or by a taxicab operator, shall subject the violator to:

     

                                        (1)        The fines set forth in §§ 604.19 and 825 of this title;

     

                                        (2)        License (Face Card) suspension, revocation, or non-renewal of the operator or suspension, revocation, or non-renewal of the company, association, or fleet Certificate of Operating Authority;

     

                                        (3)        Impoundment of each vehicle found to be operating with an MTS the approval of which has been suspended, revoked, or not renewed, pursuant to the provisions of 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) (2011 Supp.);

     

                                        (4)        Confiscation of any MTS equipment being used in violation of this Section; or

     

                                        (5)        A combination of the sanctions listed in this Paragraph.

     

                           (b)        Each violation of this Section by a PSP or a person acting on a PSP’s behalf shall subject the violator to:

     

                                        (1)        The fines set forth in § 604.19 of this title, which shall be per operator and per vehicle unless otherwise noted;

     

                                        (2)        The suspension, revocation, or non-renewal of the approval of the MTS(s) associated with the PSP;

     

                                        (3)        Confiscation of any MTS or taximeter equipment being used in violation of this Section; or

     

                                        (4)        A combination of the sanctions listed in this Paragraph.

     

                            (c)        The penalties prescribed in parts (a) and (b) of this Subsection shall apply to any person who, at the time of prescribed conduct, lacks legal authority (including licensing, approval, or certification from the Commission or any other government agency), and engages in such conduct with intent to induce any other person to believe he or she has legal authority or with reckless disregard as to whether he or she has legal authority.

     

                            (d)       The Office may recommend to any other government agency the suspension or revocation of any license or privilege to do business in the District of Columbia for failure to comply with this Section, including any penalty imposed by the Office. 

     

                            (e)        Any person or entity may appeal a penalty issued under this Section to the Office of Administrative Hearings, except that actions to suspend or revoke the approval of an MTS under Subsection 604.15(i) (based on a significant threat to consumer protection or public safety) shall be heard within three (3) days by the Chairman and thereafter appealable as provided by law.

     

                604.19             Table of Penalties and Fines

     

                Section                        Violation                                             Penalty                         

               

    604.1; 604.2                Failure to have approved                    $1,000.00 and

    MTS in vehicle after                           impoundment

    implementation date                          

     

    604.1(b)                       Taxicab company permitting               $1,000.00 per vehicle

                                        operation of its vehicles without         and impoundment

                                        approved MTS

     

    604.1(a);                      Failure to use MTS, non-functioning  $500.00 and

    604.12;                        equipment, or failure to collect           impoundment

    604.17(a)                     Passenger Surcharge

     

    604.1(a);                      Willful failure to use MTS or  to         $2,500.00 and

    604.12                         collect the Passenger Surcharge          impoundment

    604.17(a) and (b)

     

    604.13(m)                    Unauthorized MTS advertising          $1,000.00

     

    604.14(c)                     Failure to maintain a bona fide           Revocation of

    administrative office or                       MTS approval

    registered agent                                   if not cured within

    fifteen (15) days

     

    604.14(d);                   Failure to maintain accurate                $1,000.00 per incident

    604.17(j)                      vehicle inventory

     

    604.14(e)                     Failure to provide live customer         $500.00

    Service to vehicle operators

     

    604.14(f)                     Failure to properly store records         $250.00

     

    604.14(f)                     Failure to allow inspection or $500.00

    copying of requested records

     

                604.14(g)                     Failure to notify the Office                $1,000.00

    of a security breach

     

    604.14(h)                     Failure to comply with security          $1,000.00

    guidelines and standards

     

    604.14(i)(i)                  Failure to validate operator                 $250.00 

     

    604.14(i)(ii)                 Failure to remit trip data                     $250.00

     

    604.14(i)(iii)                Failure to make timely or full              $1,000.00 per incident

    payment for Passenger Surcharges

     

    604.14(i)(iii)                Failure to submit timely report for      $500.00 per incident

    Passenger Surcharges

     

    604.17(d)                    Provision of MTS service without      $500.00

    written agreement

     

    604.17(e)                     Improper or unauthorized fare or        $250.00 and refund of fare

                                        charge                                                  or charge to passenger

     

                604.17(l)                      Tampering or altering MTS                 $1,000.00       

     

                604.17(m)                    Operating with tampered,                   $2,500.00 and

                                                    altered or broken MTS                        impoundment

     

                604.17(p)                     Operating with more than one MTS   $250.00

     

    Copies of this proposed rulemaking can be obtained at  www.dcregs.dc.gov or by contacting Jacques P. Lerner, General Counsel, 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 this proposed rulemaking should submit written comments via e-mail to dctc@dc.gov or by mail to the D.C. Taxicab Commission, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, D.C.  20020, Attn:  Jacques P. Lerner, General Counsel, no later than thirty (30) days after the publication of this notice in the D.C Register.

Document Information

Rules:
31-604