4235425 New Chapter 16 establishes substantive rules governing the administration and operation of dispatch services in the District of Columbia.

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, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-320(a)) (2012 Supp.), hereby gives notice of proposed rulemaking to establish a new Chapter 16 (Dispatch Services) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR). The rulemaking establishes substantive rules governing the administration and operation of dispatch services in the District of Columbia.

 

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 add Chapter 16, DISPATCH SERVICES, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, to read as follows:

 

                        CHAPTER 16           DISPATCH SERVICES

 

1600                APPLICATION AND SCOPE

 

1600.1             The purpose of this chapter is to establish substantive rules governing the administration and operation of dispatch services for public vehicles-for-hire, including rules to ensure the safety of passengers and operators, for consumer protection, and to collect a passenger surcharge. 

 

1600.2             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, D.C. Official Code §§ 50-301 et seq.

 

1600.3             In the event of a conflict between a provision of this chapter and a provision of another chapter of this title, the more restrictive provision shall control.

 

1601                GENERAL REQUIREMENTS

 

1601.1             Each dispatch service shall maintain a bona fide administrative office or a registered agent authorized to accept service of process, in compliance with the applicable provisions of Chapters 5 and 6 of this title. 

 

1601.2             Each dispatch service shall maintain a customer service telephone number for passengers with a “202” prefix or a toll-free area code, or an email address posted on its website that is answered or replied to during normal business hours.

 

1601.3             Each dispatch service shall charge passengers only the following fares and charges for a trip in a dispatched public vehicle-for-hire:

 

                        (a)        For taxicab service, the rates and charges permitted by Chapter 8 of this title;

 

                        (b)        For sedan service, the rates and charges permitted by Chapter 14 of this title; and

 

                        (c)        The applicable passenger surcharge.

 

1601.4             Each dispatch service shall maintain a website that includes:

 

                        (a)        The name of the dispatch service;

 

                        (b)        Contact information for its bona fide administrative office or registered agent authorized to accept service of process;

 

                        (c)        The dispatch service customer service telephone number or email address;

 

                        (d)       A statement of the rates and charges applicable to each class of service offered by a digital dispatch service (“DDS”) pursuant to § 1601.6, including, for sedan service, whether the digital dispatch service uses surge or demand pricing and, if so, how such pricing affects charges; and

 

                        (e)        The following statement prominently displayed:                              

 

 

 

 

 

 

 

 

 

 

 

1601.5             Each dispatch service shall be operated only in compliance with §§ 508 - 513 of this title, to the same extent as a taxicab company.

 

1601.6             Each dispatch service shall be available throughout the entire District of Columbia.

 

1601.7             Requirements for dispatches.  Each dispatch, regardless of the combination of technologies used to connect a passenger to a public vehicle-for-hire, shall contain the following elements:

 

(a)        Such advertising, public service announcements, communications, or other content as determined by the dispatch service; and

 

                        (b)        The following communications, in the following order:

 

(1)        A communication between the passenger and the dispatch service during which the passenger shall be permitted to request a wheelchair-accessible vehicle, if available;

 

(2)        An offer of service by the dispatch service to the passenger, which, if for sedan service, shall disclose the fare calculation method using the fare information posted at that time on the dispatch service website and shall provide the passenger with an estimated fare;

 

(3)        An acceptance of service by the passenger; and

 

(4)        An acknowledgement by the dispatch service with an estimated time of arrival of the booked vehicle.

 

1601.8             Each dispatch service shall require a booked operator to pick up the passenger at the time and location agreed in the dispatch.

 

1601.9             A dispatch service shall not release information to any person that would result in a violation of a passenger’s personal privacy or threaten the safety of a passenger or an operator, or release or permit an unauthorized person to gain access to real-time information about the location, apparent gender, or number of passengers who are awaiting pick up. This section shall not limit access to information by public vehicle inspection officers and other law enforcement personnel, or by other authorized officials of the Office.

 

1601.10           Each dispatch service shall:

 

(a)        Store its business records in a safe and secure manner, and in compliance with industry best practices and applicable federal and District law;

 

(b)        Make its business records (including business records relevant to compliance with this title by both the dispatch service and by its associated organizations, operators, and vehicles) available for inspection and copying during regular business hours at the Office or at its bona fide administrative office, if maintained, within five (5) business days of its receipt of a written demand from the Office; and

 

(c)        Retain its business records for at least five (5) years.

 

1601.11           A dispatch service shall notify the Office if it learns 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 other applicable law.

 

1601.12           Each dispatch service shall only use technology that meets Open Web Application Security Project (“OWASP”) security guidelines, that complies with the current standards of the PCI Security Standards Council (“Council”) for payment card data security, if such standards exist, and, if not, then with the current guidelines of the Council for payment card data security, and, that, for direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association.

 

1601.13           Each dispatch service shall be in compliance with all applicable provisions of this title and other laws applicable to public vehicles-for-hire, including all reciprocal agreements between governmental bodies in the Washington Metropolitan Area governing public vehicle-for-hire service such as those in § 828 of this title.

 

1601.14           Each dispatch service and its owners, operators, officers, employees, agents, and representatives shall, at all times, cooperate with the instructions of public vehicle enforcement inspectors, other law enforcement officers, and other authorized officials of the Office and General Counsel to the Commission.

 

1602                OPERATING AUTHORITY

 

1602.1             No person may operate a central dispatch service in the District of Columbia without a certificate of operating authority issued by the Office for a taxicab company pursuant to Chapter 5 of this title.

 

1602.2             No person may operate a digital dispatch service in the District of Columbia without a certificate of registration issued pursuant to this section.

 

1602.3             A person seeking to operate a digital dispatch service in the District of Columbia may submit an application for a certificate of registration by filing an application with the Office under penalty of perjury, accompanied by a fee of one-thousand dollars ($1,000), and including the following information:

 

                        (a)        The name, address, and telephone numbers of the applicant;

 

                        (b)        The name, address, and telephone numbers of the proposed digital dispatch service, including the owner and operator;

 

                        (c)        The name and contact information of other public vehicle-for-hire businesses or services associated with the proposed digital dispatch service (such as a taxicab company under Chapter 5 of this title or a payment service provider under Chapter 6 of this title), if any;

 

                        (d)       The contact information for the bona fide administrative office or registered agent authorized to accept service of process;

 

                        (e)        The customer service telephone number or email address;

 

                        (f)       The URL for the digital dispatch service’s website;

 

                        (g)        The trade names used by the proposed digital dispatch service for the services it wishes to offer within and outside the District;

 

                        (h)        The names and versions of the mobile and web applications the digital dispatch service proposes to use for digital dispatch and digital payments;

 

                        (i)         Information and documentation showing that the digital dispatch service is licensed to do business in the District of Columbia and is in compliance with all laws, rules, and regulations concerning the operation of a place of business in the District, or maintains a registered agent authorized to accept service of process, provided, however, that a digital dispatch service operated by a taxicab company licensed under Chapter 5 of this title shall maintain a bona fide administrative office;

 

                        (j)         A certification that the digital dispatch service is in compliance with the clean hands requirements of D.C. Official Code § 47-2862; and

 

                        (k)        A statement of whether the digital dispatch service anticipates or is concurrently seeking approval from the Office to provide digital dispatch of taxicabs, sedans, or both.

 

1602.4             An applicant for a renewal certificate of registration shall provide the following:

 

                        (a)        The information or documentation required for an application for a new certificate of registration to the extent required by the Office; and

 

                        (b)        A list of any incidents since the prior certificate of registration was issued involving:

 

                                    (1)       A payment dispute of twenty-five dollars ($25) or more for a taxicab trip or fifty dollars ($50) or more for a sedan trip;

 

                                    (2)        Fraud, misrepresentation, or criminal activity in connection with its services;

 

                                    (3)        Failure to provide a wheelchair-accessible vehicle to a passenger if one was available; or

 

                                    (4)        Failure to comply with the anti-discrimination rules of Chapter 5 of this title.

 

1602.5             The Office shall verify all information and documentation provided by the applicant for a new or renewal application, and may require the applicant to provide additional information to complete the application. 

 

1602.6             A decision to grant or deny a new or renewal application shall be made by the Office within thirty (30) days of the filing of the application, except that this time may be extended by the Office for fifteen (15) days upon written notice to the applicant.   

 

1602.7             If the Office grants an application, it shall issue a new or renewal certificate of registration in a form setting forth such information as the Office deems appropriate.

 

1602.8             If the Office denies an application on any ground, it shall transmit a written notice of denial to the applicant.  The notice shall summarize the reasons for the Office’s decision.  A denial may be appealed to the Chairman within fifteen (15) business days after the notice is sent.  If not appealed during such period, the Office’s decision shall constitute a final decision of the Commission.  If the notice is appealed within the fifteen (15) business day time period, the Chairman shall issue a decision on an appeal within thirty (30) days.  A timely appeal of a denial of a renewal application shall extend a DDS’s privilege to operate under its existing certificate of registration 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 Commission.  A decision of the Chairman to remand a denial of a renewal application with instructions to the Office shall extend a DDS’ privilege to operate under its existing certificate of registration pending the final decision of the Office or of the Chairman, if a subsequent denial is also appealed. 

 

1602.9             A new certificate of registration shall be effective for one (1) year from the date of its issuance.

 

1602.10           An application for a renewal certificate of registration shall be filed not less than forty-five (45) days prior to the expiration of an existing certificate of registration, but this deadline may be extended for good cause shown.

 

1602.11           While an application for a new certificate of registration is pending, any material change in the information required by this section, or any change in identifying or contact information relating to persons, entities, or vehicles shall be reported to the Office within three (3) business days.

 

1602.12           The Office shall deny an application that contains materially false information that was provided to induce approval or as to which materially false information was provided to the Office to induce approval.

 

1603                PROVISION OF ADDITIONAL SERVICES

 

1603.1             A dispatch service may be operated by a person that offers other services regulated by this title (such as a taxicab company under Chapter 5 of this title or a payment service provider under Chapter 6 of this title) provided that the other services are provided in compliance with all applicable provisions of this title and other applicable laws, and may share a place of business with such other service if such place of business is in compliance with this title and other applicable laws including the requirement for a certificate of occupancy provided by the Department of  Consumer and Regulatory Affairs. 

 

1603.2             A dispatch service with valid and current authority to operate under this chapter may dispatch taxicabs in compliance with the provisions of this chapter and Chapters 6 and 8 of this title.

 

1603.3             A digital dispatch service with valid and current authority to operate under this chapter may dispatch sedans as provided in this chapter and Chapter 14 of this title.

 

1604                PROHIBITIONS

 

1604.1             No person may operate a dispatch service or dispatch a public vehicle-for hire in the District of Columbia except as provided in this chapter.

 

1604.2             No dispatch service may assess, collect, process, or charge any person a rate or charge in connection with a trip in a public vehicle-for-hire that does not meet the requirements of § 1601.3. 

 

1604.3             No dispatch service may alter or attempt to alter its legal obligations under this title or to impose an obligation on any person that is contrary to public policy or that threatens passenger or operator safety, or consumer protection.

 

1604.4             A dispatch service shall not associate with an operator who is currently providing public vehicle-for-hire service using a vehicle owned by a person providing a dispatch service to its associated operators. 

 

1605                ENFORCEMENT

 

1605.1             The enforcement of any provision of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.        

 

1606                PENALTIES

 

1606.1             A dispatch service that violates this chapter shall be subject to:

 

                        (a)        A civil fine of five hundred dollars ($500) for the first violation of a provision, one-thousand dollars ($1,000) for the second violation of the same provision, and one-thousand five-hundred dollars ($1,500) for each subsequent violation of the same provision;

 

                        (b)        Suspension, revocation, or non-renewal of a Certificate of Registration or Certificate of Operating Authority;

 

                        (c)        Any penalty available under Chapter 6 in connection with the service and support of an MTS for the operation of taxicabs or under Chapter 14 in connection with the service and support of an SPS for the operation of sedans; or

 

                        (d)       Any combination of the sanctions listed in this subsection.

 

1699                DEFINITIONS

 

1699.1             The terms “cashless payment,” “modern taximeter system,” “MTS,” “payment service provider” and “PSP” shall have the meanings ascribed in Chapter 6 of this title.

 

1699.2             The term “sedan” shall have the meaning ascribed to it in Chapter 12 of this title.  

 

1699.3             The terms “digital payment,” “sedan payment system,” and “SPS” shall have the meanings ascribed to them in Chapter 14 of this title.

 

1699.4             The term “person” and “license” shall have the meanings ascribed to them in the D.C. Administrative Procedure Act, D.C. Official Code § 2-502.

 

1699.5             The following words and phrases shall have the meanings ascribed:

 

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

 

                        “Central dispatch” is dispatch via telephone, radio, or other non-digital means. 

 

                        “Digital dispatch” is dispatch via computer, mobile phone application, text, email, or Web-based reservation.

 

                        “Digital payment” means a non-cash payment processed by a digital dispatch service and not by the vehicle operator, such as a payment by a payment card (a credit or debit card), processed through a mobile- or Web-based application.  A digital payment does not mean a “cashless payment” as such term is defined in Chapter 6 of this title.

 

                        “Dispatch” is the booking of a trip by a public vehicle-for-hire through an advance reservation.

 

                        “Dispatch service” is a business that offers central or digital dispatch. 

 

                        “Passenger surcharge” means the surcharge required to be collected and remitted to the Office for each trip in a taxicab or sedan, in an amount established by Chapter 6 for taxicabs, and by Chapter 14 for sedans.

 

 

 

Copies of the intended rulemaking can be obtained at www.dcregs.dc.gov or by contacting Jacques 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 intended rulemaking should submit written comments via e-mail to [e-mail] or by postal mail or hand delivery to the DC Taxicab Commission, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, D.C. 20020, Attn: Jacques Lerner, Interim General Counsel and Secretary to the Commission. Comments should be filed within thirty (30) days after publication of this notice in the D.C. Register.