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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF EMERGENCY RULEMAKING
The Chairperson of the District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in section 6(a) and (d) of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-305(a) and (d)) (2009 Repl.); section 105 of the 2005 District of Columbia Omnibus Authorization Act, approved October 16, 2006 (120 Stat. 2023; D.C. Official Code § 50-381(a) (2009 Repl.)); Mayor’s Order 2007-231, dated October 17, 2007; Mayor’s Order 2009-104, dated June 15, 2009; and Mayor’s Order 2011-64, dated March 25, 2011, hereby gives notice of emergency action taken on February 21, 2012, to amend chapter 8 (Operation of Taxicabs) of title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR). The amendment will again extend a fuel surcharge of one dollar ($1) per taxicab trip originating in the District of Columbia for a period of one hundred twenty (120) days, unless terminated earlier by the Chairperson.
This emergency rulemaking action is necessary to offset the impact of the continuing rise in fuel prices in the metropolitan area on taxicab operators. Without the fuel surcharge taxicab operators may not be able to continue to meet their public service obligations to provide vital transportation service to the public. The increased costs of fuel may cause many taxicab operators to curtail or discontinue taxicab service in the District because of an inability to earn a fair return on their investment in daily fuel costs. Also, taxicab operators may not be able to meet basic health and welfare needs for themselves or their families. The potential curtailing or discontinuance of taxicab services may affect senior citizens and persons with disabilities who rely on taxicab services for medical care, extended health service, physical therapy, social and other supportive services. Further, the potential curtailing or discontinuance of taxicab services may negatively impact the District of Columbia’s tourists who rely on taxicab services; thus, impacting the District of Columbia’s economic base.
The Chairperson has determined that it is necessary to extend the emergency action originally taken on March 29, 2011, and effective at 12:01 a.m. on March 30, 2011, and published on April 1, 2011, at 58 DCR 2855, by extending the emergency fuel surcharge for an additional one hundred twenty (120) days. This emergency fuel surcharge was previously extended for an additional one hundred twenty (120) days from Wednesday, July 27, 2011, through Thursday, November 17, 2011, on July 29, 2011, at 58 DCR 6462. The emergency fuel surcharge was extended for a second time for an additional one hundred twenty (120) days from November 18, 2011, through March 5, 2012, on November 11, 2011, at 58 DCR 9650.
This emergency action was taken to adopt the emergency rules on Tuesday, February 21, 2012, to become effective March 6, 2012. The emergency rule will remain in effect for up to one hundred twenty (120) days from the date of adoption, expiring on June 20, 2012, , or upon earlier repeal by the Chairperson, whichever occurs first.
Chapter 8, OPERATION OF TAXICABS, of title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is amended as follows:
Section 801 (Passenger Rates and Charges), subsection 801.6 is amended as follows:
Subparagraph (g)(3) is amended by replacing the period with a semi-colon.
Paragraph (j) is amended by removing the term “and” after the semicolon.
Paragraph (l) is amended by adding the term “and” after the semicolon.
A new paragraph (m) is added to read as follows:
(m) Emergency Fuel Surcharge: A one dollar ($1) emergency fuel surcharge shall apply to each taxicab fare originating in the District beginning at 12:01 a.m. on Tuesday, March 6, 2012, and will end at 11:59 p.m. on Wednesday, June 20, 2012, unless terminated earlier by the Chairperson, after publication.
Copies of the rulemaking can be obtained at www.dcregs.dc.gov or by contacting Dena C. Reed, General Counsel and Secretary to the Commission, District of Columbia Taxicab Commission, at 2041 Martin Luther King, Jr., Avenue, S.E., Suite 204, Washington, D.C. 20020. Persons with questions concerning this rulemaking should contact (202) 645-6018.
