5370519 Taxicab Commission, DC - Notice of Final Rulemaking- Amending Chapters 5 and 12 - Wheelchair Accessible Fleet Requirements
-
DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF FINAL RULEMAKING
The District of Columbia Taxicab Commission (“Commission”), pursuant to the authority set forth in Section 8(c) (2), (3), (7), (19), 14, 20, and 20f 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(c) (2), (3), (7), (19), 50-313, 50-319, and 50-325 (2014 Repl.)), hereby gives notice of its intent to adopt amendments to Chapter 5 (Taxicab Companies, Associations and Fleets), and Chapter 12 (Luxury Services – Owners, Operators, and Vehicles), of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (“DCMR”).
These rules clarify the Commission’s implementation of the minimum percentages of wheelchair accessible vehicles in the taxicab fleets of companies and in the black car fleets of luxury class service (LCS) organizations required by the Establishment Act. The rules also allow the Office of Taxicabs to issue a temporary certificate of operating authority to a company or organization (applicant) whose fleet is not in compliance with accessibility requirements at the time it seeks to renew its certificate of operating authority, provided the applicant meets the conditions set forth in the rules. If issued, the temporary certificate would provide an additional one hundred eighty (180) days for the applicant to comply with the applicable statutory minimum.
The proposed rulemaking was adopted by the Commission on November 12, 2014 and published in the D.C. Register on December 12, 2014 at 61 DCR 12620. The Commission did not receive any comments on the proposed rulemaking during the comment period, which ended on January 11, 2015. No substantive changes have been made. Minor changes have been made to correct grammar and typographical errors, to provide clarity, or to lessen the burdens established by the proposed rules.
This final rulemaking was adopted by the Commission on February 11, 2015, and will become effective upon publication in the D.C. Register.
Chapter 5, TAXICAB COMPANIES, ASSOCIATIONS AND FLEETS, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 501, RENEWAL CERTIFICATES AND LICENSES; FILING REQUIREMENTS, is amended as follows:
Subsections 501.10 through 501.15 are added as follows:
501.10 Each taxicab company shall dedicate a portion of each taxi fleet with which it is associated or affiliated as follows:
(a) At least six percent (6%) of each taxicab fleet shall be wheelchair-accessible by December 31, 2014.
(b) At least twelve percent (12%) of each taxicab fleet shall be wheelchair-accessible by December 31, 2016.
(c) At least twenty percent (20%) of each taxicab fleet shall be wheelchair-accessible by December 31, 2018.
501.11 Beginning in 2015, a vehicle shall not be counted for purposes of compliance with § 501.10 where for fifty percent (50%) or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:
(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or
(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.
501.12 The Office shall deny an initial or renewal certificate of operating authority to a taxicab company which is not in compliance with § 501.10.
501.13 If the Office denies a renewal certificate of operating authority pursuant to § 501.12, it shall at such time grant a temporary certificate of operating authority to the taxicab company, which shall expire not later than one hundred eighty (180) days from the date of issuance, provided that:
(a) The taxicab company files by the renewal date a compliance plan with the Office; and
(b) The compliance plan demonstrates that the taxicab company shall achieve full compliance with the requirements of § 501.10 not later than one hundred eighty (180) days of the renewal date, and is supported by such information and documentation as the Office may require.
501.14 A taxicab company granted a temporary certificate of operating authority pursuant to § 501.13 shall submit evidence that it has complied with the compliance plan, filed with the Office pursuant to § 501.13, prior to the expiration date of the temporary certificate of operating authority. The Office shall review the taxicab company’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.
501.15 If the evidence of compliance with the compliance plan submitted pursuant to § 501.13 is satisfactory to the Office, the Office shall renew the company’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the company, and the company’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period of any appeal.
Section 510, COMPLIANCE WITH LICENSING REQUIREMENTS; SUSPENSIONS AND REVOCATIONS, is repealed and reserved.
CHAPTER 12, LUXURY SERVICES - OWNERS, OPERATORS, AND VEHICLES, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1214, RENEWAL OF OPERATOR LICENSE, is amended as follows:
New Subsections 1214.4 through 1214.8 are added to read as follows:
1214.4 Beginning in 2015, a black car shall not be counted for purposes of compliance with § 1213.2 where for fifty (50%) percent or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:
(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or
(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.
1214.5 The Office shall deny an initial or renewal certificate of operating authority to an LCS organization which is not in compliance with § 1213.2.
1214.6 If the Office denies a renewal certificate of operating authority to an LCS organization pursuant to § 1213.2, it shall at such time grant a temporary certificate of operating authority to the LCS organization, which shall expire not later than one hundred eighty (180) days from the date of issuance provided that:
(a) The LCS organization files by the renewal date a compliance plan with the Office; and
(b) The compliance plan demonstrates that the LCS organization shall achieve full compliance with the requirements of § 1213.2 not later than one hundred eighty (180) days of the renewal date, and is supported by such information and documentation as the Office may require.
1214.7 An LCS organization granted a temporary certificate of operating authority pursuant to § 1214.6 shall submit evidence that it has complied with the compliance plan, filed with the Office pursuant to § 1214.6, prior to the expiration date of the temporary certificate of operating authority. The Office shall review the LCS organization’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.
1214.8 If the evidence of compliance with the compliance plan submitted pursuant to § 1212.6 is satisfactory to the Office, the Office shall renew the organization’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the organization, and the organization’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period of any appeal.
