5408252 Taxicab Commission, DC - Notice of Emergency and Proposed Rulemaking - Amending Chapters 5, 10, and 99 - Modern Taxicab Associations
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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (“Commission” or “DCTC”), pursuant to the authority set forth in Sections 8(c) (2), (3), (5), (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), (5), (7), (19) (2014 Repl.), § 50-313 (2014 Repl.), § 50-319 (2014 Repl.), and § 50-325 (2014 Repl.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. & 2014 Supp.); hereby gives notice of its intent to amend Chapter 5 (Taxicab Companies, Associations, and Fleets), Chapter 10 (Public Vehicles for Hire), and Chapter 99 (Definitions) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (“DCMR”).
This proposed rulemaking rules would amend Chapters 5 (Taxicab Companies, Associations and Fleets), 10 (Public Vehicles for Hire) and 99 (Definitions) of Title 31 DCMR to repeal all provisions of Title 31 pertaining to and providing for the establishment of Modern Taxicab Associations (“the MTA rules”). The MTA rules were approved for publication as final rulemaking by the Commission on December 10, 2014 and published in the D.C. Register on January 2, 2015 at 62 DCR 119. The MTA rules may result in the issuance of hundreds of new DCTC vehicle licenses for taxicabs, which is inconsistent with the Commission’s referral of all issues related to DCTC vehicle licenses for taxicabs to the Panel on Industry, as announced at the January 14, 2015 General Commission Meeting.
This emergency rulemaking is required to: (1) immediately reduce potential stakeholder and industry confusion; (2) provide immediate certainty and predictability for affected stakeholders, allowing them to make more make informed and appropriate legal and business decisions, including decisions about the disposition of vehicles currently co-titled with taxicab companies, the acquisition of new vehicles, the formation of new business entities, and other matters; (3) immediately reduce potential legal exposure; and (4) immediately suspend the administrative process for MTA applications, to eliminate the potential legal anomaly which would result if the Office of Taxicabs were required to grant approval for an MTA where the proposed rulemaking to repeal the MTA rules has ultimately been approved as final.
This emergency rulemaking was adopted by the Commission on February 2, 2015 and took effect immediately. The emergency rules shall remain in effect for one hundred and twenty (120) after the date of adoption (expiring June 2, 2015), unless earlier superseded by an amendment or repeal by the Commission, or the publication of final rulemaking, whichever occurs first.
Directions for submitting comments on this proposed rulemaking 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 of proposed rulemaking in the D.C. Register.
CHAPTER 5, TAXICAB COMPANIES, ASSOCIATIONS AND FLEETS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, is amended as follows:
Section 504, MODERN TAXICAB ASSOCIATIONS, is repealed.
CHAPTER 10, PUBLIC VEHICLES FOR HIRE, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, is amended as follows:
Section 1010 ISSUANCE OF VEHICLE LICENSES TO OWNERS OF PUBLIC VEHICLES FOR HIRE, is amended as follows:
Subsection 1010.7 is amended to read as follows:
1010.7 An applicant for a DCTC transferable taxicab vehicle license shall:
(a) Be a person which:
(1) Possesses a current DCTC vehicle license for a taxicab in active service; or
(2) Is a taxicab company participating the Coordinated Alternative Paratransit (CAPS-DC) Pilot Program for a new vehicle which it is required to purchase as a condition of participation in the program, as provided in § 1806.19; and
(b) Demonstrates to the satisfaction of the Office that it is ready and able to comply with the applicable provisions of § 1010.8.
Subsection 1010.09 is amended to read as follows:
1010.9 Each transfer of a DCTC transferable taxicab vehicle license shall be approved by the Office prior to the use of the license as follows:
(a) An applicant shall use a form established by the Office, executed under oath, and accompanied by a description of the terms of the proposed transfer, a proposed purchase and sale agreement or other legal document by which the ownership of the license may be transferred, such information and documentation as may be required by the Office, and a fee of one hundred dollars ($100);
(b) The applicant shall demonstrate to the satisfaction of the Office that the transfer would not impair the continued transferability or use of the license in the manner required by the applicable provisions of this title; and
(c) The Office shall issue a written decision to approve or deny the application within ten (10) days, and shall explain the reasons for its decision in the event of a denial. A decision to deny the application may be appealed in accordance with Chapter 7.
Chapter 99, DEFINITIONS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR, is amended as follows:
Section 9901, DEFINITIONS, is amended as follows:
Subsection 9901.1, amended to delete the following definitions:
“Modern taxicab association” or “MTA” – An association of taxicab owners whose members are required to convert their vehicles to wheelchair accessible vehicles as required by § 504.
Copies of this proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting Juanda Mixon, Secretary to the Commission, District of Columbia Taxicab Commission, 2235 Shannon Place, S.E., Suite, 3001, Washington, D.C. 20020. All persons desiring to file comments on the proposed rulemaking action should submit written comments via e-mail to dctc@dc.gov or by mail to the DC Taxicab Commission, 2235 Shannon Place, S.E., Suite, 3001, Washington, DC 20020, Attn: Juanda Mixon, Secretary to the Commission, no later than thirty (30) days after the publication of this notice in the D.C. Register.
