4843130 Taxicab Commission, DC - Notice of Final Rulemaking - Increase fines associated with PSP failures to maintain and submit data.

DISTRICT OF COLUMBIA TAXICAB COMMISSION

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in Sections 8(c)(3), (7), 14, 20a, 20g and of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(c)(3), (7), 50-313,  50-320,  50-329 (2012 Repl. & 2013 Supp.)), hereby adopts amendments to Chapters  4 (Taxicab Payment Services) and 6 (Taxicab Parts and Equipment) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).

 

These rules: (1) increase fines associated with a failure to properly maintain the vehicle or operator inventories; (2) increase fines associated with a failure to properly submit data to the Commission’s Taxicab Information System (TCIS); and (3) clarify that a connection to the Commission’s TCIS must be achieved through a required login process and increase the fine for allowing operation without the required login process. The failure to fully enforce these regulatory mandates prevents the owners and operators of taxicabs in the District from obtaining the protections contemplated by the Commission, in addition to negatively impacting residents and visitors from receiving the improvements intended by the D.C. Council.

 

These rules were originally adopted on October 9, 2013 as an Emergency and Proposed Rulemaking, became effective on an emergency basis upon publication and were published in the D.C. Register on November 8, 2013 at 60 DCR 15574.  No comments were received and no substantive changes have been made to the proposed rules.  This final rulemaking was adopted on March 12, 2014, and will take effect upon publication in the D.C. Register.

 

Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is amended as follows:

 

Chapter 4, TAXICAB PAYMENT SERVICES, is amended as follows:

 

Section 411, PENALTIES, is amended as follows:

 

A new Subsection 411.2 is added to read as follows:

 

411.2   A PSP shall be subject to a civil fine of one thousand dollars ($1,000) for the first

violation of any of the following provisions, two thousand dollars ($2,000) for the second violation of the same provision, and three thousand dollars ($3,000) for each subsequent violation of the same provision:

 

(a)        A violation of § 408.12 by failing to submit electronic trip data to the TCIS every twenty-four (24) hours;

 

(b)        A violation of § 408.12 by failing to verify driver credentials through a required login process; or

 

(c)        A violation of § 409.4 by failing to submit updated vehicle and operator inventories to the TCIS every twenty-four (24) hours.

 

Chapter 6, TAXICAB PARTS AND EQUIPMENT, is amended as follows:

 

Section 603, MTS SERVICE AND SUPPORT REQUIREMENTS, is amended as follows:

 

Subsection 603.9(a) is amended to read as follows:

 

 (a)       Validate the status of the operator’s DCTC license (Face Card) in real time by connecting to the Taxicab Commission Information System (TCIS) through a required login process to ensure the license is not revoked or suspended, and that the operator is in compliance with the insurance requirements of Chapter 9;