6046124 Taxicab Commission, D.C. - Notice of Final Rulemaking - Chapters 4-20, Revision of Fines and Civil Penalties for Title 31  

  • 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) (2), (3), (5), (7), and (19), 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(c) (2) (3), (5), (7), and (19), 50-313, and 50-319 (2014 Repl. & 2015 Supp.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. & 2014 Supp.)), hereby adopts amendments to Chapter 4 (Taxicab Payment Service Providers), Chapter 5 (Taxicab Companies and Associations), Chapter 6 (Taxicab Parts and Equipment), Chapter 7 (Enforcement), Chapter 8 (Operating Rules for Public Vehicles for Hire), Chapter 9 (Insurance Requirements for Public Vehicles-for-Hire), Chapter 10 (Public Vehicles for Hire),  Chapter 12 (Luxury Class Services – Owners, Operators, and Vehicles), Chapter 13 (Licensing and Operation of Taxi Meter Companies), Chapter 14 (Operation of Black Cars), Chapter 15 (Licensing and Operation of Dome Light Installation Companies), Chapter 16 (Dispatch Services and District of Columbia Taxicab Industry Co-op), Chapter 18 (Wheelchair Accessible Paratransit Taxicab Service), and Chapter 19 (Private Vehicles-for-Hire) of Title 31 (Taxicabs and Public Vehicles For Hire) of the District of Columbia Municipal Regulations (DCMR).  The Commission also gives notice of the adoption of a new Chapter 20, entitled “Fines and Civil Penalties” to Title 31 DCMR.  

     

    This final rulemaking relocates references to civil fines and penalties to a newly-created Chapter 20, which also lowers many fines, and creates four uniform schedules of civil fines for violations of the provisions of Title 31.  Violations that do not have corresponding, enumerated fines in these schedules will be subject to a fine of twenty five dollars ($25) for an operator and one hundred dollars ($100) for an entity or owner.  All scheduled fines will be Schedule 1, 2, 3, or 4 violations.  This rulemaking is necessary to streamline and categorize fines into a single, easily-referenced chapter of Title 31.

     

    The proposed rulemaking was adopted by the Commission on August 12, 2015, and published in the D.C. Register on October 16, 2015 at 62 DCR 013526.  The Commission received comments from a digital dispatch service (DDS) during the comment period, which expired on     November 15, 2015, suggesting that the fines associated with both private sedan businesses and DDSs under the final rules to conform Title 31 to the requirements of the Vehicle for Hire Innovation Amendment Act of 2015, effective March 10, 2015 (D.C. Law 6-97), approved by the Commission as final on November 18, 2015 (“Title 31 conforming amendments”), should be lower, and more in line with the proposed fines for the legacy taxicab industry. The Commission, however, did not make changes in response to these comments because it believes that higher fines for private sedan businesses and DDSs are necessary in order to account for the greater risk profile of these industries relative to the taxicab industry. 

     

    The Commission also received comments from a taxicab operators’ representative suggesting that all fines for taxicab operators be capped at $250.  The Commission has already proposed capping operator fines at $500 as part of this rulemaking, which is half of the maximum operator fines of $1,000 under the existing regulations; it believes a further reduction is not appropriate. 

     

    The Commission corrected three drafting errors in this final rulemaking, relative to the proposed rulemaking, by clarifying that:  (1) the fine amounts for the failure by a DDS to transmit one percent (1%) of its gross receipts to the Chief Financial Officer each quarter or for the failure of a DDS to provide the accompanying certification of its payment; for the failure by a private sedan business to maintain adequate insurance coverage; and for the failure by a payment service provider to maintain integration are per day, consistent with the Title 31 conforming amendments previously approved as final by the Commission; (2) the fine amounts may be tripled for third and also for any subsequent violations of the provisions listed in Schedules 1, 2, 3, or 4; and (3) the fines associated with dome light installation businesses would be relocated to Chapter 20 along all other fines in Title 31, although no changes to them have been proposed or made. Finally, the provisions from Section 702 of Chapter 7 have been removed from this rulemaking as needlessly duplicative of the provisions approved in the Title 31 conforming amendments.  Changes were also made to correct grammar, clarify initial intent, clarify proposed procedures, or lessen the burdens established by the proposed rules.  No substantial changes were made. 

     

    The Commission voted to adopt this rulemaking as final on December 9, 2015, and it will become effective upon publication in the D.C. Register.

     

    Chapter 4, Taxicab Payment Service Providers, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:

     

    Section 408, OPERATING REQUIREMENTS APPLICABLE TO PSPs AND DDSs, is amended as follows:

     

    Subsection 408.16, paragraph (b), is amended to read as follows:

     

    408.16             (b)        Each PSP that fails to integrate or maintain integration as required by this subsection shall be subject to a civil fine in accordance with Chapter 20 in addition to any other penalty available under Chapter 7.

     

    Section 411, PENALTIES, is amended to read as follows:

     

    411.1               A PSP or DDS that violates this chapter or an applicable provision of another chapter of this title is subject to:

                           

    (a)        Suspension, revocation, or non-renewal of the Office's approval of its MTS (if a PSP) or modification, suspension, revocation, or non-renewal of its registration under Chapter 16 (if a DDS);     

     

    (b)        Civil fines as set forth in Chapter 20; or

                           

    (c)        Any combination of the sanctions listed in (a) through (b) of this subsection.

     

    Chapter 5, Taxicab COMPANIES AND ASSOCIATIONS, is amended as follows:

     

    Section 509, PROMPT PAYMENT TO TAXICAB OPERATORS, is amended as follows:

     

    Subsection 509.2 is amended to read as follows:

     

    509.2               A taxicab company shall be subject to civil fines for violations of this section as set forth in Chapter 20.

     

    Section 518, PENALTY, is amended as follows:

     

    Subsection 518.1 is amended to read as follows:

     

    518.1               A violation of this chapter shall be subject to:

                           

    (a)        The civil fines as set forth in Chapter 20 of this title;            

                                                   

    (b)        Impoundment of the vehicle pursuant to the provisions of the Impoundment Act as defined in Chapter 99;

     

    (c)        License suspension, revocation, or non-renewal; or   

     

    (d)       Any combination of the sanctions, fines, or enforcement action under this title.

               

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

     

    Section 611, PENALTIES, is amended to read as follows:

     

    611                  PENALTIES

     

    611.1               Each violation of this chapter by a taxicab company, independent owner, or taxicab operator shall subject the violator to:

     

    (a)        The civil fines and penalties set forth in Chapter 20;

     

    (b)        Impoundment of a vehicle operating in violation of this chapter;

     

    (c)        Confiscation of an MTS unit or unapproved equipment used for taxi metering in violation of this chapter;

     

    (d)       Suspension, revocation, or non-renewal of such person’s license or operating authority; or

     

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

     

    611.2               A PSP that violates a provision of this chapter shall be subject to the penalties set                          forth in Chapter 20.

     

    Chapter 7, ENFORCEMENT, is amended as follows:

     

    Section 702, COMPLIANCE ORDERS, is amended as follows:

     

    Subsection 702.5 is amended to read as follows:

     

    702.5               The civil penalties for failure to comply with a compliance order are set forth in Chapter 20.

     

    Section 714, SERVICE AND FILING, is amended as follows:

     

    Subsection 714.3 is amended to read as follows:

     

    714.3               An individual licensed by the Commission who defaces, alters, or removes a document posted without the approval of the Office shall be subject to a fine as specified in Chapter 20. 

     

    Subsection 714.4, is amended to read as follows:

     

    714.4               An entity licensed by the Commission that allows or induces an individual to deface, alter, or remove a document posted pursuant to § 712.1(b), without the approval of the Office, shall be subject to a civil fine as set forth in Chapter 20.

     

    Chapter 8, OperATING RULES FOR of Public Vehicles-for-Hire, is amended as follows:

     

    Section 800, APPLICATION AND SCOPE, is amended as follows:

     

    Subsection 800.7 is amended to read as follows:

     

    800.7               An owner or operator that violates this subsection shall be subject to a civil fine as

                            set forth in Chapter 20.

     

    Section 802, Taxicab Operator Surcharge Accounts, is amended as follows:

     

    Subsection 802.12, is amended to read as follows:

               

    802.12             An operator who fails to open an account as required by § 802.1, fails to maintain the minimum account balance as required by § 802.4, willfully fails to pay a passenger surcharge owed to the District through an account under Section 802, or violates any other provision of this section shall be subject to fines as set forth in Chapter 20.

     

    Section 808, GROUP RIDING AND SHARED RIDING, is amended to read as follows:

     

    808                  GROUP RIDING AND SHARED RIDING

     

    808.1               Group riding for pre-formed groups, as defined in § 899, is permitted at all times. No operator shall refuse to transport a pre-formed group at any time. Fares for group riding shall be calculated in accordance with § 801.8.

     

    808.2               Shared riding, as defined in § 9901.1 is authorized under this chapter only at a shared riding location designated by the Chief of the Office in an administrative issuance issued pursuant to Chapter 7.  An operator shall not pick up a passenger at a designated shared riding location except at the designated taxi stand nor discharge a passenger except at the designated discharge stand.  Violations of this subsection are subject to a civil fine as set forth in Chapter 20.

     

    808.3               Where shared riding is authorized in this chapter for Nationals Park, an operator shall not pick up a passenger except at the designated taxi stand nor discharge a passenger except at the designated discharge stand. Nationals Park shall conspicuously post the designated taxi stand and discharge stands.  Violations of this subsection are subject to a civil fine as set forth in Chapter 20.

     

    Section 816, Standards of Conduct; Unlawful Activities Prohibited, is amended as follows:

     

    Subsection 816.15, paragraph (a), is amended to read as follows:

     

    (a)    The fines set forth in Chapter 20;

                                                   

    Section 817, THREATENING, HARASSING, OR ABUSIVE CONDUCT PROHIBITED, is amended as follows:

     

    Subsection 817.6, paragraph (a), is amended to read as follows:

     

                            (a)        The civil fine as set forth in Chapter 20;

     

    Section 821, TAXICAB STANDS, is amended as follows:

     

    Subsection 821.5 is amended to read as follows:

     

    821.5               No public vehicle for hire shall loiter in front of a hotel, theater, public building or place of public gathering, or in the vicinity of a taxicab stand which is occupied to full capacity. Specifically, there shall be no stopping, except to either take on or discharge a passenger, or unnecessarily slow driving. A public vehicle for hire operator shall be subject to a fine as provided in Chapter 20.

     

    Subsection 821.6 is amended to read as follows:

     

    821.6               No keeper or proprietor of a licensed hotel in the District of Columbia, or a person employed by or acting on his or her behalf, shall exclude a District-licensed taxicab operator from picking up passengers at a taxicab stand or other location where taxicabs are regularly allowed to pick up passengers on the hotel premises.                              

    Section 822, Operation of Public Vehicles for Hire, is amended as follows:

     

    Subsection 822.2 is amended to read as follows:

     

    822.2               Face cards.

     

    (a)              No person shall counterfeit, make, duplicate, obtain, purchase, possess, display, or present a counterfeit, false, or altered official government issued operator identification (Face) card; a counterfeit, false, or altered official government issued public vehicle for hire identification (DCTC) card; or a temporary license issued pursuant to § 822.1. Penalties for a violation of this provision may include license suspension, revocation, or non-renewal, a fine as provided in Chapter 20, or both.

     

    (b)              An operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued public vehicle for hire identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.

     

    Subsection 822.9 is amended to read as follows:

     

    822.9   Duty to update DCTC with current information.

     

    (a)             Every person holding an identification card shall maintain at the Office of Taxicabs their correct name, residence address and telephone number, and if affiliated with a company or association, the association, company, organization or owner for which they drive. In the event of any change in this information, the licensee shall inform the Office of the change within five (5) business days. The licensee may elect to provide this information by certified mail with return receipt requested or by hand delivery to the Office.

     

    (b)            If the licensee delivers the information by hand delivery, the Office shall provide proof of filing to the licensee.

     

    Section 823, MANIFEST RECORD, is amended as follows:

     

    Subsection 823.1 is amended to read as follows:

     

    823.1              

    (a)             An operator of a public vehicle-for-hire shall maintain a daily log record (manifest) of all trips made by the vehicle while under his or her control. A manifest may be in the format as provided for in Appendix 8-3 if in paper form, or electronic as part of a digital payment solution for taxicab dispatch and payment, or a digital payment solution for sedans.

     

    (b)            An electronic manifest shall contain, at a minimum, all the information required by § 823.2, all information required for each receipt by § 803, and all information required by Chapter 16.

     

    (c)             An electronic manifest for a taxicab must be capable of providing a printed record immediately upon demand by a District enforcement official.

     

    Subsection 823.2 is amended to read as follows:

     

    823.2               The manifest should contain, but not be limited to, the following:

     

    (a)             The date, operator's identification card number, taxicab company, vehicle number, and license plate number;

     

    (b)            The interstate mileage at the beginning and ending of an interstate trip;

     

    (c)             The time and place of origin and time and place of destination of each trip;

     

    (d)            The number of passengers and fare charged for each trip; and

     

    (e)             The time and interstate mileage at the end of the workday.

     

     

    Subsection 823.5 is amended to read as follows:

     

    823.5               The daily manifest shall not be altered in any manner. Evidence of alternation may include, but is not limited to, changing or striking out any of the information required by § 823.2, attempting to manipulate the manifest provided by the Taxi Smart Meter System or completing the manifest with false information after it has been requested by a Hack Inspector, law enforcement personnel, or other Commission personnel. An altered manifest represents a failure to properly complete and maintain a manifest and any corresponding violation represented by the actual alteration, such as a failure to charge proper fare or a failure to haul when on duty.  However, when applicable a correction of a written, rather than an electronic, manifest by an operator is permitted when a mistake or error is struck out, initialed, and dated by the operator.

     

    Section 824, SANCTIONS AND PENALTIES, is amended as follows:

     

    Subsection 824.1 is amended to read as follows:

     

    824.1               A person that violates a Commission rule may, upon determination of liability, be subject to civil fines pursuant to Chapter 20 of this title or other sanctions pursuant to the Establishment Act as defined in Chapter 99 of this title and other applicable District of Columbia laws and regulations.

     

    Subsection 824.5, paragraph (a), is amended to read as follows:

     

    (a)                The civil fines as set forth in Chapter 20 of this title;

     

    Section 825, TABLE OF CIVIL FINES AND PENALTIES, is DELETED and RESERVED.

     

    Section 828, RECIPROCITY WITH SURROUNDING JURISDICTIONS, is amended as follows:

     

    Subsection 828.8 is amended to read as follows:

     

    828.8               An individual who has been issued a public vehicle-for-hire license by a jurisdiction within the Washington Metropolitan Area other than the District ("non-District operator"), or any unlicensed individual, who violates a provision of this section is subject to fine and penalty for unlicensed operator (non-resident) and unlicensed vehicle (non-resident) and is subject to the fine and penalty set forth in Chapter 20, impoundment of the vehicle or, upon conviction, imprisonment for not more than ninety (90) days pursuant to D.C. Official Code § 47-2846. A non-District operator whose privilege to operate in the District within the limited authority provided by this section has been suspended or revoked under § 710 shall be considered an unlicensed operator who is operating an unlicensed vehicle.

     

    Chapter 9, Insurance Requirements FOR PUBLIC VEHICLES-FOR-HIRE, is amended as follows:

     

    Section 900, Application and Scope, is amended as follows:

     

    Subsection 900.11 is amended to read as follows:

     

    900.11             Failure of a taxicab operator or operator of a passenger vehicle for hire to have current insurance is an offense subject to a civil fine as set forth in Chapter 20 and impoundment of the taxicab vehicle pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50 -331 (2014 Repl. & 2015 Supp.)).

     

    Subsection 900.12 is amended to read as follows:

     

    900.12             Each operator of a taxicab or a passenger vehicle for hire shall carry an insurance identification card or insurance policy in his or her name, as proof of current insurance, in each vehicle he or she operates that is licensed under the provisions of D.C. Official Code §§ 47-2829 (d) and (h) (2015 Repl.) at all times. A failure to have current proof of insurance in his or her possession is a violation of this section and is subject to the penalties and fines provided in § 907 of this chapter and Chapter 20.

     

    Section 907, PENALTY, is amended as follows:

     

    Subsection 907.1, paragraph (a), is amended to read as follows:

     

                      (a)        The fines as set forth in Chapter 20;

     

    Chapter 10, Public Vehicles for Hire, is amended as follows:

     

    Subsection 1000.8 is amended to read as follows:

     

    1000.8             Any person who violates a provision of this chapter shall, upon conviction, be subject to the fine or penalty as provided in Section 1017 of this chapter and Chapter 20.

     

    Section 1017, PENALTY, is amended as follows:

     

    Subsection 1017.1 is amended to read as follows:

     

    1017.1             A violation of this chapter shall be subject to:

     

    (a)        The fine or penalty set forth in Chapter 20 of this title;

     

    (b)        Impoundment of the vehicle pursuant to the provisions of the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50 -331 (2014 Repl. & 2015 Supp.));

     

    (b)               License suspension, revocation, or non-renewal; or

     

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

                           

    Chapter 12, Luxury Services – Owners, Operators, and Vehicles, is amended as follows:

     

    Section 1201, GENERAL REQUIREMENTS, is amended as follows:

     

    Subsection 1201.6 is amended to read as follows:

     

    1201.6             The penalty for a violation of § 1201.4(i) by an operator providing LCS shall be a civil fine as set forth in Chapter 20.

     

    Section 1202, LICENSING OF VEHICLE OWNERS, is amended as follows:

     

    Subsection 1202.9 is amended to read as follows:

     

    1202.9             Any LCS organization that fails to timely file information as required in § 1202.2 shall be subject to a civil fine as set forth in Chapter 20.

     

    Subsection 1202.10 is amended to read as follows:

     

    1202.10           Each vehicle owner that fails to timely renew its license under this section shall be                         subject to a civil fine as set forth in Chapter 20.

     

    Section 1218, PENALTIES, is amended as follows:

     

    Subsection 1218.1, paragraph (a), is amended to read as follows:

     

    1218.1             Each violation of this chapter by an operator shall subject the violator to:               

     

                            (a)        Fines as provided by Chapter 20 of this title;

     

    Subsection 1218.2, paragraph (a), is amended to read as follows:

     

    1218.2             Each violation of this chapter by an LCS organization shall subject the violator to:

     

                            (a)        Fines as provided by Chapter 20 of this title;

     

    Chapter 13, Licensing and Operations of Taxi Meter Companies, is amended as follows:

     

    Section 1331, TAXIMETER BUSINESS -- PENALTIES FOR VIOLATIONS, is DELETED and RESERVED.

     

    Chapter 14, OPERATION OF BLACK CARS, is amended as follows:

     

    Section 1401, GENERAL PROVISIONS, is amended as follows:

     

    Subsection 1401.2 is amended to read as follows:

     

    1401.2             No person shall participate in providing black car service in the District without first having procured all applicable licenses and met all requirements of this title and other applicable laws. A violation of this subsection shall subject the violator to civil fines as provided under Chapter 20 of this title and any other penalty authorized by the Act or an applicable provision of this title.

     

    Section 1402, OPERATING REQUIREMENTS, is amended is follows:

     

    Subsection 1402.3 is amended to read as follows:

     

    1402.3             Each operator and owner shall cooperate with the Office and District enforcement officials, including complying with all compliance orders issued orally and in writing. Failure to timely and fully comply with a compliance order shall subject the operator or owner to the civil penalties provided in Chapter 20.

     

    Section 1404, PENALTIES, is amended as follows:

     

    Subsection 1404.1, paragraph (a), is amended to read as follows:

     

    1404.1             Each violation of this chapter by a black car owner or operator shall subject the                              owner or operator to:

     

    (a)        Civil fines as provided under Chapter 20 of this title;

     

    Subsection 1404.2 is DELETED.

     

    Chapter 15, Licensing and Operations of Dome Light InstallatiON Companies, is amended as follows:

     

    Section 1531, DOME LIGHT INSTALLATION BUSINESS -- PENALTIES FOR VIOLATIONS, is DELETED and RESERVED.

     

    Chapter 16, Dispatch Services and District of Columbia Taxicab Industry Co-op, is amended as follows:

     

    Section 1608, PENALTIES, is amended as follows:

     

    Subsection 1608.1, paragraph (a), is amended to read as follows:

     

    1608.1             A dispatch service that violates this chapter shall be subject to:

     

                            (a)        Civil fines as provided by Chapter 20 of this title;

     

    Subsection 1608.2 is DELETED.

                                                                                                                                        

    Chapter 18, Wheelchair Accessible Paratransit Taxicab Service, is amended as follows:

     

    Section 1806, TAXICAB COMPANIES AND OPERATORS - OPERATING REQUIREMENTS, is amended as follows:

     

    Subsection 1806.18 is amended to read as follows:

     

    1806.18           Where a vehicle dispatched to pick up a CAPS-DC passenger is unable to render service for any reason, including the passenger's inability to pay or equipment (vehicle or MTS unit) malfunction, the following provisions shall apply:

     

    (a)        The operator shall immediately notify the passenger and the company of the circumstances;

     

    (b)        If the passenger is unable to pay, the operator shall provide service and the company shall promptly notify the Office and make appropriate arrangements for payment; and

     

    (c)        If there has been an equipment malfunction, the company shall immediately dispatch another vehicle to that location. The passenger may choose to wait inside the first vehicle until the second vehicle arrives, at no charge to the passenger. The operator shall comply with the requirements in Chapter 6 concerning equipment malfunctions.

     

    Section 1808, PENALTIES, is amended to read as follows:

                                       

    1808.1             Each violation of this chapter by a company or operator shall subject the company or operator to a civil fine and/or other penalty as provided under Chapter 20, provided however, that any pattern of noncompliance with the provisions of this chapter by a company shall also subject the company to the suspension, revocation, and/or non-renewal of its CAPS-DC approval.

     

    1808.2             The enforcement of any provision of this chapter shall be governed by the applicable procedures of Chapters 7 and 20.

     

    Chapter 19, PRIVATE VEHICLES-FOR-HIRE, is amended as follows:

     

    Section 1907, PENALTIES, is created and reads as follows:

     

    1907                PENALTIES

     

    1907.1             Each violation of this chapter by a private sedan operator shall subject the operator to:

     

    (a)        A civil fine established by Chapter 20 of this title;

     

    (b)        Impoundment pursuant to the Impoundment Act, where a vehicle is operated without a document required by § 1904.1(e);

     

    (c)        Enforcement action other than a civil fine, as provided in Chapter 7; or

     

    (d)       A combination of the sanctions enumerated in parts (a) through (c).

     

    1907.2             Each violation of this chapter by a private sedan business shall subject the business to:

     

    (a)        A civil fine established by Chapter 20 of this title;

     

    (b)        Enforcement action other than a civil fine, as provided in Chapter 7; or

     

    (c)        A combination of the sanctions enumerated in parts (a) and (b).

     

    1907.3             The civil fines for violations of this chapter by a private sedan business or private sedan operator are set forth in Chapter 20 of this title.

     

    1907.4             An operator charged with a violation of § 1906.7 for false dispatch may be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, in the discretion of  the trier of fact based on the evidence presented, but shall not be held liable for both violations.

     

    1907.5             In addition to any other penalty or action authorized by a provision of this title, the Office may report violations to another government agency for appropriate action which may include the denial, revocation or suspension of any license that may be issued by the other agency.

     

    Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended by adding a new Chapter 20, FINES AND CIVIL PENALTIES, to read as follows:

     

    2000                FINES AND CIVIL PENALTIES

     

    2000.1             The schedules of fines established in this section shall apply to all violations of Title 31.  For violations of any provision of Title 31 for which a civil fine is not specified, the fine shall be $25 for operators and $100 for entities.

     

    2000.2             All fines enumerated in § 2000.8 shall be doubled for the second violation, and tripled for the third and any subsequent violation within any twenty four (24) month period.  All fines in § 2000.8 are maximum amounts to be assessed based upon the circumstances.

     

    2000.3             A District enforcement official shall have discretion to issue a warning in lieu of a fine for any first violation in Schedule 4.

     

    2000.4             The Office shall have discretion to offer an operator the operator’s choice of a notice of proposed suspension of the operator’s license in lieu of a scheduled fine for any infraction enumerated in Schedule 4, as follows:

     

                            (a)        Where the fine exceeds two hundred fifty dollars ($250):  a             proposed suspension of the operator’s license for seven (7) days; and

     

                            (b)        Where the fine is two hundred fifty dollars ($250) or less:  a proposed suspension of the operator’s license for two (2) days.

     

    2000.5             The Office may through an administrative issuance establish procedures regarding offers of proposed suspensions under § 2000.4, including, but not limited to, the time within which an operator must respond to an offer of a proposed suspension in lieu of a fine.

     

    2000.6             An operator shall not waive any appeal rights under this title or under the APA by accepting an offer of a proposed suspension in lieu of a fine under § 2000.4.

     

    2000.7             Manifest violations under § 823 including:  failure to have in an approved form; failure to have possession of a manifest; failure to properly complete and maintain a manifest; and failure to provide a manifest to District enforcement official, are subject to a letter of reprimand for the first infraction in a twenty-four (24)-month period.

     

    2000.8             The schedules of fines for civil infractions under Title 31 are established as follows:

     

    Schedule 1

    Fines For Entities

    Maximum Fines Based On Circumstances

                                Digital Dispatch Services

    • Failure to transmit one percent (1%) of gross receipts to OCFO

    (§ 1604.7)

    • Failure to provide required certification (§ 1605.4(e))

    $25,000 per day

    Taximeter Businesses

    • Fraud by taximeter business (§ 1313)
    • Bribery by taximeter business (§ 1317.1)
    • Acceptance of bribe by taximeter business (§ 1317.3)

    $25,000

    Dome Light Installation Businesses

    • Fraud (§ 1513)
    • Unlawful Activities (§ 1514)
    • Bribery of Commission (§ 1517.1)
    • Acceptance of bribe (§ 1517.3)

     

    $25,000 and business license revocation

    Dome Light Installation Businesses

    • Threats, harassment, and abuse (§ 1518)

     

    $10,000 and business license revocation

    Dome Light Installation Businesses

    • Failure to report (§ 1517.2)
    • Failure to notify Commission (§ 1517.4)

    $10,000

    Dome Light Installation Businesses

    • Failure to notify Commission (§ 1507.1)
    • Unauthorized work (§ 1525)

    $5,000

                                             Private Sedan Businesses

    • Failure to maintain adequate insurance coverage (§ 1905)

    $25,000 per day

    Taximeter Businesses

    • Failure to report to Commission acceptance of unauthorized gratuity or bribe (§ 1317.2)

    $10,000

                                 Taximeter Businesses

    • Allowing the registration of an operator where the private sedan business knew or should have known the operator was ineligible for registration (§ 1903.16)
    • Failure to conduct background check (§ 1903.16)

    $7,500

                                 Taximeter Businesses

    • Failure by taximeter business to notify Commission of change in ownership (§ 1307.1)

    $5,000

    Private Sedan Businesses

    Failure of a private sedan business to:

    • Maintain a required zero tolerance policy (§§ 1903.9, 1903.11)
    • Investigate an alleged violation of these rules by a passenger (§  1903.10)
    • Suspend an operator when required to do so under applicable law or

    regulation (§ 1903.10)

    • Maintain adequate business records (§ 1903.15)
    • Maintain a current and accurate registration of operators and vehicles associated with the business  (§ 1903.15)
    • Prevent a private sedan operator from logging into the app of the private sedan business’s associate or affiliated digital dispatch service while the operator is suspended or after s/he has been terminated (§ 1906.4)
    • Notify the Office upon suspension or termination of an operator (§ 1903.20)
    • Providing service while under the influence of intoxicants (§ 1906.5)
    • Maintain 24/7/365 communication for enforcement and compliance purposes (§ 1903.21)
    • Conduct an appropriate motor vehicle safety inspection or failure to verify that  such an inspection has been completed (§ 1903.4)

    $3,000

     

     

    Schedule 2

    Fines For Entities And Owners

    Maximum Fines Based On Circumstances

    Fraudulent Actions

    Company allowing or inducing an individual to deface, alter, or remove a document posted pursuant to (§ 714.3)

    $2,500

    Payment Service Providers (Chapter 4)

    Failure to do any of the following:

    • Submit electronic trip data to the TCIS every twenty-four (24) hours;
    • Verify operator credentials through a required login process;
    • Submit updated vehicle and operator inventories to the TCIS every twenty-four (24) hours;
    • Pay each taxicab company or independent owner with which it is associated the portion of such PSP's revenue to which the taxicab company or independent owner is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received by the PSP;
    • Ensure that the passenger surcharge is collected and paid to the District for each trip;
    • Maintain integration

    $1,000

    Per occurrence;

    Per day for failure to maintain integration

    Taximeter Business Violations

    • Unauthorized work (§ 1322)

    $5,000

                                      Taximeter Business Violations

    • Failure to notify Commission of conviction or license suspension/revocation (§§ 1315, 1316)
    • Failure to notify Commission of occurrences specified in §§ 1322, 1324
    • Defective certification/inspection/repair work (§§ 1322, 1324)
    • Inspection without certification or inspection (§ 1324)

    $1,000

                          Digital Dispatch Services

    • Failure to ensure private sedan operator who is suspended or terminated is unable to log into app (§ 1604.8)
    • Failure to provide required certification (§ 1605.4)

    $2,500 per day

    Dome Light Installation Businesses

    • Failure to notify (§§ 1515, 1516, 1522)
    • Installation without inspection (§ 1524)
    • Defective certification/inspection (§ 1526)
    • Requiring repair work (§ 1527)

    $1,000

    Any violation of Chapter 16 not specifically enumerated

    $1,000

    Dome Light Installation Businesses

    • Change in fee schedule without notification (§ 1509)
    • Installation, adjustment, correction or repair of dome light outside of premises of licensed dome light installation business (§ 1510.3)
    • Failure to cooperate with Commission (§ 1519)
    • Work by Non-Certified Technician (§ 1520)
    • Sale of unapproved dome light for installation on a taxicab licensed by DCTC (§ 1529)

    $500

    Dome Light Installation Businesses

    • Failure to pay biannual license fee

    $500 and suspension after 30 days overdue

    False Dispatch (§ 1404.2)

    $500

    Unauthorized or unlicensed provision of L-class service (Chapter 12)

    $500

    Violations not otherwise specified by LCS Organizations (Chapter 12)

    $500

     


     

    Schedule 3

    Fines For Entities, Owners, and Operators

    Maximum Fines Based On Circumstances

    Fraudulent actions

    • Falsifying or tampering with manifest (§ 823)
    • Displaying, possessing, or presenting a fraudulent copy or altered

    government issued operator identification (Face) card or vehicle inspection (DCTC) card (§ 814.7)

    • Tampering with meter or meter seals (§ 1323)
    • Knowingly operating with non-functioning meter or operating without a meter
    • Improperly sealed meter (§ 1321)

    $500

    License, Registration, and Insurance

    • Unlicensed District resident or non-resident operator (§ 828)
    • Operating without a valid Face card or permitting operation without possession of a valid Face card (§ 814)
    • Logging into a private vehicle for hire app if known that the app is not lawfully in operation (§ 1906.4)
    • Operating without insurance (§ 1905)
    • Fail to timely renew license (LCS vehicle owner) (§ 1202.9)
    • Providing black car service without license (§1401.2)

    $500

    Operating without a special event vehicle for hire permit (§ 1016)   

    $500

    Taximeter Business (Chapter 13)

    • Installation, adjustment, correction, calibration, or repair of taximeter outside of premises of licensed taximeter business
    • Change in fee schedule without notification
    • Failure to pay biannual license fee
    • Unlicensed business activity
    • Failure to cooperate with Commission
    • Work by non-certified technician

    $500

    Failure to comply with compliance order (§ 702)

    $500

    Violations of Chapter 18 by entities or owners (wheelchair accessible paratransit taxicab service)

    $500

    Failure to timely renew vehicle license (§ 501)

    $500

    Failure to report an accident to insurance company within a timely manner or to the Office of Taxicabs within 3 business days (§ 906)

    $500

    • Use, threaten, or attempt physical force  (§§ 817.1 and 1906.2)
    • Threatening, harassing, or engaging in abusive conduct toward a District enforcement official (§ 817)
    • to haul/discrimination (§§ 818, 819.4)
    • Private vehicle-for-hire operator using taxicab stand (§ 1906.6)
    • Accepting a street hail (§ 1906.7)      

    $500

    Operating with off size wheels or tires (Chapter 6)

    $500

    Operating without meter or with nonfunctional meter (§ 602)

    $500

    Transport DC violations by companies not otherwise specified (§ 1808.2)

    $500

    Failure to decommission public vehicle-for-hire when operating under exclusive time contract (§ 800)

    $500

    Digital Dispatch Service Violations not specified by Chapter 16 (§ 1607)

    $500

    • Unlawful discrimination by black car operator (§ 1404)
    • Conduct preventing surcharge from being collected (§ 1404)

    $500

    Exclusion by a keeper or proprietor of  a licensed hotel of District-license taxicab operator from picking a passenger at a taxicab stand or other location where taxicabs are regularly allowed; exclusion of DCTC licensed taxicab by proprietor, owner, or agent (§ 821)

    $300

    Dome Light Installation Businesses

    • Unlicensed business activity (§ 1501)
    • Failure to comply with signage requirements (§ 1512)
    • Overcharge (§ 1528)

     

    $250

    Black Car Violations (§ 1402)

    • Failure to cooperate with Commission
    • Failure to comply with documentation requirements
    • Unlawful gratuity

    $100

     


     

    Schedule 4

    Fines for Owners and Operators

    Maximum Fines Based On Circumstances

     

    Violations of Chapter 18 by operators (wheelchair accessible paratransit taxicab service)

    $250

    Smoking while transporting passengers (§ 807.1)

    $250

    Failure to render service to a Transport DC passenger (§ 1806.18)

    $250

    Failure by a private sedan operator to:

    • Display trade address while providing service (§ 610.1)
    • Maintain proof of insurance (§ 1904.1)
    • Notify the Office within 3 business days where there has been an accident accompanied by the loss of human life or by serious personal injury (§ 1904.1)
    • Charge an unlawful fare or require an unlawful gratuity (§ 1604.4)

    $250

    Violations of Chapter 6 (Taxicab Parts and Equipment)

    $250

    Taximeter business violations (Chapter 13)

    • Failure to comply with signage requirements
    • Overcharge
    • Failure to keep appropriate records

    $250 for first two violations; $100 for recordkeeping violations

    Defective speedometer/odometer or operating without a meter (§§ 601.7 & 608)    

    $250

    Operating with an expired inspection sticker (Chapter 6)

    $150

    Cruising Lights (Chapter 8)

    ·         Failure to have

    ·         Broken

    ·         Failure to use properly

    $150 for failure to have

    $50 for failure to use properly or broken

    Improperly operating heating or A/C system (§ 601)

    $125

    Transport D.C. (CAPS-DC)

    Any violation of Chapter 18

    $100

    Service Animal violations (§ 801.10)

    $100

    Failure to:

    • Display current inspection sticker or operate with valid sticker (Chapter 6)
    • Display face card (§ 814)
    • Report and deliver property left in vehicle to the Office of Taxicabs (§ 602)
    • Operate safe vehicle (§ 608)
    • Pick up or drop off at designated taxi or discharge stand (shared riding) (§§ 808.2 and 803.3)
    • Maintain correct/current information (§ 822.1)
    • Report accident to insurance carrier within specified time (§ 906)
    • Provide proof of insurance (§ 900.12)

    $100

    Improper Use of “On Call” or “Off Duty” Signs (§ 820)

    $100

    Asking for destination (§ 819.9)

    $100

    • Failure to report for inspection (Chapter 8)
    • Failure to replace lost/mutilated sticker
    • Failure to display current sticker

    $75

    Failure to Obey Compliance Order (§ 702)

    $50

    Illegal Shared Ride (§ 808)

    $50

    Loitering/Limousine parked on hack stand (§ 821)

    $50