1175948 Notice of proposed rulemaking to amend Chapter 5 (Taxicab Companies, Associations and Fleets) of Title 31 (Taxicabs and Public Vehicles for Hire) of the Disctrict of Columbia Municipal Regulations (DCMR)
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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in section 8(b)(1)(D) and (G) 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(b)(1)(D) and (G) (2001)), hereby gives notice of its intent to adopt amendments to chapter 5 (Taxicab Companies, Associations, and Fleets), of title 31(Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
The proposed amendment will: 1) revise the wording of the chapter to include the term “Independent Taxicabs”, which are covered by the chapter; 2) combine the requirements of subsections 501.1 and 501.2 into one (1) subsection and amend other subsections to use the consistent language “taxicab company, association, or fleet”; 3) clarify the definition of a taxicab company, association, or fleet; 4) clarify the application process for a change in ownership, operation, or management of taxicab company, association, or fleet; 5) replace the term “Panel on Adjudication” with the term “Office of Administrative Hearings”; 6) clarify the Commission’s authority to suspend or revoke a license if a licensee becomes ineligible for that license during the term of his or her license; 7) refer appeals of certain Commission actions, fines, and penalties to the Office of Administrative Hearings; 8) add new subsections outlining the prohibition of fraud, larceny, misrepresentation, bribery, threats, harassment, abusive conduct, and other unlawful activities; 8) add language requiring the Commission be notified of a criminal conviction by certain persons and of certain changes in information related to a licensee; 9) add a provision requiring that the Commission be notified of a suspension or revocation of any other District or federal government license; 10) add a provision requiring cooperation with all law enforcement officers, hack inspectors, and representatives of the Commission; 11) add a provision that makes the taxicab company, association, or fleet owner responsible for certain conduct of its drivers; and 12) update penalties and fines.
The Taxicab Commission gives notice of its intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice 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:
The chapter heading is amended to read as follows:
CHAPTER 5 TAXICAB COMPANIES, ASSOCIATIONS, AND FLEETS AND INDEPENDENT TAXICABS
Section 500, APPLICATION AND SCOPE, is amended as follows:
Subsection 500.1 is amended to read as follows:
500.1 This chapter shall apply to and govern all taxicab companies, associations, fleets, and in some instances, independently owned taxicabs, in the District of Columbia.
Section 501, FILING REQUIREMENTS, is repealed and replaced with:
501 INITIAL AND RENEWAL CERTIFICATES AND LICENSES; FILING REQUIREMENTS.
501.1 No person shall operate a taxicab company, association, or fleet in the District without first obtaining a certificate of operating authority license and a business license issued by the Commission.
501.2 Each application for a new or renewal certificate of operating authority license shall be made on a form prescribed by the Office of Taxicabs (Office), which shall contain a sworn and notarized statement that the information contained in the application is true under penalty of perjury, and that the applicant is in compliance with the clean hands requirements of D.C. Official Code § 47-2862 (2001).
501.3 An applicant shall for a new or renewal certificate of operating authority license shall provide the following information with its application:
(a) The name, address, telephone number, e-mail address, and fax number of the applicant;
(b) Certified copies of Federal and local income tax returns for the prior tax year;
(c) A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;
(d) A copy of the current by‑laws and other rules and regulations relating to the applicant’s organization and operations;
(e) Certificate-of-identity information on a form provided by the Office indicating the trade name of the applicant, the persons authorized to sign
for the applicant, and other identifying information required by the Office;
(f) The following information, if the applicant is a partnership:
(1) A certified copy of the partnership certificate; and
(2) A list of the partners, including the name, residential address, and telephone number of each partner;
(g) The following information, if the applicant is a corporation:
(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;
(2) A copy of its articles of incorporation; and
(3) A list of its officers, including the name, residential address, and telephone number of each officer;
(h) The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;
(i) An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;
(j) A statement by the applicant that taxicab services will be provided throughout the District of Columbia;
(k) A listing of membership, insurance, dispatch, and rental fees, where applicable;
(l) Identification of the number of hybrid taxicabs, wheelchair accessible taxicabs, and other specially-equipped taxicab vehicles; and
(m) A statement that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and
the FR-500T, Taxicab and Limousine Supplemental Information Form.
501.4 Each applicant for a new or renewal certificate of operating authority and business license shall also provide the following information as to the vehicles to be affiliated or associated with its company, association, or fleet or owned by the applicant:
(a) The name and residential address of the owner of each vehicle to be affiliated or associated with the applicant;
(b) The vehicle body type, the vehicle make and model, the vehicle’s model year, and the vehicle identification number;
(c) Verification that the applicant has applied for and is pre-approved for insurance that complies with District of Columbia insurance requirements and the requirements of chapter 9 of this title;
(d) The proposed color scheme, trade name, and insignia, pursuant to §504 of this chapter; and
(e) The specially-equipped taxicab vehicle information, where applicable, required to be submitted in § 603 of this title.
501.5 The Office shall verify all the information provided in response to §§501.3 and 501.4 of this section and provide a preliminary approval of the color scheme, the trade name, and the insignia before each application is presented to the Commission for approval.
501.6 The certificate of operating authority and the business license issued pursuant to this section shall expire annually on December 31 of each year.
501.7 Annually on or before December 15 and at other times as may be required by the Commission, each taxicab company, association, or fleet shall renew its certificate of operating authority and business license by filing an application with the Office. The application shall include the following information:
(a) The name and residential address of the owner of each taxicab affiliated or associated with the taxicab company, association, or fleet;
(b) Identification of the vehicle body type, the vehicle make and model, the model year, the vehicle identification number, the fleet number, the taxicab permit number (referred to as the DCTC), the tag number and the mileage for all taxicabs affiliated or associated with the taxicab company, association, or fleet or owned by the taxicab company, association, or fleet;
(c) Verification that the fleet numbers assigned to the taxicab vehicles comply with § 503.5 of this chapter;
(d) Verification that the company, association, or fleet is in compliance with District of Columbia insurance requirements and the insurance requirements in chapter 9 of this title;
(e) A current District of Columbia Department of Motor Vehicles, Bureau of Traffic Adjudication, ticket report for each taxicab vehicle;
(f) Three (3) three inch by five inch (3” x 5”) pictures of the Commission approved color scheme and insignia information displayed on the front, right side, and rear of the taxicab; and
(g) Identification of the number of hybrid taxicabs, wheelchair accessible taxicabs, and other specially-equipped taxicab vehicles.
501.8 During the certificate of operating authority and business license period, any change in the information required by this section shall be reported by each licensee to the Office within five (5) business days after the change.
501.9 Each applicant seeking to do business in the District and each licensed taxicab company, association, or fleet authorized to do business in the District shall pay an annual certificate of operating authority license fee and a business license fee pursuant to section 20 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-319 (2001).
501.10 A taxicab company, association, or fleet that fails to timely file information as required in this section shall be subject to a civil fine of two hundred and fifty dollars ($250).
Section 502, REQUIREMENT OF LOCAL PLACE OF BUSINESS, is amended as follows:
502 REQUIREMENT OF LOCAL PLACE OF BUSINESS
502.1 Each taxicab company, association, or fleet shall maintain a bona fide administrative office in the District of Columbia.
502.2 A bona fide administrative office is an office that has a working telephone number and address listed in the name of the company, association, or fleet, standard office furniture, and at least one (1) person on site to respond to consumer calls and receive visitors, and that is open during normal business hours.
502.3 The company, association, or fleet shall maintain required business records, including but not limited to, employee, associate, fleet, and license records, at the administrative office in a secure filing system.
502.4 Each bona fide administrative office in the District of Columbia shall have a valid Certificate of Occupancy for a business.
502.5 Failure to have a bona fide administrative office within the District of Columbia shall result in the revocation of the certificate of operating authority and business license of the company, association, or fleet, if the failure is not cured within fifteen (15) business days after the date of a written notice.
502.6 If multiple taxicab companies, associations, or fleets share office space, but not ownership, each must have a separate certificate of occupancy for their business or the certificate of occupancy must reflect the name of each businesses operating within the office space; and have clearly distinguishable administrative office space that meets all of the requirements of 502.
Section 503, TAXICAB COLORING AND MARKINGS, is amended as follows:
Subsections 503.8 and 503.9 are amended to read as follows:
503.8 An association, company, fleet, or owner with twenty (20) or more taxicabs may, upon approval of the Commission, use a unique or special color scheme, with or without an identifying insignia or logo, to distinguish the vehicles of the association, company, fleet, or owner from others.
503.9 No association, company, fleet, or owner shall use a unique or special color scheme, logo or insignia on a fleet containing fewer than twenty (20) licensed and operating taxicabs.
Section 505, INDEPENDENT TAXICABS, is amended as follows:
Subsections 505.7 are 505.8 are amended to read as follows:
505.7 Each independently operated taxicab shall be assigned an Independent Taxicab Number by the Office. The number shall be placed on the taxicab within a rectangle on each rear door, centered under the owner’s name, trade name, or insignia, and on the right side of the rear of the taxicab, so as to be clearly visible from the rear.
505.8 All letters and numbers on independently operated taxicabs shall be Gothic in style, three inches (3 in.) high, three eighths (3/8)of an inch wide, and with three eighths of an inch (3/8 in.) between each digit and the inside edge. The letters and numbers shall also be painted as follows:
(a) On taxicabs with the body painted black, the numbers, letters, and rectangles shall be white; or
(b) On taxicabs with the body painted white, the numbers, letters, and rectangles shall be black.
New Subsections 505.9 and 505.10 are added to read as follows:
505.9 An Independent Taxicab Number assigned by the Office to a taxicab shall not be transferred to another taxicab.
505.10 If an Independent Taxi Number assigned by the Office is given up by the operator or revoked by the Commission, the number may not be reclaimed after six (6) months.
Section 507, TRANSFER OF OWNER OR OPERATOR, is amended to read as follows:
507 TRANSFER OF OWNERSHIP, MANAGEMENT, OR OPERATION
507.1 A taxicab company, association, or fleet shall file an application with the Office before transferring the ownership, operation, or management of the company, association, or fleet. In addition, a company, association, or fleet shall file an application with the Office before an owner or operator either exits or enters the company, association, or fleet.
507.2 An application required by subsection 507.1 shall be filed on a form provided by the Office accompanied by a non-refundable application fee of five hundred dollars ($500).
507.3 The application shall include the following information as it relates to all parties leaving or entering the ownership of the company, association or fleet:
(a) The name, address, telephone number, e-mail address, and fax number of the applicant;
(b) Certified copies of the applicant’s Federal and local income tax returns for the prior tax year;
(c) A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;
(d) A copy of the current by‑laws and other rules and regulations relating to the applicant’s organization and operations;
(e) Certificate-of-identity information on a form provided by the Office, stating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the Office;
(f) The following information, if the applicant is a partnership:
(1) A certified copy of the partnership certificate; and
(2) A list of the partners, including the name, residential address, and telephone number of each partner;
(g) The following information, if the applicant is a corporation:
(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;
(2) A copy of its articles of incorporation; and
(3) A list of its officers including the name, residential address, and telephone number of each officer;
(h) The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;
(i) An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;
(j) A statement by the applicant that taxicab services will be provided throughout the District of Columbia;
(k) A listing of membership, insurance, dispatch and rental fees where applicable; and
(l) A statement indicating that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.
507.4 The Office may, upon request, transmit a copy of the application to either the company, association, or fleet that the owner or operator leaves or enters.
507.5 Notice of any change in the information provided in the application shall be filed on a form prescribed by the Office within five (5) business days of the change.
Section 508, DISCRIMINATION PROHIBITED, is amended as follows:
Subsection 508.1 is amended to read as follows:
508.1 No taxicab company, association, or fleet shall discriminate based upon race, color, religion, national origin, sex, age or marital status, personal appearance, sexual orientation, gender identify and expression, family responsibility, political affiliation, disability, or source of income, and place of residence or business.
Section 509 is repealed.
A new section 510 is added to read as follows:
510 COMPLIANCE WITH LICENSING REQUIREMENTS; SUSPENSIONS AND REVOCATIONS
510.1 If at any time during the term of the license of the company, association, or fleet the Commission becomes aware that the licensee no longer meets the requirements for licensure, the Commission may suspend or revoke the license.
510.2 The Chairman may summarily suspend the license of a taxicab company, association, or fleet if the continued operation of the company, association, or fleet presents a threat to the public health, safety or welfare exists.
510.3 An appeal of an action taken by the Commission pursuant to this section shall be heard by the Office of Administrative Hearings
A new section 511 is added to read as follows:
511 FRAUD, MISREPRESENTATION, LARCENY, AND OTHER UNLAWFUL ACTIVITIES PROHIBITED
511.1 No owner, agent, or employee of a taxicab company, association, or fleet, or his or her representative, while performing duties and responsibilities for the taxicab company, association or fleet, shall commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny. Examples of fraud, larceny, or misrepresentation include, but are not limited to:
(a) Falsification or counterfeiting of an official document;
(b) Knowingly accepting falsified, counterfeit, or duplicated official documents;
(c) Making a false, misleading, deceptive, or materially incomplete statement, written or oral, to the Commission or a Commission representative or on an application or in a communication to the Commission or Commission representative; or
(d) Knowingly concealing or misrepresenting the true ownership of a taxicab or a taxicab company, association, or fleet.
511.2 An owner, agent, or employee of a taxicab company, association, fleet or his or her representative shall not willfully perform an act of omission or commission that is against the best interest of the public, even if the act is not specifically prohibited by these rules.
511.3 An owner, agent, or employee of a taxicab company, association, fleet, or his or her representative shall not use or permit another person to use an office of the company, association, or fleet for an unlawful purpose.
511.4 An owner, agent, or employee of a taxicab company, association, fleet, or his or her representative shall not conceal evidence of a crime connected with the company, association, or fleet.
511.5 An owner, agent, or employee of a taxicab company, association, fleet, or his or her representative shall report immediately to the Commission and the appropriate law enforcement authority any attempt to use any office of the company, association or fleet for any unlawful purpose.
511.6 An owner, agent, or employee of a taxicab company, association, fleet, or his or her representative shall not file with the Commission a statement that he or she knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.
A new section 512 is added to read as follows:
512 BRIBERY PROHIBITED
512.1 An owner, employee, agent or representative of a taxicab company, association, fleet, or his representative shall not offer or give a gift, gratuity, or thing of value to an employee, representative, or member of the Commission, or a District government employee.
512.2 An owner, employee, agent, or representative of a taxicab company, association fleet, or his representative shall immediately report to the Commission and the Inspector General a request or demand for a gift, gratuity, or thing of value by an employee, representative, or member of the Commission, or a District government employee.
512.3 An owner, employee, agent, or representative of a taxicab company, association, fleet, or his representative shall not accept a gift, gratuity, or thing of value from an owner or operator of a vehicle licensed by the Commission, or an individual or other person actually or purportedly acting on behalf of the owner or operator for the purpose of omitting an act required by this title or committing a violation of this title.
512.4 An owner, employee, agent, or representative of a taxicab company, association, or fleet shall notify the Commission in writing within twenty-four (24) hours after becoming aware of any offer of a gift, gratuity, or thing of value prohibited by this section, including any prohibited gift, gratuity, or thing of value provided to or by another employee, agent, or representative.
A new section 513 is added to read as follows:
513 THREATENING, HARASSING, AND ABUSIVE CONDUCT PROHIBITED
513.1 An owner, employee, agent, or representative of a taxicab company, association, or fleet, while performing duties or responsibilities related to the operations of the taxicab company, association, or fleet, shall not:
(a) Threaten, harass, or abuse a Commission representative, District government employee, or other person; or
(b) Use or attempt to use physical force against a Commission representative, District government employee, or other person.
A new section 514 is added to read as follows:
514 NOTIFICATION OF CRIMINAL CONVICTION OR CHANGE IN LICENSEE INFORMATION
514.1 An owner of a taxicab company, association or fleet; a member of a partnership that owns a taxicab company, association, or fleet; or an officer or shareholder holding more than five prevent (5%) of the shares of a corporation or other entity that owns a taxicab company, association, or fleet, shall:
(a) notify the Commission in writing of his or her conviction for a crime within fifteen (15) days after the conviction; and
(b) deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court within fifteen (15) days after the conviction.
514.2 In accordance with § 507.5, an owner of a taxicab company, association, or fleet shall notify the Commission of a material change in the information contained on the most recent license or renewal application of the taxicab company, association, or fleet, within five (5) business days after such change.
514.3 An owner, employee, agent, or representative of a taxicab company, association, or fleet or a person acting on his or her behalf, shall notify the Commission in writing of the arrest of a taxicab operator who is employed by or in affiliation or association with the taxicab company, association, or fleet, within fifteen (15) days after the arrest.
A new section 515 is added to read as follows:
515 NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION
515.1 An owner, employee, agent, or representative of a taxicab company, association, or fleet or another person acting on the owner’s behalf shall notify the Commission in writing within ten (10) business days after the suspension or revocation of a license, permit, certificate, or authority granted to the licensee by an agency of the District of Columbia, Maryland, Virginia, or federal government.
A new section 516 is added to read as follows:
516 COOPERATION WITH THE COMMISSION
516.1 An owner, employee, agent, or representative of a taxicab company, association, or fleet shall, at all times, cooperate with all law enforcement officers, hack inspectors, and representatives of the Commission.
516.2 An owner of a taxicab company, association, or fleet shall in a timely manner answer and comply with all questions, communications, notices, directives, and summonses from the Commission or its representatives.
516.3 A licensee shall produce his or her original official Commission license and other requested documents when a hack inspector, law enforcement officer, the Commission, or an authorized agent of the Commission requests such documents.
A new section 517 is added to read as follows:
517 LIABILITY FOR CONDUCT OF EMPLOYEES
517.1 The owners of a taxicab company, association, or fleet shall supervise and be responsible for the conduct of all its employees, contractors, and agents. The conduct for which each owner shall be responsible includes ensuring that the taxicabs of the company, association, or fleet are:
(a) Operated with all proper licenses;
(b) Operated with all proper insurance;
(c) Operated in a safe and operational manner at all times; and
(d) Operated by an operator who is not impaired by alcohol or drugs.
A new section 518 is added to read as follows:
518 PENALTY
518.1 A violation of this chapter shall be subject to
(a) The fines and penalties set forth in § 825 of this title or in this chapter; provided, that where a specific fine or penalty is not listed in this chapter, the fine shall be one hundred ($100);
(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) (2001);
(c) License suspension, revocation, or non-renewal; and
(d) Any combination of the sanctions listed in this subsection.
518.2 A taxicab company, association, or fleet may appeal a monetary fine to the Office of Administrative Hearings.
518.3 The Commission may recommend to the appropriate government agency the suspension or revocation of any license or privilege to do business in the District of Columbia for failure to comply with Commission rules or sanctions imposed by the Commission.
Copies of the proposed 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, 2041 Martin Luther King, Jr., Avenue, S.E., Suite 204, 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 or hand delivery to the DC Taxicab Commission, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, DC 20020, Attn: Dena C. Reed, General Counsel and Secretary to the Commission, not later than thirty (30) days after the publication of this notice in the D.C Register.
