1176239 Notice of proposed rulemaking to amend Chapter 9 (Taxicab Insurance) 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 D.C. Official Code § 47-2829 (b), (d), (e-1) and (i) (2001); sections (8) (b) (1) (C), (D), (E), (F), (G), (I). (J), 13, 14, 15, 16, and 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 §§ 50-307(b)(1)(C), (D), (E), (F), (G), (I), (J), 50-312, 50-313, 50-314, 50-315, and 50-319 (2001)), hereby gives notice its intent to adopt amendments to chapter 9 (Taxicab Insurance) of title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
The proposed amendments will 1) update and amend the scope of insurance requirements to apply to operators, as well as owners, of both taxicabs and passenger vehicles for hire (limousines); 2) require that an insurance identification card (proof of insurance) must be carried by operators in all vehicles at all times; 3) require that accidents involving loss of human life or personal injury be reported to the Taxicab Commission; 4) require that owners report all accidents, and criminal, civil, or administrative actions or civil settlements stemming from accidents, to the Commission; 5) provide new penalties for violations, including fines, impoundment, license suspension, revocation, or non-renewal; 6) rename the title of the chapter; and 7) update certain definitions.
The Taxicab Commission hereby 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 9, TAXICAB INSURANCE, of title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the District of Columbia Municipal Regulations is amended as follows:
The heading of chapter 9 is amended to read as follows:
CHAPTER 9 INSURANCE REQUIREMENTS
Section 900 is amended to read as follows:
900 APPLICATION AND SCOPE OF INSURANCE REQUIREMENTS
900.1 The insurance requirements of this chapter shall apply as follows:
(a) This chapter shall apply to each taxicab owner or operator and to each owner or operator of a public vehicle for hire except for Washington Metropolitan Area Transit Authority vehicles.
(b) It shall be unlawful to operate a taxicab or public vehicle for hire in the District of Columbia unless and until there shall have been filed with and accepted by the Office of Taxicabs (Office) evidence that the vehicle is covered by the following:
(1) A surety bond;
(2) Liability insurance in a surety or insurance company authorized to do business in the District of Columbia; or
(3) A sinking fund created and maintained pursuant to the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-314 (2001), conditioned for the payment to any person of any legal obligation of, or judgment recovered against, any owner of the vehicle, for death or for injury to any person or damages to any property, or both, arising out of the ownership, maintenance, or use of the vehicle by any person for any purpose within the United States.
900.2 Each insurance policy or bond shall provide minimum coverage by a surety or insurer for the payment of any judgment recovered against the owner of any vehicle, the minimum coverage on any one (1) judgment to be ten thousand dollars ($10,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, and on all judgments recovered upon claims arising out of the same subject of action the minimum coverage shall be twenty thousand dollars ($20,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, to be apportioned rateably among the respective creditors according to the owner’s legal obligations to them.
900.3 Each insurance policy form shall be approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office.
900.4 Each bond shall be in a form approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office and shall contain a description of each vehicle covered by the bond, including the name of the vehicle’s manufacturer and the vehicle identification number.
900.5 Each insurance policy or bond shall have attached to it an endorsement prescribed by the Office.
900.6 If an owner elects to take out a blanket insurance policy or a blanket bond, or to create and maintain a sinking fund, the owner shall first satisfy the Commissioner of the Department of Insurance, Securities and Banking that he or she is in possession of, and will continue to be in possession of, financial ability to pay judgments obtained against him or her.
900.7 Each owner creating and maintaining a sinking fund shall file with the Commissioner of the Department of Insurance, Securities and Banking a certificate of sinking fund coverage containing a description of each vehicle covered by the sinking fund, including the name of the vehicle’s manufacturer and the vehicle identification number, on a form provided by the Commissioner of Insurance, Securities, and Banking. All changes shall be in writing and filed promptly with the Commissioner of the Department of Insurance, Securities and Banking.
900.8 An owner who has elected to create and maintain a sinking fund may not terminate the fund except by written application to, and written approval of, the Commissioner of the Department of Insurance, Securities and Banking.
900.9 An owner of a taxicab or public vehicle for hire shall evidence compliance with the insurance requirements of this chapter in one (1) of the following manners:
(a) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, for each vehicle, a certificate of insurance in the form prescribed by the Commissioner of the Department of Insurance, Securities and Banking;
(b) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, a bond issued by the Commissioner of the Department of Insurance, Securities and Banking; or
(c) By depositing with the D.C. Treasurer (who shall serve as trustee) cash or securities of the United States Government as a sinking fund.
900.10 The trustee of a sinking fund shall not be obligated to pay interest upon funds deposited with him or her.
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 of five hundred dollars ($500) 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) (2001).
900.12 Each operator of a taxicab or a passenger vehicle for hire shall carry an insurance identification card, 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) (2001) 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 provided in §907.
900.13 No certificate of insurance or surety bond shall be accepted from an insurance company or corporate surety unless there is on file with the Office a valid and true copy of a certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.
900.14 No insurance identification cards shall be issued by an insurance company or corporate surety unless there is on file with the Office a true copy of the certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.
Section 901, NOTICE OF CANCELLATION, is amended as follows:
Subsection 901.1 is amended to read as follows:
901.1 Notice of cancellation of insurance or bond shall be given in writing to the Commissioner of the Department of Insurance, Securities, and Banking and the Office on a form provided by the Office.
Subsection 901.2 is repealed:
Subsection 901.7 is amended to read as follows:
901.7 Withdrawal of notice of cancellation of insurance or bond shall be made on a form provided by the Office. A separate withdrawal of notice of cancellation for each vehicle shall be given on a form approved by the Commissioner of the Department of Insurance, Securities and Banking.
Section 905 is amended to read as follows:
905 INSURANCE COMPANIES
905.1 No insurance company or corporate surety shall engage in or conduct the business of insuring or bonding any risk arising out of the operation of a taxicab or public vehicle for hire unless the company is authorized to do business in the District and possesses a certificate of approval issued by the Commissioner of the Department of Insurance, Securities, and Banking.
905.2 Each insurance company or corporate surety insuring or bonding any risk arising out of the operation of a taxicab or public vehicle for hire shall comply with the rules and regulations pertaining to insurance companies promulgated by the Commissioner of the Department of Insurance, Securities, and Banking and published in chapter 37 (Captive Insurance Companies) of subtitle A (Insurance) of title 26 DCMR.
Section 906, ACCIDENTS, is amended as follows:
Subsection 906.2 is amended to read as follows:
906.2 A written report of an accident involving loss of human life or personal injury shall be filed with the Office by the vehicle owner within three (3) business days after the occurrence of each accident. The report shall be made in a form as prescribed by the Office and shall include a copy of any Metropolitan Police Department, law enforcement, or incident report.
Subsection 906.4 is amended to read as follows:
906.4 Each taxicab operator or operator of a passenger vehicle for hire shall give immediate notice to the owner, company, partnership, or association under whose name and color scheme the vehicle is being operated, of each accident accompanied by loss of human life or personal injury, arising directly or indirectly from or connected with the maintenance or operation of the vehicle.
Subsection 906.5 is amended to read as follows:
906.5 Each owner shall file with the Office before the tenth (10th) day of each month a monthly summary of all accidents which occurred in connection with the maintenance or operation of a taxicab or public vehicle for hire of the owner, including any record of criminal, civil, or administrative court action, or civil settlement entered into by the owner, or on his or her behalf.
Section 907, PENALTY, is amended to read as follows:
907 PENALTY
907.1 A violation of this chapter shall be subject to
(a) The fines and penalties set forth in § 825 or a section of this chapter; provided, that where a specific fine or penalty is not listed in § 825 or this chapter, the fine shall be one hundred dollars ($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; or
(d) Any combination of the sanctions listed in this subsection.
Section 999, DEFINITIONS, is amended to read as follows:
999 DEFINITIONS
999.1 When used in this chapter, the following words and phrases shall have the meaning ascribed:
Commissioner - the Commissioner of Insurance, Securities, and Banking, or his or her designated agent.
District - the District of Columbia.
License Act – An Act making appropriations to provide for the government of the District of Columbia for the fiscal year ending June 30, 1903, and for other purposes, approved July 1, 1902 (32 Stat. 623); as amended by Public Law 237, approved July 1, 1932 (47 Stat. 550; D.C. Official Code §§ 47-2801, et seq., esp. § 47-2829) (2001).
Office - the Office of Taxicabs established by § 13 of the District of Columbia Taxicab Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301, et seq.) (2001).
Owner - a corporation, company, association, joint stock company, partnership, or person, including its lessees, trustees, or receivers appointed by any court, operating, controlling, managing, or renting a passenger vehicle for hire in the District of Columbia, except as to operations licensed under § 31(b) of the License Act, D.C. Official Code § 47 -2829(d) (2001), and except the common carriers as have been expressly exempted from the jurisdiction of the Commission.
Public Vehicle for Hire – a passenger vehicle for hire licensed in the District of Columbia including, but not limited to, taxicabs and limousines.
Taxicab - a passenger vehicle for hire having a seating capacity of eight (8) or fewer passengers, exclusive of the driver, and operated or offered as a vehicle for passenger transportation for hire.
Vehicle - a passenger vehicle for hire in the District of Columbia except vehicles licensed under § 31(b) of the License Act, (D.C. Official Code § 47-2829(b) (2001)) and except vehicles operated by common carriers which have been expressly exempted from the jurisdiction of 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 postal 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.
