2516973 DC Taxicab Commission publishes Final Rulemaking on age and mileage limits on taxi vehicles
-
DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF FINAL RULEMAKING
The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in § 8(b)(1)(C), (F), 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)(C), (F), and (G)) (2009 Repl.)), hereby gives notice of the adoption of amendments to chapter 6 (Taxicab Parts and Equipment) of title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
The amendments will: (1) establish an age and mileage limit on when a vehicle may be placed into service as a taxicab; (2) establish an age and mileage limit on how long a vehicle may remain in service as a taxicab and establish a schedule for the removal of older cars from service over a five (5) year period; and (3) clarify that “salvaged” vehicles may no longer be placed in service as a taxicab.
The proposed rules were originally published on December 23, 2011, at 58 DCR 11119. The comment period expired on January 23, 2012. The Commission held a public hearing on Wednesday, January 11, 2012, to receive oral comments on the Commission’s proposed amendments to chapter 6. The Commission received some valuable comments from the public and made revisions to section 609 of the proposed rules in light of the suggestions and comments received at the public meeting and during the written comment period. The Commission approved this proposed rulemaking for republication on February 8, 2012.
The proposed rules were published for a second time on March 2, 2012, at 58 DCR 1781. The comment period expired on April 2, 2012. The Commission received again some valuable comments from the public and again revised the proposed rules in light of the suggestions and comments received at the public meeting and during the written comment period. Revisions have been made to section 609 in response to those comments. The Commission approved this proposed rulemaking for republication on April 11, 2012.
The proposed rules were published for a third time on April 20, 2012, at 59 DCR 3217. The comment period expired on May 5, 2012. The Commission received few additional comments. The Commission considered the additional comments received in response to the third proposed rulemaking. No substantive changes were made to the proposed rulemaking.
The Taxicab Commission adopted the rulemaking as final on May 23, 2012. These final rules will become effective upon publication of this notice in the D.C. Register.
Chapter 6, TAXICAB PARTS AND EQUIPMENT, of title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is amended as follows:
Section 609, AGE OF TAXICAB, is amended to read as follows:
609 AGE OF TAXICAB
609.1 Effective January 1, 2013, no vehicle that is more than five (5) model years old (or has accumulated mileage in excess of three hundred thousand miles (300,000 mi.)) may begin service as a taxicab in the District of Columbia, whether owned, rented, or leased.
609.2 The Commission establishes a gradual removal schedule for the purposes of beginning the process of removing the current older vehicles from service and minimizing the impact, on both drivers and consumers, of the loss of a large number of taxicabs from service:
(a) Effective January 1, 2013, the following five (5) year schedule of vehicle removal from service will apply to all public vehicles for hire currently in service as a taxicab in the District of Columbia, whether owned, rented, or leased.
5 YEAR REMOVAL SCHEDULE
Disposal Year**
Age Policy***
Model Year
2013
15 years and older
1997 and older
2014
12 - 14 years
2000 - 1998
2015
10 - 11 years
2002 - 2001
2016
8 - 9 years
2004 - 2003
2017
7 years or older
2005 - below
** Vehicles must go out of service on Jan 1st of the year listed.
*** Mileage is not a factor in this removal schedule.
(b) Pursuant to this chapter, no vehicle may begin service as a taxicab in the District of Columbia that is more than five (5) model years old, in accord with § 609.1, and at the end of the five (5) year removal schedule in, § 609.2 (a), no vehicle remaining in service as a taxicab in the District of Columbia may be more than seven (7) model years old, in accord with
§ 609.4.
609.3 A Waiver Petition may be filed with the Commission to request a one (1) time extension of time or waiver from the removal schedule at § 609.2 (a) only. The following provisions apply to a request for a waiver:
(a) Standards for a waiver include, but are not limited to
(1) Vehicle must have passed its last two (2) required inspections;
(2) Vehicle may not have any body damage; and
(3) Vehicle must have current insurance;
(b) A non-refundable waiver application fee, established by the commission, must be paid at the time of application;
(c) Owner may apply for a waiver ninety (90) days before his or her disposal year but no later than thirty (30) days before his or her disposal year;
(d) Applicant must file a Carfax report with application;
(e) A panel of three (3) persons, which may include Department of Motor Vehicles representative, Hack Inspector, and a Commission staff person or General Counsel, will review all requests for waiver;
(f) A waiver granted may be granted for a maximum of three (3) years or any lesser period;
(g) A denial of waiver may not be appealed; and
(h) No extension of time or waiver may be granted for salvaged (including rebuilt salvaged) vehicles.
609.4 Effective January 1, 2018, no vehicle that is more than seven (7) model years old (or that has accumulated mileage in excess of four hundred thousand miles (400,000 mi.)) may remain in service as a taxicab in the District of Columbia, whether owned, rented, or leased.
609.5 Effective immediately, no additional salvaged (including rebuilt salvaged) vehicle may begin service as a taxicab in the District of Columbia.
