4966223 Taxicab Commission, DC - Notice of Final Rulemaking - Amending Ch. 4 and 5, providing for increased fines against PSPs for failures to timely pay taxicab companies and owners

DISTRICT OF COLUMBIA TAXICAB COMMISSION

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in Sections 8(c)(3) and (7), 14, 20, and 20g of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-307(c)(3), (c)(7), 50-313, 50-319, 50-329 (2012 Repl. & 2013 Supp.)), hereby gives notice of its adoption of final rules amending Chapters 4 (Taxicab Payment Services) and 5 (Taxicab Companies, Associations and Fleets) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).

 

These rules will: clarify the time period by which a payment service provider (PSP) must pay each taxicab company or independent owner with which the PSP is associated the portion of such PSP’s revenue to which the taxicab company or independent owner is entitled; increase to one thousand dollars ($1,000) the fine for a PSP’s failure to timely make such a payment; require taxicab companies that contract with PSPs to pay associated taxicab operators the portion of the revenue received from the PSP to which the operator is entitled within twenty-four (24) hours or one (1) business day of when the revenue is received by the taxicab company from the PSP; and establish fines of one thousand dollars ($1,000) for a taxicab company’s failure to timely make such a payment and for failure to ensure that the passenger surcharge is collected and paid to the District for each trip.  

 

An emergency rulemaking was adopted on December 11, 2013, took effect immediately, and was published in the D.C. Register on December 20, 2013 at 60 DCR 17047, to remain in effect for sixty (60) days after the date of adoption.  A Notice of Second Emergency and Proposed Rulemaking was adopted by the Commission on March 12, 2014, took effect immediately, and was published in the D.C. Register on April 25, 2014, at 61 DCR 4216. The Commission has not received any comments on the rulemaking. The Commission voted to adopt these rules as final on June 11, 2014, and they will become effective upon publication in the D.C. Register.

 

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

 

Chapter 4, TAXICAB PAYMENT SERVICES, Section 411, PENALTIES, Subsection 411.2 is amended as follows:

 

Paragraph (c) is amended by striking the period at the end of the paragraph and inserting the phrase “, or” in its place.

 

New Paragraphs (d) and (e) are added to read as follows:

 

 (d)      A violation of § 408.13 by failing to 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, or

 

(e)        A violation of § 409.5 by failing to ensure that the passenger surcharge is collected and paid to the District for each trip consistent with this title.

 

 

Chapter 5, TAXICAB COMPANIES, ASSOCIATIONS AND FLEETS, Section 509 is amended to read as follows:

 

509                  PROMPT PAYMENT TO TAXICAB OPERATORS

 

509.1               Except where a taxicab company and taxicab operator otherwise agree, each taxicab company that contracts with a payment service provider (PSP) for modern taximeter system (MTS) units in its associated vehicles shall pay each of its associated operators the portion of the revenue received from the PSP to which the associated operator is entitled within twenty-four (24) hours or one (1) business day of when the revenue is received by the taxicab company from the PSP.

 

509.2               A taxicab company shall be subject to a civil fine of one thousand dollars ($1,000) for the first violation of § 509.1, a civil fine of two thousand dollars ($2,000) for the second violation, and a civil fine of three thousand dollars ($3,000) for the third violation and each subsequent violation.