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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), (8), (19), 14, 20, and 20a 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), (8), (19), 50-319, and 50-320 (2012 Repl. & 2014 Supp.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. & 2014 Supp.), all as amended by the Vehicle-for-Hire Innovation Amendment Act of 2014 (D.C. Law 20-197); D.C. Official Code §§ 50-301 et seq. (2012 Repl. & 2014 Supp.)) hereby gives notice of its intent to adopt amendments to Chapter 4 (Payment Service Providers), Chapter 8 (Operation of Taxicabs), and 16 (Dispatch Services) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
This rulemaking amends Chapters 4 and 16 to require that each payment service provider (“PSP”) integrate with the District of Columbia Universal Taxicab App (“DC TaxiApp”), for which service and support are provided by the District of Columbia Taxicab Industry Co-op (“Co-op”). Integration between all PSPs and the DC TaxiApp would expand the payment choices available to passengers who use the DC TaxiApp, allowing them to make both in-vehicle payments (cash or payment card) and digital payments. The existing rules allowing integration between any digital dispatch service (“DDS”) and any PSP would not be affected by these amendments. The expenses of integration between the Co-op and all PSPs with current operating authority would be paid by the Co-op. The amendments to Chapter 8 require each taxicab operator who uses a DDS which does not ensure that the passenger surcharge is collected from the passenger and paid to the District for each taxicab trip to establish and maintain an individual taxicab operator surcharge account, to ensure that the District is paid all passenger surcharges as required by this title. Chapter 8 is also amended to clarify that once a trip has been accepted by a taxicab operator through digital dispatch, the taxicab operator must pick up the passenger and complete the trip, and that the failure to do so shall be treated as a refusal to haul under Chapter 8.
The proposed rulemaking was adopted by the Commission on December 10, 2014 and published in the D.C. Register on January 9, 2015 at 62 DCR 000374. The Commission received one comment during the comment period which expired on February 9, 2015. The Commission carefully considered this comment, but no substantial changes were required as a result of the comment, and no substantial changes have been made. Minor changes have been made to correct a grammar error, and to maintain consistency in terminology with the existing rules.
The Commission voted to adopt this rulemaking as final on April 8, 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 is amended to read as follows:
408.16 Each PSP shall integrate with the District of Columbia Universal Taxicab App (“DC TaxiApp”) in a manner consistent with § 1613.13(b) not later than the implementation date set forth in §§ 1612 and 1613, and may integrate with any DDS, subject to the following requirements.
(a) The reasonable and documented expenses for integration between the DC TaxiApp and each PSP shall be paid as follows:
(1) For integration with each PSP which has operating authority on the implementation date set forth in § 1612: by the District of Columbia Taxicab Industry Co-op (“Co-op”); and
(2) For integration with each PSP which obtains operating authority after the implementation date in § 1612: shared equally by the Co-op and each PSP.
(b) Each PSP that fails to integrate or maintain integration as required by this subsection shall be subject to a civil fine of one thousand dollars ($1,000) for each day it is not integrated in the manner required by this subsection, in addition to any other penalty available under Chapter 7.
(c) Integration shall in all cases require a connection via technology that meets Open Web Application Security Project (“OWASP”) security guidelines, that complies with the current standards of the PCI Security Standards Council (“Council”) for payment card data security, if such standards exist, and, if not, then with the current guidelines of the Council for payment card data security, and, that, for direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association.
Chapter 8, OPERATION OF PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 802 is amended to read as follows:
802 TAXICAB OPERATOR SURCHARGE ACCOUNTS
802.1 Each taxicab operator who uses a digital dispatch service (“DDS”) which does not ensure that the passenger surcharge is collected from the passenger and paid to the District for each taxicab trip shall open and maintain a taxicab operator surcharge account (“account”) as provided in this section and any applicable Office instruction, issuance, or guidance.
802.2 An account shall be opened by the operator with the Office (which for purposes of this subsection shall include the Office of the Chief Financial Officer) within fourteen (14) days after the operator associates with the DDS.
802.3 An account shall be opened by filing the documents and information required by the Office, and making an initial deposit of one hundred dollars ($100). No administrative fee shall be charged by the Office for opening or maintaining an account.
802.4 The operator shall make monthly deposits to the account as necessary to ensure a minimum account balance at all times of fifty dollars ($50), provided however, that the minimum account balance may be maintained by the operator through automatic payments to the account if the operator chooses to provide the Office with account information for a payment card, or a checking or savings account belonging to the operator held as a federally-insured financial institution, to which the Office may post charges as necessary to maintain the minimum account balance.
802.5 The Office may make monthly deductions from the account based on an assumption that the operator is conducting not more than one hundred (100) fare paying trips per month, for which the District is owed passenger surcharges of not more than twenty five dollars ($25), provided however, that an operator may request that the Office conduct an account reconciliation not more than once per quarter based on trip data or other reliable and verified information provided to or otherwise in the possession of the Office, and the Office shall then make such adjustments to the account as necessary based on the reconciliation.
802.6 A request for a quarterly reconciliation of the operator’s account pursuant to § 802.5 shall be conducted by the Office within twenty-one (21) days of its receipt.
802.7 The Office may at any time make an adjustment to the account, based on trip data or other reliable and verified information in its possession, to ensure that the account accurately reflects the amount of passenger surcharges owed to the District by the operator.
802.8 The Office shall provide a statement of account activity to each operator annually at a time determined by the Office.
802.9 Each reconciliation under § 802.5, each adjustment to the account under § 802.7, and each statement of account activity under § 802.8, shall be provided in writing to the operator.
802.10 The balance of an account, if any, shall be refunded to the operator by the Office within thirty (30) days following any event, which results in the operator’s no longer being required to maintain an account, by providing the operator with a check, where appropriate, and a final statement of account activity, which may be mailed to the operator’s address on file with the Office, provided however, that if the operator owes any amount to the Office at that time, the account shall remain open pending the payment of all amounts owed, any collection activity by the District, and any enforcement action under Chapter 7.
802.11 An operator may dispute any decision of the Office concerning an account, following a reconciliation, where appropriate, by appealing the Office’s decision to the Chief of Operations, and thereafter to the Commission, whose decision shall be a final agency action, provided however, that an appeal shall not stay an operator’s legal obligation to provide passenger surcharges owed to the District pending the outcome of any appeal regardless of any dispute by the operator.
802.12 An operator who:
(a) Fails to open an account as required by § 802.1 shall be subject to a civil fine of two hundred fifty dollars ($250).
(b) Fails to maintain the minimum account balance as required by § 802.4 shall be subject to a civil fine of twenty five dollars ($25).
(c) Willfully fails to pay a passenger surcharge owed to the District which is subject to payment through an account under this section shall, in lieu of any civil fine otherwise established by a provision of this title, shall be subject to a civil fine of five hundred dollars ($500).
(d) Violates any other provision of this section shall be subject to a civil fine of fifty dollars ($50).
Section 819, CONSUMER SERVICE AND PASSENGER RELATIONS, is amended as follows:
A new Subsection 819.10 is added to read as follows:
819.10 Once a trip has been accepted by a taxicab operator through digital dispatch, the taxicab operator shall not fail to pick up the passenger or to complete the trip after the passenger has been picked up. A violation of this subsection shall be treated as a refusal to haul under this section or § 818.2 or 819.5.
Chapter 16, DISPATCH SERVICES, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1613, DISTRICT OF COLUMBIA TAXICAB INDUSTRY CO-OP, is amended as follows:
Subsection 1613.13 is amended to read as follows:
(b) Establish and maintain a digital dispatch service, registered and operated in compliance with this chapter, which at all times, maintains integration between the DC TaxiApp and each PSP in a manner consistent with § 408.16, to ensure that:
(1) Each passenger who books a ride through the DC TaxiApp may choose to make either an in-vehicle payment (cash or payment card) or a digital payment;
(2) The passenger surcharge is collected from the passenger and paid to the District for each trip; and
(3) The PSP is able to comply with all obligations under Chapters 4 and 6.
