5544343 Taxicab Commission, DC - Notice of Final Rulemaking - Amending Chapters 5, 10, and 99 - Modern Taxicab Associations

DISTRICT OF COLUMBIA TAXICAB COMMISSION

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Taxicab Commission (“Commission” or “DCTC”), pursuant to the authority set forth in Sections 8(c) (2), (3), (5), (7), (19), 14, 20, and 20f 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), (19) (2014 Repl.), § 50-313 (2014 Repl.), § 50-319 (2014 Repl.), and § 50-325 (2014 Repl.)), and D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Repl. & 2014 Supp.), hereby gives notice of its intent to amend Chapter 5 (Taxicab Companies, Associations, and Fleets), Chapter 10 (Public Vehicles for Hire), and Chapter 99 (Definitions) of Title 31 (Taxicabs and Public Vehicles For Hire) of the District of Columbia Municipal Regulations (“DCMR”).

 

This final rulemaking would amend Chapters 5 (Taxicab Companies, Associations and Fleets), 10 (Public Vehicles for Hire) and 99 (Definitions) of Title 31 DCMR to repeal all provisions of Title 31 pertaining to, and providing for, the establishment of Modern Taxicab Associations (“the MTA rules”).  The MTA rules were approved for publication as final rulemaking by the Commission on December 10, 2014 and published in the D.C. Register on January 2, 2015 at 62 DCR 119.   The MTA rules would have resulted in the issuance of hundreds of new DCTC vehicle licenses for taxicabs, which is inconsistent with the Commission’s referral of all issues related to DCTC vehicle licenses for taxicabs to the Panel on Industry, as announced at the January 14, 2015 General Commission Meeting.

 

The proposed rulemaking was adopted by the Commission in a Notice of Emergency and Proposed Rulemaking on February 2, 2015, which was published in the D.C. Register on April 10, 2015 at 62 DCR 004653.  The Commission did not receive any comments during the comment period, which expired on May 11, 2015.  No changes to the proposed rulemaking were required and none have been made. 

 

The Commission voted to adopt this rulemaking as final on May 13, 2015, and it will become effective upon publication in the D.C. Register.

 

Chapter 5, TAXICAB COMPANIES, ASSOCIATIONS AND FLEETS, of Title 31 DCMR, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:

 

Section 504, MODERN TAXICAB ASSOCIATIONS, is repealed.

 

Chapter 10, PUBLIC VEHICLES FOR HIRE, is amended as follows:

 

Section 1010, ISSUANCE OF DCTC VEHICLE LICENSES, is amended as follows:

 

Subsection 1010.7 is amended to read as follows:

 

1010.7             An applicant for a DCTC transferable taxicab vehicle license shall:

 

                        (a)        Be a person which:

 

                                    (1)        Possesses a current DCTC vehicle license for a taxicab in active service; or

 

                                    (2)        Is a taxicab company participating the Coordinated Alternative Paratransit (CAPS-DC) Pilot Program for a new vehicle which it is required to purchase as a condition of participation in the program, as provided in § 1806.19; and

 

                        (b)        Demonstrates to the satisfaction of the Office that it is ready and able to comply with the applicable provisions of § 1010.8.

 

Subsection 1010.9 is amended to read as follows:

             

1010.9             Each transfer of a DCTC transferable taxicab vehicle license shall be approved by the Office prior to the use of the license as follows:

 

                        (a)        An applicant shall use a form established by the Office, executed under oath, and accompanied by a description of the terms of the proposed transfer, a proposed purchase and sale agreement or other legal document by which the ownership of the license may be transferred, such information and documentation as may be required by the Office, and a fee of one hundred dollars ($100); 

 

                        (b)        The applicant shall demonstrate to the satisfaction of the Office that the transfer would not impair the continued transferability or use of the license in the manner required by the applicable provisions of this title; and

 

                        (c)        The Office shall issue a written decision to approve or deny the application within ten (10) days, and shall explain the reasons for its decision in the event of a denial.  A decision to deny the application may be appealed in accordance with Chapter 7.

 

Chapter 99, DEFINITIONS, is amended as follows:

 

Section 9901, DEFINITIONS, is amended as follows:

 

Subsection 9901.1 is amended to delete the following definition:

 

 “Modern taxicab association” or “MTA” – An association of taxicab owners whose members are required to convert their vehicles to wheelchair accessible vehicles as required by § 504.