2800892 DC Taxicab Commission Publishes Final Rules on operation of Taxicab Companies, Associations and Fleets.  

  • DISTRICT OF COLUMBIA TAXICAB COMMISSION

     

    NOTICE OF FINAL RULEMAKING

     

    The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in section 8(b)(1)(D) 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)(D) and (G) (2009 Repl.)), hereby gives notice of its adoption of amendments to chapter 5 (Taxicab Companies, Associations, and Fleets) of title 31(Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).

     

    The amendments: 1) revise the wording of the chapter to include the term “Independent Taxicabs,” which are covered by the chapter; 2) combine the requirements of subsections 501.1 and 501.2 into one (1) subsection and amend other subsections to use the consistent language “taxicab company, association, or fleet”; 3) clarify the definition of a taxicab company, association, or fleet; 4) clarify the application process for a change in ownership, operation, or management of a taxicab company, association, or fleet; 5) replace the term “Panel on Adjudication” with the term “Office of Administrative Hearings”; 6) clarify the Commission’s authority to suspend or revoke a license if a licensee becomes ineligible for that license during the term of his or her license; 7) refer appeals of certain Commission actions, fines, and penalties to the Office of Administrative Hearings; 8) add new subsections outlining the prohibition of fraud, larceny, misrepresentation, bribery, threats, harassment, abusive conduct, and other unlawful activities; 8) add language requiring the Commission be notified of a criminal conviction by certain persons and of certain changes in information related to a licensee; 9) add a provision requiring that the Commission be notified of a suspension or revocation of any other District or federal government license;  10) add a provision requiring cooperation with all law enforcement officers, hack inspectors, and representatives of the Commission; 11) add a provision that makes the taxicab company, association, or fleet owner responsible for certain conduct of its drivers; and 12) update penalties and fines.

     

    The proposed rules were originally published on May 27, 2011, at 58 DCR 4636.   The comment period expired on June 27, 2011. The Commission held a public hearing on Wednesday, June 22, 2011, to receive oral comments on the Commission’s proposed amendments to chapter 5. The Commission received a number of valuable comments from the public and revised the proposed rules in light of suggestions and comments received at the public meeting and during the written comment period. 

     

    The proposed rulemaking was published a second time on February 17, 2012, at 59 DCR 1378.  The comment period expired on March 19, 2012.  The Commission held a second public hearing on Wednesday, June 20, 2012, to receive further oral comments. The Commission received comments of general objection about the new level of accountability taxicab companies, associations and fleets will have for their affiliated drivers.  The Commission considered the additional comments received.  No substantive changes have been made to the proposed rulemaking, however, subsections 501.3, 501.7, 502.4, 514.3 and 516.1 have clarification language that benefits operators and public understanding, but does not alter the substance of the proposed rule. 

     

    The Commission adopted the rulemaking as final on July 11, 2012.  These rules will become effective upon publication of this notice in the D.C. Register.

     

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

     

    The chapter heading is amended to read as follows:

     

    CHAPTER 5             TAXICAB COMPANIES, ASSOCIATIONS, AND        FLEETS AND INDEPENDENT TAXICABS

     

    Section 500, APPLICATION AND SCOPE, is amended as follows:

     

    Subsection 500.1 is amended to read as follows:

     

    500.1               This chapter shall apply to and govern all taxicab companies, associations, fleets, and in some instances, independently owned taxicabs, in the District of Columbia.

     

    Section 501, FILING REQUIREMENTS, is repealed and replaced with:

     

    501                  INITIAL AND RENEWAL CERTIFICATES AND LICENSES; FILING REQUIREMENTS.

     

    501.1               No person shall operate a taxicab company, association, or fleet in the District without first obtaining a Certificate of Operating Authority issued by the Commission.

     

    501.2               Each application for a new or renewal certificate of operating authority shall be made on a form prescribed by the Office of Taxicabs (Office), which shall contain a sworn and notarized statement that the information contained in the application is true under penalty of perjury, and that the applicant is in compliance with the clean hands requirements of D.C. Official Code § 47-2862 (2005 Repl. & 2011 Supp.).

                                                   

    501.3               An applicant for a new or renewal certificate of operating authority license shall provide the following information with its application:

     

    (a)        The name, address, telephone number, e-mail address, and fax number of the applicant;

                     

    (b)        Certification of tax compliance from the Internal Revenue Service for the prior tax year;

     

    (c)        A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;

                           

    (d)       A copy of the current by‑laws and other rules and regulations relating to the applicant’s organization and operations;  

     

    (e)        Certificate-of-identity information on a form provided by the Office indicating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the         Office;

     

     (f)       The following information, if the applicant is a partnership:

               

    (1)               A certified copy of the partnership certificate; and

     

    (2)               A list of the partners, including the name, residential address, and telephone number of each partner;

     

    (g)        The following information, if the applicant is a corporation:

     

    (1)               A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, or his or her designee, if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;

     

    (2)               A copy of its articles of incorporation; and

     

    (3)        A list of its officers, including the name, residential address, and telephone number of each officer;

     

    (h)        The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;

     

    (i)         An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;

     

    (j)         A statement by the applicant that the company, association, or fleet will not discriminate against employees or customers and will provide taxicab services throughout the District of Columbia;

     

    (k)        A listing of membership, insurance, dispatch, and rental fees, where applicable;

     

    (l)         Identification of the number of hybrid taxicabs, wheelchair-accessible        taxicabs, and other specially-equipped taxicab vehicles; and

     

    (m)       Clean Hands certification that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.

     

    501.4               Each applicant for a new or renewal certificate of operating authority shall also provide the following information as to the vehicles to be affiliated or associated with its company, association, or fleet or owned by the applicant:

                      

    (a)        The name and residential address of the owner of each vehicle to be affiliated or associated with the applicant;            

               

    (b)        The vehicle body type, the vehicle make and model, the vehicle’s model year, and the vehicle identification number;

               

    (c)        Verification that the applicant has applied for and is pre-approved for insurance that complies with District of Columbia insurance requirements and the requirements of chapter 9 of this title;

     

    (d)       The proposed color scheme, trade name, and insignia, pursuant to § 504 of this chapter; and

     

    (e)        The specially-equipped taxicab vehicle information, where applicable, required to be submitted in § 603 of this title.

     

    501.5               The Office shall verify all the information provided in response to §§ 501.3 and 501.4 of this section and provide a preliminary approval of the color scheme, the trade name, and the insignia before each application is presented to the Chairman for approval.             

     

    501.6               Annually on or before December 15 and at other times as may be required by the Commission, each taxicab company, association, or fleet shall renew its certificate of operating authority by filing an application with the Office.  The application shall include the following information:

     

    (a)        The name and residential address of the owner of each taxicab affiliated or associated with the taxicab company, association, or fleet;        

               

    (b)        Identification of the vehicle body type, the vehicle make and model, the model year, the vehicle identification number, the fleet number, the taxicab permit number (referred to as the DCTC), the tag number, and the mileage for all taxicabs  affiliated or associated with the taxicab company, association, or fleet or owned by the taxicab company, association, or fleet;

               

    (c)        Verification that the fleet numbers assigned to the taxicab vehicles comply with § 503.5 of this chapter;

               

    (d)       Verification that the company, association, or fleet is in compliance with District of Columbia insurance requirements and the insurance requirements in chapter 9 of this title;

     

    (e)        A current District of Columbia Department of Motor Vehicles, Bureau of Traffic Adjudication, ticket report for each taxicab vehicle;

     

    (f)       Three (3) three inch by five inch (3” x 5”) pictures of the Commission-approved color scheme and insignia information displayed on the front, right side, and rear of the taxicab; and

     

    (g)        Identification of the number of hybrid taxicabs, wheelchair-accessible taxicabs, and other specially-equipped taxicab vehicles.

     

    501.7               During the certificate of operating authority period, any change in the information required by this section shall be reported by each licensee to the Office within five (5) business days after the change, except for items that generally will increase or fluctuate such as vehicle mileage, number of associated drivers, or number of associated vehicles (above the minimum required). 

     

    501.8               Each applicant seeking to do business in the District and each licensed taxicab company, association, or fleet authorized to do business in the District shall pay an annual certificate of operating authority license fee prescribed by the Commission.

     

    501.9               A taxicab company, association, or fleet that fails to timely file its renewal or other information as required in this section shall be subject to a late fee of two hundred and fifty dollars ($250).

                        

    Section 502, REQUIREMENT OF LOCAL PLACE OF BUSINESS, is amended as follows:

                           

    502                  REQUIREMENT OF LOCAL PLACE OF BUSINESS

     

    502.1               Each taxicab company, association, or fleet shall maintain a bona fide administrative office in the District of Columbia. 

     

    502.2               A bona fide administrative office is an office that has a working telephone number and address listed in the name of the company, association, or fleet, standard office furniture, and at least one (1) person on site to respond to consumer calls and receive visitors, and that is open during normal business hours. 

     

    502.3               The company, association, or fleet shall maintain required business records, including but not limited to, employee, associate, fleet, and license records, at the administrative office in a secure filing system. 

     

    502.4               Each bona fide administrative office in the District of Columbia shall have a valid Certificate of Occupancy for a business; and have the name of the business prominently displayed on the outside of the site designated as their business address.

     

    502.5               Failure to have a bona fide administrative office within the District of Columbia shall result in the revocation of the certificate of operating authority for the company, association, or fleet, if the failure is not cured within fifteen (15) business days after the date of a written notice.

     

    502.6               If multiple taxicab companies, associations, or fleets share office space, but not ownership, each must have a separate certificate of occupancy for their business or the certificate of occupancy must reflect the name of each business operating within the office space; and each must have clearly distinguishable administrative office space that meets all of the requirements of § 502.2. 

               

    Section 503, TAXICAB COLORING AND MARKINGS, is amended as follows:

     

    Subsections 503.8 and 503.9 are amended to read as follows:

     

    503.8               An association, company, fleet, or owner with twenty (20) or more taxicabs may, upon approval of the Commission, use a unique or special color scheme, with or without an identifying insignia or logo, to distinguish the vehicles of the association, company, fleet, or owner from others.

     

    503.9               No association, company, fleet, or owner shall use a unique or special color scheme, logo or insignia on a fleet containing fewer than twenty (20) licensed and operating taxicabs.

     

    Section 505, INDEPENDENT TAXICABS, is amended as follows:

     

    Subsections 505.7 and 505.8 are amended to read as follows:

     

    505.7               Each independently owned and operated taxicab shall be assigned an Independent Taxicab Number by the Office.  The number shall be placed on the taxicab within a rectangle on each rear door, centered under the owner’s name, trade name, or insignia, and on the right side of the rear of the taxicab, so as to be clearly visible from the rear.

     

    505.8               All letters and numbers on independently operated taxicabs shall be Gothic in style, three inches (3 in.) high, three eighths of an inch (3/8 in.) wide, and with three eighths of an inch (3/8 in.) between each digit and the inside edge.  The letters and numbers shall also be painted as follows:

     

    (a)        On taxicabs with the body painted black, the numbers, letters, and rectangles shall be white; or

     

    (b)        On taxicabs with the body painted white, the numbers, letters, and rectangles shall be black.

     

    New Subsections 505.9 and 505.10 are added to read as follows:

     

    505.9               An Independent Taxicab Number assigned by the Office to a taxicab shall not be transferred to another taxicab, except by the Office. 

     

    505.10             If an Independent Taxi Number assigned by the Office is surrendered by the operator or revoked by the Commission, the number may not be reclaimed after six (6) months and the assigned number may be redistributed by the Office.

     

    Section 507, TRANSFER OF OWNER OR OPERATOR, is amended to read as follows:

     

    507                  TRANSFER OF OWNERSHIP, MANAGEMENT, OR OPERATION

     

    507.1               A taxicab company, association, or fleet shall file an application for transfer approval with the Office before transferring the ownership, operation, or management of the company, association, or fleet.  In addition, a company, association, or fleet shall file an application with the Office before an owner or operator either exits or enters the company, association, or fleet.

     

    507.2               An application required by § 507.1 shall be filed on a form provided by the Office accompanied by a non-refundable application fee of five hundred dollars ($500).

     

    507.3               The application shall include the following information as it relates to all parties leaving or entering the ownership of the company, association, or fleet:

     

    (a)        The name, address, telephone number, e-mail address, and fax number of the applicant;

     

    (b)        Clean Hands Act certification from the Office of Tax and Revenue and certificate of compliance from the Internal Revenue Service or a certified copy of filed federal tax return;

     

    (c)        A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 502 of this chapter;

     

    (d)       A copy of the current by‑laws and other rules and regulations relating to the applicant’s organization and operations;

     

    (e)        Certificate-of-identity information on a form provided by the Office, stating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the Office;

     

    (f)        The following information, if the applicant is a partnership, shall also be included:

     

    (1)        A certified copy of the partnership certificate; and

     

    (2)        A list of the partners, including the name, residential address, and telephone number of each partner;

     

    (g)        The following information, if the applicant is a corporation, shall also be included:

     

    (1)        A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, or his or her designee, if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;

     

    (2)        A copy of its articles of incorporation; and

     

    (3)        A list of its officers including the name, residential address, and telephone number of each officer;

     

    (h)        The name, address, telephone number, and e-mail address for the applicant’s District of Columbia resident agent for service of process;

     

    (i)         An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;

     

    (j)         A statement by the applicant that the company, association, or fleet will not discriminate against employees or customers and will provide taxicab services throughout the District of Columbia;

     

    (k)        A listing of membership, insurance, dispatch, and rental fees where applicable;

     

    (l)         A listing of the drivers, including Face ID numbers and a list of taxicabs owned or in any way affiliated with applicant, including registration tag numbers and vehicle identification numbers; and

     

    (m)       A statement indicating that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.

     

    507.4               The application shall include a copy of the Letter of Intent to Sale/Purchase or other evidence of the intent to sale and purchase between the parties.

     

    507.5               The Office may, upon request, transmit a copy of the application to the company, association, or fleet that the owner or operator leaves or enters or share the fact that a request for transfer of ownership has been filed with those drivers affiliated with the company, association, or fleet.

     

    507.6               Notice of any change in the information provided in the application for transfer approval shall be filed with the Office immediately, if the application has not yet been approved, or within five (5) business days of the change, if the application has been approved.

     

    507.7               An application for transfer approval may be denied if:

     

    (a)                The Certificate of Operating Authority of the company, association, or fleet is not in good standing with Commission;

     

    (b)               Either the transferor or transferee is unable to qualify for a Clean Hands Certificate;

     

    (c)                If the documentation presented is incomplete, incorrect, conflicting, misleading, or fraudulent; or

     

    (d)               The company, association, or fleet fails to be in compliance with any of the licensing requirements.

     

    Section 508, DISCRIMINATION PROHIBITED, is amended as follows:

     

    Subsections 508.1 through 508.3 are amended to read as follows:

     

    508.1               No taxicab company, association, or fleet, or its agent, shall discriminate based upon race, color, religion, national origin, sex, age,  marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, or place of residence or business.  

     

    508.2               Discriminatory conduct may include, but is not limited to the following:

     

    (a)                Not picking up a passenger on the basis of any protected characteristic or trait, including an individual with a service animal;

     

    (b)               Requesting that a passenger get out of a taxicab on the basis of a protected characteristic or trait;

     

    (c)                Using derogatory or harassing language on the basis of a protected characteristic or trait; or

     

    (d)               Refusing calls or street hails beginning or ending in specific geographic areas of the District

     

    508.3               Discrimination based on a disability may include refusing to assist in the transportation of a person using a Service Animal or Comfort Animal because of an undocumented personal allergic reaction to animals or potential allergic reactions of future customers.

     

     Section 509, PENALTY, is repealed.

     

    A new section 510 is added to read as follows:

     

    510                  COMPLIANCE WITH LICENSING REQUIREMENTS; SUSPENSIONS AND REVOCATIONS

     

    510.1               If at any time during the term of the license of the company, association, or fleet the Commission becomes aware that the licensee no longer meets the requirements for licensure, the Commission may suspend or revoke the license.  Examples of such non-compliance include, but are not limited to, failure to maintain the minimum number of vehicles, failure to have a bona fide place of business in the District, and failure to maintain insurance on vehicles.

     

    510.2               The Chairman may summarily suspend the license of a taxicab company, association, or fleet if the continued operation of the company, association, or fleet presents a threat to the public health, safety, or welfare. Examples include, but are not limited to, repeated use of unlicensed operators, unlicensed vehicles, and uninsured vehicles.

     

    510.3               An appeal of an action taken by the Commission pursuant to this section may be heard by the Office of Administrative Hearings.

     

    A new section 511 is added to read as follows: 

     

    511                  FRAUD, MISREPRESENTATION, LARCENY, AND OTHER UNLAWFUL ACTIVITIES PROHIBITED

     

    511.1               No owner, agent, or employee of a taxicab company, association, or fleet, or his or her representative or affiliate, while performing duties and responsibilities for the taxicab company, association, or fleet, shall commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny.  Examples of fraud, larceny, or misrepresentation include, but are not limited to:

     

    (a)        Falsification or counterfeiting of an official document;

     

    (b)        Knowingly accepting falsified, counterfeit, or duplicated official documents;

     

    (c)        Making a false, misleading, deceptive, or materially incomplete statement, written or oral, to the Commission or a Commission representative or on an application or in a communication to the Commission or Commission representative; or

     

    (d)       Knowingly concealing or misrepresenting the true ownership of a taxicab or a taxicab company, association, or fleet.

     

    511.2              An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not willfully perform an act of omission or commission that is against the best interest of the public, even if the act is not specifically prohibited by these rules.

     

    511.3               An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not use or permit another person to use an office of the company, association, or fleet for an unlawful purpose.

     

    511.4               An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not conceal evidence of a crime connected with the company, association, or fleet.

     

    511.5               An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall report immediately to the Commission and the appropriate law enforcement authority any attempt to use any office of the company, association, or fleet for any unlawful purpose.

     

    511.6               An owner, agent, or employee of a taxicab company, association, or fleet or his or her representative or affiliate shall not file with the Commission a statement that he or she knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

     

    A new section 512 is added to read as follows:

     

    512                  BRIBERY PROHIBITED

     

    512.1               An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall not offer or give a gift, gratuity, or thing of value to an employee, representative, or member of the Commission, or a District government employee.

     

    512.2              An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall immediately report to the Commission and the Inspector General a request or demand for a gift, gratuity, or thing of value by an employee, representative, or member of the Commission, or a District government employee.

     

    512.3               An owner, employee, or agent of a taxicab company, association, or fleet or his or her representative or affiliate shall not accept a gift, gratuity, or thing of value from an owner or operator of a vehicle licensed by the Commission, or an individual or other person actually or purportedly acting on behalf of the owner or operator in exchange for omitting an act required by this title or committing a violation of this title.

     

    512.4               An owner, employee, agent, or representative or affiliate of a taxicab company, association, or fleet shall notify the Commission in writing no later than twenty-four (24) hours after becoming aware of any offer of a gift, gratuity, or thing of value prohibited by this section, including any prohibited gift, gratuity, or thing of value provided to or by another employee, agent, or representative or affiliate.

     

    A new section 513 is added to read as follows:

     

    513                  THREATENING, HARASSING, AND ABUSIVE CONDUCT PROHIBITED

     

    513.1               An owner, employee, agent, or representative or affiliate of a taxicab company, association, or fleet, while performing duties or responsibilities related to the operations of the taxicab company, association, or fleet, shall not:

     

    (a)        Threaten, harass, or abuse a Commission representative, District government employee, or other person; or

     

    (b)        Use or attempt to use physical force against a Commission representative, District government employee, or other person.

     

    A new section 514 is added to read as follows:

     

    514                  NOTIFICATION OF CRIMINAL CONVICTION OR CHANGE IN LICENSEE INFORMATION

     

    514.1               An owner of a taxicab company, association, or fleet; a member of a partnership that owns a taxicab company, association, or fleet; or an officer or shareholder holding more than five percent (5%) of the shares of a corporation or other entity that owns a taxicab company, association, or fleet, shall:

                           

    (a)        Notify the Commission in writing of his or her conviction for a crime no later than fifteen (15) days after the conviction; and

     

    (b)        Deliver to the Commission a certified copy of the certificate of disposition issued by the clerk of the court no later than fifteen (15) days after the conviction.

     

    514.2               In accordance with § 507.6, an owner of a taxicab company, association, or fleet shall notify the Commission of a material change in the information contained on the  most recent license or renewal application of the taxicab company, association, or fleet, no later than five (5) business days after such change.

     

    514.3               An owner, employee, agent, or representative of a taxicab company, association, or fleet or a person acting on his or her behalf, shall notify the Commission in writing of the arrest of a taxicab operator who is employed by or in affiliation or association with the taxicab company, association, or fleet, no later than fifteen (15) days after knowledge of the arrest. 

     

    A new section 515 is added to read as follows:

     

    515                  NOTIFICATION OF ANY LICENSE SUSPENSION OR REVOCATION

     

    515.1              An owner, employee, agent, or representative of a taxicab company, association, or fleet or another person acting on the owner’s behalf shall notify the Commission in writing no later than ten (10) business days after the suspension or revocation of a license, permit, certificate, or authority granted to the licensee by an agency of the District of Columbia, Maryland, Virginia, or federal government.

     

    A new section 516 is added to read as follows:

     

    516                  COOPERATION WITH THE COMMISSION

     

    516.1               An owner, employee, agent, or representative or affiliate of a taxicab company, association, or fleet shall, at all times, cooperate with all instructions of law enforcement officers, hack inspectors, and representatives of the Commission.

     

    516.2               An owner of a taxicab company, association, or fleet shall in a timely manner answer and comply with all questions, communications, notices, directives, and summonses from the Commission or its representatives, including the collection of information or data from any taxi driver-owner that is affiliated with or operating under the company, association, or fleet’s color (§602.1(d)).

     

    516.3               A licensee shall produce his or her original official Commission license and other requested documents when a hack inspector, law enforcement officer, the Commission, or an authorized agent of the Commission requests such documents.

     

    A new section 517 is added to read as follows:

     

    517                  LIABILITY FOR CONDUCT OF EMPLOYEES

     

    517.1               The owners of a taxicab company, association, or fleet shall supervise and be responsible for the conduct of all its employees, affiliates, contractors, and agents.  The conduct for which each owner shall be responsible includes ensuring that the taxicabs of the company, association, or fleet are:

     

    (a)        Operated with all proper licenses;

    (b)        Operated with all proper insurance;

     

    (c)                 Operated in a safe and operational manner at all times; and

     

    (d)                Operated by an operator who is not impaired by alcohol or drugs.

     

    A new section 518 is added to read as follows:

     

    518                  PENALTY

    518.1               A violation of this chapter shall be subject to

    (a)        The fines and penalties set forth in § 825 of this title or in this chapter; provided, that where a specific fine or penalty is not listed in 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) (2011 Supp.);

    (c)        License suspension, revocation, or non-renewal; or

    (d)       Any combination of the sanctions listed in this subsection.

     

    518.2               A taxicab company, association, or fleet may appeal a monetary fine to the Office of Administrative Hearings.

     

    518.3               The Commission may recommend to the appropriate government agency the suspension or revocation of any license or privilege to do business in the District of Columbia for failure to comply with Commission rules or sanctions imposed by the Commission.