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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(b)(1) (C), (D), (E), (F), (G), (I) and (J), 14, 20, and 20a 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), (D), (E), (F), (G), (I), and (J) (2009 Repl.)); D.C. Official Code § 50-313 (2009 Repl.; 2012 Supp.); D.C. Official Code § 50-319 (2009 Repl.); and D.C. Official Code § 50-320 (2012 Supp.); D.C. Official Code § 47-2829 (b), (d), (e), (e-1), and (i) (2012 Supp.); and Section 12 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1920, and for other purposes, approved July 11, 1919 (41 Stat. 104; D.C. Official Code § 50-371 (2009 Repl.)); hereby gives notice of its intent to amend Chapter 6 (Taxicab Parts and Equipment) of the District of Columbia Municipal Regulations (DCMR)
This rulemaking was adopted as emergency and proposed rulemaking by the Commission on May 24, 2013, took effect on an emergency basis on May 31, 2013, and was published on June 7, 2013 in the D.C. Register at 60 DCR 8692. The Commission received comments after the comment period, which expired on July 8, 2013. The Commission considered those comments, including new issues not previously considered, and decided to publish these rules as final without any changes.
The rules provided necessary updates to the regulatory framework to implement the modern taximeter system (MTS), preventing legal incongruities that will halt the implementation of the MTS, and providing the residents and visitors consumer and safety improvements. This final rulemaking was adopted on July 17, 2013 and will take effect upon publication 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 600, APPLICATION AND SCOPE, is amended to read as follows:
600.5 The enforcement of this chapter shall be governed by the procedures set forth in Chapter 7 of this title.
600.6 If, at the time of a violation, the procedures in Chapter 7 do not extend in their terms to a person regulated by this chapter, violations of this chapter shall be enforced as if such person were a taxicab owner or operator.
Section 603, MODERN TAXIMETER SYSTEMS, is amended as follows:
Section 603.4 is amended to read as follows:
603.4 Dispatch services. Each taxicab company, independent owner, or operator may associate with one or more dispatch services to receive telephone or digital dispatches, provided the DDS used is in compliance with Chapter 16 and all other applicable requirements of this Title and other applicable laws. Each taxicab company and independent owner may associate with one or more digital dispatch services to provide digital payment, provided the digital dispatch service is in compliance with Chapters 4, 8, and 16. It shall be the responsibility of each taxicab company and independent owner to report to the Office any occasion when they have personally observed a PSP or DDS failing or refusing to comply with the integration requirements of Chapter 4 for the processing of digital payments.
Section 603.6 is amended to read as follows:
603.6 All costs associated with obtaining an MTS unit, including installation and certification (including those associated with adding the passenger console and safety feature required by § 603.8(n)), operation, compliance with a provision of this title or other applicable law, compliance with an Office order, repair, lease, service and support, maintenance, and upgrade, shall be the responsibility of the taxicab company or independent owner, but may be allocated by written agreement among the taxicab company or independent owner, the PSP that provides it, or any other person.
Section 603.9 is amended to read as follows:
603.9 MTS service and support requirements.
Each MTS shall function with the service and support of the PSP, which shall at all times operate in compliance with Chapter 4, and shall maintain a data connection to each MTS unit that shall:
(a) Validate the status of the operator’s DCTC license (Face Card) in real-time by connecting to the Taxicab Commission Information System (TCIS) to ensure the license is not revoked or suspended, and that the operator is in compliance with the insurance requirements of Chapter 9;
(b) Validate the status of the taximeter component of the MTS unit (such as hired, vacant, or time-off) in real-time to ensure that it cannot be used until the prior trip and the payment process connected with it have ended;
(c) Transmit to the TCIS every twenty-four (24) hours via a single data feed consistent in structure across all PSPs, in a manner as established by the Office, the following data:
(1) The date;
(2) The operator identification (Face Card) number and PVIN, reported in a unique and anonymous manner allowing the PSP to maintain a retrievable record of the operator and vehicle;
(3) The name of the taxicab company, association, or fleet if applicable;
(4) The PSP-assigned tour ID number and time at beginning of tour of duty;
(5) The time and mileage of each trip;
(6) The time of pickup and drop-off of each trip;
(7) The geospatially-recorded place of pickup and drop-off of each trip which may be generalized to census tract level;
(8) The number of passengers;
(9) The unique trip number assigned by the PSP;
(10) The taximeter fare and an itemization of the rates and charges pursuant to § 801;
(11) The form of payment (cash payment, cashless payment, voucher, or digital payment), and, if a digital payment, the name of the DDS;
(12) The time at the end of each tour of duty;
(d) Provide the Office with the information necessary to insure that the PSP pays and the Office receives the taxicab passenger surcharge for each taxicab trip, regardless of how the fare is paid; and
(e) Allow the PSP to comply with the integration and other requirements for processing digital payments pursuant to § 408.16.
