2801474 DC Taxicab Commission publishes Final Rules on operation of taxicab and public vehicles for hire
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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), (J), 14, and 20 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), (J) and 50-319 (2009 Repl.), and D.C. Official Code § 50-313 (2009 Repl.; 2011 Supp.); D.C. Official Code § 47-2829(b), (d), (e), (e-1), and (i) (2005 Repl.)); section 12 of the 1919 District of Columbia Taxicab Act, approved July 11, 1919 (41 Stat. 104; D.C. Official Code § 50-371 (2009 Repl.)); and Section 3 of the Taxicab Improvement Emergency Act of 2012, effective July 24, 2012 (D.C. Act 19-403; 59 DCR 9116) hereby gives notice of the adoption of amendments to chapter 8 (Operation of Taxicabs) of title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR).
The amendments will: (1) clarify that Hack Inspectors may make traffic stops in order to enforce the taxicab regulations and laws; (2) update regulations for the use of hands-free communication devices; (3) clarify regulations for the use of the radio when a passenger is in the taxicab; (4) clarify the “No Smoking” requirements and signage; (5) expand shared riding venue options and clarify shared riding fare calculation; (6) require the original operator identification (Face) card to be displayed at all times while the operator is in the taxicab; (7) clarify that the operator must remove his or her operator identification (Face) card from an unattended taxicab; (8) clarify violations for leaving the operator identification (Face) card accessible in an unattended taxicab; (9) prohibit duplicate or counterfeit operator identification (Face) cards or vehicle identification (DCTC) cards and the possession of duplicate and counterfeit cards; (10) impose operator standards of conduct and prohibit unlawful activities, including fraud, improper fare charges, bribery of government officials, receipt of gifts for or from government officials, and failure to report criminal convictions, and to impose a requirement to report violations to the Commission; (11) prohibit threats or abuse of any Commission representative, Office of Taxicabs representative, civil or law enforcement personnel, public servant, passenger, or other person; (12) require cooperation by operators with Commission personnel at all times; (13) update the regulation that prohibits loitering in front of hotels, theaters, public buildings, and public gatherings; (14) prohibit hotels from excluding licensed taxicabs from their taxicab stands; (15) update the requirement for the payment of all taxes, assessments, fines, fees, penalties, and interest owed to the District in excess of one hundred dollars ($100) at the time of payment for and receipt of a renewal of an operator identification (Face) card or vehicle identification (DCTC) card; (16) clarify that law enforcement personnel (including civilian Hack Inspectors) and personnel of the Office of Taxicabs may file complaints for violations of taxicab regulations or laws; (17) incorporate fee increases established in the Fiscal Year 2011 Budget Support Act of 2010; (18) establish increased fines to discourage misconduct; (19) require operators to accept requests from passengers to travel a certain route, if possible; (20) clarify the application of the reciprocity requirements; (21) authorize a medical exemption certificate for operators who can establish a documented medical condition that prevents traveling with small dogs/animals; and (22) clarify certain definitions.
The proposed rules were originally published on April 29, 2011, at 58 DCR 3783. The comment period expired on May 30, 2011. The Commission held a public hearing on Wednesday, May 11, 2011 to receive oral comments on the Commission’s proposed amendments to Chapter 8. The Commission received a number of valuable comments from the public and considerably revised the proposed rules in light of suggestions and comments received at the public meeting and during the written comment period.
The proposed rules were published for a second time on August 12, 2011, at 58 DCR 7179. The comment period expired on September 12, 2011. The proposed rules were tabled for a period of time for review by the new Chairman of the Commission. A second public hearing was held on June 6, 2012, to receive oral comments on the August 12, 2011 publication. The Commission again received valuable comments from the public and again revised the proposed rules in light of the suggestions and comments received at the public meeting and during the written comment period.
The proposed rules were published for a third time on June 22, 2012, at 59 DCR 7525. The comment period expired on July 23, 2012. The Commission received no further comments.
The definition of “Public Vehicle for Hire” was changed to conform to the definition contained in the Taxicab Improvement Emergency Act of 2012. No other substantive changes have been made to the proposed rulemaking.
The Commission adopted the rulemaking as final on August 8, 2012. These final rules will become effective upon publication of this notice in the D.C. Register.
Chapter 8, OPERATION OF TAXICABS, of title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the District of Columbia Municipal Regulations is amended as follows:
Section 800, APPLICATION AND SCOPE, is amended to read as follows:
800 APPLICATION AND SCOPE
800.1 This chapter shall apply to the operation of every public vehicle for hire licensed in the District of Columbia, including taxicabs and limousines.
800.2 The provisions of this chapter shall be interpreted to comply with the language and intent of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301, et seq. (2009 Repl.; 2011 Supp.)) (Act).
800.3 Enforcement of the Act and its implementing regulations may be accomplished during traffic stops by any Hack Inspector, police officer, or other duly appointed law enforcement personnel. A traffic stop may include, but is not limited to, stops to verify compliance with license requirements; insurance and proof of insurance requirements; stops to inspect vehicles for compliance with safety standards; and stops made in response to observed conduct which may constitute safety and service violations. All traffic stops must be based on reasonable suspicion of a violation of law or regulation or public safety, and must be in accord with Commission General Orders.
Section 801, PASSENGER RATES AND CHARGES, is amended as follows:
Subsection 801.6 is amended as follows:
Paragraph (g) is amended as follows:
Subparagraph (1) is amended by deleting the final word “and”.
Subparagraph (2) is amended by deleting the final period and replacing it with “; and”.
A new subparagraph (3) is added to read as follows:
(3) A driver may request an Exemption Certificate from the Commission that certifies that he or she suffers from a documented diagnosed medical condition, such as allergies, which prevents him or her from traveling with such small dogs or other small animals securely enclosed in a carrier designed for that purpose. Without such Certificate a driver may NOT refuse to transport any passenger traveling with a small dog or other small animal, securely enclosed in such carrier. The certificate shall be on the form prescribed by the Commission and notarized by an appropriately licensed medical professional (for example, general practitioner or allergist). The Certificate must be renewed at each license renewal.
Subsection 801.7 is amended to read as follows:
801.7 In cases where more than one (1) passenger enters a taxicab at the same time on a pre-arranged basis (Group Riding or Shared Riding) bound for common or different destinations, in addition to any applicable charges set out in this section, the fare shall be charged as follows: As each passenger arrives to his or her destination, the fare then due shall be paid by the passenger(s) leaving the taxicab. There shall be a new flag drop and the passenger(s) remaining in the group shall pay in the same manner until the last passenger(s) arrives at his or her destination and the final taxicab fare is then paid. There shall be a new flag drop for each leg (or separate destination) of the trip.
Subsection 801.10 is amended to read as follows:
801.10 As provided in § 808, Shared Riding is only allowed from Union Station, Verizon Center, and Nationals Park at the direction of a Starter at designated taxi stands. The fare for Shared Riding shall be calculated in accordance with § 801.7.
Shared Riding may be authorized by the Chairman for other venues from time to time in order to address crowd control issues.
Section 803, CUSTOMER RECEIPTS FOR SERVICE, is amended as follows:
Subsection 803.1 is amended to read as follows:
803.1 At the end of each taxicab ride, the taxicab operator shall give a printed, meter-generated receipt that provides the following information:
(a) Operator’s name;
(b) Identification card number;
(c) Vehicle tag number;
(d) Time and date;
(e) Amount of the fare; and
(f) Commission’s complaint phone number.
New subsections 803.4 and 803.5 are added to read as follows:
803.4 The operator shall not give a customer a non-meter generated receipt; except, if the meter malfunctions during the process of printing the receipt then the operator may give that customer a non-meter generated receipt at the customer’s request. The non-meter generated receipt must include all information required in §803.1 and must be signed, legibly, by the driver.
803.5 The exception in § 803.4 does not relieve the operator of complying with the requirements that meters must be operational and have paper and ink at all times.
The operator must immediately proceed to an authorized meter repair shop and have the meter repaired.
Section 805, DISPOSITION OF DISPUTED SNOW EMERGENCY FARES, is amended as follows:
Subsection 805.5 is amended to read as follows:
805.5 If the Office is unable to resolve the matter within thirty (30) days after receipt of the written complaint, the matter shall be forwarded to the Office of Administrative Hearings pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01, et seq. (2007 Repl.; 2011 Supp.)), for disposition as a complaint.
Section 806, CARRYING AND MAKING CHANGE, is amended as follows:
Subsection 806.4 is amended to read as follows:
806.4 If the driver has informed the passenger of the lack of change as set forth in § 806.1 and the passenger presents the driver, at the destination, with a bill requiring change which the driver is unable to provide, the driver may allow the meter to continue running (or reset the meter if it has been stopped) to take the passenger to obtain change and return to the passenger’s original destination. The passenger must pay the total fare.
Section 807, SMOKING PROHIBITED/CELL PHONE USE, is repealed and replaced with:
807 SMOKING PROHIBITED/CELL PHONE USE
807.1 No taxicab or public vehicle for hire operator shall smoke or permit smoking in a vehicle while a passenger is being transported, pursuant to the District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1703(5) (2008 Repl.)).
807.2 Each taxicab or public vehicle for hire shall display the international “No Smoking" symbol. The symbol shall be at least six inches (6 in.) in diameter and shall consist of a cigarette surrounded by a circle with a diagonal line.
807.3 Pursuant to the District of Columbia Distracted Driving Safety Act of 2004, effective March 30, 2004 (D.C. Law 15-124; D.C. Official Code § 50-1731.04 (2009 Repl.)), a taxicab or public vehicle for hire operator shall not use a mobile phone or other electronic device while operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory. This prohibition does not apply to the use of mobile phones for bona fide emergency calls as defined at D.C. Official Code § 50-1731.04(b) (2009 Repl.).
807.4 A taxicab or public vehicle for hire operator shall not use a mobile phone or other electronic device, with or without a hands-free device, while carrying a passenger in the vehicle, except in the event of bona fide emergency calls, as defined at D.C. Official Code § 50-1731.04(b) (2009 Repl.), and then only with a hands-free accessory.
Section 808, GROUP RIDING AND SHARED RIDING, is amended to read as follows:
808 GROUP RIDING AND SHARED RIDING
808.1 Group Riding for pre-formed groups, as defined in § 899, is permitted at all times. No driver shall refuse to transport a pre-formed group at any time. Fares for Group Riding shall be calculated in accordance with §801.7.
808.2 Shared Riding, as defined in § 899, is only permitted at Union Station, Verizon Center, and Nationals Park at such times as are determined to be necessary to achieve adequate service by a Starter employed or authorized by Union Station, Verizon Center, or Nationals Park. The following requirements shall apply to Shared Riding:
(a) The Starter shall have the sole authority to determine when a taxicab shall depart after taking on passengers, except that after an initial passenger has been taken on, the starter shall not unreasonably delay the departure of the taxicab for the purpose of securing additional passengers;
(b) In the absence of a Starter, shared riding is prohibited.
(c) The general direction of the destination of the first passenger shall determine the general direction of that particular trip. Other passengers whose destinations lie generally in that direction may be transported to the extent of the design capacity of the taxicab;
(d) Passengers shall be discharged in the order of the arrival at their respective destinations. In the event any questions arise as to the order of arrival at any destination, the question shall be resolved in favor of the passenger who entered the taxicab first;
(e) Passengers have the right to refuse Shared Riding; and
(f) Fares for Shared riding shall be calculated in accordance with §801.7.
Section 814, DISPLAY OF IDENTIFICATION, is amended as follows:
Subsection 814.3 is amended to read as follows:
814.3 At all times when the taxicab is occupied by the driver; the original operator identification (Face) card issued to the driver pursuant to D.C. Official Code § 47-2829(e) (2005 Repl.; 2011 Supp.) shall be displayed in a bracket or receptacle of a type approved by the Commission and shall be firmly attached to the right sun visor so as to be visible to passengers.
Subsection 814.4 is amended to read as follows:
814.4 At all times when the operator is not in the vicinity of the taxicab, the operator shall remove the operator identification (Face) card from the vehicle to prevent theft. For purposes of this section “vicinity” means within twenty-five feet (25 ft.) of the taxicab.
A new subsection 814.7 is added to read as follows:
814.7 No person shall possess, display, or present a counterfeit, copy, or altered official government issued operator identification (Face) card or a counterfeit, copy, or altered official government-issued taxicab vehicle identification (DCTC) card. It shall be a violation to make, duplicate, obtain, purchase, possess, display, or present a counterfeit, copy, or altered government issued operator identification (Face) card or a counterfeit, copy, or altered taxicab vehicle identification (DCTC) card. Penalties for violations may include suspension, revocation, or non-renewal of the operator or vehicle license and/or a fine as provided in the table of fines found at § 825 of this title.
A new subsection 814.8 is added to read as follows:
814.8 Notwithstanding § 814.7, an operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued taxicab vehicle identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.
A new section 816 is added to read as follows:
816 STANDARDS OF CONDUCT; UNLAWFUL ACTIVITIES PROHIBITED
816.1 No operator of a public vehicle for hire, while performing duties and responsibilities as a licensed operator, shall commit or attempt to commit, alone or in concert with another, an act of fraud, misrepresentation, or larceny.
816.2 Examples of fraud, misrepresentation, or larceny include:
(a) Charging a fare other than the fare set by the Commission;
(b) Requesting, or participating in, adjustment of the tire size, driving axle, pinion gear, transducer, wiring, or other equipment, for the purpose of generating an inaccurate signal of time or distance into the taximeter;
(c) Receiving, purchasing, or using a device manufactured, sold, or installed, which is either designed to or does generate a false or inaccurate signal into the taximeter or which is not authorized by Title 31; and
(d) Entering fake or false entries into the manifest or any document or related record.
816.3 No public vehicle for hire operator shall use or permit any other person to use the vehicle for any unlawful purpose.
816.4 No public vehicle for hire operator shall conceal any evidence of a crime connected with the taxicab or public vehicle for hire.
816.5 A public vehicle for hire operator shall report immediately to the Commission, a hack inspector, or law enforcement personnel any attempt by a person to use a public vehicle for hire to commit a crime.
816.6 No public vehicle for hire operator or any person acting on his or her behalf shall file with the Commission any statement, including but not limited to statements required to be filed pursuant to these rules, which the operator knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.
816.7 A public vehicle for hire operator or a person acting on the operator’s behalf shall notify the Commission in writing of his or her arrest for a crime within five (5) days of such arrest and shall deliver or cause to be delivered to the Commission a certified copy of the disposition of any arrest issued by the clerk of the court within five (5) days after the disposition.
816.8 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing of any material change in the information contained in the owner’s latest license application or renewal within five (5) days after the material change occurs or becomes known to the operator.
816.9 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing within twenty-four (24) hours after a suspension or revocation of a public vehicle for hire license granted to the licensee, or a person acting on the licensee’s behalf, by an agency of the District of Columbia, Maryland, Virginia, the federal government, or by a regional licensing authority.
816.10 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall actively or passively offer or give a gift, gratuity, or thing of value to an employee, representative, or member of the Commission, the District of Columbia or federal governments, or regional licensing authority. This shall include any overt or covert act, including the leaving of money or other tangible items of value within the vehicle that remain in plain view of the government or regional authority employee, member or representative, which shall create a rebuttable presumption that the act was intentional.
816.11 A public vehicle for hire operator, or a person acting on the operator’s behalf, during the scope of the operator’s or person’s employment with a company or association shall immediately report to the Commission and the Inspector General of the District of Columbia or a law enforcement officer a request or demand for a gift, gratuity, or thing of value to the operator or person acting on his or her behalf by an employee, representative, or member of the Commission, District of Columbia or federal government, or a regional licensing authority.
816.12 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall accept a gift, gratuity, or thing of value, from an individual or other person actually or purportedly acting on behalf of an owner or operator for the purpose of committing a violation of these rules.
816.13 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall notify the Commission in writing within twenty-four (24) hours after any offer of a gift, gratuity, or thing of value prohibited by District laws, rules, and regulations, including Title 31.
816.14 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall perform any willful act which endangers or is against the best interest, health, or safety of the passenger or public, even if not specifically prohibited by Title 31 or other District laws, rules, and regulations. Examples include, but are not limited to:
(a) Aggressive driving;
(b) Offensive or profane language or gestures;
(c) Tailgating;
(d) Demanding pre-payment or a tip from passenger;
(e) Illegal driving maneuvers;
(f) Impeding passenger exit from the vehicle;
(g) Withholding a passenger’s luggage;
(h) Spitting on a passenger or pedestrian; or
(i) Demanding that a passenger leave the vehicle in an unsafe manner or location.
816.15 For each violation of this section a public vehicle for hire operator, or a person acting on the operator’s behalf, shall be subject to:
(a) The fines set forth in § 825 of this chapter;
(b) Impoundment of the vehicle associated with the violation pursuant to 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 (2009 Repl.; 2011 Supp.));
(c) License suspension, revocation, or non-renewal; or
(d) A combination of the sanctions listed in this subsection.
A new section 817 is added to read as follows:
817 THREATENING, HARASSING, OR ABUSIVE CONDUCT PROHIBITED
817.1 No public vehicle for hire operator, or a person acting on the operator’s behalf, shall:
(a) Threaten, harass, or abuse a passenger, a Commission representative, civil or law enforcement personnel, government employee, another operator, or other person; or
(b) Use, threaten, or attempt to use physical force against a passenger, a Commission representative, civil or law enforcement personnel, government employee, or another operator or other person.
817.2 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall at all times cooperate with civil or law enforcement officers, including Hack Inspectors and other representatives of the Commission.
817.3 A public vehicle for hire operator, or a person acting on the operator’s behalf, shall answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives (including Hack Inspectors) and all other law enforcement personnel.
817.4 No public vehicle for hire operator shall fail or refuse to obey an order or directive of Commission personnel (including Hack Inspectors) and local or federal law enforcement personnel.
817.5 A taxicab or public vehicle for hire operator shall produce his or her original Commission license and other documents whenever directed by the Commission or civil or law enforcement personnel. A violation of this section shall represent a failure to obey as set forth in § 817.3.
817.6 For each violation of this section, a public vehicle for hire operator or a person acting on the operator’s behalf shall be subject to:
(a) The fines set forth in § 825 of this chapter, or if a specific fine or penalty is not listed in this chapter, a fine of one hundred dollars ($100);
(b) Impoundment of the vehicle associated with the violation pursuant to 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 (2009 Repl.; 2011 Supp.));
(c) License suspension, revocation, or non-renewal;
(d) Remedial action to assure the safety of the public as a condition of re-instatement of a license after suspension or revocation, including but not limited to:
(1) Attending an anger management course;
(2) Cultural sensitivity training; or
(3) Re-taking the operator training course; or
(e) Any combination of the sanctions listed in this subsection.
817.7 In the sole discretion of the Commission, a public vehicle for hire operator subject to suspension or revocation for a violation of this section may be offered the opportunity to successfully complete a course of remedial action approved by the Commission in lieu of license revocation or suspension.
817.8 The cost of any course of remedial action required pursuant to § 817.6 or 817.7 shall be borne by the licensee.
817.9 A decision of the Commission to refuse an offer of remedial action in lieu of license revocation or suspension, or a determination by the Commission that an offered course of remedial action was not successfully completed, is not subject to appeal or review.
Section 818, DISCRIMINATION PROHIBITED, is amended as follows:
Section 818 is amended to read as follows:
818.1 No public vehicle for hire operator, company, association, or fleet shall discriminate on the basis of any protected characteristic or trait, including race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family status, family responsibility, genetic information, political affiliation, disability, matriculation, or source of income, or place of residence or business.
818.2 Discriminatory conduct prohibited by this section includes, but is not limited to, the following:
(a) Not picking up a passenger on the basis of any protected characteristic or trait, including not picking up a passenger 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; and
(d) Refusing a call in a specific geographic area of the District.
Section 819, SOLICITING PASSENGERS, is amended as follows:
The title of Section 819 is amended to read as follows:
Consumer Service and Passenger Relations
Subsection 819.5 is amended as follows:
Subsection 819.5(c) is amended by deleting the final word “or”.
Subsection 819.5(d) is amended by deleting the final period and replacing it with “; or”.
A new subsection 819.5(e) is added
819.5 (e) The passenger(s) is engaged in lewd, lascivious, or sexual behavior in the taxicab at anytime while the trip is in progress, after the operator has asked the passenger(s) at least once to stop the conduct.
Section 821, TAXICAB STANDS, is amended by adding new subsections 821.5, 821.6, and 821.7 to read as follows:
821.5 No public vehicle for hire shall loiter in front of a hotel, theater, public building or place of public gathering, or in the vicinity of a taxicab stand which is occupied to full capacity. Specifically, there shall be no stopping, except to either take on or discharge a passenger, or unnecessarily slow driving. A public vehicle for hire operator shall be subject to a fine as provided in the table of § 825.2 for a violation of this subsection.
821.6 No keeper or proprietor of a licensed hotel in the District of Columbia, or a person employed by or acting on his or her behalf, shall exclude a District-licensed taxicab operator from picking up passengers at a taxicab stand or other location where taxicabs are regularly allowed to pick up passengers on the hotel premises. Pursuant to D.C. Official Code § 50-371 (2009 Repl.), a violation of this subsection is punishable by a fine of three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both.
821.7 A posted taxicab stand may be occupied only by a District of Columbia-licensed taxicab that is available for hire.
Section 822, OPERATION OF TAXICABS, is amended as follows:
The title of Section 822 is amended to read as follows:
Operation of Public Vehicles for Hire
Subsection 822.1 is amended to read as follows:
822.1 No person shall be issued or allowed to renew a license for a public vehicle for hire vehicle identification (DCTC) card or operator identification (Face) card under D.C. Official Code §§ 47-2829(d) and (e) (2005 Repl.; 2011 Supp.)) unless that person has paid, together with the cost of the license; any outstanding assessment ordered by the Commission pursuant to D.C. Official Code § 50-320 (2009 Repl.; 2011 Supp.); all fines imposed for notices of infractions issued for violations of Commission rules or District traffic or parking regulations involving the operation of a public vehicle for hire; and all other outstanding taxes, fines, fees, penalties, or interest owed to the District in excess of one hundred dollars ($100) pursuant to D.C. Official Code § 47-2862 (2005 Repl.; 2011 Supp.). If the applicant has properly and timely filed an appeal of the assessment, taxes, fine, fees, penalties or interest and the appeal is still pending, the applicant shall be given temporary operating authority (a temporary license) pending disposition of the appeal.
A new subsection 822.2 is added to read as follows:
822.2 No person shall counterfeit, make, duplicate, obtain, purchase, possess, display, or present a counterfeit, false, or altered official government issued operator identification (Face) card; a counterfeit, false, or altered official government issued public vehicle for hire identification (DCTC) card; or a temporary license issued pursuant to § 822.1. Penalties for a violation of this provision may include license suspension, revocation, or non-renewal, a fine as provided in § 825, or both. However, an operator may make, and keep secured, a personal copy of his or her official government issued operator identification (Face) card or official government issued public vehicle for hire identification (DCTC) card in his or her personal files. This personal copy may not be carried in the vehicle or presented or displayed as proof of licensure.
Current subsections 822.2 through 822.21 are renumbered 822.3 through 822.22.
Subsection 822.15, which will be renumbered 822.16, is amended to read as follows:
822.16 Taxicab operators shall travel the most direct and reasonable route between the origin and destination of each trip, as reasonably determined by the operator. To the extent feasible, taxicab operators shall utilize a global positioning system (“GPS”) device or a smart phone containing a GPS function to determine the most direct and reasonable route. The operator, if at all possible or in instances where the operator is unsure of the route, shall accept direction from the passenger to travel a certain route to the destination.
Subsection 822.20, which will be renumbered 822.21, is amended to read as follows:
822.21 At the request of the passenger, a taxicab operator shall turn off or turn down the sound on a radio, other than the radio used for communications with a dispatcher.
Section 823, MANIFEST RECORD, is amended as follows:
Subsection 823.1 is amended to read as follows:
823.1 Every operator of a public vehicle for hire shall maintain a daily log record (manifest) of all trips made by the vehicle while under his or her control. A manifest shall be on a form approved by the Commission or, when applicable, in an electronic form provided by the Taxi Smart Meter System that contains, at a minimum, all information required by §823.2. An electronic manifest must be capable of providing a printed record immediately upon request by a Hack Inspector, law enforcement personnel, or other Commission personnel.
A new subsection 823.5 is added to read as follows:
823.5 The daily manifest shall not be altered in any manner. Evidence of alternation may include, but is not limited to, changing or striking out any of the information required by § 823.2, attempting to manipulate the manifest provided by the Taxi Smart Meter System or completing the manifest with false information after it has been requested by a Hack Inspector, law enforcement personnel, or other Commission personnel. An altered manifest represents a failure to properly complete and maintain a manifest and any corresponding violation represented by the actual alteration, such as a failure to charge proper fare or a failure to haul when on duty, for which fines are provided in this chapter. However, when applicable a correction of a written, rather than an electronic, manifest by an operator is permitted when a mistake or error is struck out, initialed, and dated by the operator.
Subsection 823.5 is renumbered 823.6 and is amended to read as follows:
823.6 Manifests are official records of all trips made by a public vehicle for hire operator and the consumers served and are to be maintained securely for presentation to the Commission upon request. The manifest requirement applies also to out-of-state public vehicles for hire picking up passengers in the District of Columbia pursuant to § 828.
Section 824, SANCTIONS AND PENALTIES, is amended as follows;
Subsections 824.1 and 824.2 are amended to read as follows:
824.1 A person who violates a Commission rule may, upon determination of liability, be subject to civil fines or other sanctions pursuant to the District of Columbia Taxicab Commission Establishment Act of 1985, this title, and other District of Columbia laws and regulations.
824.2 Penalties for violations of § 819 (Consumer Service and Passenger Relations) and § 821 (Taxicab Stands) shall be as provided in D.C. Official Code § 50-371 (2009 Repl.).
New Subsections 824.5 through 824.9 are added to read as follows:
824.5 For each violation of this section, a public vehicle for hire operator or a person acting on the operator’s behalf shall be subject to:
(a) The fines set forth in § 825 of this chapter, or if a specific fine or penalty is not listed in this chapter, a fine of one hundred dollars ($ 100);
(b) Impoundment of the vehicle associated with the violation pursuant to 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 (2009 Repl.; 2011 Supp.));
(c) License suspension, revocation, or non-renewal;
(d) Remedial action, to assure the safety of the public, as a condition of re-instatement of a license after suspension or revocation, including but not limited to:
(1) Attending an anger management course;
(2) Cultural sensitivity training; or
(3) Re-taking the operator training course; or
(e) Any combination of the sanctions listed in this subsection.
824.6 Where a licensee is the subject of three (3) or more complaints resulting in findings of liability for civil infractions during any one year period, the Chairperson of the Commission, in the Chairperson’s sole discretion, may offer the licensee the option to successfully complete a course of remedial action in lieu of revocation or suspension of the license.
824.7 The cost of any course of remedial action pursuant to § 824.5 or 824.6 shall be borne by the licensee.
824.8 A decision of the Chairperson to refuse to make an offer of remedial action in lieu of license revocation or suspension of the license, or a determination that an offered course of remedial action was not successfully completed by the licensee, is not subject to appeal or review.
Section 825, CIVIL FINES FOR TAXICAB INFRACTIONS, is repealed and replaced with:
825 TABLE OF CIVIL FINES AND PENALTIES
825.1 The civil infractions and their respective fine amounts set forth in this section are applicable to the operation of all public vehicles for hire. These civil infractions and their respective fines do not include moving violations for which jurisdiction remains within other District, federal or municipal agencies and/or the Superior Court of the District of Columbia or other courts of original jurisdiction.
825.2 Civil infractions and their respective fine amounts shall be:
INFRACTION
FINE ($)/PENALTY
Accident
Failure to report to insurance carrier
within specified time
$100
Air Conditioning
Improperly operating system
$125
Animals
Failure to comply with § 801.6(g)
$50
Service Animals
Failure to comply with § 801.6(h)
$100
Cell Phone Use
Cell phone use prohibited while operating vehicle in compliance with § 807.2
$100
Change in Information
Failure to notify the Office of Taxicabs of a change in information
$100
Conduct
Unlawful activities as outlined in § 816, threatening, harassing, or abusive conduct or attempted threatening, harassing, or abusive conduct as outlined in § 817 or violation of any affirmative obligation or prohibition outlined in chapter 5 of this Title
$500, Impoundment of the vehicle, license suspension, revocation, or non-renewal, or a combination of the sanctions listed in § 817
Cruising Lights
Broken
$50
Failure to have
$100
Failure to use properly
$50
Curb
Failure to pull to curb to pick up
and discharge passenger(s)
$50
Dirty Taxicab
$100
Dress of Operator
Unkempt or improperly dressed
$50
Fares
Failure to charge proper fare/overcharge
$150
Failure to give a receipt
$150
Hack Stand
Exclusion of DCTC licensed taxicab by
proprietor, owner, or agent
$300
Taxi at stand/driver more than five feet (5 ft.) from cab
Non-taxi on hack stand
$25
$25
Taxi parked off hack stand
Limousine parked on hack stand
$25
$50
Heating
Improperly operating system
$125
Hubcaps and Wheel Covers
Failure to have
$25
Identification Cards/Licenses
Displaying, possessing, or presenting a counterfeit, copy, or altered official government issued operator identification (Face) card
$1,000, license suspension, revocation, or non-
renewal or a combination of the sanctions listed
Displaying, possessing, or presenting a counterfeit, copy, or altered official government issued taxicab vehicle identification (DCTC) card
$1,000, license suspension, revocation, or non-renewal or a combination of the sanctions listed
Failure to display for passenger(s) view
$100
Operating without possession of a valid identification (Face) card
$500
Failure to have Face card with vehicle
$500
Permitting the operation without possession of a valid identification (Face) card
Operating without a Special Event Vehicle-for-Hire Permit
$500
$500
Failure to remove identification (Face) card when away from taxicab
$50
Insignia
Failure to have proper colors,
number, or insignia on vehicle
$50
Inspection
Failure to display current sticker
$100
Failure to replace lost/mutilated sticker
$75
Failure to report for inspection
$75
Operating with an expired sticker
$150
Insurance
Failure to have
Failure to have proof of insurance
$500 and impoundment of vehicle
$100
Loitering (Taxi or Limo)
$50
Lost & Found
Failure to deposit items with Commission
in accord with § 1012
$100
Manifest (Taxi and Limo)
Failure to have approved form in possession
$50
Failure to properly complete and maintain
$25
Failure to provide manifest to Hack Inspector, law enforcement personnel, or Commission personnel
$100
Smoking Prohibited
Smoking while transporting passengers in violation of
§ 807.1
$250
Orders of Enforcement Personnel
Failure to obey an order of a Hack Inspector or other
$100
law enforcement personnel engaged in the enforcement of taxicab and public vehicle for hire laws and regulations.
See § 817.4
Operating Unsafe Public Vehicle for Hire (taxi and limo)
Violation of §608
$100, impoundment of the vehicle, license suspension, revocation or non-renewal or any combination
Passenger Safety and Service
Loading or unloading in crosswalk
$50
Overloading
Asking destination/violation of § 819.9
$50
$50
Refusal to haul/discrimination/violation of § 818/819.4
$500
Illegal shared ride
$250
Property (Found in vehicle)
Failure to report and deliver property left in vehicle to
Office of Taxicabs
$25
Rate Sticker Sign
Failure to display rate and fees schedule
$150
Seat Belts
Failure to have mandatory use of seat belts signage
$100
Signs
Improper use of "Off Duty" sign
$100
Improper use of "On Call" sign
$100
Failure to display the international “No Smoking" symbol
$25
Soliciting
$50
Speedometer or Odometer
Defective
$250
Taximeter
Tampering with meter or meter seals
$1,000 or license
suspension, revocation, or
non-renewal or any combination of the sanctions listed
Operating without meter
$1,000 or license
suspension, revocation, or non-renewal or any combination of the sanctions listed
Operating with non-functional meter
$1,000 or license
suspension, revocation, or non-renewal or any combination of the sanctions listed
Failure to provide meter statistics to government agency
$1,000 or license suspension, revocation, or non-renewal or any combination of the sanctions listed
Operating a taxicab with “off-size” wheels or tires
$1,000 or license
suspension, revocation, or non-renewal or any combination
Unlicensed Operator
District resident
$1,000 and
impoundment of vehicle
Non-resident (§828)
$1,000 and impoundment of vehicle
Unlicensed Vehicle
District resident
$1,000 and impoundment of vehicle
Non-resident (§828)
$1,000 and impoundment of vehicle
825.3 The civil fines set forth in this section shall be doubled for the second violation of the same infraction within a twelve (12) month period. Further the civil fine shall be doubled once more for a subsequent violation or violations of the same infraction within a twenty-four (24) month period.
825.4 Where a specific civil fine or penalty is not provided in the table of fines, the fine shall be one hundred dollars ($100).
Section 826 is repealed and replaced with:
826 FILING OF COMPLAINTS
826.1 In addition to complaints which may be filed pursuant to the District of Columbia Taxicab Commission Establishment Act of 1985 and this title, law enforcement personnel, including civilian Hack Inspectors, Commission members, and Office personnel engaged in the administration, adjudication, or enforcement of taxicab laws and regulations, may file a complaint for any violation of §§ 816, 817, 822.2, or 822.3.
Section 827, TAXICAB OPERATOR AND VEHICLE FEES, is amended to read as follows:
827 PUBLIC VEHICLE FOR HIRE OPERATOR AND VEHICLE FEES
827.1 The following fees shall be applicable to the processing of applications for public vehicle for hire operator and vehicle licenses, testing, and requests for information:
APPLICABLE FEE
($)
Annual Public Vehicle for Hire Vehicle License
DCTC Vehicle License (Taxi and Limo)
$75 per year
Non-residency DCTC Taxicab Vehicle License
$100 per year
Annual Operator ID License
Hack License/Face Card
Limo License/Face Card
Assessment Fund Fee (Taxicab and Limousine)
$75 per year
$150 for 2 years
$100 per year
$200 for 2 years
$50 per year
Duplicate
1st time
$100
All subsequent times
$150
Fingerprint Fee
$41.50
Not Valid for Hire License
$100
Duplication/copies
Records (per page)
$0.25
Information/Freedom of Information Act Requests
(Per Quarter Hour Charge per Request)
Search by personnel Grade 1-8
$4
Search by personnel Grade 9-13
Search by personnel Grade 14+
$7
$10
Pre-License Testing
1st Testing
$58
2nd Testing
$26
3rd Testing
$26
Section 828, TAXICAB RECIPROCITY WITH SURROUNDING JURISDICTIONS, is amended to read as follows:
828 RECIPROCITY WITH SURROUNDING JURISDICTIONS
828.1 Public vehicle for hire operators and vehicles properly licensed in jurisdictions outside of the District of Columbia, including but not limited to Arlington County, Fairfax County, or the City of Alexandria in Virginia or Montgomery County and Prince George’s County in Maryland may pick up passengers in the District for transport directly to their respective jurisdiction of licensure only under the following circumstances:
(a) Public vehicles for hire licensed outside of the District of Columbia will be permitted to enter the District of Columbia to pick up passengers on a prearranged basis. Public vehicles for hire shall pick up passengers on a prearranged basis only. Street hails and the use of taxicab stands is strictly prohibited;
(b) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the purpose of discharging passengers may, at the destination of the discharged passenger(s), pick up and directly transport passengers to the jurisdiction where such taxicabs are licensed. Street hails and the use of taxicab stands is strictly prohibited;
(c) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the purpose of discharging passengers are not permitted to transport passengers within the District of Columbia;
(d) Public vehicles for hire licensed outside of the District of Columbia and entering the District of Columbia for the discharge of passengers shall return immediately and directly to their respective jurisdiction of licensure without cruising, parking, loitering, or soliciting passengers in the District; and
(e) Dispatchers (including electronic, internet and other computer-based applications and services) shall only dispatch an operator of a public vehicle for hire licensed outside of the District of Columbia to pick up in the District of Columbia while the driver is in his or her licensing jurisdiction. The dispatching of a public vehicle for hire unlicensed in the District, while in the District to another District location is strictly prohibited.
828.2 A public vehicle for hire vehicle owner and operator shall ensure that a manifest entry of each trip authorized by § 828.1 is entered prior to the start of the trip in a log carried in the vehicle. The manifest entry of each trip shall be written legibly in ink, or maintained in an electronic device which can print out a copy when requested, and include the following information:
(a) The passenger’s name and address of pick-up;
(b) The time of scheduled pick-up of passenger;
(c) The destination of the passenger;
(d) The time of completion of the trip; and
(e) The amount of the fare.
828.3 For prearranged and dispatched trips the information required by § 828.2(a) through (c) shall be recorded in the manifest prior to the public vehicle for hire entering the District.
828.4 The manifest required by § 828.2 shall be kept in the vehicle during trips and shall be subject to inspection by any Hack Inspector, law enforcement official, or other person authorized by the Commission. Failure to present such a manifest maintained in the manner prescribed by § 828.2 when requested by a Hack Inspector, law enforcement official, or other person authorized by the Commission shall be presumptive evidence of unlicensed operation in violation of the Commission's rules, including failure to obey, unlicensed operator (non-resident), and unlicensed vehicle (non-resident).
828.5 The manifest required by § 828.2 shall be maintained and available for a period of two (2) years. The manifest shall be provided to the Commission upon request and to any Hack Inspector, law enforcement official, or other person authorized by the Commission.
828.6 A public vehicle for hire owner is responsible for each driver who operates his or her vehicle as his or her agent and acknowledges that his or her driver may accept service of notices of infractions or summonses from a Hack Inspector, law enforcement official, or other person authorized by the Commission. Such acceptance shall accomplish service of process to the vehicle owner.
828.7 A public vehicle for hire not properly licensed to operate in the District or operated in noncompliance with this section may be booted, impounded, and towed.
828.8 A public vehicle for hire owner or operator or any unlicensed person who violates a provision of this section is subject to fine and penalty for unlicensed operator (non-resident) and unlicensed vehicle (non-resident) and is subject to the fine and penalty set forth in § 825, impoundment of the vehicle or, upon conviction, imprisonment for not more than ninety (90) days.
828.9 For the purposes of this section, the term:
(a) “Prearranged” means the passenger has requested the public vehicle for hire operator for transport or has asked an on-duty employee of a District-licensed hotel operator to make such a request.
(b) “Soliciting” means an effort made to obtain a passenger or passengers in a manner that is in violation of § 819.1 and 819.2.
(c) “Loitering” also includes the failure of a driver, while in service, to proceed directly to the prearranged destination to service a trip permitted by this section or return directly to his or her licensing jurisdiction.
Section 899, DEFINITIONS, is amended to read as follows:
899 DEFINITIONS
899.1 When used in this chapter, the following words and phrases shall have the meaning ascribed:
Association - a group of taxicab owners organized for the purpose of engaging in the business of taxicab transportation for common benefits regarding operation, color scheme, or insignia.
Commission - the District of Columbia Taxicab Commission established pursuant to section 5 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-304 (2009 Repl.)).
Company – a person, partnership, or corporation engaging in the business of owning and operating a fleet or fleets of taxicabs having a uniform color scheme.
District - the District of Columbia.
District of Columbia Taxicab Commission (DCTC) License - the taxicab vehicle license issued pursuant to D.C. Official Code § 47-2829(d) (2005 Repl.; 2011 Supp.)).
Face Card - the official taxicab or public vehicle for hire operator license (Identification Card) issued pursuant to D.C. Official Code § 47-2829(e) (2005 Repl.; 2011 Supp.)).
Fleet - a group of twenty (20) or more taxicabs having a uniform color scheme and having unified control by ownership or by association.
Group Riding - a personally pre-formed group of two (2) or more passengers whose trip has a common point of origin and either different or common destinations.
Identification Card - the official taxicab or public vehicle for hire operator license (Face Card) issued pursuant to D.C. Official Code § 47-2829(e) (2005 Repl.; 2011 Supp.)).
Independently Operated Taxicab - a taxicab operated by an individual owner which is not part of a fleet, company, or association and which does not operate under the uniform color scheme of any fleet, company, or association.
Individual Riding - the transportation of a single passenger for an entire trip.
License Act – D.C. Official Code § 47-2829 (2005 Repl.; 2011 Supp.).
Limousine - a public passenger vehicle for hire, including a sedan vehicle, having a seating capacity of nine (9) or fewer passengers, exclusive of the driver, with three (3) or more doors, operated or offered as a vehicle for passenger transportation for hire by contract fixed solely by the hour (also known as contract livery).
Loitering - waiting around or in front of a hotel, theater, public building, or place of public gathering or in the vicinity of a taxicab or limousine stand that is occupied to full capacity; stopping in such locations, except to take on or discharge a passenger;, or unnecessarily slow driving in front of a hotel, theater, public building, or place of public gathering or in the vicinity of a taxicab or limousine stand that is occupied to full capacity.
Notice - notice of transfer under § 507 of Chapter 5 of this Title.
Office – the Office of Taxicabs established pursuant to section 13 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 (2009 Repl.)).
Operator - a person operating a public vehicle for hire – taxicab or limousine.
Owner - a person, corporation, partnership, or association that holds the legal title to a Public Vehicle for Hire, the registration of which is required in the District of Columbia. If a Public Vehicle for Hire title is subject to a lien, a mortgagor may also be considered an owner.
Personal Service - assistance or service requested by a passenger that requires the taxicab operator to leave the vicinity of the taxicab.
Public Vehicle for Hire - (A) Any passenger motor vehicle operated in the District by an individual or any entity that is used for the transportation of passengers for hire, including as a taxicab, limousine, or sedan; or
(B) Any other private passenger motor vehicle that is used for the transportation of passengers for hire but is not operated on a schedule or between fixed termini and is operated exclusively in the District, or a vehicle licensed pursuant to D.C. Official Code § 47-2829, including taxicabs, limousines, and sedans.
Shared Riding – a group of two (2) or more passengers arranged by a Starter at Union Station, Verizon Center, or Nationals Park with common or different destinations.
Street - a roadway designated on the Permanent System of Highways of the District of Columbia as a public thoroughfare.
Taxicab - a public vehicle for hire, as authorized in §609 of Chapter 6 of this title, having a seating capacity for eight (8) or fewer passengers, exclusive of the driver, and operated or offered as a vehicle for passenger transportation for hire.
Trunk Tote - a tote bag maintained by the vehicle operator to carry necessities for emergencies and essential tools, as described in § 601.17.
Washington Metropolitan Area - the area encompassed by the District of Columbia; Montgomery County, Prince Georges County, and Frederick County in Maryland; Arlington County, Fairfax County, Loudon County, and Prince William County and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia. Also referred to as the Metropolitan Area.
