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District of Columbia Taxicab Commission Notice of Proposed Rulemaking

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District of Columbia Taxicab Commission Notice of Proposed Rulemaking DISTRICT OF COLUMBIA TAXICAB COMMISSION NOTICE OF PROPOSED 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.; 2012 Supp.); D.C. Official Code § 47-2829 (b),(d), (e), (e-1), and (i) (2012 Supp.)); 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 20j of the Taxicab Service Improvement Amendment Act of 2012, effective _______________, 2012 (D.C. Law 19-____; __ DCR ____) hereby gives notice of proposed rulemaking action taken on ____________, 2012, to adopt a new Chapter 14 (Sedan Vehicles and Operators) of Title 31 (Taxicab and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (DCMR). The proposed Chapter will implement Section 20j of the Act that authorizes the Commission to create and regulate sedan-class vehicles and to issue regulations governing the conduct of such vehicles. The Commission also hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice in the D.C. Register. Chapter 14, SEDAN VEHICLES AND OPERATORS of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, of the DCMR is added to read as follows: CHAPTER 14 SEDAN VEHICLES AND OPERATORS 1400 APPLICATION AND SCOPE 1400.1 The purpose of this chapter is to establish procedural and substantive rules governing the operation of sedan-type vehicles in the District of Columbia, including the type of vehicles, number of inspections, licensing of drivers, advertising, safety of the driver and of the public, reservation services, financial obligations, and any other provisions necessary to provide safe public passenger transportation utilizing sedan-type vehicles. 1400.2 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.). 1401 GENERAL REQUIREMENTS 1401.1 No vehicle shall be operated as a sedan in the District of Columbia unless a license has been issued for that vehicle by the Commission. 1401.2 The sedan license shall be maintained in the vehicle and shall be readily available to passengers, hack inspectors, other employees or agents of the Commission and other law enforcement officials. 1401.3 No person shall drive a sedan in the District of Columbia unless that person has a valid sedan operator’s license issued by the Commission. 1401.4 No owner of a sedan shall operate or permit the operation of sedan in the District of Columbia unless a license for that sedan has been issued by the Commission and the operator of the sedan has a valid sedan operator’s license issued by the Commission. 1401.5 No sedan company or association shall operate in the District of Columbia without having first obtained from the Commission a Certificate of Operating Authority, which shall be maintained in good standing with the Commission during all times that the company or association shall operate. In order to obtain a Certificate of Operating Authority, the company or association shall have no less than 20 vehicles either owned or leased by or affiliated with the company or association, of which no less than ten percent shall be specifically designed to transport persons with physical disabilities in accordance with Section 508 of the Rehabilitation Act of 1973. 1401.6 No person shall operate a sedan vehicle reservation service operation in the District of Columbia or offer reservation services to any sedan vehicle licensed in the District of Columbia, whether by central dispatch, mobile phone or other electronic device communication or other form of digital dispatch without having first obtained from the Commission a Certificate of Operating Authority, which shall be maintained in good standing with the Commission during all times that the reservation service shall operate to provide service for a fee to District of Columbia passengers . 1402 INITIAL AND RENEWAL CERTIFICATES OF OPERATING AUTHORITY FOR COMPANIES AND ASSOCIATIONS; FILING REQUIREMENTS 1402.1 No person shall individually own and operate a sedan, nor shall any person operate a sedan company or association in the District of Columbia, nor shall any person operate a sedan vehicle reservation service operation in the District of Columbia or offer reservation services to any sedan vehicle licensed in the District of Columbia, whether by central dispatch, mobile phone or other electronic device communication or other form of digital dispatch without first obtaining a Certificate of Operating Authority issued by the Commission. 1402.2 Each application for a new or renewal Certificate of Operating Authority shall be made on a form prescribed by the Commission, 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.). 1402.3 An applicant for a new or renewal Certificate of Operating Authority shall provide the following information with its application: (a) The name, postal 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 “Clean Hands” certificate issued by the District of Columbia; (d) A copy of the certificate of occupancy for the applicant’s administrative office, which must meet the requirements of § 1402 of this Chapter; (e) Certificate-of-identity information on a form provided by the Commission indicating the trade name of the applicant, the person(s) authorized to sign for the applicant, and other identifying information required by the Commission; (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; and (2) A list of officers, including the name, residential address, electronic mail address and telephone number of each officer; (h) The name, postal 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 vehicles to be provided, if applicable; (i) A statement that the company or association will not discriminate against employees or customers and, if applicable, will provide sedan service throughout the District of Columbia; (j) A listing of membership, insurance, dispatch, and rental fees, where applicable and a copy of each template rental or other agreement with vehicle owners or operators; (k) 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, the Supplemental Information Form. 1402.4 Each applicant for a new or renewal Certificate of Operating Authority shall, if applicable also provide the following information as to each vehicle to be owned by the applicant or affiliated or associated with the applicant: (a) The name and residential address of the owner of each vehicle to be owned by or affiliated or associated with the applicant; (b) The vehicle body type, the vehicle make and model, the vehicle’s model year, and the manufacturer’s vehicle identification number; and (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. 1402.5 Annually at such time as is established by the Commission, each holder of a Certificate of Operating Authority shall renew its Certificate of Operating Authority by filing a renewal application with the Office. In addition to the information to be provided in accordance with §§ 1402.3 and 1402.4, the applicant shall, if applicable, provide the following information: (a) For each sedan vehicle, the sedan vehicle identification number (“SVIN”) issued by the Commission, the S-tag number, and the mileage; (b) Verification that the Certificate holder is in compliance with District of Columbia insurance requirements and the insurance requirements in chapter 9 of this title; and (e) A current District of Columbia Department of Motor Vehicles, Bureau of Traffic Adjudication, ticket report for each vehicle. 1402.6 Any change in the information required by this section shall be reported by each licensee to the Commission 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.
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