§ 47-2829. Vehicles for hire; identification tags on vehicles; vehicles for school children; ambulances, private vehicles for funeral purposes; issuance of licenses; payment of fees.
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Current through October 23, 2012
(a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:
(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:
(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.);
(B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D. C. Law 10-117; D.C. Official Code § 8-901 et seq.);
(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.);
(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2- 1801.01 et seq.);
(E) 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.); or
(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.)
(2) Owes the District more than $100 in past due taxes;
(3) Owes fines assessed to car dealers pursuant to section 2(i) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(i));
(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District; or
(5) Owes past due District of Columbia Water and Sewer Authority service charges or fees.
(b) Any person, partnership, association, trust, or corporation operating or proposing to operate any vehicle or vehicles not confined to rails or tracks for the transportation of passengers for hire over all or any portion of any defined route or routes in the District of Columbia, shall, on or before the first day of October in each year, or before commencing such operation, submit to the Mayor, in triplicate, an application for license, stating therein the name of such person, partnership, association, trust, or corporation, the number and kind of each type of vehicle to be used in such operation, the schedule or schedules and the total number of vehicle miles to be operated with such vehicles within the District of Columbia during the 12-month period beginning with the first day of November in the same year; provided, that the provisions of this subsection shall not apply to companies operating both street railroad and bus services in the District of Columbia which pay taxes to the District of Columbia on their gross receipts; provided, that the provisions of this subsection shall not apply to the Washington Metropolitan Area Transit Authority. The Mayor shall thereupon verify and approve, or return to the applicant for correction and resubmission, each such statement. Upon receipt of the approved copy, and prior to the first day of November in the same year, or before commencing such operation, each such applicant shall pay to the Collector of Taxes, in lieu of any other personal or license tax, in connection with such operation, the sum of $.01 for each vehicle mile proposed to be operated in the District of Columbia in accordance with the application as approved. Upon presentation of the receipt for such payment, the Mayor of the District of Columbia or his designated agent shall issue a license authorizing the applicant to carry on the operations embodied in the approved application. No increase of operations shall be commenced or continued unless and until an application similar to the original and covering such increase in operation shall have been approved and forwarded in the same manner and the corresponding additional payment made and license issued. No license shall be issued under the terms of this subsection without the approval of the Mayor.
(c) [Repealed].
(d) Owners of taxicabs shall pay an annual license tax of $25 or an amount set by the District of Columbia Taxicab Commission, but in no event to exceed $100, for each taxicab which is to be operated in the District. The District of Columbia Taxicab Commission is authorized to make all reasonable and usual regulations for the control of taxicabs, and the Mayor shall make and enforce all reasonable and usual regulations he or she may consider necessary for vehicles licensed under the preceding subsections and § 47-2831.
(e)(1) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (c) of this section without having procured from the Mayor of the District of Columbia a license which shall not be issued except upon evidence satisfactory to the Mayor of the District of Columbia that the applicant is a person of good moral character and is qualified to operate the vehicle, and upon payment of an annual license fee of $75 or an amount set by the Mayor, but in no event to exceed $200. The license shall be displayed within the vehicle at all times while the licensee is engaged in driving any vehicle licensed under the terms of subsection (c) of this section. Application for the license shall be made in the form as shall be prescribed by the Mayor of the District of Columbia. No license issued under the provisions of this subsection shall be assigned or transferred. All operators of taxicabs shall first procure from the District of Columbia Taxicab Commission a license to operate a taxicab, which license shall be personal and nontransferable, upon payment of an annual license fee of $75 or in an amount set by the District of Columbia Taxicab Commission, but in no event to exceed $200. The Commission may issue a license of less than 1 year to operate a taxicab.
(2) Upon March 15, 1985, the following additional licensing requirements shall apply to all persons who apply for a license to operate any vehicle licensed under the terms of subsection (d) of this section:
(A) Completion of the hacker's license training course consisting of not less than 24 hours administered exclusively by the University of the District of Columbia ("University") for a fee of not less than $100 for each person. Upon completion of the course the University shall issue a certificate of completion which shall include the date of completion and shall be presented to the Office of Taxicabs with the application for a license. Prior to issuing the certificate the University shall require each person to pass a test consisting of the subject matters taught in the course and an evaluation of the person's English communication skills. The chairperson of the District of Columbia Taxicab Commission, with the approval by majority vote of the full Commission, shall designate appropriate representatives of the Office of Taxicabs, the District of Columbia Taxicab Commission, and representatives of the taxicab industry to advise the University on problems and issues facing the taxicab industry and to assist in developing and implementing the course, and the Mayor shall designate appropriate representatives of the Metropolitan Police Department to participate on the advisory board. At a minimum, this course shall be designed to develop the applicant's knowledge of the following:
(i) The geography of the District of Columbia, with particular emphasis on major streets and avenues throughout the District of Columbia, significant government buildings and tourist sites, and the boundaries of the zone map;
(ii) District of Columbia laws and regulations governing the taxicab industry and the penalties for violating these laws and regulations;
(iii) District of Columbia traffic laws and regulations, including, but not limited to, the rights and duties of motorists, pedestrians, and bicyclists and the penalties for violating these laws and regulations;
(iv) Public relations skills including appropriate social customs and courtesies which should be extended to the public; and
(v) Small business practices including methods of accounting and manifest maintenance, fare computations for intra-District of Columbia trips and interstate trips, and general management principles.
(B) Completion of an examination which shall consist of a minimum of 60 questions, the passing grade of which shall be 70% answered correctly, which shall test:
(i) The applicant's fitness for licensure based upon knowledge of the location of addresses, significant government buildings, and tourist sites, and an understanding of the Capital City Plan;
(ii) The applicant's fitness for licensure based upon the areas covered in the hacker's license training course, exclusive of geography;
(iii) The applicant's knowledge of the District, through a minimum of 5 written questions, which shall require the applicant to state the route to arrive at a destination from a particular location; and
(iv) Selected areas, through a minimum of 5 oral questions, covered in the hacker's license training course, exclusive of geography, and the applicant's ability to communicate in English.
(C) Each applicant may repeat the examination 3 times, if necessary. However upon the third failure, the applicant must repeat the hacker's license training course and present a new certificate of completion before repeating the examination. The Office of Taxicabs under the direction of District of Columbia Taxicab Commission shall construct a pool of no less than 300 questions from which the 60 questions shall be drawn for each examination which is administered. This pool shall be kept from public dissemination and shall be substantially revised at a minimum of every 2 years to protect the integrity of the examination.
(e-1) The District of Columbia Taxicab Commission, through its Panel on Adjudication, shall develop a comprehensive point system to evaluate the record of a person licensed under the terms of subsection (e) of this section, and owners of taxicabs licensed under the terms of this paragraph. The point system or revisions of it shall be approved by resolution of the council. Each violation of every rule or regulation pertaining to the ownership and operation of taxicabs, including violations of general traffic laws and regulations while operating a taxicab, shall be given a point value effective for 3 years. The record maintained by the Office of Taxicabs for each licensee shall be assigned the point value for the violation upon the final determination of liability by the District of Columbia Taxicab Commission's Panel on Adjudication, the Bureau of Traffic Adjudication, or any other governmental body charged with making a final determination of liability. The comprehensive point system shall include the maximum point total to determine when the Office of Taxicabs shall propose to suspend or revoke the license. If the license of a person licensed pursuant to subsection (e) of this section is revoked pursuant to this subsection or other law or regulation, the person must complete the requirements contained in subsection (e)(2)(A) and (B) of this section before the person may receive a new license. If the license of a person licensed pursuant to subsection (e) of this section is suspended pursuant to this subsection or other law or regulation, the licensee must complete the requirements contained in subsection (e)(2)(A) of this section and present to the Mayor of the District of Columbia the certificate of completion for the hacker's training course before the period of suspension is terminated.
(e-2) After March 25, 1987, the Office of Taxicabs under the direction of the District of Columbia Taxicab Commission, and prior to March 25, 1987, the Department of Public Works shall make the following information available for public inspection: The name of each person licensed under the terms of subsections (c) and (d) of this section; the licensee's annual license number; the name of the association, corporation, or organization that maintains the lease or membership agreement with the licensee; any monetary fine, suspension, or revocation action taken against the licensee; and any points assessed against the licensee in accordance with subsection (e-1) of this section; where applicable, a certificate of completion by the licensee of the training course established pursuant to subsection (e-1) of this section; a record of any criminal conviction of the licensee within the last 3 years; and, any points assessed against the licensee's District of Columbia operators permit. The records shall be cross-referenced to the association, corporation, or organization.
(e-3) The District of Columbia Taxicab Commission's Panel on Rates and Rules may issue rules to implement the provisions of subsections (e) through (e-2) of this section pursuant to subchapter I of Chapter 5 of Title 2.
(e-4) After March 25, 1987, the Office of Taxicabs under the direction of the District of Columbia Taxicab Commission, and prior to March 25, 1987, the Department of Public Works shall, by registered mail and within 5 business days of a final decision of suspension, revocation, or non-renewal of a taxicab operator license, notify the association, corporation, organization, or person that maintains a taxicab lease or taxicab association or company membership agreement with the operator that the operator's privilege to operate a taxicab in the District of Columbia has been suspended, revoked, or not renewed. The association, corporation, organization, or person that maintains a lease with the operator shall upon receipt of the notice terminate any lease agreement, written or otherwise, with the operator, and shall take reasonable steps to assure the return to the owner of any vehicle leased to the operator. The District of Columbia Taxicab Commission shall promulgate regulations to carry out the purposes of this subsection, which shall come before the Council of the District of Columbia ("Council") for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution within this 45-day review period, the proposed regulations shall be deemed approved.
(f) All vehicles licensed under this section shall bear such identification tags as the Council of the District of Columbia may from time to time direct; and nothing herein contained shall exempt such vehicles from compliance with the traffic and motor vehicle regulations of the District of Columbia.
(g) Nothing in this subsection shall be construed to require the procuring of a license, or the payment of a tax, with respect to a vehicle owned or operated by a state or local government or a subdivision or instrumentality thereof which is being used to transport school children, their teachers, or escorts to the District of Columbia from the state in which their school is located.
(h) Except as otherwise provided in subsections (c) and (d) of this section, owners of motor vehicles for hire used for any purpose, including, but not limited to, owners of ambulances for hire, and owners of passenger vehicles which, when used for hire, are used exclusively for funeral purposes, and, owners of passenger vehicles used exclusively for contract livery services for which the rate is fixed solely by the hour, and owners of passenger vehicles for hire used for sightseeing purposes shall pay a license tax of $25 or an amount set by the Mayor, but not to exceed $100, for each vehicle having a seating capacity of 12 or less passengers exclusive of the driver used in the conduct of their business. License endorsements requested by this subsection, excluding that of ambulances, shall be issued by the Department of Public Works. Licenses requested by this subchapter for ambulances shall be issued by the Department of Health as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(i) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (h) of this section without having procured from the Mayor of the District of Columbia or his designated agent a license which shall only be issued upon evidence satisfactory to the Mayor of the District of Columbia, that the applicant is a person of good moral character and is qualified to operate such vehicle, and upon payment of an annual license fee of $75 or an amount set by the Mayor, but in no event to exceed $200. Such license shall be carried upon the person of the licensee or in the vehicle while engaged in driving such vehicle when such vehicle is being used for hire. Application for such license shall be made in such form as shall be prescribed by the Mayor of the District of Columbia. Each annual license issued under the provisions of this paragraph shall be numbered, and there shall be kept in the Office of Taxicabs a record containing the name of each person so licensed, his annual license number and all matters affecting his qualifications to be licensed hereunder. No license issued under the provisions of this subsection shall be assigned or transferred.
(July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 31; July 1, 1932, 47 Stat. 555, ch. 366; Apr. 5, 1939, 53 Stat. 570, ch. 41; July 17, 1939, 53 Stat. 1046, ch. 313, § 3; Jan. 15, 1942, 56 Stat. 3, ch. 2; June 20, 1942, 56 Stat. 375, ch. 428; July 30, 1951, 65 Stat. 126, ch. 247, §§ 1, 2; May 18, 1954, 68 Stat. 119, ch. 218, title XIV, § 1402; July 19, 1954, 68 Stat. 493, ch. 544, § 1; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Mar. 5, 1981, D.C. Law 3-139, § 2, 27 DCR 4555; Mar. 15, 1985, D.C. Law 5-178, § 2(a), (b), 32 DCR 757; Mar. 25, 1986, D.C. Law 6-97, § 21(a), 33 DCR 703; Feb. 24, 1987, D.C. Law 6-165, § 2, 33 DCR 6705; Feb. 24, 1987, D.C. Law 6-192, §§ 7, 27, 33 DCR 7836; Aug. 17, 1994, D.C. Law 10-149, § 2, 41 DCR 4485; Sept. 22, 1994, D.C. Law 10-171, § 3, 41 DCR 5149; Apr. 9, 1997, D.C. Law 11-198, § 503, 43 DCR 4569; enacted, Apr. 9, 1997, D.C. Law 11- 254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(26), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(O), 50 DCR 6913; Nov. 16, 2006, D.C. Law 16-175, § 3, 53 DCR 6499; Mar. 14, 2007, D.C. Law 16-279, § 209(a), 54 DCR 903; Mar. 14, 2007, D.C. Law 16-294, § 7(a), 54 DCR 1086; Mar. 25, 2009, D.C. Law 17-353, §§ 124(b), 250(a), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 6051, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2829.
1973 Ed., § 47-2331.
Effect of Amendments
D.C. Law 15-38, in subsec. (h), substituted "an Inspected Sales and Services endorsement to a basic business license under the basic" for "a Class A Inspected Sales and Services endorsement to a master business license under the master".
D.C. Law 16-175 repealed subsec. (c), which had read as follows:
"(c) There is hereby imposed for the privilege of operating vehicles for hire having a seating capacity of more than 12 passengers in addition to the driver or operator, other than those licensed under subsection (b) of this section in the District of Columbia, a license tax of $150 per annum or $10 per day at the option of the operator. The license issued pursuant to this subsection shall be transferable between vehicles operated under the same ownership, management, operation, or control. No such vehicle shall be operated unless there shall be conspicuously displayed thereon a license issued under the terms of this subsection. Annual licenses required by this subsection shall be issued by the Department of Public Works."
D.C. Law 16-279, rewrote subsec. (a); repealed subsec. (c); and in subsec. (d), deleted the last sentence which had read as follows: "Annual licenses required by this subsection shall be issued by the Department of Public Works." Subsection (c), was previously repealed by Law 16-175. Prior to amendment, subsec. (a) read as follows:
"(a) Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant owes more than $100 in outstanding debt to the District as a result of:
"(1) Fines, penalties, or interest assessed pursuant to Chapter 8 of Title 8;
"(2) Fines or penalties assessed pursuant to Chapter 9 of Title 8;
"(3) Fines, penalties, or interest assessed pursuant to Chapter 18 of Title 2;
"(4) Past due taxes;
"(5) Past due District of Columbia Water and Sewer Authority service fees;
"(6) Fines or penalties assessed pursuant to Chapter 23 of Title 50;
"(7) Parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;
"(8) Fines assessed to car dealers pursuant to [§ 50-1501.02(i)];
"(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15- 1085)."
D.C. Law 16-294 made a technical correction that resulted in no change in text.
D.C. Law 17-353 validated a previously made technical correction in the repeal of subsec. (c).
D.C. Law 18-111, in subsec. (e)(1), substituted "$75" for "$35" and "$200" for "$100"; and, in subsec. (i), substituted "$75" for "$5" and "$200" for "$100".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 503 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 46 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 503 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 503 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151); and § 503 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
For temporary (90 day) amendment of section, see § 3(hh)(4)(O) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) amendment of section, see § 6051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 6051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) amendment of section, see § 2 of Public Vehicle-for-Hire Educational Services Emergency Act of 2012 (D.C. Act 19-544, November 15, 2012, 59 DCR 13588).
Legislative History of Laws
Law 3-139, the "District of Columbia Sightseeing Bus Registration Act of 1986," was introduced in Council and assigned Bill No. 3-301, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on July 29, 1980 and September 16, 1980, respectively. Signed by the Mayor on October 2, 1980, it was assigned Act No. 3-260 and transmitted to both Houses of Congress for its review.
Law 5-178, the "Hacker's License Requirements Amendment Act of 1984," was introduced in Council and assigned Bill No. 5-453, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on December 4, 1984 and December 18, 1984, respectively. Signed by the Mayor on January 11, 1985, it was assigned Act No. 5-243 and transmitted to both Houses of Congress for its review.
Law 6-97, the "District of Columbia Taxicab Commission Establishment Act of 1985," was introduced in Council and assigned Bill No. 6-159, which was referred to the Committee on Public Services and Cable Television. The Bill was adopted on first and second readings on December 17, 1985, and January 14, 1986, respectively. Signed by the Mayor on January 28, 1986, it was assigned Act No. 6-125 and transmitted to both Houses of Congress for its review.
Law 6-165, the "Hacker's License Record Keeping Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-334, which was referred to the Committee on Public Works. The Bill was adopted on the first and second readings on July 8, 1986 and September 23, 1986, respectively. Signed by the Mayor on October 9, 1986, it was assigned Act No. 6-211 and transmitted to both Houses of Congress for its review.
Law 6-192, the "Technical Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-544, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 5, 1986 and November 18, 1986, respectively. Signed by the Mayor on December 10, 1986, it was assigned Act No. 6-246 and transmitted to both Houses of Congress for its review.
Law 10-149, the "Hacker's License Requirements Amendment Act of 1984 Temporary Amendment Act of 1994," was introduced in Council and assigned Bill No. 10- 646. The Bill was adopted on first and second readings on May 3, 1994, and June 7, 1994, respectively. Signed by the Mayor on June 23, 1994, it was assigned Act No. 10-262 and transmitted to both Houses of Congress for its review. D.C. Law 10-149 became effective on August 17, 1994.
Law 10-171, the "District of Columbia Taxicab Commission Establishment Act of 1985 Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-538, which was referred to the Committee on Public Services and Youth Affairs. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-291 and transmitted to both Houses of Congress for its review. D.C. Law 10-171 became effective on September 22, 1994.
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 47-2826.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 15-38, see notes following § 47-2404.
Law 16-175, the "Parking Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-536 which was referred to the Committee on Public Works and environment. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 21, 2006, it was assigned Act No. 16-453 and transmitted to both Houses of Congress for its review. D.C. Law 16-175 became effective on November 16, 2006.
Law 16-279, the "Department of Motor Vehicles Service and Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-821, which was referred to Committee on Public Works and Environment. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-636 and transmitted to both Houses of Congress for its review. D.C. Law 16-279 became effective on March 14, 2007.
For Law 16-294, see notes following § 47-1803.02.
For Law 17-353, see notes following § 47-308.
For Law 18-111, see notes following § 47-305.02.
Effective Dates
Section 24(b) of D.C. Law 6-97 provides that §§ 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, and 23 shall take effect 1 year after March 25, 1986.
Miscellaneous Notes
Law 19-184 amended this section only "upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register." As of the most recent updated publication of this section, the certification required for Law 19-184 has not been made. Therefore the amendments have not been incorporated into this section.
