The Council of the District of Columbia ("Council") finds that:
(1) Passenger transportation by taxicab is an integral and important component of public transit within the District.
(2) The business of transporting passengers and baggage for hire by taxicab is charged with an important public interest requiring governmental supervision, regulation, and control.
(3) Governmental regulation of the taxi industry in the District has been and is presently marked by a fragmented, decentralized, and uncoordinated system of regulation involving no less than 7 different administrative offices, in addition to the Public Service Commission, the Mayor, and the Council.
(4) Considering the importance of the taxi industry to public transportation within the District, there should be established a centralized regulatory mechanism for the furtherance of coherent, efficient, and enforceable regulation, and for the establishment of sound taxi transportation policy.
(5) Recommendations have been made over the course of several decades by various private and commissioned studies, task forces, public and private groups, individuals, and Congressional committees and subcommittees urging regulatory reform of the taxicab industry and the creation and consolidation of regulation into a single agency or bureau.
(6) Based upon the consistency of recommendations made over the years relating to regulatory reform of the system of taxi supervision, and based upon the Council's own evaluation of the present structure of governmental regulation, the Council finds that regulatory consolidation is in the public interest.
(7) The taxicab industry within the District, although impressed with certain characteristics of a public utility, is nonetheless wholly comprised of thousands of individual licensees conducting business on a self-employment basis.
(8) In view of the individual licensee nature of the structure and organization of the District of Columbia taxicab industry, the Council considers it inefficient and against the public interest to continue regulation of the industry under a statutory scheme, and by an agency of government more efficiently fitted to the regulation of franchised monopoly utilities, and, because of the Public Service Commission's ever increasing regulatory burden with respect to monopoly utilities, considers a transfer of its jurisdiction over taxicabs in the public interest.
(Mar. 25, 1986, D.C. Law 6-97, § 2, 33 DCR 703.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1701.
Emergency Act Amendments
For temporary amendment of section, see § 4(f) of the Confirmation Emergency Amendment Act of 1999 (D.C. Act 13-25, March 15, 1999, 46 DCR 2971).
For temporary (90 day) amendment of section, see § 1602 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
Law 6-97, "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.
Delegation of Authority
Rescission of Delegation of authority pursuant to D.C. Law 6-97, the "District of Columbia Taxicab Commission Establishment Act of 1985", see Mayor's Order 98-174, November 10, 1998 (45 DCR 8201).
Miscellaneous Notes
Establishment--Task Force on Taxicab Reform, see Mayor's Order 2001-146, October 3, 2001 (48 DCR 9518).
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.
(a) In enacting this subchapter, the Council of the District of Columbia supports the following statutory purposes:
(1) To promote the public interest in taxicab transportation by insuring that all rules, regulations, and laws specifically relating to taxicabs be vigorously and fairly enforced; that discrimination in taxicab passenger service be strictly proscribed and penalized; and that adequate and high quality taxi passenger service be provided to all quadrants and neighborhoods of the District;
(2) To promote and maintain a healthy and viable taxicab industry;
(3) To maintain a taxicab transportation system which provides owners and operators of taxicabs with reasonable and just compensation for their services, and which is reasonably priced and readily accessible in cost to a broad cross section of the public; and
(4) To promote and maintain policies which:
(A) Encourage professionalism in the industry;
(B) Assure the licensure of competent and knowledgeable operators;
(C) Assure the licensure of companies and associations which render adequate and professional public service;
(D) Permit, as a result of economic feasibility and incentive, the utilization of efficient, comfortable, and current transportation equipment and technology;
(E) Utilize and promote efficient methods of taxicab passenger transportation;
(F) Foster good will and a cooperative spirit among the taxicab industry, the government, and the public; and
(G) Promote policies of energy conservation and the reduction of pollution and traffic congestion.
(b)(1) The District also determines it a matter of public policy to:
(A) Promote and encourage the meaningful participation of minorities and District residents in the District's taxi industry;
(B) Promote and encourage a healthy degree of competition within the taxi industry between taxicab companies and associations; and
(C) Assure access to the ownership of taxicabs by taxicab operators.
(2) In keeping with the policies set forth in paragraph (1) of this subsection, the Commission shall:
(A) In exercising the authority vested in it by this subchapter, and in its formulation of policy and programs, encourage and promote meaningful participation of District residents and minorities, as the term minority is defined in § 2-215.02(1), in the ownership and operation of taxicabs, taxicab companies, and taxicab associations;
(B) Encourage a healthy degree of competition within the taxi industry between taxicab companies and associations, and shall discourage the monopolization of the taxicab industry; and
(C) Issue rules and establish policies which shall assure taxicab operators continued access to the ownership of taxicabs.
(Mar. 25, 1986, D.C. Law 6-97, § 3, 33 DCR 703.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1702.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
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.
For the purpose of this subchapter, the term:
(1) "Capital City Plan" means the formal alphabetical and numerical pattern and layout of streets within the District's 4 quadrants, the formal pattern and layout of avenues and circles within the District, and the formal system and pattern of addresses within the District.
(2) "Chief" means the Chief of the Office of Taxicabs established by § 50- 312.
(3) "Commission" means the District of Columbia Taxicab Commission established by § 50-304.
(3A) "Commissioner" means the Commissioner of Insurance and Securities.
(4) "District" means the District of Columbia.
(5) "Office" means the Office of Taxicabs established by § 50-312.
(6) "Passenger vehicle for hire" means:
(A) Any motor vehicle for hire operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or vehicle used exclusively for contract livery services or for which the rate is fixed solely by the hour;
(B) Any motor vehicle for hire operated exclusively within the District between fixed termini or on a schedule, exclusive of vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities; or
(C) Any other private motor vehicle for hire not operated on a schedule or between fixed termini and operated exclusively in the District, exclusive of taxicabs.
(7) Repealed.
(8) "Taxi or taxicab" means any passenger vehicle for hire having a seating capacity of 8 or less passengers, exclusive of the driver, and operated as a vehicle for passenger transportation for hire by taxicab.
(9) "Taxicab association" means 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.
(10) "Taxi or taxicab company" means any person, partnership, or corporation engaging in the business of owning and operating a fleet or fleets of taxicabs having a uniform color scheme.
(11) "Taxi or taxicab fleet" means a group of 20 or more taxicabs having a uniform color scheme and having unified control by ownership or by association.
(12) "Taxicab industry" means all taxicab companies, associations, owners, and operators, or any person who by virtue of employment or office is directly involved in the provision of taxicab services within the District.
(13) "Taxi or taxicab operator" means any person operating or licensed to operate a taxicab for hire in the District of Columbia.
(14) "Taxi or taxicab owner" means any person, corporation, partnership, or association which holds the legal title to a taxicab the registration of which is required in the District of Columbia. If a taxicab is the subject of an agreement for the conditional sale or lease with the right of purchase upon performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a taxicab is entitled to possession, then the conditional vendee, lessee, or mortgagor shall be considered the owner for the purpose of this subchapter.
(15) "Taxicab rate structure" means the rates, fares, charges, and methodologies used to determine the price of taxicab service.
(16) "Taxicab service" means passenger transportation service originating in the District in which the passenger directs the points between which the service is to be provided, and which is provided at a time chosen by the passenger, and the charge for which bears some relation to distance travelled.
(Mar. 25, 1986, D.C. Law 6-97, § 4, 33 DCR 703; Feb. 24, 1987, D.C. Law 6-165, § 3(a), 33 DCR 6705; May 21, 1997, D.C. Law 11-268, § 10(ii)(1), 44 DCR.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1703.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of the Taxicab Service Improvement Emergency Amendment Act of 2012 (D.C. Act 19-403, July 24, 2012, 59 DCR 9116).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
Law 6-165 was introduced in Council and assigned Bill No. 6-334, which was referred to the Committee on Public Works. The Bill was adopted on 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 11-268, the "Department of Insurance and Securities Regulation Establishment Act of 1996," was introduced in Council and assigned Bill No. 11- 415, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 30, 1996, it was assigned Act No. 11-524 and transmitted to both Houses of Congress for its review. D.C. Law 11-268 became effective on May 21, 1997.
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.
There is established the District of Columbia Taxicab Commission as a subordinate agency within the executive branch of the District government with exclusive authority for intrastate regulation of the taxicab industry as provided herein.
(Mar. 25, 1986, D.C. Law 6-97, § 5, 33 DCR 703.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1704.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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.
(a) The Commission shall consist of 9 members. Five of the members, who shall be public members, shall be appointed by the Mayor with the advice and consent of the Council, and shall be drawn from the public at large. Three of the members, who shall be industry members, shall be appointed by the Mayor with the advice and consent of the Council, and shall have experience in taxicab industry operations in the District. The remaining member of the Commission shall be appointed by the Mayor with advice and consent of the Council and shall serve as chairperson of the Commission. The chairperson shall have experience in the field of transportation administration or regulation. The Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess, a nominee for member or chairperson. If the Council does not approve the nomination by resolution within this 90-day review period, the nomination shall be deemed disapproved. The Mayor shall designate a public member to serve as chairperson when the office of the chairperson is vacant and until a successor has been appointed.
(b) All members of the Commission, except for the chairperson who shall serve at the pleasure of the Mayor, shall be appointed for terms of 5 years.
(c)(1) Each member shall serve until the appointment and qualification of a successor. No member shall serve more than 2 consecutive terms, which shall not include an appointment to fill a vacancy due to removal, resignation, or death of a member. The Mayor may remove any member for cause, except for the chairperson who shall serve at the pleasure of the Mayor. An appointment to fill a vacancy occurring during a term due to removal, resignation or death of a member shall be made in the same manner as other appointments and for the remainder of the unexpired term. Public and industry members shall be entitled to compensation pursuant to § 1-611.08(c)(2)(K).
(2) Public and industry members of the Commission may be compensated for physically attending official meetings of the Commission or a Panel of the Commission convened in accordance with Title 31 of the District of Columbia Municipal Regulations; provided, that the compensation has been approved by the Chairperson. To be entitled to compensation, members shall:
(A) Be present for roll call at the beginning and the end of Commission and Panel meetings; and
(B) Personally sign-in at the beginning and sign-out at the end of Commission and Panel meetings.
(d) Pursuant to § 1-604.06 and subchapter IX of Chapter 6 of Title 1, the chairperson of the Commission shall be its chief administrative officer and shall have charge of the organization of the Commission and its panels, and shall superintend the duties of the Chief of the Office in carrying out the purposes and provisions of this subchapter. The chairperson shall be a public officer of the District who shall devote full time to the affairs of the Commission, and shall receive compensation commensurate with his or her duties and responsibilities established by this subchapter. The salary of the chairperson shall be determined by the Mayor.
(Mar. 25, 1986, D.C. Law 6-97, § 6, 33 DCR 703; Feb. 24, 1987, D.C. Law 6-165, § 3(b), 33 DCR 6705; Oct. 7, 1987, D.C. Law 7-31, § 7, 34 DCR 3789; Apr. 9, 1997, D.C. Law 11-198, § 501(a), 43 DCR 4569; June 12, 1999, D.C. Law 12-285, § 4(f), 46 DCR 1355; Oct. 1, 2002, D.C. Law 14-190, § 2602(a), 49 DCR 6968.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1705.
Effect of Amendments
D.C. Law 14-190, in subsec. (c), designated par. (1) and in that paragraph substituted "pursuant to § 1-611.08(c)(2)(K)" for "pursuant to § 1-612.08(b)"; and added par. (2).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 501(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 501(a) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 501(a) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 501(a) 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) addition of section, see § 4(f) of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 4, 1999, 46 DCR 5330).
For temporary (90 day) amendment of section, see § 2502(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 6-165, see Historical and Statutory Notes following § 50-303.
Law 7-31 was introduced in Council and assigned Bill No. 7-139, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 14, 1987 and May 5, 1987, respectively. Signed by the Mayor on June 1, 1987, it was assigned Act No. 7-26 and transmitted to both Houses of Congress for its review.
Law 11-198, the "Fiscal Year 1997 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective April 9, 1997.
Law 12-285, the "Confirmation Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-261, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 29, 1998, it was assigned Act No. 12-622 and transmitted to both Houses of Congress for its review. D.C. Law 12-285 became effective on June 12, 1999.
For Law 14-190, see notes following § 51-101.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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
Mayor authorized to appoint Commission prior to effective date: Section 24(c) of D.C. Law 6-97 provided that prior to the effective date specified in § 24(b) (1 year after March 25, 1986), the Mayor is authorized to appoint the members and chairperson of the Commission. Upon confirmation, the chairperson is authorized to appoint the Chief and approve the hiring of the staff of the Office. Following confirmation of a majority of their members, the Commission panels are authorized to issue internal operating procedures and otherwise organize the Commission in preparation for the performance of duties under the act.
Short title of title XXVI of Law 14-190: Section 2601 of D.C. Law 14-190 provided that title XXVI of the act may be cited as the Taxicab Driver Security Revolving Fund Amendment Act of 2002.
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.
(a) The Commission shall be organized into 2 panels, the members each of which shall be determined by the Mayor.
(b) There shall be a Panel on Rates and Rules which shall consist of the chairperson, 3 public members, and 1 industry member.
(c) There shall be a Panel on Consumer and Industry Concerns which shall consist of the chairperson, 2 public members, and 2 industry members.
(d) Each panel shall exercise, exclusive of the other, the power, authority, and duties vested in it pursuant to § 50-307. Except as provided in § 50-308(c), all acts and orders of a panel shall be an act or order of the Commission.
(Mar. 25, 1986, D.C. Law 6-97, § 7, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(a), 35 DCR 2181; Apr. 9, 1997, D.C. Law 11-198, § 501(b), 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1706.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 501(b) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 501(b) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181, § 501(b) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151, and § 501(b) 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).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
Law 7-109 was introduced in Council and assigned Bill No. 7-377, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on February 16, 1988 and March 1, 1988, respectively. Signed by the Mayor on March 16, 1988, it was assigned Act No. 7-151 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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
Short title: See Historical and Statutory Notes following § 50-301.
Designation of District of Columbia Taxicab Commission Panel on Rates and Rules and Panel on Consumer and Industry Concerns: See Mayor's Order 97-64, April 2, 1997 (44 DCR 2176).
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.
(a) The Commission is charged with the responsibility for the continuance, further development, and improvement of taxicab passenger service within the District, and the overall regulation of taxicabs, taxicab companies, and taxicab associations.
(b) The responsibility of the Commission specified in subsection (a) of this section shall be effected as follows:
(1) The Commission's Panel on Rates and Rules shall have original jurisdiction, power, and duty to:
(A) Establish reasonable rates for taxicab service for the transportation of passengers and their property within the District, including all charges incidental and directly related to the provision of taxicab services;
(B) Establish methodologies for the determination of reasonable fares for taxicab service, including, but not limited to, revision of the zone boundaries and zone construct currently employed to determine taxicab fares. The Commission's Panel on Rates and Rules shall neither impose any limitation on the number of taxicabs that may operate in the District, nor shall it authorize a metered system for determining taxicab fares without a 60-day period of Council review of the proposal;
(C) Establish criteria, standards, and requirements for taxicab vehicle licensing;
(D) Establish criteria, standards, and requirements for the licensing of taxicab owners, operators, taxicab companies, associations, and fleets, including the setting of reasonable license fees;
(E) Establish standards, conditions, and requirements of taxicab service;
(F) Establish standards for driver and passenger safety;
(G) Establish standards and requirements relating to equipment and equipment design;
(H) In situations of public emergency or because of extraordinary circumstances affecting the taxi industry, regulate the rates charged for the lease of taxicabs by taxicab companies, associations, and fleets where considered necessary to protect the public interest;
(I) Establish reasonable civil fines and penalties for violations of rules issued by the Commission, or orders issued by the Commission, including penalties consisting of license suspension and revocation;
(J) Establish any rule relating to the regulation and supervision of the taxicab industry not specifically delineated in this subchapter, so long as the rule is consistent with this subchapter, is reasonable, is related to the furtherance and protection of the public interest in taxi transportation, and is not within the rulemaking authority vested in the Panel on Consumer and Industry Concerns;
(K) Advise agencies and authorities of government having jurisdiction over public transportation or public highways and space within the District regarding the routing of taxicabs and the location of taxicab stands within the District; and
(L) Advise the Mayor regarding the entering, modifying, and terminating of reciprocal agreements respecting taxicabs with governmental bodies in the Washington metropolitan area.
(2) The Commission's Panel on Adjudication shall have the jurisdiction, power, and duty to:
(A) Adjudicate all complaints lodged in the Office against taxicab operators, companies, associations, fleets, and taxi dispatch services by consumers and officials or employees of government involved in taxicab enforcement or administration;
(B) When the panel determines that it is necessary to protect the public interest, adjudicate intraindustry complaints and disputes occurring in the taxi industry, including, but not limited to, complaints and disputes between companies, associations, companies and associations, operators or owners, and operators or owners and companies or associations; and, on the basis of industry-wide problems coming to light by virtue of adjudication, issue reasonable rules after notice and comment for the governance of intraindustry relationships where considered necessary to protect the public interest. For purposes of this subsection, the power to issue rules for the governance of intraindustry relationships shall mean the power to regulate the responsibilities of 1 component of the taxi industry to another, and does not comprehend the power to regulate the responsibility of any component of the industry to the public. The power to regulate the public responsibility of the taxi industry and its components is vested in the Panel on Rates and Rules pursuant to subsection (b)(1) of this section;
(C) Hear and decide appeals taken from license denials and proposed revocations or suspensions issued by the Office of Taxicabs established by § 50-312;
(D) Hear and decide upon complaints and appeals taken from any order, act, practice, or policy implemented by the Office relating to the taxicab industry; and
(E) Repealed.
(F) Undertake the investigation of any aspect of taxicab operations and practices, and to make a report and recommendation to the Panel on Rates and Rules or issue any reasonable rule if the subject of the investigation concerns a matter relevant to the rulemaking authority vested in the panel by subparagraph (B) of this paragraph;
(G) Repealed.
(H) Repealed.
(3) The Commission's Panel on Adjudication shall have the jurisdiction, power, and discretion to consider appeals taken from any act, decision, or order of a 3-member component of the Panel on Adjudication that exercises adjudicatory functions, as determined by a majority of the Panel on Adjudication.
(c) Except as provided in § 50-308(c), each panel of the Commission is empowered to issue orders which shall have binding effect in exercising any authority conferred by this section.
(Mar. 25, 1986, D.C. Law 6-97, § 8, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(b), 35 DCR 2181; Jan. 30, 1990, D.C. Law 8-59, § 2(a), 36 DCR 7384; May 1, 1990, D.C. Law 8-107, § 2(a), 37 DCR 1623; Apr. 9, 1997, D.C. Law 11-198, § 501(c), 43 DCR 4569; Apr. 20, 1999, D.C. Law 12-264, § 46, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1707.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 501(c) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
For temporary (225 day) amendment of section, see § 2 of Taxicab Commission Temporary Amendment Act of 1999 (D.C. Law 13-36, October 7, 1999, law notification 46 DCR 8700).
Emergency Act Amendments
For temporary amendment of section, see § 501(c) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 501(c) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 501(c) 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) addition of section, see § 2 of the Taxicab Commission Emergency Amendment Act of 1999 (D.C. Act 13-93, June 4, 1999, 46 DCR 5340).
For temporary (90 day) addition, see § 3 of the Taxicab Service Improvement Emergency Amendment Act of 2012 (D.C. Act 19-403, July 24, 2012, 59 DCR 9116).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.
For legislative history of D.C. Law 8-59, see Historical and Statutory Notes following § 50-309.
Law 8-107 was introduced in Council and assigned Bill No. 8-342, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on January 30, 1990, and February 13, 1990, respectively. Signed by the Mayor on February 28, 1990, it was assigned Act No. 8-161 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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
Hacker's License Appeal Board abolished: Section 23(a) of D.C. Law 6-97 provided that the Hacker's License Appeal Board established by Commissioners' Order 68-59, effective August 15, 1968, is abolished. Section 23(b) of D.C. Law 6-97 provided that the Commission shall be the successor to the Board and any complaint, proceeding, or matter pending before the Board on the effective date of this section shall be a complaint, proceeding, or matter of the Commission. Section 24(b) of D.C. Law 6-97 provided 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.
Law 19-184 amended this section and added § 50-307.01 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.
(a) A majority of the qualified members of the Panel on Rates and Rules shall constitute a quorum for the transaction of business, but public hearings may be conducted without the presence of a quorum. The chairperson or his or her designee shall preside over all proceedings of the panel, and may appoint a member to preside over public hearings.
(b) In exercising the rulemaking and ratemaking authority vested in the Panel on Rates and Rules by § 50-307, the Panel on Rates and Rules shall adhere to and be subject to the requirements of subchapter I of Chapter 5 of Title 2, which provisions shall apply to the Panel on Rates and Rules as an agency of government. The Panel on Rates and Rules shall, in giving notice of intended action under § 2-505, afford interested persons an opportunity to submit views and data orally during a public hearing, for which adequate notice has been given as required by rules of the panel. In exercising its rulemaking and ratemaking authority, the Panel on Rates and Rules shall have 45 days, excluding Saturdays, Sundays, and legal holidays, to act upon rulemaking and ratemaking matters after a majority of the full Commission has voted to require the panel to take action on proposed rules or rates. Rulemaking and ratemaking matters that are not acted upon by the panel within the time specified in this subsection may be acted upon by the full Commission.
(c) No rule or rate shall be effective unless a majority of the full Commission has voted affirmatively for the adoption of the rule or rate, and no proxy by a member shall be allowed.
(Mar. 25, 1986, D.C. Law 6-97, § 9, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(c), 35 DCR 2181; Sept. 22, 1994, D.C. Law 10-171, § 2(a), 41 DCR 5149.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1708.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.
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.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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 repealed 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 repeal has not been incorporated into this section.
§ 50-309. Panel on Consumer and Industry Concerns; quorum; adjudication and rulemaking requirements.
(a) Except as provided in this section, a majority of the qualified members of the Panel on Consumer and Industry Concerns shall constitute a quorum for the transaction of business. The chairperson, or his or her designee, shall preside over all proceedings of the panel.
(b) The panel shall act in 3-member components in exercising the adjudicatory functions vested in it by § 50-307. The membership of an adjudicatory component of the panel shall consist of 2 public representatives and 1 industry representative as determined by the chairperson. The chairperson shall regularly rotate the service of panel members on the components pursuant to an established schedule. The chairperson may, when deemed appropriate, call any member of the Commission to serve on a 3-member component of the Panel on Consumer and Industry Concerns. The chairperson or his or her designee shall preside over the proceedings of the components, but shall not vote on the case or matter under adjudication. Decisions in adjudicatory cases shall be made by a majority of the component, exclusive of the presiding officer, and shall be the decision of the panel upon issuance and order.
(c) The panel, in exercising the adjudicatory and rulemaking authority vested in it by § 50-307, shall adhere to the requirements of subchapter I of Chapter 5 of Title 2, the provisions of which shall apply to the panel as an agency of government.
(d) No rule issued pursuant to § 50-307(b)(2)(B) shall be effective unless a majority of the qualified members of the Panel on Consumer and Industry Concerns has voted affirmatively for the adoption of the rule, and no proxy by a member shall be allowed.
(e) Appeals from decisions of a 3-member component of the panel shall be considered in accordance with § 50-307(b)(3). For the purposes of subchapter I of Chapter 5 of Title 2, an order of a 3-member component of the panel that is appealed to the Panel on Consumer and Industry Concerns shall not be considered final pending the consideration of the appeal by the Panel.
(Mar. 25, 1986, D.C. Law 6-97, § 10, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(d), (e), 35 DCR 2181; May 1, 1990, D.C. Law 8-107, § 2(b), 37 DCR 1623; Sept. 22, 1994, D.C. Law 10-171, § 2(b), 41 DCR 5149; Apr. 9, 1997, D.C. Law 11-198, § 501(d), 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1709.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 501(d) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 501(d) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 501(d) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 501(d) 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).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.
Law 8-59 was introduced in Council and assigned Bill No. 8-351. The Bill was adopted on first and second readings on July 11, 1989 and September 26, 1989, respectively. Signed by the Mayor on October 13, 1989, it was assigned Act No. 8-89 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-107, see Historical and Statutory Notes following § 50-307.
For legislative history of D.C. Law 10-171, see Historical and Statutory Notes following § 50-308.
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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 repealed 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 repeal has not been incorporated into this section.
(Mar. 25, 1986, D.C. Law 6-97, § 10a, as added Jan. 30, 1990, D.C. Law 8- 59, § 2(c), 36 DCR 7384; May 1, 1990, D.C. Law 8-107, § 2(c), 37 DCR 1623; Apr. 9, 1997, D.C. Law 11-198, § 501(e), 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1709.1.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 501(e) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary repeal of section, see § 501(e) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 501(e) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 501(e) 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).
Legislative History of Laws
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.
Miscellaneous Notes
D.C. Law 11-226, title V, § 501(e) (44 DCR 124), eff. April 9, 1997, provides for the temporary repeal of this section.
Title XII, § 1201(b) of D.C. Law 11-226 provides for expiration "after 225 days of its having taken effect, or upon the effective date of the Fiscal Year 1997 Budget Support Amendment Act of 1996, whichever occurs first."
(a) The Chairperson shall appoint at least one attorney to serve as a hearing examiner to adjudicate consumer and industry complaints filed against taxicab owners, operators, companies, associations, fleets, and radio dispatch operations. The hearing examiner shall hear and decide appeals taken from license denials and proposed revocations or suspensions issued by the Office of Taxicabs.
(b) A hearing examiner may:
(1) Preside over a hearing in a contested matter;
(2) Compel the attendance of a witness by subpoena;
(3) Administer an oath, take testimony of a witness under oath, and dismiss, rehear, or continue a case;
(4) Conduct hearings in accordance with Chapter 4 of Title 31 of the District of Columbia Municipal Regulations (Taxicabs and Public Vehicles for Hire) (31 DCMR chapter 4); and
(5) Adjudicate consumer complaints filed pursuant to Chapter 7 of Title 31 of the District of Columbia Municipal Regulations (Taxicab and Public Vehicles for Hire) (31 DCMR chapter 7).
(Mar. 25, 1986, D.C. Law 6-97, § 10b, as added March 24, 1998, D.C. Law 12-75, § 2, 45 DCR 384.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1709.2.
Temporary Addition of Section
For temporary (225 day) addition, see § 2 of District of Columbia Taxicab Commission Establishment Act of 1985 Temporary Amendment Act of 1997 (D.C. Law 12-6, June 5, 1997, law notification 44 DCR 4638).
Emergency Act Amendments
For temporary addition of section, see § 2 of the District of Columbia Taxicab Commission Establishment Act of 1985 Emergency Amendment Act of 1997 (D.C. Act 12-18, March 3, 1997, 44 DCR 1760), see § 2 of the District of Columbia Taxicab Commission Establishment Act of 1985 Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-73, May 27, 1997, 44 DCR 3164), and see § 2 of the Taxicab Commission Hearing Examiner Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-255, February 19, 1998, 45 DCR 1170).
Legislative History of Laws
Law 12-75, the " Taxicab Commission Hearing Examiner Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-253. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-230 and transmitted to both Houses of Congress for its review. D.C. Law 12-75 became effective on March 24, 1998.
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.
(a) Each panel of the Commission shall establish respectively rules for the conduct of its organizational affairs and shall establish rules of procedure of general applicability consistent with subchapter I of Chapter 5 of Title 2. The Panel on Adjudication shall include in its rules of procedure specific guidelines to implement § 50-307(b)(2)(B).
(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved. Nothing in this section shall affect any requirements imposed upon the Commission by subchapter I of Chapter 5 of Title 2.
(Mar. 25, 1986, D.C. Law 6-97, § 11, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(f), 35 DCR 2181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1710.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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.
(a) The chairperson shall be responsible for, and shall assure coordination and communication between, both panels of the Commission, and shall have authority to resolve disputes and issues of jurisdiction arising between panels. All members of the Commission shall be kept apprised of the business of the full Commission.
(b) The chairperson shall call a meeting of the full Commission periodically, but no less than once every 2 months, to discuss general affairs of the Commission and matters pertaining to the taxicab industry, to establish and set general policies of the full Commission, and to outline goals and future directions of the Commission. Meetings of the full Commission shall include the participation of other governmental agencies involved in taxicab administration, such as the Metropolitan Police Department, the Office of Taxicabs, and the Washington Metropolitan Area Transit Commission.
(b-1) The Commission may spend, from the Taxicab Driver Security Revolving Fund, established in § 50-321, an amount not to exceed $1,200 per fiscal year for nominal refreshments, food, or additional supplies necessary to hold regular meetings, including work sessions.
(c) The full Commission shall make an annual report to the Mayor and the Council on or before the 2nd Monday of January of each year. The report shall contain, but not be limited to, information and statistics relating to licensing, enforcement, the status of taxicab equipment, estimated industry revenues, and passenger carriage, and shall outline briefly the activities and goals of the Commission.
(d) The full Commission shall periodically evaluate program development and implementation at the hacker's license training course and may issue policy directives pertaining to program content and program direction.
(Mar. 25, 1986, D.C. Law 6-97, § 12, 33 DCR 703; Oct. 1, 2002, D.C. Law 14-190, § 2602(b), 49 DCR 6968.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1711.
Effect of Amendments
D.C. Law 14-190 added subsec. (b-1)
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2502(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For Law 14-190, see notes following § 51-101.
Effective Dates
Section 24(b) of D.C. Law 6-97 provided that sections 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.
(a) There is established an Office of Taxicabs.
(b) The Office shall provide administrative support to the Commission.
(c) The Office shall be responsible for the execution and administration of this subchapter, and all rules, standards, rates, charges, and orders issued by the Commission.
(d) Repealed.
(e) The Office shall:
(1) Repealed;
(2) Administer all license examinations applicable to the taxicab industry;
(3) Maintain a system of public records relating to licensed owners and operators of taxicabs and taxicab companies, associations, and fleets;
(4) Repealed;
(5) Receive complaints lodged against the owners and operators of taxicabs, taxicab companies, associations, fleets, and dispatch services for the violation of any rule, regulation, order, rate, or law applicable specifically to the taxicab industry;
(6) Repealed;
(7) Administer and enforce all rules, rates, and orders issued under the authority of the Commission applicable to taxicab companies, associations, fleets, taxicab facilities, taxi dispatch services, and the owners and operators of taxicabs;
(8) Develop, maintain, and keep current under the direction of the Commission a body of information for public and Commission use relating to taxi industry operations within the District, regionally, and nationwide, which information shall include, but not be limited to, statistics, analyses, studies, and projections relating to matters such as revenue, operational costs, passenger carriage, profits, practices, and technologies characterizing the taxi industry;
(9) Perform any other administrative functions necessary to carry out the purposes of this subchapter which are assigned to the Office by the Commission; and
(10) Inspect vehicles for hire for compliance with regulations established by the Taxicab Commission.
(f) There shall be no less than 12 hack inspectors to be employed in enforcing the present rules and regulations pertaining to taxicabs and any future rules and regulations established. A primary function of the hack inspectors shall be to ensure the proper provision of service and to support safety.
(g) Nothing in this section shall abrogate the authority of officers of the Metropolitan Police Force to enforce and issue citations relating to taxicab requirements.
(h)(1) A proposed suspension or revocation by the Office of a license issued under the authority of this subchapter shall not take effect until a final decision is rendered by the Commission upon a timely appeal taken by a licensee or, if no appeal is taken, upon the lapse of the period specified, by rule, for appeal.
(2) The Office may immediately suspend a license issued under the authority of this subchapter where the Office has determined that an imminent danger is posed to the public. Within 3 days of the issuance by the Office of an immediate suspension, a hearing shall be held before an examiner in the Panel on Consumer and Industry Concerns. Appeals from immediate suspensions shall be taken to the Commission in the same manner as provided for in cases of appeals of proposed suspensions or revocations.
(Mar. 25, 1986, D.C. Law 6-97, § 13, 33 DCR 703; May 1, 1990, D.C. Law 8-107, § 2(d), 37 DCR 1623; Apr. 9, 1997, D.C. Law 11-198, § 501(f), 43 DCR 4569; Mar. 14, 2007, D.C. Law 16-279, § 210, 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1712.
Effect of Amendments
D.C. Law 16-279 added subsec. (e)(10).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 501(f) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 501(f) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), see § 501(f) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and see § 501(f) 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).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 8-59, see Historical and Statutory Notes following § 50-309.
For legislative history of D.C. Law 8-107, see Historical and Statutory Notes following § 50-307.
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.
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.
Miscellaneous Notes
Hacker's License Appeal Board abolished: Section 23(a) of D.C. Law 6-97 provided that the Hacker's License Appeal Board established by Commissioners' Order 68-59, effective August 15, 1968, is abolished. Section 23(b) of D.C. Law 6-97 provided that the Commission shall be the successor to the Board and any complaint, proceeding, or matter pending before the Board on the effective date of this section shall be a complaint, proceeding, or matter of the Commission. Section 24(b) of D.C. Law 6-97 provided 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.
Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.
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.
(a) The Mayor may issue any reasonable rule relating to the supervision of passenger vehicles for hire he or she considers necessary for the protection of the public.
(b) The Mayor may establish standards, criteria, and requirements for the licensing of the different classes of passenger vehicles for hire and the owner and operators thereof, and may establish appropriate classes of license fees for the ownership and operation of passenger vehicles for hire subject to the requirements of this section, provided that no license requirement for operating authority shall be mandated by the Mayor which is duplicative of the jurisdiction of the Washington Metropolitan Area Transit Commission.
(c) No person, corporation, partnership, or association shall operate a passenger vehicle for hire in the District without first having procured all applicable licenses and meeting all requirements as mandated by the Mayor. Any violation of this subsection shall subject a violator to a civil fine not to exceed $500.
(c-1) Repealed.
(d) The Mayor may establish reasonable civil fines for violation of any rule issued pursuant to the authority of this section.
(e) All rules and regulations applicable to passenger vehicles for hire in effect on March 25, 1986, shall remain effective until amended or repealed by the Mayor.
(Mar. 25, 1986, D.C. Law 6-97, § 14, 33 DCR 703; Nov. 25, 2008, D.C. Law 17-280, § 2(a), 55 DCR 11066; Mar. 3, 2010, D.C. Law 18-111, § 6053, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1713.
Effect of Amendments
D.C. Law 17-280 added subsec. (c-1).
D.C. Law 18-111 repealed subsec. (c-1), which had read as follows:
"(c-1)(1) No new license to operate an independently operated limousine, as that term is defined in Chapter 12 of Title 31 of the District of Columbia Municipal Regulations, shall be issued.
"(2) The moratorium on the issue of new licenses to operate an independently operated limousine shall have a prospective effect.
"(3) The moratorium shall last no longer than 2 years from November 25, 2008."
Emergency Act Amendments
For temporary (90 day) amendment, see § 2(a) of Taxicab Company, Association, and Fleet and Limousine License Moratorium Emergency Amendment Act of 2008 (D.C. Act 17-490, August 4, 2008, 55 DCR 9162).
For temporary (90 day) amendment of section, see § 2(a) of Taxicab Company, Association, and Fleet and Limousine License Moratorium Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-548, October 24, 2008, 55 DCR 11979).
For temporary (90 day) amendment of section, see § 6053 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 § 6053 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
Law 17-280, the "Taxicab Company, Association, and Fleet and Limousine License Moratorium Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-703 which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on October 6, 2008, it was assigned Act No. 17-535 and transmitted to both Houses of Congress for its review. D.C. Law 17-280 became effective on November 25, 2008.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
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.
(a) Each owner of a taxicab operated in the District shall maintain a bond or policy of liability insurance covering accident risks for payment of judgments and legal claims arising out of the ownership, maintenance, or operation of a taxicab consistent with the provisions of the Compulsory/No Fault Motor Vehicle Insurance Act of 1982 Amendments Act of 1985.
(b) The bond or policy of liability insurance required by this section shall provide minimum coverage by a surety or insurer on any 1 judgment of $10,000 for bodily injuries or death, and $5,000 for damage to property, and $20,000 for bodily injury or death, and $5,000 for damage to property for all judgments arising out of the same subject of action, to be apportioned ratably among creditors according to the amount of their respective rights, until these requirements are superseded by the Compulsory/No Fault Motor Vehicle Insurance Act of 1982 Amendments Act of 1985.
(c) The liability of a surety or insurer on an indemnity or policy of liability issued under this section shall be absolute for damages adjudged against an insured.
(d) Each owner of a taxicab operated in the District shall file with the Office evidence that a bond or policy of liability insurance meeting the requirements of this section is in force for the owner's taxicab. The Office shall maintain accurate and current information on all insured taxicabs and shall maintain accurate and current records on all taxicabs for which insurance or a bond has been cancelled.
(e) Policies of liability insurance shall be issued only by companies authorized by the Commissioner to do business in the District, and all sureties bonding taxicabs operated in the District shall be approved by the Commissioner. No insurer or surety shall engage in the business of insuring or bonding taxicabs unless a certificate of approval is issued by the Commissioner to engage in such a business, which approval shall be given upon a finding by the Commissioner that the company is qualified and its management capable of conducting such a business in the public interest.
(f) The Commissioner shall issue reasonable rules in furtherance of the protection of the public governing:
(1) The business and practices of insurers and sureties indemnifying accident risks of taxicabs operated in the District, including the expenses of management, administration, and acquisition of business;
(2) The writing of insurance and the making of bonds for the coverage of accident risks of taxicabs; and
(3) The rate and rate structure of insurance for coverage of the accident risks of taxicabs operated in the District.
(g) The Commissioner may, after a hearing, withdraw the certificate of approval of any insurer or surety violating a provision of this section or any rule issued by the Commissioner pursuant to the authority of this subchapter.
(h) No bond or policy of insurance required by this subchapter may be cancelled unless not less than 20 days notice of cancellation or termination has been provided to the insured in writing, and notice of intent to cancel has been filed with the Commissioner and Office not less than 20 days prior to the date of cancellation or termination, except that cancellation for nonpayment of premium shall require not less than 5 days written notice to the insured, and the filing of notice of intent to cancel with the Commissioner and Office not less than 5 days prior to the date of cancellation.
(Mar. 25, 1986, D.C. Law 6-97, § 15, 33 DCR 703; May 21, 1997, D.C. Law 11-268, § 10(ii)(2), 44 DCR 1730.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1714.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 11-268, see Historical and Statutory Notes following § 50-303.
References in Text
The "Compulsory/No Fault Motor Vehicle Insurance Act of 1982 Amendments Act of 1985", referred to at the end of subsections (a) and (b), is D.C. Law 6-96.
(a) Any owner of a taxicab required to file a bond or policy of liability insurance under § 50-314 may instead:
(1) File with the Commissioner a blanket bond or blanket policy of liability insurance in an amount considered sufficient by the Commissioner to cover accident risks for the payment of judgments or claims arising out of the ownership, maintenance, or operation of the taxicabs to which the blanket bond or blanket policy shall relate, and covering all vehicles lawfully displaying the trade name or identifying design of any individual, association, company, or corporation. The Commissioner shall periodically review all blanket bonds or blanket policies filed under this subsection to assure that the amount of the bond or policy is adequate to protect the public and may after a hearing order the adjustment of the required amount of the bond or policy as is reasonable and necessary to protect the public; or
(2) Create and maintain a sinking fund in an amount the Commissioner considers reasonable and necessary to protect the public, and deposit the same, in trust, for the payment of any judgment recovered against the owner arising out of the ownership, maintenance, or operation of a covered taxicab, with the person, official, or corporation the Commissioner shall designate. A sinking fund shall not be created unless the Commissioner is satisfied that the owner is possessed and will continue to be possessed of the financial ability to pay judgments obtained against the owner. If such a fund has been created, the Commissioner shall have authority and shall periodically require whatever evidence of the owner's financial status is necessary to satisfy the Commissioner of financial ability to pay judgments, and may, based upon findings after a hearing, impose any reasonable and necessary requirement as will assure the financial integrity of the fund. If upon the evidence and after a hearing on the issue the Commissioner finds that a fund is not possessed and will likely not continue to be possessed of financial ability to pay judgments, the Commissioner shall require that the owner file a bond or policy of insurance required by § 50-314, and shall return to the owner the amount of the sinking fund when the Commissioner is satisfied that the maintenance thereof is not needed to assure the payment of any claim or judgment then outstanding. Failure to pay any judgment within 30 days after judgment becomes final shall constitute reasonable grounds for finding that the owner is not possessed of financial ability to pay judgments.
(b) If any owner elects to comply with the provisions of this section, he or she shall file an admission of liability with the Commissioner, in conformity with the principles of respondeat superior, for the tortious acts of drivers of vehicles displaying the trade name or identifying design of the company, association, or the owner.
(c) Any cash or collateral deposit or sinking fund provided for in this section shall be exempt from attachment or levy for any obligation or liability of the depositor except as provided in this section.
(d) It shall be unlawful to operate any vehicle subject to the provisions of § 50-314 and this section unless the vehicle is insured as provided in this subchapter, under threat of a civil fine not to exceed $500. Any violation of any regulation or requirement issued or ordered pursuant to § 50-314 or this section shall be subject to a civil fine not to exceed $500.
(e) For the purpose of this section a blanket bond or sinking fund may be established by the owner of a trade name or identifying design and may cover taxicabs bearing the trade name or identifying design of the owner, multiple fleets of taxicabs bearing different trade names or identifying designs of the owner, or owners of individual taxicabs bearing different trade names or identifying designs of the owner, irrespective of whether the owner of the trade name or identifying design owns the taxicab so long as the registered owner of the taxicab consents in writing to the sinking fund or blanket bond established by the owner of the trade names or identifying design. For the purpose of this subsection a member of a taxicab association shall be considered to have consented to a blanket bond or a sinking fund duly established by the association and no consent in writing shall be required.
(Mar. 25, 1986, D.C. Law 6-97, § 16, 33 DCR 703; May 21, 1997, D.C. Law 11-268, § 10(ii)(2), 44 DCR 1730.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1715.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 11-268, see Historical and Statutory Notes following § 50-303.
(a) Within 12 months of March 25, 1986, the Commissioner shall make a report to the Mayor and the Council and shall recommend changes in the areas of taxicab insurance the Commissioner considers necessary for the protection of the public and the public interest in taxi transportation.
(b) The report shall contain the views of the Commission on recommendations made by the Commissioner.
(c) The report shall include recommendations relating to:
(1) The appropriate amounts of minimum insurance taxicabs should be required to carry, including an analysis of the economic impact on the taxi industry of a raise in minimum amounts;
(2) The appropriateness and feasibility of extending insurance coverage on taxicabs to include collision and other coverage, and an analysis of the economic impact of extending insurance coverage; and
(3) The current practices of the taxi industry in the area of insurance.
(Mar. 25, 1986, D.C. Law 6-97, § 17, 33 DCR 703; May 21, 1997, D.C. Law 11-268, § 10(ii)(2), 44 DCR 1730.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1716.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 11-268, see Historical and Statutory Notes following § 50-303.
(a) Within 12 months of March 25, 1986, and at least once every 24 months thereafter, the Commission's Panel on Rates and Rules shall undertake a review of the taxicab rate structure. The review required by this section shall be undertaken by holding at least 1 public hearing, upon notice with opportunity to comment. Within 120 days of holding the public hearings, the panel shall render a decision on whether a modification or adjustment in rate structure is warranted, and, if determined to be warranted, shall implement the modification or adjustment.
(b) The panel and the full commission, in the establishment and supervision of the taxicab rate structure, shall balance equitably the interest of owners and operators of taxicabs, taxicab companies and associations, and dispatch services in procuring a maximum rate of return on investment and labor against the public interest in maintaining a taxicab system affordable to a broad cross section of the public, and shall establish nondiscriminatory rates, charges, matrices, boundaries, and methodologies for the determination of taxicab fares which assure reasonable and adequate compensation and promote broad and nondiscriminatory public access to taxicab transportation facilities.
(Mar. 25, 1986, D.C. Law 6-97, § 18, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(g), 35 DCR 2181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1717.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.
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.
Except as modified by this subchapter, or until changed by the Commission pursuant to this subchapter, all regulations relating to taxicabs contained in the District of Columbia Municipal Regulations shall remain in effect. Within 9 months of the appointment and confirmation of the Commission and the appointment of the chairperson, the Commission shall cause a republication of all regulations relating to taxicabs, including applicable amendments to conform the regulations to this subchapter, and revisions issued by the Commission.
(Mar. 25, 1986, D.C. Law 6-97, § 19, 33 DCR 703.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1718.
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
Delegation of Authority
Delegation of Authority to the Chairperson of the D.C. Taxicab Commission to establish a fuel surcharge, see Mayor's Order 2011-64, March 25, 2011 (58 DCR 2861).
Miscellaneous Notes
Mayor authorized to appoint Commission prior to effective date: Section 24(c) of D.C. Law 6-97 provided that prior to the effective date specified in § 24(b) (1 year after March 25, 1986), the Mayor is authorized to appoint the members and chairperson of the Commission. Upon confirmation, the chairperson is authorized to appoint the Chief and approve the hiring of the staff of the Office. Following confirmation of a majority of their members, the Commission panels are authorized to issue internal operating procedures and otherwise organize the Commission in preparation for the performance of duties under the act.
(a) No person, corporation, partnership, or association shall operate a taxicab, taxicab company, association, or fleet, or taxicab service within the District without first procuring all applicable licenses required by the Commission pursuant to the authority of this subchapter or in the event of licensure by another jurisdiction pursuant to reciprocal agreement. Any violation of this section shall be punishable by a civil fine not to exceed $500. For purposes of this subsection, the term "operate" includes the provision of taxicab service of any type which physically originates in the District.
(b) A license issued to a taxicab company, association, or fleet shall expire automatically 3 years from the date of its issuance. Applications for renewal shall be made in a manner prescribed by the Commission. The minimum license fee imposed by the Commission pursuant to this subchapter on taxicab companies, associations, or fleets for operating authority shall not be less than $100 per year.
(b-1)(1) No new license to operate a taxicab company, taxicab association, or taxicab fleet shall be issued.
(2) The moratorium on the issue of new licenses to operate a taxicab company, taxicab association, or taxicab fleet, shall have a prospective effect.
(3) The moratorium shall last no longer than 2 years from November 25, 2008.
(c) Any license issued pursuant to this section shall be issued 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 Chapter 28 of Title 47.
(Mar. 25, 1986, D.C. Law 6-97, § 20, 33 DCR 703; Sept. 22, 1994, D.C. Law 10-171, § 2(c), 41 DCR 5149; Apr. 20, 1999, D.C. Law 12-261, § 2003(oo), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(kk), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 83(e), 52 DCR 2638; Nov. 25, 2008, D.C. Law 17-280, § 2(b), 55 DCR 11066.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1719.
Effect of Amendments
D.C. Law 15-38, in subsec. (c), substituted "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 15-354, in subsec. (c), validated a previously made technical correction.
D.C. Law 17-280 added subsec. (b-1).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(kk) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) amendment, see § 2(b) of Taxicab Company, Association, and Fleet and Limousine License Moratorium Emergency Amendment Act of 2008 (D.C. Act 17-490, August 4, 2008, 55 DCR 9162).
For temporary (90 day) amendment of section, see § 2(b) of Taxicab Company, Association, and Fleet and Limousine License Moratorium Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-548, October 24, 2008, 55 DCR 11979).
Legislative History of Laws
For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.
For legislative history of D.C. Law 10-171, see Historical and Statutory Notes following § 50-308.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 15-38, the "Streamlining Regulation Act of 2003", was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.
Law 15-354, the "Technical Amendments Act of 2004", was introduced in Council and assigned Bill No. 15-1130 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on February 9, 2005, it was assigned Act No. 15-770 and transmitted to both Houses of Congress for its review. D.C. Law 15-354 became effective on April 13, 2005.
For Law 17-280, see notes following § 50-313.
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.
(a) There is established within the District of Columbia treasury a fiduciary fund known as the District of Columbia Taxicab Commission Fund ("Fund"). The Fund shall consist of:
(1) All assessments levied by the Commission against taxicab operators upon the issuance and renewal of a public vehicle operator's identification license issued pursuant to § 47-2829(e); and
(2)(A) The proceeds of a fee established by the Commission, by rule, that is estimated to aggregate at least $1 million in fiscal year 2013, and each fiscal year thereafter; or
(B) Any other amounts designated by law or reprogramming to be deposited into the Fund in an amount that is estimated to aggregate at least $1 million in fiscal year 2013, and each fiscal year thereafter.
(b) The Fund shall be used to pay the costs of the Commission, including the costs of operating and administering programs, investigations, proceedings, and inspections, and any costs including any costs for improving the District's taxicab fleet.
(c) After June 24 1987, continued resources for the Fund shall be provided through an assessment levied against taxicab and passenger vehicle for hire operators as determined by Commission rule. Monies deposited into the Fund after June 24, 1987, shall be used by the Commission for any investigation or proceeding by the Commission concerning taxicab and passenger vehicle for hire rates and regulations as determined by rules promulgated by the Commission and submitted to the Council for approval, in whole or in part, by resolution. No assessment imposed by the Commission on an operator pursuant to this subsection shall exceed $50 per year. Nothing in this subsection shall affect any requirements imposed upon the Commission by subchapter I of Chapter 5 of Title 2.
(d) The Commission shall assess each taxicab and passenger vehicle for hire operator $50 per year upon the issuance or renewal of each operator identification card license.
(e) Repealed.
(f) Repealed.
(Mar. 25, 1986, D.C. Law 6-97, § 20a, as added May 10, 1988, D.C. Law 7- 107, § 2, 35 DCR 2176; Sept. 22, 1994, D.C. Law 10-171, § 2(d), 41 DCR 5149; Oct. 19, 2000, D.C. Law 13-172, § 1502, 47 DCR 6308; Mar. 3, 2010, D.C. Law 18-111, § 6041, 57 DCR 181; Sept. 20, 2012, D.C. Law 19-168, § 6052, 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-1720.
Effect of Amendments
D.C. Law 13-172 in the first sentence substituted "Beginning in 2001, on February 1st" for "On October 15th", and in the fourth sentence substituted "90th day" for "45th day".
D.C. Law 18-111, in subsec. (a), substituted "The Fund shall consist of all assessments levied by the Commission" for "This fund shall consist of all assessments levied by the Public Service Commission of the District of Columbia"; rewrote subsec. (b); in subsec. (c), substituted "taxicab and passenger vehicle for hire operators" for "taxicab operators" and substituted "taxicab and passenger vehicle for hire rates" for "taxicab rates"; and, in subsec. (d), substituted "taxicab and passenger vehicle for hire operator" for "taxicab operator". Prior to amendment or repeal, subsecs. (b), (e) and (f) read as follows:
"(b) The Fund shall be used exclusively by the Commission for the payment of its expenses arising from any investigation or proceeding by the Commission concerning taxicab rates and regulations and for any taxicab related matters. The Fund may be used for the purposes of hiring hack inspectors for no more than 2 years after September 22, 1994."
"(e) Beginning in 2001, on February 1st of each year the Commission shall submit to the Council a plan for the use of all monies in the Fund. The proposed plan shall be submitted to the Council for approval, in whole or in part, by resolution. The expenditure of monies in the Fund shall be subject to Council approval of the annual plan. The proposed plan shall be considered approved by the Council on the 90th day after the plan has been submitted for Council consideration unless the Council, within that time, disapproves the plan by resolution. Nothing in this subsection shall affect any requirements imposed upon the Commission by subchapter I of Chapter 5 of Title 2.
"(f) On November 1st of each year the Commission shall submit an annual report to the Council on all assessment income received and disbursements made from the Fund during the previous fiscal year."
D.C. Law 19-168 rewrote subsec. (a), which formerly read:
"(a) There is established within the District of Columbia treasury a fiduciary fund to be known as the District of Columbia Taxicab Commission Fund ('Fund'). The Fund shall consist of all assessments levied by the Commission against taxicab operators upon the issuance and renewal of a public vehicle operator's identification license issued pursuant to § 47-2829(e), held in miscellaneous trust funds by the Public Service Commission of the District of Columbia and the Office of the People's Counsel prior to June 23, 1987, pursuant to § 34- 912(a). These funds shall be accounted for under procedures established pursuant to subchapter V of Chapter 3 of Title 47, or any other applicable law."
Temporary Addition of Section
For temporary (225 day) addition, see § 2 of Taxicab Driver Security Revolving Fund Temporary Act of 2001 (D.C. Law 14-89, March 19, 2002, law notification 49 DCR 2994).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 1602 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) taxicab driver security revolving fund provisions, see § 2 of Taxicab Driver Security Revolving Fund Emergency Act of 2001 (D.C. Act 14- 171, November 19, 2001, 48 DCR 11037).
For temporary (90 day) taxicab driver security revolving fund provisions, see § 2 of Taxicab Driver Security Revolving Fund Congressional Review Emergency Act of 2002 (D.C. Act 14-283, February 25, 2002, 49 DCR 2308).
For temporary (90 day) addition of §§ 50-321 and 50-322, see § 2502(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 6041 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 § 6041 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(b) of the Taxicab Service Improvement Emergency Amendment Act of 2012 (D.C. Act 19-403, July 24, 2012, 59 DCR 9116).
Legislative History of Laws
Law 7-37 was introduced in Council and assigned Bill No. 7-261. The Bill was adopted on first and second readings on June 16, 1987 and June 30, 1987, respectively. Signed by the Mayor on July 23, 1987, it was assigned Act No. 7- 65 and transmitted to both Houses of Congress for its review.
Law 7-107, "District of Columbia Taxicab Commission Fund Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-266, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on February 16, 1988 and March 1, 1988, respectively. Signed by the Mayor on March 16, 1988, it was assigned Act No. 7-149 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 10-171, see Historical and Statutory Notes following § 50-308.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-175 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For Law 18-111, see notes following § 50-313.
Law 19-168, the "Fiscal Year 2013 Budget Support Act of 2012", was introduced in Council and assigned Bill No. 19-743, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2012, and June 5, 2012, respectively. Signed by the Mayor on June 22, 2012, it was assigned Act No. 19-385 and transmitted to both Houses of Congress for its review. D.C. Law 19-168 became effective on September 20, 2012.
Delegation of Authority
Delegation of Authority Under the Taxicab Driver Security Revolving Fund Temporary Act of 2001, see Mayor's Order 2002-109, July 19, 2002 (49 DCR 6872).
Resolutions
Resolution 13-107, the "District of Columbia Taxicab Commission Fund Annual Plan Approval Resolution of 1999", was approved effective April 13, 1999.
Resolution 14-136, the "District of Columbia Taxicab Commission Fund Annual Plan Approval Resolution of 2001", was approved effective June 26, 2001.
Resolution 14-137, the "District of Columbia Taxicab Commission Fund FY 2001 Annual Spending Plan Approval Resolution of 2001", was approved effective June 26, 2001.
Resolution 16-152, the "District of Columbia Taxicab Commission Fund Annual Spending Plan Approval Resolution of 2006", was approved effective May 3, 2005.
Resolution 16-783, the "Fiscal Year 2007 District of Columbia Taxicab Commission Fund Annual Spending Plan Approval Resolution of 2006", was approved effective August 1, 2006.
Miscellaneous Notes
Approval of annual plan for use of monies in assessment fund: Pursuant to Resolution 8-320, the "District of Columbia Taxicab Commission Annual Plan I Assessment Fund Approval Resolution of 1990", effective December 28, 1990, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.
Pursuant to Resolution 8-321, the "District of Columbia Taxicab Commission Annual Plan II Assessment Fund Approval Resolution of 1990", effective December 28, 1990, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.
Approval of rules: Pursuant to Resolution 8-281, the "District of Columbia Taxicab Commission Fund Rulemaking Approval Resolution of 1990", effective November 2, 1990, the Council approved the proposed rules to implement the provisions of the District of Columbia Taxicab Commission Fund Amendment Act of 1988.
District of Columbia Taxicab Commission Annual Plan Assessment Fund Approval Resolution of 1992: Pursuant to Resolution 9-204, effective March 13, 1992, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.
District of Columbia Taxicab Commission Annual Plan Assessment Fund Approval of 1993: Pursuant to Resolution 10-83, effective July 30, 1993, the Council approved, the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.
District of Columbia Taxicab Commission Fund Approval Resolution of 1994: Pursuant to Resolution 10-333, effective April 22, 1994, the Council approved the annual plan for the use of monies in the District of Columbia Taxicab Commission Fund.
Short title: Section 6040 of D.C. Law 18-111 provided that subtitle E of title VI of the act may be cited as the "District of Columbia Taxicab Commission Establishment Amendment Act of 2009".
Short title: Section 6051 of D.C. Law 19-168 provided that subtitle F of title VI of the act may be cited as "District of Columbia Taxicab Commission Fund Amendment Act of 2012".
Law 19-184 amended this section and repealed the amendment of this section by D.C. Law 19-168, § 6052, 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.
(Mar. 25, 1986, D.C. Law 6-97, § 20b, as added Oct. 1, 2002, D.C. Law 14- 190, § 2602(c), 49 DCR 6968; Mar. 13, 2004, D.C. Law 15-105, § 89, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 6042(a), 51 DCR 8441.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 6042(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) reversion of funds in the Taxicab Driver Security Revolving Fund, see § 6042(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) repeal of section, see § 6042(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) reversion of funds in the Taxicab Driver Security Revolving Fund, see § 6042(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Legislative History of Laws
For Law 14-190, see notes following § 51-101.
For Law 15-105, see notes following § 50-203.
Law 15-205, the "Fiscal Year 2005 Budget Support Act of 2004", was introduced in Council and assigned Bill No. 15-768, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 2004, and June 29, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-487 and transmitted to both Houses of Congress for its review. D.C. Law 15-205 became effective on December 7, 2004.
Miscellaneous Notes
Short title of subtitle E of Law 15-205: Section 6041 of D.C. Law 15-205 provided that subtitle E of the act may be cited as the District of Columbia Taxicab Commission Fund Repealer Amendment Act of 2004.
Section 6042(c) of D.C. Law 15-205 provides: "All funds in the Taxicab Driver Security Revolving Fund shall revert to the General Fund on October 1, 2004."
(Mar. 25, 1986, D.C. Law 6-97, § 20c, as added Oct. 1, 2002, D.C. Law 14- 190, § 2602(c), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15-205, § 6042(b), 51 DCR 8441.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 6042(b) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) reversion of funds in the Taxicab Driver Security Revolving Fund, see § 6042(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) repeal of section, see § 6042(b) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) reversion of funds in the Taxicab Driver Security Revolving Fund, see § 6042(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Legislative History of Laws
For Law 14-190, see notes following § 51-101.
For Law 15-205, see notes following § 50-321.
Miscellaneous Notes
Section 6042(c) of D.C. Law 15-205 provides: "All funds in the Taxicab Driver Security Revolving Fund shall revert to the General Fund on October 1, 2004."
(a) There is established the Taxicab Commission Fingerprinting Fund which shall be a lapsing fund, into which shall be deposited funds from appropriations and from fees from applicants for hacker and limousine licenses to obtain fingerprint records through the Metropolitan Police Department; which funds shall be used to make payment to the Metropolitan Police Department for the cost of obtaining the fingerprint records. The funds deposited in the Taxicab Commission Fingerprinting Fund shall be used exclusively for the purposes set forth in subsection (b) of this section. All funds received but not expended in a fiscal year shall revert to the unrestricted fund balance of General Fund of the District of Columbia.
(b) Revenue deposited into the fund shall be specifically designated to be expended by the Taxicab Commission to obtain fingerprint records from the Metropolitan Police Department and shall not be used to provide funding to any other District government agency.
(c) The Metropolitan Police Department shall submit to the Taxicab Commission a voucher, on a periodic basis as agreed to by the Taxicab Commission and the Metropolitan Police Department, to be reimbursed for the cost of producing fingerprint records; which voucher shall include the cost and the number of fingerprint records produced.
(Mar. 25, 1986, D.C. Law 6-97, § 20d, as added Mar. 2, 2007, D.C. Law 16- 192, § 2022, 53 DCR 6899; Sept. 14, 2011, D.C. Law 19-21, § 9081, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21 rewrote subsec. (a), which had read as follows:
"(a) There is hereby established the Taxicab Commission Fingerprinting Fund which shall be a revolving, nonlapsing fund that shall not revert to the General Fund at the end of any fiscal year or at any other time but shall be continually available to the Taxicab Commission for the purpose of the fund, subject to authorization by Congress, into which shall be deposited funds from appropriations and from fees from applicants for hacker and limousine licenses to obtain fingerprint records through the Metropolitan Police Department; which funds shall be used to make payment to the Metropolitan Police Department for the cost of obtaining the fingerprint records."
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2022 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) addition of section, see § 2022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) addition of section, see § 2022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
Law 16-192, the "Fiscal Year Budget Support Act of 2006", was introduced in Council and assigned Bill No. 16-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 9, 2006, and June 6, 2006, respectively. Signed by the Mayor on August 8, 2006, it was assigned Act No. 16-476 and transmitted to both Houses of Congress for its review. D.C. Law 16-192 became effective on March 2, 2007.
For history of Law 19-21, see notes under § 50-231.
Miscellaneous Notes
Short title: Section 2022 of D.C. Law 16-192 provided that subtitle C of title II of the act may be cited as the "District of Columbia Taxicab Commission Establishment Fingerprinting Fund Amendment Act of 2006".
(a) There is established as a nonlapsing fund the Wheelchair-Accessible Taxicab Promotion Fund ("Fund"), to be administered by the Chairperson of the District of Columbia Taxicab Commission. The Fund shall be comprised of general revenue funds appropriated by a line item in the budget submitted pursuant to § 1- 204.46 and authorized by Congress in an appropriations acts for the purpose of the Fund.
(b) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c)(1) The Fund shall be used to encourage the purchase, operation, and use of wheelchair-accessible taxicabs within the District of Columbia and may be used to provide a required local match for the purposes of obtaining grant funding.
(2) During only the first year following the initial deposit of funds into the Fund, the District of Columbia Taxicab Commission may use up to 10% of funds within the Fund to retain the services of an outside consultant to engage in the following activities:
(A) To develop a process for receiving and screening proposals for the use of funds from the Fund to ensure that any expenditure of funds is directed towards qualified programs and applicants;
(B) To publicize the existence of the Fund and the process by which programs and individuals may apply to the Fund;
(C) To assist the Chairperson of the District of Columbia Taxicab Commission in selecting programs and individuals to receive funds from the Fund; and
(D) To seek additional funding for the Fund.
(d)(1) The District of Columbia Taxicab Commission may make loans from the Fund, including below-market rate or zero-interest loans, so long as the loans are for the purposes set forth in subsection (c) of this section.
(2) Any repayment of loans made by the Fund shall be deposited within the Fund.
(e) The District of Columbia Taxicab Commission may seek grants from any source, including the Federal Transit Administration's New Freedom Program, for the purpose of encouraging the purchase, operation, and use of wheelchair-accessible taxicabs within the District of Columbia.
(Mar. 25, 1986, D.C. Law 6-97, § 20e, as added Sept. 18, 2007, D.C. Law 17-20, § 6052, 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 215(e), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
Emergency Act Amendments
For temporary (90 day) addition of section, see § 6052 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
Legislative History of Laws
Law 17-20, the "Fiscal Year 2008 Budget Support Act of 2007", was introduced in Council and assigned Bill No. 17-148 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2007, and June 5, 2007, respectively. Signed by the Mayor on June 28, 2007, it was assigned Act No. 17-63 and transmitted to both Houses of Congress for its review. D.C. Law 17-20 became effective on September 18, 2007.
Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review. D.C. Law 17-353 became effective on March 25, 2009.
Miscellaneous Notes
Short title: Section 6051 of D.C. Law 17-20 provided that subtitle F of title VI of the act may be cited as the "Wheelchair-Accessible Taxicab Promotion Fund Act of 2007".
Law 19-184 amended this section and added §§ 50-325 to 50-329.03 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 and the sections have not been added.
