D.C. Mun. Regs. tit. 31, r. 31-1612
Current through Register Vol. 71, No. 36, September 6, 2024
Rule 31-1612 - DISTRICT OF COLUMBIA UNIVERSAL TAXICAB APP1612.1 Not later than one hundred eighty (180) days after the effective date of this section ("implementation date"), each DFHV taxicab operator shall at all times throughout each tour of duty:
(a) Be logged into the District of Columbia Universal Taxicab App ("DC TaxiApp"); and(b) Be able to timely receive and accept all requests for service.1612.2 Each taxicab owner shall ensure that all of its vehicles are equipped, if necessary, to allow its associated taxicab operators to comply with the provisions of § 1612.1. A violation of this subsection shall subject the owner to a civil fine of fifty dollars ($50) per vehicle.
1612.3 For purposes of this section and § 1613, the term "app" and "application" shall mean a piece of software designed to fulfill a particular purpose, which is downloadable by a user to a mobile device, such as a tablet or smartphone. Unless otherwise stated, an app's purpose is the digital dispatch, or the digital dispatch and digital payment, of trips by vehicles-for-hire.
1612.4 Nothing in this title shall be construed to prevent any person from using an app provided by a registered digital dispatch service other than the Co-op.
1612.5 The Commission shall enact no rule or regulation setting the rates and charges, if any, for trips booked through the DC TaxiApp. Such rates and charges shall be determined by the Co-op, as provided in § 1613.
1612.6 Any person developing an app ("app developer") for taxicab service may engage in live field testing in the District provided the app developer meets the following requirements.
(a) Prior to commencing live field testing in the District:(1) The app developer shall submit an application using a form made available by the Office, executed under oath, consisting of the following information and documentation: (A) The app developer is licensed to do business in the District; (B) The app developer maintains a registered agent in the District; (C) The rates and charges to be used during the testing; (D) The app developer is, or prior to commencing testing will be, in compliance with the provisions of paragraph (b) of this subsection; (E) An initial inventory of all owners, operators, and vehicles that would participate in the testing; (F) Such other information and documentation which the Office determines to be necessary and appropriate;(G) A bond of fifty thousand dollars ($50,000) effective during the period of testing and twelve (12) months thereafter, to cover claims by the Office for documented violations of this section; and(H) Be accompanied by an application fee of two thousand five hundred dollars ($2,500).(2) The Office shall review the application within ten (10) days, and issue a decision in writing. If the decision grants the application, it may include terms and conditions for the live field testing relating to safety, consumer protection, the passenger surcharge, or any other provision of this title or other applicable law. The testing period shall not exceed one hundred twenty (120) days but may be extended by the Office pursuant to the same requirements for a new application under this subsection. The app developer shall not conduct live field testing if the Office does not grant the application. (b) Following the Office's approval, the app developer shall:(1) Use only: (A) The DCTC-licensed vehicles listed on the inventory required by § 1612.6(b)(7);(B) The DCTC-licensed taxicab owners and operators listed on the inventory required by § 1612.6(b)(7), who volunteer to participate; and(C) Passengers who volunteer to participate in the testing, who are informed of the rates and charges used by the app, and are provided with an estimated fare;(2) Not interfere with the collection or payment to the District of the passenger surcharge;(3) Comply with §§ 1604.3, 1604.5, 1604.6, 1604.8, 1604.11, 1604.12, 1604.14, and 1605.9 (as promulgated on an emergency basis in the Notice of Emergency and Proposed Rulemaking approved on March 11, 2015, or in the corresponding provisions of any final rulemaking), to the same extent as if the app developer were a digital dispatch service;(4) Provide passengers with contact information for the Office and for the app developer;(5) Promptly inform the Office of a security breach requiring a report under the Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237, D.C. Official Code §§ 28-3851, et seq.), or other applicable law;(6) Be subject to the provisions of Chapter 7, and shall cooperate with the Office to promptly resolve an issue relating to the testing, such as interference with a person's ability to comply with a provision of this title or other applicable law, or a passenger's complaint about the app; (7) Maintain with the Office a current and accurate inventory of all owners, operators, and vehicles participating in the testing; (8) Maintain its business records for two (2) years following the conclusion of the testing, which shall be subject to inspection by the Office; (9) Comply with all applicable provisions of this title for enforcement and compliance to the same extent as if the app developer were a taxicab company or association;(10) File a public complaint with the Office against any person who engages in conduct which constitutes a clear threat to public safety or consumer protection, or which constitutes grounds for immediate suspension of a vehicle operator's license under § 706; and (11) Promptly reimburse any participant in the testing for a documented loss resulting from the testing, such as a miscalculation of a fare. 1612.7 The Office, by written notice upon the app developer, may suspend or revoke its approval for live field testing where the testing:
(a) Is conducted in violation of § 1612.6 (including violation of any terms or conditions stated in the Office's approval under § 1612.6(a)(2));(b) Threatens safety, consumer protection, or the payment to the District of the passenger surcharge; or (c) Interferes with the Office's ability to enforce any provision of this title or other applicable law. 1612.8 An app which is the subject of approved live field testing shall not be launched in the District unless and until it is provided by a digital dispatch service registered as required by this chapter and other applicable law.
1612.9 No person shall conduct or participate in live field testing of an app for the dispatch of taxicabs in the District except as provided in this section. An entity which conducts or participates in live field testing in violation of this section shall be subject to a civil fine not to exceed one thousand dollars ($1,000) per day based on the circumstances. An operator who knowingly participates in live field testing that violates this section shall be subject to a civil fine of twenty five dollars ($25) for each trip booked through the app.
1612.10 Each taxicab company required by D.C. Official Code § 50-329.02 to provide dispatch services shall participate in live field testing of the DC TaxiApp as directed by the Office.
D.C. Mun. Regs. tit. 31, r. 31-1612
Final Rulemaking published at 62 DCR 147 (January 2, 2015); amended by Final Rulemaking published at 63 DCR 3752 (3/11/2016); amended by Final Rulemaking published at 64 DCR 7895 (8/11/2017)