1806.1 Each company that has been approved by the Office to participate in CAPS-DC shall have current operating authority under Chapter 5 of this title, be in good standing with the Office, including no pending enforcement actions, and be in compliance with all other applicable provisions of this title and other applicable laws.
1806.2 Each approved company shall maintain appropriate business records of its compliance with the provisions of this chapter and participation in CAPS-DC, shall retain such records according to industry best practices for not less than five (5) years.
1806.3Each approved company shall acquire and operate wheelchair accessible vehicles for use in the CAPS-DC program as follows:
(a) Each approved company shall acquire one or more WMATA vans consistent with the approval under § 1804; all applicable District, WMATA, and Federal laws and regulations; and any applicable issuances, instructions, or guidance issued by the Office; and thereafter, shall operate such WMATA vans in the CAPS-DC program in the manner required by this chapter; and (b) In lieu of acquiring and operating a WMATA van as required by paragraph (a), an approved company may instead purchase and operate a new, best-available fuel, wheelchair accessible vehicle, which complies with § 1806.5(b). 1806.4The Office shall make a grant to each approved company for the acquisition of one or more WMATA vans pursuant to § 1806.3, not to exceed four thousand eight hundred dollars ($4,800) for each WMATA. Each grant shall be made pursuant to all applicable laws, regulations, and guidelines. The company shall dispose of each WMATA van in the manner required by law and by the conditions of the grant. Failure to comply with the requirements of this subsection may result in the suspension or revocation of a company's CAPS-DC approval, and the company may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.
1806.5 Companies participating in CAPS-DC shall comply with the following provisions concerning vehicles: (a) Each company shall add a vehicle to its fleet which complies with paragraph(b)eachtimethecompanycompletesthreethousand(3,000) Transport DC trips, or such greater number of trips as may be established in an administrative issuance.(b) Each vehicle added pursuant to part (a) shall be a new wheelchair accessible vehicle which has a side or rear entry and a ramp which meets ADA requirements, and has one of the following sources of propulsion: (1) Compressed natural gas (CNG);(2) Gasoline-electric hybrid;(3) Diesel or bio-diesel;(c) A WMATA van shall not be replaced until on or after October 1, 2015., At the time a WMATA van is eligible to be replaced, it shall be replaced consistent with any additional terms and conditions imposed by the Commission based on total participation in the pilot program during Fiscal Year 2015, on District-wide demand for wheelchair service, on the need for wheelchair accessible vehicles in future programs targeted to serve underserved areas of the District, and on other lawful and appropriate considerations under the Act. A WMATA van eligible for transfer from a company to a third party shall be transferred only in compliance with all terms and conditions of the grant provided by the Office for its acquisition.(d) A company that fails to comply with the requirements of paragraphs (a)-(c) shall be subject to suspension or revocation of its CAPS-DC approval, and may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.1806.6 Prior to providing wheelchair service, each taxicab operator shall:
(a) Have completed wheelchair service training approved by the Office, including either: (1) Current training offered by an approved company pursuant to § 1806.7 which teaches a curriculum developed by the Office, including interfacing with persons with disabilities, operating mobility equipment, passenger assistance techniques, and operating wheelchair accessible vehicles;(2) Prior training offered in connection with rollDC; or(3) A combination of subparagraphs (1) and (2) as determined by the Office to be sufficient to meet the needs of CAPS-DC;(b) Pass a written examination, administered by the Office, establishing the operator's competency to provide wheelchair service consistent with the Office's curriculum; and(c) Be issued an Accessible Vehicle Identification ("AVID") operator's license by the Office.1806.7 Each company shall offer wheelchair service training to its associated operators to allow them to obtain AVID licenses consistent with the provisions of § 1806.6, and shall provide reasonable incentives to operators to obtain such training.
1806.8 Each company shall maintain with the Department a current and accurate inventory of all active operators and vehicles approved for and providing Transport DC service, including all vehicles associated with the company pursuant to a dispatch agreement under §§ 1010.17, or 1010. 20 updated in such manner and at such times as determined by the Department, with the following information:
(a) For each operator: name, cellular telephone number, DFHV operator's license number, and an indication of whether the operator has completed the wheelchair service training pursuant to § 1806.6, and, if so, the date of completion; and(b) For each vehicle: year, make, model, color, PVIN, tag number, and an indication of whether the vehicle is wheelchair accessible.1806.9Each company, including a company participating in CAPS-DC pursuant to a dispatch agreement under § 1010.17, shall ensure that:
(a) Each operator: (1) Possesses a current and valid DCTC operator's license; and(2) If the operator is operating a wheelchair accessible vehicle, has a wheelchair service certification, as required by § 1806.6, and has been issued an AVID operator's license.(b) Each vehicle: (1) Is in compliance with all applicable provisions of this title, including: vehicle licensing requirements; uniform color scheme requirements; and equipment requirements such as a modern taximeter system (MTS) unit until December 31, 2017, or a digital taxicab solution (DTS) unit, and a legacy dome light or cruising light, as required for all taxicabs by § 602;(2) If it is a wheelchair accessible vehicle, is operated only by an operator trained to provide wheelchair service, as required by this chapter;(3) If it is a wheelchair accessible vehicle, other than a WMATA van or a wheelchair accessible vehicle that was associated with the company prior to its approval to participate in Transport DC: meets all applicable provisions of this chapter for use in Transport DC; and(4) Has an MTS or DTS unit which has been configured to report Transport DC trip data in the format directed by the Department, allowing the Department to identify Transport DC trips and such other information related to Transport DC as may reasonably be required by an administrative issuance.1806.10The rates and charges, and acceptable forms of payment, for each Transport DC trip shall be in accordance with the following requirements:
(a) The fare for a Transport DC trip shall be a flat rate established by an agreement between the Department and the taxicab company participating in Transport DC that provides the trip; provided, that the flat rate established in the agreement shall not exceed thirty-eight dollars ($38);(b) The fare for a Transport DC trip shall be paid as follows:(1) Seven dollars ($7.00) of the Transport DC fare shall be paid by the passenger by any means allowed by Chapter 8, including a payment card or cash; and(2) The remaining fare shall be paid by the District;(c) The passenger may choose to add a gratuity to the fare, which shall be paid by the passenger. The gratuity may be paid by any means allowed by Chapter 8, including a payment card or cash; and(d) No passenger surcharge shall be collected from a passenger for a Transport DC trip.1806.11Each company shall make CAPS-DC service available through a telephone dispatch service to any CAPS-DC participant who requests service. Each company may also make CAPS-DC service available through a single digital dispatch service. All dispatch services shall be provided in accordance with the provisions of Chapter 16.
1806.12Each company shall accept each booking for a CAPS-DC trip anywhere within the District which is made at least one (1) hour prior to service.
1806.13Each company participating in CAPS-DC shall provide service using the wheelchair accessible vehicles in accordance with the following requirements:
(a) Each wheelchair accessible vehicle shall be used to provide service in the following descending order of priority to the extent permitted by all applicable laws: (1) A CAPS-DC passenger, for which the fare shall be consistent with § 1806.10; (2) Any passenger requesting a wheelchair accessible vehicle, for which the fare shall be consistent with the provisions of Chapter 8; and(3) Any other passenger, for which the fare shall be consistent with the provisions of Chapter 8.1806.14 Each company shall ensure that wheelchair service is available at all times when CAPS-DC service or booking is required to be available under this chapter.
1806.15 Each CAPS-DC trip shall be between a MetroAccess approved location or facility in the District and another location in the District, or vice-versa.
1806.16Each company shall require each operator to verify that the photograph and information on the passenger's MetroAccess Card matches the information on the CAPS-DC debit card prior to the start of a CAPS-DC trip.
1806.17 Each company shall provide invoices and reports of its CAPS-DC trips and its compliance with this chapter at such times and in such forms as directed in an applicable issuance, instruction, or guidance issued by the Office.
1806.18Where a vehicle dispatched to pick up a CAPS-DC passenger is unable to render service for any reason, including the passenger's inability to pay or equipment (vehicle or MTS unit) malfunction, the following provisions shall apply:
(a) The operator shall immediately notify the passenger and the company of the circumstances;(b) If the passenger is unable to pay, the operator shall provide service and the company shall promptly notify the Office and make appropriate arrangements for payment; and(c) If there has been an equipment malfunction, the company shall immediately dispatch another vehicle to that location. The passenger may choose to wait inside the first vehicle until the second vehicle arrives, at no charge to the passenger. The operator shall comply with the requirements in Chapter 6 concerning equipment malfunctions.1806.19Notwithstanding any applicable administrative issuance, instruction, or guidance previously issued by the Office, each WMATA van or wheelchair accessible vehicle acquired or purchased pursuant to this subsection shall be eligible to receive a new "H-tag" pursuant to all applicable rules and regulations of DMV.
1806.20In addition to vehicles acquired pursuant to §§ 1806.3(a) and (b), a company shall dispatch any vehicle associated with the company pursuant to a dispatch agreement under § 1010.17.
D.C. Mun. Regs. tit. 31, r. 31-1806
Amended by Final Rulemaking published at 62 DCR 2561 (2/27/2015); amended by Final Rulemaking published at 62 DCR 9267 (7/3/2015); amended by Final Rulemaking published at 63 DCR 2247 (2/26/2016); amended by Final Rulemaking published at 63 DCR 7668 (5/20/2016); amended by Final Rulemaking published at 63 DCR 10474 (8/12/2016); amended by Final Rulemaking published at 64 DCR 2254 (2/24/2017); amended by Final Rulemaking published at 64 DCR 1870 (2/23/2018); amended by Final Rulemaking published at 65 DCR 12624 (11/16/2018); amended by Final Rulemaking published at 68 DCR 727 (1/28/2022)