D.C. Mun. Regs. tit. 31, r. 31-2000

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 31-2000 - FINES AND CIVIL PENALTIES
2000.1

The schedules of fines established in this section shall apply to all violations of Title 31. For violations of any provision of Title 31 for which a civil fine is not specified, the fine shall be $25 for operators and $100 for entities.

2000.2

All fines enumerated in § 2000.8 shall be doubled for the second violation, and tripled for the third and any subsequent violation within any twenty four (24) month period. All fines in § 2000.8 are maximum amounts to be assessed based upon the circumstances.

2000.3

A District enforcement official shall have discretion to issue a warning in lieu of a fine for any first violation in Schedule 4.

2000.4

The Office shall have discretion to offer an operator the operator's choice of a notice of proposed suspension of the operator's license in lieu of a scheduled fine for any infraction enumerated in Schedule 4, as follows:

(a) Where the fine exceeds two hundred fifty dollars ($250): a proposed suspension of the operator's license for seven (7) days; and
(b) Where the fine is two hundred fifty dollars ($250) or less: a proposed suspension of the operator's license for two (2) days.
2000.5

The Office may through an administrative issuance establish procedures regarding offers of proposed suspensions under § 2000.4, including, but not limited to, the time within which an operator must respond to an offer of a proposed suspension in lieu of a fine.

2000.6

An operator shall not waive any appeal rights under this title or under the APA by accepting an offer of a proposed suspension in lieu of a fine under § 2000.4.

2000.7

Manifest violations under § 823 including: failure to have in an approved form; failure to have possession of a manifest; failure to properly complete and maintain a manifest; and failure to provide a manifest to District enforcement official, are subject to a letter of reprimand for the first infraction in a twenty-four (24)-month period.

2000.8

The schedules of fines for civil infractions under Title 31 are established as follows:

Schedule 1

Fines For Entities

Maximum Fines Based On Circumstances

Digital Dispatch Services

* Failure to transmit one percent (1%) of gross receipts to OCFO (§ 1604.7)

* Failure to provide required certification (§ 1605.4(e))

$25,000 per day

Taximeter Businesses

* Fraud by taximeter business (§ 1313)

* Bribery by taximeter business (§ 1317.1)

* Acceptance of bribe by taximeter business (§ 1317.3)

$25,000

Dome Light Installation Businesses

* Fraud (§ 1513)

* Unlawful Activities (§ 1514)

* Bribery of Commission (§ 1517.1)

* Acceptance of bribe (§ 1517.3)

$25,000 and business license revocation

Dome Light Installation Businesses

* Threats, harassment, and abuse (§ 1518)

$10,000 and business license revocation

Dome Light Installation Businesses

* Failure to report (§ 1517.2)

* Failure to notify Commission (§ 1517.4)

$10,000

Dome Light Installation Businesses

* Failure to notify Commission (§ 1507.1)

* Unauthorized work (§ 1525)

$5,000

Private Sedan Businesses

* Failure to maintain adequate insurance coverage (§ 1905)

$25,000 per day

Taximeter Businesses

* Failure to report to Commission acceptance of unauthorized gratuity or bribe (§ 1317.2)

$10,000

Taximeter Businesses

* Allowing the registration of an operator where the private sedan business knew or should have known the operator was ineligible for registration (§ 1903.16)

* Failure to conduct background check (§ 1903.16)

$7,500

Taximeter Businesses

* Failure by taximeter business to notify Commission of change in ownership (§ 1307.1)

$5,000

Private Sedan Businesses

Failure of a private sedan business to:

* Maintain a required zero tolerance policy (§§ 1903.9, 1903.11)

* Investigate an alleged violation of these rules by a passenger (§ 1903.10)

* Suspend an operator when required to do so under applicable law or regulation (§ 1903.10)

* Maintain adequate business records (§ 1903.15)

* Maintain a current and accurate registration of operators and vehicles associated with the business (§ 1903.15)

* Prevent a private sedan operator from logging into the app of the private sedan business's associate or affiliated digital dispatch service while the operator is suspended or after s/he has been terminated (§ 1906.4)

* Notify the Office upon suspension or termination of an operator (§ 1903.20)

* Providing service while under the influence of intoxicants (§ 1906.5)

* Maintain 24/7/365 communication for enforcement and compliance purposes (§ 1903.21)

* Conduct an appropriate motor vehicle safety inspection or failure to verify that such an inspection has been completed (§ 1903.4)

$3,000

Schedule 2

Fines For Entities And Owners

Maximum Fines Based On Circumstances

Fraudulent Actions

Company allowing or inducing an individual to deface, alter, or remove a document posted pursuant to (§ 714.3)

$2,500

Payment Service Providers (Chapter 4)

Failure to do any of the following:

* Submit electronic trip data to the TCIS every twenty-four (24) hours;

* Verify operator credentials through a required login process;

* Submit updated vehicle and operator inventories to the TCIS every twenty-four (24) hours;

* Pay each taxicab company or independent owner with which it is associated the portion of such PSP's revenue to which the taxicab company or independent owner is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received by the PSP;

* Ensure that the passenger surcharge is collected and paid to the District for each trip;

* Maintain integration

$1,000 Per occurrence; Per day for failure to maintain integration

Taximeter Business Violations

* Unauthorized work (§ 1322)

$5,000

Taximeter Business Violations

* Failure to notify Commission of conviction or license suspension/revocation (§§ 1315, 1316)

* Failure to notify Commission of occurrences specified in §§ 1322, 1324

* Defective certification/inspection/repair work (§§ 1322, 1324)

* Inspection without certification or inspection (§ 1324)

$1,000

Digital Dispatch Services

* Failure to ensure private sedan operator who is suspended or terminated is unable to log into app (§ 1604.8)

* Failure to provide required certification (§ 1605.4)

$2,500 per day

Dome Light Installation Businesses

* Failure to notify (§§ 1515, 1516, 1522)

* Installation without inspection (§ 1524)

* Defective certification/inspection (§ 1526)

* Requiring repair work (§ 1527)

$1,000

Any violation of Chapter 16 not specifically enumerated

$1,000

Dome Light Installation Businesses

* Change in fee schedule without notification (§ 1509)

* Installation, adjustment, correction or repair of dome light outside of premises of licensed dome light installation business (§ 1510.3)

* Failure to cooperate with Commission (§ 1519)

* Work by Non-Certified Technician (§ 1520)

* Sale of unapproved dome light for installation on a taxicab licensed by DCTC (§ 1529)

$500

Dome Light Installation Businesses

* Failure to pay biannual license fee

$500 and suspension after 30 days overdue

False Dispatch (§ 1404.2)

$500

Unauthorized or unlicensed provision of L-class service (Chapter 12)

$500

Violations not otherwise specified by LCS Organizations (Chapter 12)

$500

DTS Providers

$2,500

Prohibited discrimination in violation of § 818

Schedule 3

Fines For Entities, Owners, and Operators

Maximum Fines Based On Circumstances

Fraudulent and unlawful actions

* Falsifying or tampering with manifest (§823)

* Displaying, possessing, or presenting a fraudulent copy oraltered government issued operator identification (Face) card or vehicle inspection (DFHV) card (§ 814.7)

* Tampering with meter or meter seals (§ 1323)

* Improper conduct and/or unlawful actions (§816)

* Knowingly operating with non- functioning meter or operating without ameter

$500

License, Registration, and Insurance

* Unlicensed District resident or non-resident operator (§ 828)

* Operating without a valid Face card or permitting operation without possession of a valid Face card (§ 814)

* Logging into a private vehicle for hire app if known that the app is not lawfully in operation (§ 1906.4)

* Operating without insurance (§ 1905)

* Fail to timely renew license (LCS vehicle owner) (§ 1202.9)

* Providing black car service without license (§ 1401.2)

$500

Operating without a special event vehicle for hire permit (§ 1016)

$500

Taximeter Business (Chapter 13)

* Installation, adjustment, correction, calibration, or repair of taximeter outside of premises of licensed taximeter business

* Change in fee schedule without notification

* Failure to pay biannual license fee

* Unlicensed business activity

* Failure to cooperate with Commission

* Work by non-certified technician

$500

Failure to comply with compliance order (§ 702)

$500

Violations of Chapter 18 by entities or owners (wheelchair accessible paratransit taxicab service)

$500

Failure to timely renew vehicle license (§ 501)

$500

Failure to report an accident to insurance company within a timely manner or to the Office of Taxicabs within 3 business days (§ 906)

$500

* Use, threaten, or attempt physical force (§§ 817.1 and 1906.2)

* Threatening, harassing, or engaging in abusive conduct toward a District enforcement official (§ 817)

* to haul/discrimination (§§ 818, 819.4)

* Private vehicle-for-hire operator using taxicab stand (§ 1906.6)

* Accepting a street hail (§ 1906.7)

$500

Operating with off size wheels or tires (Chapter 6)

$500

Operating without meter or with nonfunctional meter (§ 602)

$500

Transport DC violations by companies not otherwise specified (§ 1808.2)

$500

Failure to decommission public vehicle-for-hire when operating under exclusive time contract (§ 800)

$500

Digital Dispatch Service Violations not specified by Chapter 16 (§ 1607)

$500

* Unlawful discrimination by black car operator (§ 1404)

* Conduct preventing surcharge from being collected (§ 1404)

$500

Exclusion by a keeper or proprietor of a licensed hotel of District-license taxicab operator from picking a passenger at a taxicab stand or other location where taxicabs are regularly allowed; exclusion of DCTC licensed taxicab by proprietor, owner, or agent (§ 821)

$300

Dome Light Installation Businesses

* Unlicensed business activity (§ 1501)

* Failure to comply with signage requirements (§ 1512)

* Overcharge (§ 1528)

$250

Black Car Violations (§ 1402)

* Failure to cooperate with Commission

* Failure to comply with documentation requirements

* Unlawful gratuity

$100

Schedule 4

Fines for Owners and Operators

Maximum Fines Based On Circumstances

Violations of Chapter 18 by operators (wheelchair accessible paratransit taxicab service)

$250

Smoking while transporting passengers (§ 807.1)

$250

Failure to render service to a Transport DC passenger (§ 1806.18)

$250

Failure by a private sedan operator to:

* Display trade address while providing service (§ 610.1)

* Maintain proof of insurance (§ 1904.1)

* Notify the Office within 3 business days where there has been an accident accompanied by the loss of human life or by serious personal injury (§ 1904.1)

* Charge an unlawful fare or require an unlawful gratuity (§ 1604.4)

$250

Violations of Chapter 6 (Taxicab Parts and Equipment)

$250

Taximeter business violations (Chapter 13)

* Failure to comply with signage requirements

* Overcharge

* Failure to keep appropriate records

$250 for first two violations; $100 for recordkeeping violations

Defective speedometer/odometer or operating without a meter (§§ 601.7 & 608)

$250

Operating with an expired inspection sticker (Chapter 6)

$150

Cruising Lights (Chapter 8)

* Failure to have

* Broken

* Failure to use properly

$150 for failure to have $50 for failure to use properly or broken

Improperly operating heating or A/C system (§ 601 )

$125

Transport D.C. (CAPS-DC)

Any violation of Chapter 18

$100

Service Animal violations (§ 801.10)

$100

Failure to:

* Display current inspection sticker or operate with valid sticker (Chapter 6)

* Display face card (§ 814)

* Report and deliver property left in vehicle to the Office of Taxicabs (§ 602)

* Operate safe vehicle (§ 608)

* Pick up or drop off at designated taxi or discharge stand (shared riding) (§§ 808.2 and 803.3)

* Maintain correct/current information (§ 822.1 )

* Report accident to insurance carrier within specified time (§ 906)

* Provide proof of insurance (§ 900.12)

$100

Improper Use of "On Call" or "Off Duty" Signs (§ 820)

$100

Asking for destination (§ 819.9)

$100

* Failure to report for inspection (Chapter 8)

* Failure to replace lost/mutilated sticker

* Failure to display current sticker

$75

Failure to Obey Compliance Order (§ 702)

$50

Illegal Shared Ride (§ 808)

$50

Loitering/Limousine parked on hack stand (§ 821 )

$50

D.C. Mun. Regs. tit. 31, r. 31-2000

Final Rulemaking published at 63 DCR 7668 (5/20/2016); amended by Final Rulemaking published at 64 DCR 1870 (2/23/2018); amended by Final Rulemaking published at 65 DCR 12624 (11/16/2018)