D.C. Mun. Regs. tit. 31, r. 31-900

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 31-900 - APPLICATION AND SCOPE
900.1

The insurance requirements of this chapter shall apply as follows:

(a) This chapter shall apply to each taxicab owner or operator and to each owner or operator of a public vehicle for hire, except for Washington Metropolitan Area Transit Authority vehicles; and
(b) It shall be unlawful to operate a taxicab or public vehicle for hire in the District of Columbia unless and until there shall have been filed with and accepted by the Office of Taxicabs (Office) evidence that the vehicle is covered by the following:
(1) A surety bond;
(2) Liability insurance in a surety or insurance company authorized to do business in the District of Columbia; or
(3) A sinking fund created and maintained pursuant to the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§50-314 (2009 Repl.), conditioned for the payment to any person of any legal obligation of, or judgment recovered against, any owner of the vehicle, for death or for injury to any person or damages to any property, or both, arising out of the ownership, maintenance, or use of the vehicle by any person for any purpose within the United States.
900.2

Each insurance policy or bond shall provide minimum coverage by a surety or insurer for the payment of any judgment recovered against the owner of any vehicle, the minimum coverage on any one (1) judgment to be ten thousand dollars ($10,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, and on all judgments recovered upon claims arising out of the same subject of action the minimum coverage shall be twenty thousand dollars ($20,000) for bodily injury or death and five thousand dollars ($5,000) for damage to property, to be apportioned rateably among the respective creditors according to the owner's legal obligations to them.

900.3

Each insurance policy form shall be approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office.

900.4

Each bond shall be in a form approved by the Commissioner of the Department of Insurance, Securities and Banking and by the Office and shall contain a description of each vehicle covered by the bond, including the name of the vehicle's manufacturer and the vehicle identification number.

900.5

Each insurance policy or bond shall have attached to it an endorsement prescribed by the Office.

900.6

If an owner elects to take out a blanket insurance policy or a blanket bond, or to create and maintain a sinking fund, the owner shall first satisfy the Commissioner of the Department of Insurance, Securities and Banking that he or she is in possession of, and will continue to be in possession of, financial ability to pay judgments obtained against him or her.

900.7

Each owner creating and maintaining a sinking fund shall file with the Commissioner of the Department of Insurance, Securities and Banking a certificate of sinking fund coverage containing a description of each vehicle covered by the sinking fund, including the name of the vehicle's manufacturer and the vehicle identification number, on a form provided by the Commissioner of Insurance, Securities, and Banking. All changes shall be in writing and filed promptly with the Commissioner of the Department of Insurance, Securities and Banking.

900.8

An owner who has elected to create and maintain a sinking fund may not terminate the fund except by written application to, and written approval of, the Commissioner of the Department of Insurance, Securities and Banking.

900.9

Compliance with Subsections 900.6 -900.8 of this chapter shall be evidenced in one (1) of the following manners:

(a) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, for each vehicle, a certificate of insurance in the form prescribed by the Commissioner of the Department of Insurance, Securities and Banking;
(b) By depositing with the Commissioner of the Department of Insurance, Securities and Banking, a bond issued by the Commissioner of the Department of Insurance, Securities and Banking; or
(c) By depositing with the D.C. Treasurer (who shall serve as trustee) cash or securities of the United States Government as a sinking fund.
900.10

The trustee of a sinking fund shall not be obligated to pay interest upon funds deposited with him or her.

900.11

Failure of a taxicab operator or operator of a passenger vehicle for hire to have current insurance is an offense subject to a civil fine as set forth in Chapter 20 and impoundment of the taxicab vehicle pursuant to the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992, effective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50 -331 (2014 Repl. & 2015 Supp.)).

900.12

Each operator of a public vehicle- for- hire shall carry a hard copy, or electronic or digitally-produced insurance identification card or insurance policy, displaying proof of current insurance, in his or her name, in each vehicle he or she operates that is licensed under the provisions of D.C. Official Code § 50-314 (2016 Supp.) at all times. The Department may issue an administrative issuance approving the forms of digital and electronic information acceptable as proof of insurance under this subsection. Failure to have current proof of insurance in his or her possession is a violation of this section subject to the penalties provided in § 907.

900.13

No certificate of insurance or surety bond shall be accepted from an insurance company or corporate surety unless there is on file with the Office a valid and true copy of a certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.

900.14

No insurance identification cards shall be issued by an insurance company or corporate surety unless there is on file with the Office a true copy of the certificate of approval issued by the Commissioner of the Department of Insurance, Securities and Banking.

D.C. Mun. Regs. tit. 31, r. 31-900

14 DCRR §§410.1 through 410.5, and 420.1 through 420.5, Special Edition (January 10, 1975); as amended by Final Rulemaking published at 45 DCR 2354 (April 17, 1998); as amended by Notice of Final Rulemaking published at 58 DCR 9847 (November 18, 2011); amended by Final Rulemaking published at 63 DCR 7668 (5/20/2016); amended by Final Rulemaking published at 64 DCR 782 (1/27/2017)
Notice of Final Rulemaking published at 58 DCR 9847 (November 18, 2011) replaces the previous chapter 9 (Taxicab Insurance) by renaming it SInsurance Requirements. Additionally, section 900 (Insurance Requirements) was renamed "Application and Scope of Insurance Requirements."
Authority: The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth D.C. Official Code § 47-2829(b), (d), (e-1) and (i) (2005 Repl. & 2011 Supp.); sections (8) (b) (1) (C), (D), (E), (F), (G), (I). (J), 13, 14, 15, 16, and 20 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §50-307(b)(1)(C), (D), (E), (F), (G), (I), (J), 50-312, 50-314 , 50-315, and 50-319 (2009) and D.C. Official Code §50-313 (2009 Repl. & 2011 Supp.)).