1010 ISSUANCE OF DCTC VEHICLE LICENSES

1010.1 Nothing in this chapter shall be construed as creating a right of action against the District of Columbia based on the loss or diminution in value of, or in the loss of transferability of, any legal right or property interest which was due, in whole or in part, to action or inaction by any person in violation of the provisions of this title or other applicable law, including any person not subject to the jurisdiction of the District or the Office.

1010.2 Nothing in this chapter shall be construed to alter the legal rights or obligations of any person under any provision of the D.C. Municipal Regulations other than the rules and regulations of the Commission in this title.

1010.3 Each owner of a public vehicle-for-hire prior to operating in the District shall obtain a DCTC vehicle license from the Office, except as provided in § 1010.4.

1010.4 A DCTC vehicle license is not required for the following vehicles:

(a) Sightseeing vehicles owned by a school, school board, or similar body;

(b) Sightseeing vehicles transporting passengers to the District from a point outside the District, if the total operation of the vehicle does not exceed fifteen (15) days during any license year (April 1st through March 31st); and

(c) Sightseeing vehicle registered elsewhere than in the District which does not operate for more than fifteen (15) days during any license year (April 1st through March 31st).

1010.5 The owner of the vehicle (“applicant”) shall file an application for a license with the Office, which shall determine whether or not the vehicle shall be registered in the District, as required by all applicable provisions of this title, DMV regulations and other applicable laws. The Office’s determination shall be noted upon the application.

1010.6 An applicant shall be eligible for a DCTC transferable taxicab vehicle license only if the applicant meets the requirements of §§ 1010.7 and 1010.8. A DCTC transferable taxicab vehicle license shall not guarantee its holder’s privilege to be issued DMV vehicle registration or tags where the issuance of registration or tags would be inconsistent with DMV rules or regulations or other applicable laws. Any DCTC vehicle license which is not a DCTC transferable vehicle license may not be sold, devised, gifted, or otherwise transferred by its holder to any other person.

1010.7 An applicant for a DCTC transferable taxicab vehicle license shall:

(a) Be a person which:

(1) Possesses a current DCTC vehicle license for a taxicab in active service; or

(2) Is a taxicab company participating the Coordinated Alternative Paratransit (CAPS-DC) Pilot Program for a new vehicle which it is required to purchase as a condition of participation in the program, as provided in § 1806.19; and

(b) Demonstrates to the satisfaction of the Office that it is ready and able to comply with the applicable provisions of § 1010.8.

1010.8 A DCTC transferable taxicab vehicle license shall be used only as follows:

(a) At all times by each holder of the license: for a vehicle which, at the time it is first placed into service by its original owner, uses the best available propulsion and is wheelchair accessible, pursuant to § 609;

(b) By the person to whom the license is first issued: for a new vehicle;

(c) By a person to whom the license has been transferred with approval of the Office pursuant to § 1010.9:

(1) For a new vehicle; or

(2) For a vehicle already in service, for the duration of its time and mileage prior to retirement under § 609, notwithstanding the limitations of § 609.6;

(d) Is operated by an operator who possesses a DCTC accessible vehicle identification (“AVID”) operator’s license; and

(e) Is operated in compliance with all other applicable provisions of this title and other applicable laws, including all DMV rules and regulations.

1010.9 Each transfer of a DCTC transferable taxicab vehicle license shall be approved by the Office prior to the use of the license as follows:

(a) An applicant shall use a form established by the Office, executed under oath, and accompanied by a description of the terms of the proposed transfer, a proposed purchase and sale agreement or other legal document by

which the ownership of the license may be transferred, such information and documentation as may be required by the Office, and a fee of one hundred dollars ($100);

(b) The applicant shall demonstrate to the satisfaction of the Office that the transfer would not impair the continued transferability or use of the license in the manner required by the applicable provisions of this title; and

(c) The Office shall issue a written decision to approve or deny the application within ten (10) days, and shall explain the reasons for its decision in the event of a denial. A decision to deny the application may be appealed in accordance with Chapter 7.

1010.10 If the Office determines that a vehicle need not be registered in the District, the applicant shall meet the requirements of § 1010.13.

1010.11 Each applicant shall submit the application to the Office of the Chief Financial Officer (“OCFO”) for a determination of applicable taxes. OCFO shall note compliance with any applicable tax requirements upon the application.

1010.12 Each applicant whose vehicle is registered in the District shall present evidence that the vehicle has been inspected by DMV and is in compliance with all other provisions of this title relating to vehicle safety and passenger comfort.

1010.13 Each applicant shall present evidence satisfactory to the Office that the vehicle is insured under the provisions of Chapter 9. The Office shall act as agent for the purpose of enforcing insurance regulations and shall maintain records necessary to perform that function.

1010.14 Each application shall be made on a form provided by the Office, and shall state the owner’s full name, place of residence and business addresses, and any other information and documentation required by the Office.

1010.15 DMV, acting as agent for the Office, shall inspect taxicabs to ensure compliance with the equipment requirements of the Commission’s regulations, including authorized vehicle type, paint color(s), trade name, insignias, rate and passenger rights signs, meter seals, dome lights, upholstery condition, sanitation, and other provisions of this title.

1010.16 The Office shall determine from its own records whether a taxicab owner is in compliance with the color and insignia requirements with respect to company, association, or independent taxicab status.

1010.17 A new DCTC taxicab vehicle license (non-transferable) may be issued to a

taxicab company seeking to comply with the wheelchair accessible vehicle phase-in requirements of § 501.10 (other than a taxicab company approved to participate in CAPS-DC), provided that:

(a) The license is used exclusively for a new wheelchair accessible, best fuel vehicle purchased and immediately placed into active service upon the Office's approval or within sixty (60) days of the Office's approval of a company's modification of its compliance plan submitted under § 501.13 if applicable;

(b) The company executes a written agreement to enter into a dispatch agreement with a taxicab company participating in CAPS-DC, for a minimum period of three (3) years, during which the vehicle shall be in active service and available for dispatch in accordance with all of the applicable operating requirements of § 1806, a copy of which shall be filed with the Office prior to placing the vehicle into service; and

(c) The DCTC taxicab vehicle license shall be subject to suspension or revocation if, at any time and for any reason, the vehicle or the company fails to comply with the provisions of subparagraphs (a) or (b) of this subsection.

1010.18 Each company, taxicab owner, or operator of a vehicle participating in CAPS-DC pursuant to a dispatch agreement under §§ 1010.17 or 1010.19 shall be subject to the prohibitions and penalties of §§ 1807 and 1808.

1010.19 A new DCTC taxicab vehicle license shall be issued to an applicant who possesses a current and valid DCTC taxicab operator's license, provided that:

(a) The license is used exclusively for the purchase and placement into active service of a wheelchair accessible vehicle with the best fuel available;

(b) Notwithstanding the provisions of § 609, the vehicle purchased and placed into active service is not more than two (2) model years old (with reference to the current calendar year), or such earlier model year as the Office may establish in an administrative issuance;

(c) The applicant executes a written dispatch agreement with a taxicab company approved to participate in CAPS-DC for a period of not less than three (3) years, during which time the vehicle shall be in continuous, active service and available for dispatch in accordance with all of the applicable operating requirements of § 1806, a copy of which shall be filed with the Office; and

(d) The license shall be subject to suspension or revocation if, at any time and for any reason, the vehicle or the applicant is not in compliance with a requirement of subparagraphs (a), (b), or (c) of this subsection.

1010.20 The Office shall record and maintain records of assignments made by licensees to whom licenses have been issued under this chapter. Each assignment shall be made in the form prescribed by the Office.

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.501 through 10.507, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Final Rulemaking published by 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 3158, 3166 (April 20, 2012); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 9484 (July 10, 2015); as amended by Final Rulemaking published at 63 DCR 2247 (February 26, 2016); as amended by Final Rulemaking published at 63 DCR 10474 (August 12, 2016).