1402 OPERATING REQUIREMENTS

1402.1 Each black car owner, operator, and vehicle shall, at all times, be in compliance with all applicable provisions of this chapter and Chapter 12.1402.2 Each operator shall associate only with, and use a digital payment system ('DPS') made available by, a DDS which is in compliance with this chapter, Chapter 16, and other applicable laws.1402.3 Each operator and owner shall cooperate with the Office and District enforcement officials, including complying with all compliance orders issued orally and in writing. Failure to timely and fully comply with a compliance order shall subject the operator or owner to the civil penalties provided in Chapter 7.1402.4 Each operator shall at all times carry on his or her person, or have readily available inside the vehicle for production upon demand by a District enforcement official, the following documents:1. (1) The operator's personal driver's license;

2. (2) The vehicle registration;

3. (3) The operator's DCTC operator's license identification card; and

4. (4) An insurance card evidencing a valid and effective commercial insurance policy meeting the requirements of Chapter 9.1402.5 Each black car owner, operator, and vehicle shall at all times be in compliance with the insurance requirements of Chapter 9. Failure to comply with insurance requirements shall subject the violator to the civil penalties in Chapter 9.1402.6 The fare for black car service, if any, shall be:1. (a) Be based on time and distance rates as set by the DDS except for a set fare for a route approved by the Office order for a well-traveled route, including a trip to an airport or to an event;

2. (b) Be consistent with the DDS' statement of its fare calculation method posted on its website pursuant to Chapter 16;

3. (c) Be disclosed to the passenger in a statement of the DDS' fare calculation method;

4. (d) Be used to calculate an estimated fare, if any, and disclosed to the

passenger prior to the acceptance of service;

(e) State whether demand pricing applies and, if so, the effect of such pricing on the estimate;

(f) Not exceed the estimated fare, if any, by more than twenty percent (20%) or twenty five dollars ($25), whichever is less, unless the excess is due to delays or stopovers en route at the request of the passenger, or other factors beyond the operator's control, such as traffic, accidents, or construction;

(g) Not include a gratuity that does not meet the definition of a "gratuity" as defined in this title; and

(h) Include the passenger surcharge.

1402.7 Each charge other than a passenger rate or charge, such as a trip cancellation fee, membership fee, or other similar charge, shall be disclosed to the passenger prior to acceptance of the service.

1402.8 Each black car operator shall provide service only if all the passengers in the vehicle are passengers who have been picked up pursuant to a digital dispatch. No other passenger shall be allowed in the vehicle.

1402.9 Each black car owner shall designate each vehicle as a "smoking" or a "non-smoking" vehicle, and shall maintain the vehicle as follows:

(a) No "smoking" vehicle or vehicle in which smoking has occurred in the prior two (2) years shall be designated or re-designated as a "non-smoking" vehicle.

(b) If a vehicle is designated as a "non-smoking" vehicle, smoking shall not be permitted in the vehicle at any time by any individual, including the operator.

(c) If a vehicle is designated as a "smoking" vehicle:

(1) When the operator is providing service, smoking shall only be permitted with prior consent of all passengers pursuant to the Smoking Restriction Act; and

(2) When the operator is providing service, the operator shall not smoke or handle tobacco products, lighters, or matches.

(d) The designation of a vehicle as “smoking” or “non-smoking” shall be disclosed to the passenger prior to the acceptance of the service.

(e) The Office may require each owner to file the designation of a vehicle under this subsection in a form it deems appropriate, for which it shall not charge the owner an administrative fee.

1402.10 Each operator shall comply with the following operating requirements:

(a) § 807.3 (Distracted Driving Safety Act);

(b) § 807.4 (Use of mobile phone or other electronic device);

(c) § 810.2 (Unauthorized signs);

(d) § 814.7 (Counterfeiting of documents);

(e) §§ 816.1-816.14 (Standards of conduct including reporting of arrest);

(f) § 817.1 (Harassment and use of physical force);

(g) § 818 (Prohibition of discrimination);

(h) § 819.1-819.5 (Consumer service and passenger relations);

(i) § 821.5 (Prohibition of loitering);

(j) § 821.7 (Prohibition on using taxicab stands);

(k) § 823 (Manifest – written or electronic); and

(l) § 828 (Reciprocity with surrounding jurisdictions).

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015).