1404.1 Each violation of this chapter by a black car owner or operator shall subject the owner or operator to:

(a) A civil fine established by a provision of this chapter;

(b) Enforcement action other than a civil fine, as provided in Chapter 7. In the case of an operator suspended pursuant to Chapter 7, in addition to any conditions available under Chapter 7, one or more of the following conditions may be imposed, at the expense of the operator, where the Office determines the condition is related to the violation, including, but not limited to:

(1) Completion of an anger management course, cultural sensitivity course, sexual harassment course, driver education, or another subject related to the misconduct; or

(2) Re-taking of the DCTC operator's training course;

(c) Impoundment of the vehicle pursuant to the Impoundment Act; or

(d) A combination of the sanctions enumerated in parts (a)-(c).

1404.2 Except where otherwise specified in this title, the following civil fines are established for violations of this chapter, which shall double for the second violation of the same provision, and triple for the third and subsequent violations of the same provision thereafter:

(a) A civil fine of two hundred fifty ($250) dollars where no civil fine is enumerated;

(b) For a violation of § 1402.3 for failure to cooperate: a civil fine of five hundred dollars ($500);

(c) For a violation of § 1402.4 for failure to comply with documentation requirements: a civil fine of three hundred dollars ($300);

(d) For a violation § 1402.6(g) by accepting an unlawful gratuity: a civil fine equal to ten (10) times the amount of the unlawful gratuity, or three hundred dollars ($300), whichever is greater;

(e) For a violation of § 1402.10 (g) by violating § 818 (Prohibition of discrimination) or § 1402.10 (h) by violating § 819.1-819.5 (Consumer

service and passenger relations): a civil fine of seven hundred fifty dollars ($750).

(f) For a violation of § 1403.3 by soliciting or accepting a street hail: a civil fine of seven hundred fifty dollars ($750);

(g) For a violation of § 1403.3 by engaging in false dispatch: a civil fine of one thousand dollars ($1,000);

(h) For a violation of § 1403.6 by engaging in conduct which causes a passenger surcharge to not be collected from the passenger, except where permitted by § 1403.6, or which causes a passenger surcharge to not be paid to the District: a civil fine of five hundred dollar ($500).

1404.3 An operator charged with a violation of § 1403.3 for false dispatch may, without notice, be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, as determined by the trier of fact based on the evidence presented, but shall not be held liable for both violations.

1404.4 Penalties for the violation of a provision of this chapter by a DDS shall be in accordance with the penalty provisions of Chapter 16.

1404.5 The enforcement of this chapter shall be governed by the procedures of Chapter 7.

SOURCE: Final Rulemaking published at 60 DCR 12410 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 140 (January 2, 2015); as amended by Final Rulemaking published at 63 DCR 338 (January 8, 2016).