1806 TAXICAB COMPANIES AND OPERATORS – OPERATING REQUIREMENTS

1806.1 Each company that has been approved by the Office to participate in CAPS-DC shall have current operating authority under Chapter 5 of this title, be in good standing with the Office, including no pending enforcement actions, and be in compliance with all other applicable provisions of this title and other applicable laws.

1806.2 Each approved company shall maintain appropriate business records of its compliance with the provisions of this chapter and participation in CAPS-DC, shall retain such records according to industry best practices for not less than five (5) years.

1806.3 Each approved company shall acquire and operate wheelchair accessible vehicles for use in the CAPS-DC program as follows:

(a) Each approved company shall acquire one or more WMATA vans consistent with the approval under § 1804; all applicable District, WMATA, and Federal laws and regulations; and any applicable issuances, instructions, or guidance issued by the Office; and thereafter, shall operate such WMATA vans in the CAPS-DC program in the manner required by this chapter; and

(b) In lieu of acquiring and operating a WMATA van as required by paragraph (a), an approved company may instead purchase and operate a new, best-available fuel, wheelchair accessible vehicle, which complies with § 1806.5(b).

1806.4 The Office shall make a grant to each approved company for the acquisition of one or more WMATA vans pursuant to § 1806.3, not to exceed four thousand eight hundred dollars ($4,800) for each WMATA. Each grant shall be made pursuant to all applicable laws, regulations, and guidelines. The company shall dispose of each WMATA van in the manner required by law and by the conditions of the grant. Failure to comply with the requirements of this subsection may result in the suspension or revocation of a company's CAPS-DC approval, and the company may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.

1806.5 Companies participating in CAPS-DC shall comply with the following provisions concerning vehicles:

(a) Each company shall add a vehicle to its fleet which complies with part (b) each time the company completes three thousand (3,000) CAPS-DC trips.

(b) Each vehicle added pursuant to part (a) shall be a new wheelchair accessible vehicle which has a side or rear entry and a ramp which meets ADA requirements, and has one of the following sources of propulsion:

(1) Compressed natural gas (CNG);

(2) Gasoline-electric hybrid;

(3) Diesel or bio-diesel;

(4) Liquid propane; or

(5) Ethanol (E85).

(c) A WMATA van shall not be replaced until on or after October 1, 2015, At the time a WMATA van is eligible to be replaced, it shall be replaced consistent with any additional terms and conditions imposed by the Commission based on total participation in the pilot program during Fiscal Year 2015, on District-wide demand for wheelchair service, on the need for wheelchair accessible vehicles in future programs targeted to serve underserved areas of the District, and on other lawful and appropriate considerations under the Act. A WMATA van eligible for transfer from a company to a third party shall be transferred only in compliance with all terms and conditions of the grant provided by the Office for its acquisition.

(d) A company that fails to comply with the requirements of paragraphs (a)-(c) shall be subject to suspension or revocation of its CAPS-DC approval, and may be required to refund to the Office any grant provided to the company for the acquisition of WMATA vans.

1806.6 Prior to providing wheelchair service, each taxicab operator shall:

(a) Have completed wheelchair service training approved by the Office, including either:

(1) Current training offered by an approved company pursuant to § 1806.7 which teaches a curriculum developed by the Office, including interfacing with persons with disabilities, operating mobility equipment, passenger assistance techniques, and operating wheelchair accessible vehicles;

(2) Prior training offered in connection with rollDC; or

1. (3) A combination of subparagraphs (1) and (2) as determined by the Office to be sufficient to meet the needs of CAPS-DC;
2. (b) Pass a written examination, administered by the Office, establishing the operator's competency to provide wheelchair service consistent with the Office's curriculum; and
3. (c) Be issued an Accessible Vehicle Identification ('AVID') operator's license by the Office.1806.7 Each company shall offer wheelchair service training to its associated operators to allow them to obtain AVID licenses consistent with the provisions of § 1806.6, and shall provide reasonable incentives to operators to obtain such training.1806.8 Each company shall maintain with the Office a current and accurate inventory of all active operators and vehicles approved for and providing CAPS-DC service, updated in such manner and at such times as determined by the Office, with the following information:- (a) For each operator: name, cellular telephone number, DCTC operator's license number, and an indication of whether the operator has completed the wheelchair service training pursuant to § 1806.6, and, if so, the date of completion; and
4. (b) For each vehicle: year, make, model, color, PVIN, tag number, and an indication of whether the vehicle is wheelchair accessible.1806.9 Each company shall ensure that:- (a) Each operator:
5. (1) Possesses a current and valid DCTC operator's license; and
6. (2) If the operator is operating a wheelchair accessible vehicle, the operator has a wheelchair service certification, as required by § 1806.6, and has been issued an AVID operator's license.
7. (b) Each vehicle:
8. (1) Is in compliance with all applicable provisions of this title, including: vehicle licensing requirements; uniform color scheme requirements in Chapter 5; and equipment requirements in Chapter 6 (including the requirements for a modern taximeter system

(MTS) unit and a uniform dome light);

(2) If it is a wheelchair accessible vehicle, is operated only by an operator trained to provide wheelchair service, as required by this chapter;

(3) If it is a wheelchair accessible vehicle, other than a WMATA van, or a wheelchair accessible vehicle that was associated with the company prior to its approval to participate in CAPS-DC, meets all applicable provisions of this chapter for use in CAPS-DC; and

(4) Has an MTS unit which complies with § 603, which has been configured to report CAPS-DC trip data in the format directed by the Office, allowing the Office to identify CAPS-DC trips.

1806.10 The rates and charges, and acceptable forms of payment, for each CAPS-DC trip shall be in accordance with the following requirements:

(a) The fare for a CAPS-DC trip shall be the flat rate of thirty three dollars ($33), plus any gratuity which a passenger chooses to add to the total fare, payable as follows:

(1) Twenty eight dollars ($28) shall be paid with the CAPS-DC debit card; and

(2) Five dollars ($5.00) of the CAPS-DC fare shall be paid by any means allowed by Chapter 8 other than the CAPS-DC debit card, including a different payment card or cash;

(b) Each CAPS-DC passenger shall be charged a flat rate fare of five dollars ($5) per CAPS-DC trip, with the remaining fare of twenty eight dollars ($28) to be paid by the CAPS-DC debit card.

(c) No passenger surcharge shall be collected from a passenger for a CAPS-DC trip.

1806.11 Each company shall make CAPS-DC service available through a telephone dispatch service to any CAPS-DC participant who requests service. Each company may also make CAPS-DC service available through a single digital dispatch service. All dispatch services shall be provided in accordance with the provisions of Chapter 16.

1806.12 Each company shall accept each booking for a CAPS-DC trip anywhere within the District which is made at least one (1) hour prior to service.

1806.13 Each company participating in CAPS-DC shall provide service using the wheelchair accessible vehicles in accordance with the following requirements:- (a) Each wheelchair accessible vehicle shall be used to provide service in the following descending order of priority to the extent permitted by all applicable laws:

- (1) A CAPS-DC passenger, for which the fare shall be consistent with § 1806.10;

- (2) Any passenger requesting a wheelchair accessible vehicle, for which the fare shall be consistent with the provisions of Chapter 8; and

- (3) Any other passenger, for which the fare shall be consistent with the provisions of Chapter 8.1806.14 Each company shall ensure that wheelchair service is available at all times when CAPS-DC service or booking is required to be available under this chapter.1806.15 Each CAPS-DC trip shall be between a WMATA-approved dialysis center in the District and another location in the District, or vice-versa.1806.16 Each company shall require each operator to verify that the photograph and information on the passenger's MetroAccess Card matches the information on the CAPS-DC debit card prior to the start of a CAPS-DC trip.1806.17 Each company shall provide invoices and reports of its CAPS-DC trips and its compliance with this chapter at such times and in such forms as directed in an applicable issuance, instruction, or guidance issued by the Office.1806.18 Where a vehicle dispatched to pick up a CAPS-DC passenger is unable to render service for any reason, including the passenger's inability to pay or equipment (vehicle or MTS unit) malfunction, the following provisions shall apply:- (a) The operator shall immediately notify the passenger and the company of the circumstances;

- (b) If the passenger is unable to pay, the operator shall provide service and the company shall promptly notify the Office and make appropriate arrangements for payment; and

- (c) If there has been an equipment malfunction, the company shall immediately dispatch another vehicle to that location. The passenger may

choose to wait inside the first vehicle until the second vehicle arrives, at no charge to the passenger. The operator shall comply with the requirements in Chapter 6 concerning equipment malfunctions.

An operator who fails to comply with part (a), (b), or (c) of this subsection shall be subject to a civil fine of two hundred fifty dollars ($250). A company which fails to comply with part (b) or (c) shall be subject to a civil fine of five hundred dollars ($500).

1806.19 Notwithstanding any applicable administrative issuance, instruction, or guidance previously issued by the Office, each WMATA van or wheelchair accessible vehicle acquired or purchased pursuant to this subsection shall be eligible to receive a new “H-tag” pursuant to all applicable rules and regulations of DMV.

SOURCE: Final Rulemaking published at 61 DCR 8522 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 11424 (October 31, 2014); as amended by Final Rulemaking published at 62 DCR 2561 (February 27, 2015).