D.C. Mun. Regs. tit. 31, § 1907
Penalties
Effective Jan 8, 201663 DCR 338Authority: Sections 8(c) (1), (2), (3), (4), (7), (10), (11), (14), (16), (18), (19) and (20), 14, 15, and 20j of the District of Columbia Taxicab Commission Establishment Act of 1985 (“Establishment Act”), effective March 25, 1986, as amended by the Vehicle for Hire Innovation Amendment Act of 2015 (“Vehicle-for-Hire Act”), effective March 10, 2015 (D.C. Law 6-97; D.C. Official Code §§ 50-307(c)(1),(2),(3), (4) (7), (10), (11), (14), (16), (18), (19) and (20), 50-313, 50-314, and 50-329 (2012 Repl. & 2015 Supp.)). Source: Final Rulemaking 63 DCR 338 (January 8, 2016); as amended by Final Rulemaking published at 63 DCR 7668 (May 20, 2016).District of Columbia, Office of the Secretary
1907.1 Each violation of this chapter by a private sedan operator shall subject the operator to:
- (a) A civil fine established by a provision of this chapter;
- (b) Impoundment pursuant to the Impoundment Act, where a vehicle is operated without a document required by § 1904.1(e);
- (c) Enforcement action other than a civil fine, as provided in Chapter 7; or
- (d) A combination of the sanctions enumerated in parts (a) through (c).
1907.2 Each violation of this chapter by a private sedan business shall subject the business 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; or
- (c) A combination of the sanctions enumerated in parts (a) and (b).
1907.3 The following civil fines are established for violations of this chapter by a private sedan business or private sedan operator, 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) For a violation of a provision of this chapter, where no civil fine is enumerated:
- (1) By a private sedan operator: a civil fine of one hundred fifty dollars ($150); and
- (2) By a private sedan business: a civil fine of one thousand dollars ($1,000).
- (b) A civil fine of two hundred fifty dollars ($250) for a violation of § 1904.1 (d) by a private sedan operator for failing to display trade dress while providing service;
- (c) A civil fine of two hundred fifty dollars ($250) for a violation of § 1904.1 (e)(4) by a private sedan operator for failure to maintain in the vehicle proof of insurance required by § 1905;
- (d) A civil fine of two hundred fifty dollars (\$250) for a violation of § 1904.1 (g)(2) by a private sedan operator for failure to notify the Office within three (3) business days where there has been an accident accompanied by the loss of human life or by serious personal injury without the loss of human life
- (e) A civil fine of one thousand dollars (\$1,000) for a violation of § 1905 by a private sedan operator for failure to maintain the insurance required by § 1905;
- (f) A civil fine of seven hundred fifty dollars (\$750) for a violation of § 1906.2 by a private sedan operator for threatening, harassing, or engaging in abusive conduct toward a District enforcement official;
- (g) A civil fine of two thousand five hundred dollars (\$2,500) for a violation of § 1906.2 by a private sedan operator for attempting to use or for using physical force against any District enforcement official;
- (h) A civil fine of five hundred dollars (\$500) for a violation of § 1906.4 by a private sedan operator by logging in to the app if the operator knows the private sedan business is under suspension;
- (i) A civil fine of two thousand five hundred dollars (\$2,500) for a violation of § 1906.5 by a private sedan operator for providing service while under the influence of an illegal or legal intoxicants;
- (j) A civil fine of five hundred dollars (\$500) for a violation of § 1906.6 by a private sedan operator for using a taxicab or limousine stand;
- (k) A civil fine of seven hundred fifty dollars (\$750) for a violation of § 1906.6 by a private sedan operator for soliciting or accepting a street hail;
- (l) A civil fine of one thousand dollars (\$1,000) for a violation of § 1906.6 by engaging in false dispatch;
- (m) A civil fine of three thousand dollars (\$3,000) for a violation of § 1903.2 by a private sedan business for failure to maintain a current and accurate registry of the operators and vehicles associated with the business;
- (n) A civil fine of one thousand five hundred dollars (\$1,500) for a violation of §§ 1903.4-1903.7 by a private sedan business for failure to conduct an appropriate motor vehicle safety inspection or failure to verify that such an inspection has been completed;
- (o) A civil fine of three thousand dollars (\$3,000) for a violation of §§ 1903.9-1903.14 by a private sedan business for failure to maintain a required zero tolerance policy, failing to investigate a violation, or failure to suspend an operator;
- (p) A civil fine of two thousand five hundred dollars (\$2,500) for a violation of § 1903.20 by a private sedan business for failure to immediately notify the Office upon the suspension or termination of an operator;
- (q) A civil fine of four thousand dollars (\$4,000) for a violation of § 1903.21 by a private sedan business for failure to maintain 24/7/365 communication for enforcement and compliance purposes;
- (r) A civil fine of two thousand five hundred dollars (\$2,500) for a violation of § 1903.22 by a private sedan business for failure to prevent a private sedan operator from logging in to the app of the private sedan business's associated or affiliated digital dispatch service while the operator is suspended or after the operator has been terminated;
- (s) A civil fine of three thousand dollars (\$3,000) for a violation of § 1903.15 by a private sedan business for failure to maintain business records;
- (t) A civil fine of five thousand dollars (\$5,000) for a violation of § 1903.16 (b) by a private sedan business for failure to conduct a required check of an operator's criminal background, presence on the national sex offender registry database, or driving record;
- (u) A civil fine of seven thousand dollars (\$7,500) for a violation of § 1903.16 (b) by a private sedan business for allowing the registration of an operator where the private sedan business knew or should have known the operator was ineligible for registration;
- (v) A civil fine not to exceed twenty five thousand dollars (\$25,000) per day based on the circumstances, for a violation of § 1905 by a private sedan business, for each day or portion thereof where a private sedan business fails to maintain in force and effect insurance coverage it has notified the Office it will provide;
- (w) A civil fine of five thousand dollars (\$5,000) for a violation of § 1905 by a private sedan business other than for a failure to maintain in force and effect insurance coverage it has notified the Office it will provide; and
- (x) A civil fine of twenty five thousand dollars (\$25,000) per day or portion
thereof for a violation of § 1906.8 for engaging in conduct which hinders or prevents the District from receiving an amount which the private sedan business's associated or affiliated digital dispatch service must transmit to OCFO pursuant to § 1604.7, provided however, that a penalty shall not be assessed under both this section and § 1608.2 (b) where a digital dispatch service and a private sedan business are not separate legal entities.
1907.4 An operator charged with a violation of § 1906.7 for false dispatch may be adjudicated liable for the lesser-included violation of solicitation or acceptance of a street hail, in the discretion of the trier of fact based on the evidence presented, but shall not be held liable for both violations.
1907.5 In addition to any other penalty or action authorized by a provision of this title, the Office may report violations to another government agency for appropriate action which may include the denial, revocation or suspension of any license that may be issued by the other agency.
SOURCE: Final Rulemaking published at 63 DCR 338 (January 8, 2016).