D.C. Mun. Regs. tit. 31, § 408
408.1 Each PSP shall operate in compliance with this chapter and Chapters 6 and 8 of this title, and other applicable laws.
408.2 Each DDS that provides dispatch or digital payment for taxicabs shall operate in compliance with this chapter and Chapters 8 and 16 of this title, and other applicable laws.
408.3 Each PSP shall comply with all applicable federal and District licensing, permitting, registration, anti-discrimination, and taxation requirements for a business operating in the District.
408.4 Each PSP shall either maintain a bona fide administrative office, consisting of a physical office in the District, in the same manner required of a taxicab company under Chapter 5 of this title and in compliance with all laws, rules, and regulations concerning the operation of a place of business in the District, or shall maintain a registered agent authorized to accept service of process, provided, however, that a PSP operated by a person that provides another service regulated by this title requiring such person to maintain a bona fide administrative office in the District shall operate such bona fide administrative office as a bona fide administrative office for the PSP as well. Each PSP may share a place of business with its affiliated businesses provided the place of business is in compliance with this Title and other applicable laws, including the requirement for a certificate of occupancy provided by the Department of Consumer and Regulatory Affairs.
408.5 Each PSP shall maintain a customer service telephone number for passengers with a “202” prefix or a toll-free area code that shall be available during normal working hours 365 days per year.
408.6 Each PSP shall maintain a technical support telephone number for vehicle owners and operators with a “202” prefix or a toll-free area code that shall be available 24 hours per day, 365 days per year.
408.7 Each PSP shall operate only in compliance with §§ 508-513 of this title, to the same extent as if the PSP were a taxicab company.
408.8 Each PSP shall:
(a) Store its business records in a safe and secure manner, and in compliance with industry best practices and applicable federal and District law;
(b) Make its business records available for inspection and copying during regular business hours at the Office or at its bona fide administrative office, if maintained, within five (5) business days of its receipt of a
written demand from the Office; and
(c) Retain its business records for at least five (5) years.
408.9 Each PSP and its owners, operators, officers, employees, agents, and representatives shall, at all times, cooperate with the instructions of public vehicle enforcement inspectors, other law enforcement officers, other authorized officials of the Office, and General Counsel to the Office, including a request in connection with a possible violation of this title or other applicable law by any person seeking an operator’s identification (Face Card) number or a vehicle’s PVIN, previously reported in anonymous format under § 603.
408.10 Each PSP shall notify the Office if it learns of a security breach as to which a report must be made pursuant to the Consumer Personal Information Security Breach Notification Act of 2006, effective March 8, 2007 (D.C. Law 16-237; D.C. Official Code §§ 28-3851, et seq.) or other applicable law.
408.11 Each PSP shall allow each passenger to make his or her choice of in-vehicle payment or digital payment, to the extent required by this chapter, and no minimum payment shall be required.
408.12 Each PSP shall remain in compliance with all MTS service and support requirements in Chapter 6 and all requirements of this chapter throughout the period that its MTS has a current and valid approval from the Office.
408.13 Each PSP shall pay each taxicab company or independent owner with which it is associated the portion of such PSP’s revenue to which such taxicab company or independent owner is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received by the PSP.
408.14 PSP inventory requirements.
(a) Each PSP shall maintain an accurate inventory of its associated vehicles and operators containing the following information—
(1) For each vehicle: the name of and contact information for its owner(s), including work and cellular telephone numbers; the vehicle’s PVIN, make, model, and year of manufacture; certification by the PSP that the vehicle is in compliance with the insurance requirements of Chapter 9 of this title; an indication of whether the vehicle is wheelchair accessible; an indication with whether the vehicle is in active use; and, if the vehicle is associated with a taxicab company, association, or fleet, the name of and contact information for such company, association, or fleet; and
(2) For each operator: the name of and contact information for such
operator, including work and cellular telephone numbers; his or her DCTC operator license (Face Card) number; an indication of whether such operator is actively using the MTS; and, if he or she is associated with a taxicab company, association, or fleet, the name of and contact information for such company, association, or fleet.
(b) The Office may remove a vehicle or operator from a PSP's inventory at any time with reasonable notice and an opportunity to be heard if a vehicle or operator on the inventory is not legally authorized to operate, or in the event an MTS unit is not legally authorized for use (such as where a vehicle inspection reveals the MTS unit has been tampered with).
408.15 Passenger surcharge collection and payment by PSPs and DDSs.
(a) Each PSP shall comply with paragraph (c) of this subsection.
(b) Each DDS that is required to collect the taxicab passenger surcharge pursuant to § 408.16 shall comply with paragraph (c) of this subsection.
(c) Each person required to comply with this subsection shall:
(1) If it is a DDS, it shall provide a surcharge bond to the Office at the time of its application for a certificate of operating authority under Chapter 16 that includes processing digital payments for taxicabs;
(2) Collect the surcharge as an authorized additional charge under § 801.7(b)(2) for each taxicab trip;
(3) Remit to the District, at the end of each seven (7) day period, a payment to the D.C. Treasurer in the amount of all the surcharges it has collected during such period; and
(4) Send via email at the time of its payment a report to the Office certifying its payment to the District and providing a basis for the amount of such payment.
(d) Each person that participates in providing service for a taxicab trip, regardless of whether it is required by paragraph (a) or (b) to collect and pay the passenger surcharge, shall cooperate with the Office to resolve any discrepancy concerning a passenger surcharge owed or paid to the District by any person, and, if the Office is unable to resolve such discrepancy within thirty (30) days, the Office may, in its discretion, make a claim against the surcharge bond deposited by any person that participated, as necessary and appropriate to satisfy the amount of the discrepancy.
(e) A surcharge bond provided to the Office by a PSP or by a DDS shall be returned within thirty (30) days following an event that causes such business to lose its operating authority under this title, provided, however, that the surcharge bond shall not be returned while there remains a discrepancy concerning a passenger surcharge owed or paid to the District by any person.
408.16 Digital payment requirements.
Each approved PSP and each approved DDS shall comply with the following requirements for integration of their services, except that this section shall not apply to a digital payment where the PSP and the DDS are affiliated businesses that comply with the data reporting and passenger surcharge requirements of subparagraph (b)(2) of this section.
(a) Integration mandated.
(1) Each PSP that fails to integrate or to maintain integration as required by this subsection shall be subject to civil penalties, including the suspension or revocation of its operating authority under this title.
(2) Each DDS that fails to integrate or to maintain integration as required by this subsection shall be subject to civil penalties, including the modification, suspension, or revocation of its operating authority as provided in this chapter. Modification may consist of the suspension or revocation of authority to provide dispatch services for taxicabs, including digital payment.
(b) Integration requirements.
(1) Each PSP and each DDS shall integrate by complying with the data security requirements of subparagraph (2) of this paragraph and by complying with the minimum requirements for integration in paragraph (b)(3) of this subsection, or by executing an integration agreement pursuant to paragraph (b)(4) of this subsection. Failure to integrate and maintain integration as required shall subject both businesses to civil penalties.
(2) Data security requirements for all integration. Integration shall in all cases require that the PSP and DDS use, incorporate, or connect to one another via technology that meets Open Web Application Security Project (“OWASP”) security guidelines, that complies with the current standards of the PCI Security Standards Council (“Council”) for payment card data security, if such standards exist, and, if not, then with the current guidelines of the Council for
payment card data security, and, that, for direct debit transactions, complies with the rules and guidelines of the National Automated Clearing House Association.
(3) Additional minimum requirements for integration. Where a PSP and a DDS do not operate pursuant to an integration agreement executed and approved pursuant to paragraph (b)(4), they shall operate either through hardware integration under paragraph (b)(3)(A) or through hardware and software integration under paragraph (b)(3)(B), as they shall determine.
(A) Hardware integration requirements. Hardware integration between a PSP and DDS shall allow the following events to occur in the following order:
(i) At the conclusion of the trip, the operator shall use the MTS unit to notify the PSP of the identity of the DDS approved pursuant to Subsection 1604 that is processing the digital payment;
(ii) The operator shall manually enter the following information into the MTS unit or into the DDS's payment solution approved pursuant to Chapter 16, thereby notifying the DDS of:
(A) The taximeter fare pursuant to § 801.7;
(B) The amount of any gratuity;
(C) The number of passengers;
(D) Any additional information commercially and reasonably required to allow the DDS to process the digital payment and to comply fully with this paragraph § 408.16 (b)(3)(A);
(iii) Upon receipt of the information in § 408.16 (b)(3)(A)(ii), the DDS shall:
(A) Process the digital payment;
(B) Collect from the passenger and remit to the District the taxicab passenger surcharge pursuant to § 408.15;
(C) Transmit to the TCIS the trip data required
by § 603.9, other than the PSP’s unique trip number; and
(iv) The PSP shall transmit to the TCIS the trip data required by § 603.9 to allow the Office to reconcile the data provided by the PSP and the DDS; and
(v) The vehicle owner (taxicab company or independent owner) shall pay the PSP an integration service fee of not more than thirty five cents ($.35).
(4) Alternative for integration via approved integration agreement. In lieu of complying with paragraph (b)(3) of this subsection, any DDS and any PSP may negotiate an integration agreement that allocates the obligations set forth in paragraph (b)(3) in any reasonable, reliable, verifiable, and commercially reasonable manner that meets the following requirements:
SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 60 DCR 15560 (November 8, 2013).