408

OPERATING REQUIREMENTS

408.1 Each PSP shall operate in compliance all applicable provisions of this title and other applicable laws.

408.2 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.

408.3 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.

408.4 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.

408.5 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.

408.6 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.

408.7 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.

408.8 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.

408.9 Each PSP shall notify the Office if it learns of a security breach as to which a report must be made pursuant to the D.C. 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.

408.10 Each PSP shall allow passengers to make their choice of cash payments or cashless payments, which may include forms of methods of payment other than payment by payment card, such as near-field communications, if approved by the Office as part of its MTS.

408.11 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.

408.12 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.

408.13 Inventory of vehicles and operators.

(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).

408.14 Taxicab passenger surcharge payments.

(a) Each PSP shall ensure that the taxicab passenger surcharge is collected from the passenger as an authorized additional charge under § 801.7 (b)(2), and paid to the Office for each trip, regardless of whether the fare is paid by a digital payment, and shall—

(1) Remit a payment to the D.C. Treasurer at the end of each seven (7) day period reflecting the sum of all taxicab passenger surcharges owed to the Office for taxicab trips made during such period, based on the trip data provided during such period, and sending contemporaneously via email a report to the Office certifying its payment and providing a basis for the amount thereof; and

(2) Cooperate with the Office in the event of a discrepancy between a payment and the trip data from the MTS, provided however, that if the PSP and Office are unable to agree on a resolution of a dispute within thirty (30) days, the Office may, in its discretion, make a claim against the security bond to satisfy the amount of the discrepancy.

(b) The bond given to the Office at the time of application for approval under § 403.2 shall be returned to the PSP within thirty (30) days following an event that causes an MTS to no longer be approved, provided, however, that the bond shall not be returned while there remains a discrepancy in the amount owed for taxicab passenger surcharges, which shall be resolved as provided in this subsection.

408.15 Each PSP associated with a digital dispatch service to allow passengers to make digital payments shall ensure that when a passenger makes a digital payment—

(a) The fare, rates, charges, and payments comply with the all applicable provisions of this title, including this chapter and §§ 603 and 801, including the requirement that the PSP pay the taxicab passenger surcharge in § 408.14; and

(b) A paper or electronic receipt is provided as required by § 803.