504 INDEPENDENT TAXICAB VEHICLE BUSINESSES

504.1 An individual not domiciled in the District (“applicant”) may apply pursuant to this section for an initial certificate of operating authority to operate an independent taxicab vehicle business (“ITVB”), during such times when the Department makes new DFHV vehicle licenses available. This section does not authorize the issuance of new DFHV vehicle licenses or DMV “H tags”. Existing ITVBs may apply pursuant to this section to renew their ITVB operating authority provided they meet all requirements for ITVBs in effect at that time. An applicant may register a taxicab vehicle in the District, with the ITVB as co-owner and co-registrant, as required by the rules and regulations of DMV and other applicable laws. The operating authority required by this section shall be in addition to any other operating required by this chapter for independent owners.

504.2 Applicants may be required by the Department as a condition for the issuance of operating authority to:

1. (a) Purchase or lease a vehicle which has electric propulsion;
2. (b) Purchase or lease a vehicle which is wheelchair accessible;
3. (c) Provide service in underserved areas of the District, as identified by the Department;
4. (d) Obtain additional training to improve customer service levels, including training for wheelchair service and disability sensitivity; and
5. (e) Meet other reasonable requirements to enhance safety and consumer protection, to improve customer service, and to achieve other lawful purposes within the jurisdiction of the Department, as determined by the Department in an administrative issuance.

504.3 For all purposes of this title, the Establishment Act, the Impoundment Act, and other applicable laws (excluding the regulations and laws applicable to DMV):

1. (a) The ITVB shall be considered and treated by the Department as the legal alter ego of the individual for all purposes of this title, with the effect of imposing upon the individual all obligations applicable to the ITVB under this title, provided however that where a provision of this title authorizes the imposition of a civil penalty upon either the ITVB or the individual, either penalty may be applied upon the individual; and
2. (b) Notwithstanding any contrary provision of Chapter 7, notice of any action including without limitation any enforcement action or legal proceeding

by the Department, the Office of Administrative Hearings, or the District, shall be valid, binding, and fully enforceable against either or both the individual and the ITVB, provided it is otherwise properly served upon either the individual or the ITVB pursuant to Chapter 7.

504.4 Nothing in this chapter shall be construed to alter the legal rights or obligations of any person under any provision of the D.C. Municipal Regulations or District law other than the rules and regulations of this title.504.5 An individual (“applicant”) shall be eligible to apply for an initial or renewed certificate of operating authority under this section where:- (a) The individual is not domiciled in the District;

- (b) The individual holds a DFHV vehicle operator’s license (Face card) to operate a taxicab;

- (c) The individual:

- (1) Holds a current DFHV vehicle license as an independent owner-operator, for a vehicle titled and registered with DMV;

- (2) Is a co-owner of a vehicle with a taxicab company or association and has obtained a release of the company’s or association’s interests in the vehicle; or

- (3) Owns or agrees in writing to purchase a new vehicle or a vehicle which is not required to be replaced within two (2) years from the date of the application;

- (d) Consistent with the prohibition in § 504.12, no person other than the applicant has acquired, or is designated to receive, a legal or beneficial interest in the ITVB, in any contract, will, or other legal document, and the applicant has not become domiciled in the District, requirements which shall appear in the charter documents filed with DCRA;

- (e) The ITVB is a District-based business with a bona fide place of business in the District, registered with DCRA and subject to all other requirements for a District-based business, and eligible under all applicable District regulations and laws (other than those in this title) to appear on the title as co-owner of the vehicle for which the application is filed;

- (f) The individual and the vehicle are in full compliance with all other requirements of this title, including all applicable licensing and operating

requirements;

(g) The individual is in good standing with the Department, including having no pending enforcement actions;

(h) The individual is in compliance with the Clean Hands Act; and

(i) For renewal applications: such additional information and documentation as may be required by the Department, including information and documentation showing the ITVB is in compliance with all operating requirements.

504.6 Each application for operating authority shall:

(a) Contain such supporting information and documentation as may be required by the Department, including information and documentation about the applicant, the vehicle, and the business;

(b) Be accompanied by the original charter documents for the ITVB which demonstrate compliance with this section;

(c) Be provided under penalty of perjury and notarized before a notary public;

(d) Be filed not later than any deadline stated in an applicable administrative issuance; and

(e) Be accompanied by an application fee of one hundred fifty dollars ($150) for an initial application.

504.7 The Department shall issue a decision to grant or deny an application for an initial or renewed certificate of operating authority within thirty (30) days.

504.8 Operating authority for the ITVB shall be effective for twelve (12) months. The Department may establish a uniform renewal date through an administrative issuance.

504.9 At the time an applicant is issued a certificate of operating authority, the applicant shall also be issued a DFHV vehicle license in the name of the applicant and the ITVB under § 1010, which shall be automatically suspended or revoked if the ITVB's operating authority or the applicant's DFHV operator's license (face card) is suspended or revoked.

504.10 Failure to file an application to renew ITVB operating authority within the time established by the Department shall result in the loss of the operating authority.

The application deadline shall not be extended.

504.11 Each ITVB shall comply with § 812 for leasing the vehicle co-titled in its name. A lease executed in violation of this requirement shall be null and void.504.12 An ITVB operating authority shall be null and void, and thereby subject to immediate suspension, proposed suspension, and proposed revocation, if any time:- (a) A person other than the applicant acquires, or is designated to receive, a legal or beneficial interest in the ITVB, in any contract, will, or other legal document; or

- (b) The applicant becomes domiciled in the District, provided however that in the event ITVB operating authority becomes null and void for this reason, the applicant shall be entitled to be issued a DFHV vehicle license as the exclusive owner of the vehicle where the applicant notifies the Department of the change in domicile within thirty (30) days of the change.504.13 Tags issued by DMV based on a DFHV vehicle license issued pursuant to this section shall be immediately surrendered to DMV if any of the following licenses are suspended (other than an immediate suspension), revoked, or not renewed:- (a) The applicant's DFHV operator's license;

- (b) The vehicle's DFHV vehicle license; or

- (c) The ITVB operating authority504.14 Tags required to be surrendered pursuant to § 504.13 shall not be reissued, reclaimed, restored, or returned.504.15 The Department may deny any license issued under this title to any person the issuance of which would perpetuate a violation of this section.

SOURCE: Final Rulemaking published at 37 DCR 3595, 3599 (June 1, 1990); as amended by Final Rulemaking published at 40 DCR 4047 (June 25, 1993); as amended by Final Rulemaking published at 52 DCR 6677 (July 15, 2005); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 62 DCR 119 (January 2, 2015); as amended by Final Rulemaking published at 62 DCR 9484 (July 10, 2015); as amended by Final Rulemaking published at 64 DCR 7895 (August 11, 2017).