504 MODERN TAXICAB ASSOCIATIONS

504.1 A taxicab association (“association”) interested in receiving approval from the Office of Taxicabs (“Office”) to operate as a modern taxicab association (“MTA”) may apply to the Office for approval under this section.

504.2 An association may apply for approval as an MTA together with its application for a certificate of operating authority under § 501, or at any time thereafter, provided it meets all requirements of this section at the time of application.

504.3 Nothing in this chapter shall be construed as soliciting or creating a contractual relationship, agency relationship, or employer-employee relationship between the District of Columbia and any other person.

504.4 Nothing in this chapter shall be construed as creating a right of action against the District of Columbia based on the loss or reduction in value of, or in the loss of transferability of, any legal right or property interest which was due in whole or in part to the action or inaction of any person in violation of the provisions of this title.

504.5 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 other than the rules and regulations of this title.

504.6 An association shall be eligible to apply for approval as an MTA where:

(a) The association:

(1) Meets the requirements of § 501 and is in compliance with all applicable provisions of this title and other applicable laws;

(2) If it has current operating authority as an association, it is in good standing with the Office, including having no pending enforcement actions;

(3) Has one hundred (100) or more members; and

(4) Is in compliance with, or ready and able to comply with, all operating requirements in § 504.14.

(b) Each of the association’s members:

(1) Holds the required DCTC operator’s license for the vehicle to be operated by the member;

(2) Is in good standing with the Office, including having no pending enforcement actions; and

(3) Has a DCTC taxicab vehicle license, or is eligible to be issued a new DCTC taxicab vehicle license pursuant to this section and § 1010.

504.7 Each applicant shall provide the following information and documentation to the Office:

(a) The name of and contact information for the applicant and its manager, showing that the applicant is domiciled in the District;

(b) The trade name(s) and logo used by the applicant, if any;

(c) The name of and contact information for each of the applicant's members;

(d) For each vehicle which is currently owned exclusively or jointly by a member and used or intended to be used by a member as a taxicab:

(1) The make, model, model year, propulsion type, and wheelchair accessibility of the vehicle; and

(2) The names and addresses of all owners of the vehicle, the date and place of registration, and whether or not there is a lien on the vehicle;

(e) Information and documentation showing that the applicant, its members, and its members' vehicles are in compliance with, or ready and able to comply with, all the eligibility requirements of § 504.6 and all the operating requirements in § 504.14;

(f) A copy of the applicant's bylaws and all other documents which evidences or establishes the legal relationship between the applicant and its members;

(g) A proposed vehicle plan which would ensure that, within five (5) years from the date of the approval of the MTA, one hundred percent (100%) of the association's vehicles will be both wheelchair accessible and use the most fuel efficient propulsion pursuant to § 609; and

(h) Such other information and documentation as stated in any applicable administrative issuance, instruction, or guidance issued by the Office.

504.8 Each initial and renewal application filed with the Office under this section shall be:

(a) Full and complete;

(b) Accompanied by full and complete documentation;

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

(d) Submitted no later than the deadline stated in any applicable administrative issuance, instruction, or guidance issued by the Office; and

(e) Accompanied by an application fee of five hundred dollars ($500).

504.9 The Office shall review each application pursuant to the Clean Hands Act, and shall deny the application of the applicant or any of its members which are not in compliance with the Clean Hands Act.

504.10 An application may be denied if the applicant or any of its members does not cooperate with the Office during the application process, if the application is not complete, or if the applicant or any of its members provides materially false information for the purpose of inducing the Office to grant the application.

504.11 If the Office denies an application:

(a) The Office shall state the reasons for its decision in writing; and

(b) The applicant may appeal the decision to the Chief of the Office within fifteen (15) calendar days, and, otherwise, the decision shall constitute a final decision of the Office. The Chief shall issue a decision on an appeal within thirty (30) calendar days. A timely appeal of a denial shall extend any existing approval pending the Chief's decision. A decision of the Chief to affirm or reverse a denial shall constitute a final decision of the Office. A decision of the Chief to remand to the Office for further review of an application shall extend any existing approval pending the final decision of the Office.

504.12 Each approval shall be effective for the duration of the MTA's operating authority as a taxicab association provided, however, that notwithstanding any other provision of this section, the MTA may seek to renew its certificate of operating authority at any time within twelve (12) months following its expiration, which, if granted, shall be retroactive for all purposes of this title to the date of expiration.

504.13 The Office shall issue at the time of approval:

(a) To the MTA: a certificate reflecting the Office's approval, which shall remain the property of the Office and shall be returned to the Office if, at any time or for any reason, the association loses its authority to operate under this title or other applicable law; and

(b) To each MTA member not domiciled in the District: a new DCTC transferable taxicab vehicle license or DCTC vehicle license for a taxicab (not transferable), pursuant to the provisions of § 1010, and provided that:

(1) The taxicab being placed into service by the member would be registered jointly in the name of the member and the MTA;

(2) The member has been a joint owner of a taxicab registered in the District in the name of the member and a District taxicab company ("former company"), which is required to be retired from service under § 609 ("jointly registered vehicle");

(3) The former company refuses to release its ownership in the jointly registered vehicle to the member upon terms satisfactory to the member, following written demand by the member, proof of which is provided to the Office; and

(4) The member releases all right, title, and interest in the jointly registered vehicle to the former company and fulfills all contractual obligations related to the jointly registered vehicle to enable the former company to re-title and re-register the jointly registered vehicle in its name alone.

504.14 Each MTA and its members shall at all times be in compliance with the following operating requirements:

(a) The MTA and its members shall remain in compliance with the eligibility requirements of § 504.6 and all other applicable provisions of this title and other applicable laws;

(b) The MTA and its members shall be associated with a single payment service provider ("PSP");

(c) Each vehicle associated with the MTA shall be compliant with the MTA's approved vehicle plan unless a modification of the plan has been approved by the Office pursuant to § 504.16;

(b) The MTA shall allow each of its member which is not domiciled in the District to apply for a new DCTC vehicle license pursuant to §§ 504.13(b) and 1010 and shall consent, when requested by a member, to appear on the title and/or registration as necessary to allow the vehicle to be registered under all applicable DMV regulations and other applicable laws; and

(e) The MTA shall allow a member to withdraw from the MTA without financial payment or penalty, and shall make no legal or equitable claim to the member's vehicle, or to the member's DCTC transferable taxicab vehicle license, if such license has been issued to the member pursuant to § 1010, provided however, that this part shall not relieve a member of its obligations under § 504.17 or the payment of any lawful debt owed to any person.

504.15 No MTA shall alter its bylaws or other documents which evidence or establish its legal relationship with its members without obtaining prior approval from the Office. Any attempt to violate this subsection shall be null, void, and unenforceable.

504.16 No vehicle associated with an MTA may be placed into service unless it complies with the MTA's approved vehicle plan, provided however, that a modification of the plan may be granted by the Office for good cause shown where the proposed modification would not impair the rights or obligations of any person under this section or § 1010.

504.17 Each member of an MTA which holds a DCTC vehicle license, other than a DCTC transferable taxicab vehicle license, which was issued by the Office pursuant to §§ 504.13(b) and 1010 for a vehicle which has not yet been replaced as required in the MTA's approved vehicle plan and which becomes disaffiliated from MTA, shall be subject to the following requirements:

(a) If the failure to remain affiliated is attributable to the MTA, including its failure to continue operating or the loss of its operating authority, the vehicle shall be replaced as required in the MTA's approved vehicle plan; and

(b) If the failure to remain affiliated is attributable to the member, the vehicle shall be replaced as required in the MTA's approved vehicle plan within ninety (90) days of the disaffiliation, unless by such time the member has affiliated with another approved MTA and provided notice of such re-affiliation in the manner required by the Office.

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).