602.1 Beginning September 13, 2016, no legacy (non-digital) taximeters shall be approved by the Department.

602.2 Beginning September 1, 2017, a taxicab may use either an MTS unit or a DTS unit.

602.3 Beginning January 1, 2018:

1. (a) The Department shall approve only DTSs, each of which shall incorporate a digital taximeter;
2. (b) The approval of each legacy taximeter shall terminate; and
3. (c) No person shall participate in dispatching or otherwise providing taxicab service if the service is provided without an approved DTS or approved digital taximeter and registered OPT.

602.4 Each DTS shall be provided and maintained by a taxicab company, or by the D.C. Taxicab Industry Co-op (“Co-op”) (collectively for purposes of this section, “provider”). Each DTS shall comply with the technology and service requirements of this section. The Co-op shall seek approval of its DTS not later than six months following its registration as a DDS.

602.5 Each DTS shall have one digital taximeter and one or more OPT (payment processor) as selected by the DTS provider, provided however, that if the Department makes a digital taximeter available to the industry free of charge, then each DTS provider shall incorporate such digital taximeter into its DTS within ninety (90) days of its availability, or such longer period as set by administrative issuance, provided however, that each DTS provider may in lieu thereof incorporate any other digital taximeter that meets or exceeds the performance and features of the Department’s digital meter; and provided further that each OPT shall be registered with the Department.

602.6 The Department may issue an administrative issuance concerning DTSs, digital meters, and OPTs, in order to:

1. (a) Establish requirements for when approval or renewal of approval is required, including establishing uniform approval periods of not less than twelve (12) months; establishing an annual DTS open season during which DTS providers approved for the next uniform approval period may compete for customers during such period; establishing an annual deadline by which DTSs must apply for approval or renewal in order to be

approved for the next uniform approval period and to participate in the next DTS open season, or otherwise be considered only for approval during the uniform approval period starting one (1) year after the next uniform approval period; and establishing standards from when re-approval is required due to a material modification of a DTS during an approval period;

(b) Interpret and provide guidance about DTS technology and service requirements;

(c) Establish reasonable requirements related to surcharge bonds;

(d) Establish reasonable requirements for the use, operation, configuration, placement, and installation of DTS units and their components, such as requirements for accessibility and use by disabled passengers including visually-impaired and blind customers, which shall be in full compliance with federal law including but not limited to Section 508 of the Rehabilitation Act, 29 U.S.C. § 794 (d);

(e) Establish reasonable requirements concerning the use of dynamic street hail pricing, including the placement of signs in and/or on vehicles to inform passengers about such pricing;

(f) Establish reasonable requirements concerning the requirements for separate mechanisms for the operator and the passenger to discreetly summon assistance;

(g) Interpret and provide guidance on the requirements for a digital taximeter to meet or exceed the performance and features of the Department's digital meter made available to the industry for free, if applicable.

(h) Interpret and provide guidance on the requirements for a payment card processor that a DTS provider seeks to use to process payments;

(i) Provide guidance on the technical and other reasonable requirements for the registration of an OPT;

(j) Provide guidance for independent owners who choose to operate without affiliating with a DTS provider;

(k) Establish other reasonable requirements for DTSs and DTS units related to safety, passenger privacy, consumer protection, compliance with any other applicable law, and other reasonable purposes within the jurisdiction of the Department; or

(l) Take any action with respect to achieving PCI compliance, as measured or determined by the PCI Security Standards Council.

602.7 The legality or wisdom of any administrative issuance promulgated pursuant to this section may be challenged in any administrative proceeding where the Department seeks to rely on such administrative issuance.

602.8 The approval of a DTS may be suspended or revoked, and a renewed approval may be denied, in addition to other civil penalties under this title, if the DTS provider fails to comply with an applicable administrative issuance, provided that the DTS provider shall have the opportunity to challenge the legality or wisdom of any or all provisions of the relevant administrative issuance or issuances in an administrative hearing.

602.9 Each application for the approval of a DTS shall be executed by an individual with authority to file the application, and shall contain the following information and documentation:

1. (a) Contact information for the applicant, including name, telephone number, email, and website URL;
2. (b) Information and documentation about each component of the DTS unit, including its digital meter, driver console, passenger console, and credit card processing device, and how it interacts with the vehicle's dome light or innovation cruising light, including a narrative, photographs, and screenshots for each component;
3. (c) Information and documentation showing the DTS complies with all service and technology requirements of this section, other requirements of this title, the Establishment Act, and other applicable laws;
4. (d) A certification that the applicant owns the rights to, or holds a license to use, all the intellectual property that comprises the DTS other than intellectual property required by this section to be used in connection with a digital meter, or an arrangement with a payment card processor, made available by the Department;
5. (e) Information showing the applicant is in good standing with the Department and is in compliance with all applicable laws pertaining to its business, including without limitation the Clean Hands Act;
6. (f) Information demonstrating that the applicant will collect from the passenger and pay to the District the taxicab passenger surcharge of fifty cents (\$0.50);

1. (g) A sample of each agreement with owners and operators used by the applicant;
2. (h) An explanation of the provider's pricing structure, and whether the provider expects to offer dynamic street hail pricing; and
3. (i) A certification that the DTS is fully integrated with the DC TaxiApp, as required by this section, Chapter 16, and any applicable administrative issuance, and the names of any other apps with which the DTS is also integrated.602.10 Each application shall be accompanied by a filing fee of two thousand five hundred dollars (\$2,500), regardless of whether: it is a new or renewal application; or it seeks re-approval of a DTS due to its material modification by its provider during an approval period.602.11 Each application for the approval of a DTS shall be accompanied by a bond, naming the District as obligee, to secure the payment of the passenger surcharges owed to the District under this title and the Establishment Act during the current approval period. Such bond(s) shall:- (a) Be in effect throughout the current approval period to which the approval applies and for one (1) year thereafter; and
4. (b) Be in the amount of one hundred fifty thousand dollars (\$150,000).602.12 An application may be denied if it contains or was submitted with materially false information provided orally or in writing for the purpose of inducing approval.602.13 An applicant seeking to renew the approval of a DTS shall meet all requirements for a new approval, or such portion thereof, as the Department may require by a administrative issuance.602.14 The Department shall issue all decisions to grant or deny the approval of a DTS within the period established in an administrative issuance.602.15 Each approval of a DTS shall be for the duration of the uniform approval period set forth in an administrative issuance, or the remainder of the current period, whichever is less.602.16 Each DTS provider shall execute contracts with operators that are no longer than the license period for which they are granted operating authority, and DTSs must allow operators to switch to another DTS provider during an annual DTS open season as that term is defined in an administrative issuance, without penalty.

602.17 Technology requirements for DTS units. Each DTS unit shall:

1. (a) Operate in a manner which ensures the vehicle owner and operator, and the DTS provider, are able to comply with all requirements of this title and other applicable laws, and all applicable administrative issuances;
2. (b) Use open architecture, open application program interfaces, and a modular design, to ensure proper interaction among:
3. (1) A driver console incorporating a digital taximeter that—
   1. (A) Is fully integrated with the DC TaxiApp and, at the option of the provider, the app of any other DDS registered and operated as required by this title and other applicable laws;
   2. (B) Processes shared and group rides, calculates fares (including dynamic street hail prices, if offered by the provider), and provides receipts as required by Chapter 8;
   3. (C) Provides the Department with real-time trip and location data when the operator is on duty, and such other information as reasonably required by an administrative issuance;
   4. (D) Is linked electronically, or via a DFHV network, API, integration hub, website, mobile app, URL, or hardware, to one or more registered digital dispatch services, including at a minimum, full integration with the DC TaxiApp, for the purpose of receiving e-mails and allowing e-mail passengers to choose in-vehicle or digital payments; and
   5. (E) Provides the operator and District enforcement officials with the ability to view the vehicle's electronic manifest as required by § 823 for the prior forty-eight (48) hours, and maintains all manifest records for at least two (2) years.
4. (2) A passenger console;
5. (3) A credit card processing device;
6. (4) Any other device the provider wishes to include that does not impair the required function and performance of the DTS; and

(5) Complies with all other applicable requirements of this title and other applicable laws, and any applicable administrative issuance;

(c) Interact with the vehicle's legacy dome light or cruising light to properly control its functions in the manner required by this chapter.

(d) Be integrated with two or more registered OPTs at the time of renewal of the DTS' operating authority.

(e) Bear the costs of integrating with any OPTs beyond the initial two with which it is integrated.

602.18 Service requirements for DTSs. Each DTS provider shall:

(a) Ensure that each of its DTS units is in compliance with the technology and other requirements of this title and other applicable laws, including proper operation and connectivity with a cruising light or legacy dome light;

(b) Comply with the following requirements for the taxicab passenger surcharge. It shall:

(1) Collect the surcharge as an authorized additional charge under Chapter 8;

(2) Remit to the District, at the end of each month, a payment to the D.C. Treasurer reflecting all surcharges owed to the District for such period based on the number of trips during such period, regardless of whether or not the surcharge was actually collected from the passenger;

(3) Transmit to the Department a report certifying its payment to the District, and containing a basis for the amount of the payment and such other information reasonably related to the payment as may be required by an administrative issuance; and

(4) Cooperate with the Department to resolve any issue related to compliance with this subsection, including a discrepancy in the amount of a payment. If the issue remains unresolved to the satisfaction of the Department within thirty (30) days following notice of the issue to the payer, the Department shall have discretion to make a claim against the payer's surcharge bond, as necessary and appropriate to satisfy the amount of the discrepancy. A surcharge bond shall be returned to the payee within thirty (30) days following the expiration of the bond, or, upon written request

of the payer, at an earlier date if the payer establishes to the satisfaction of the Department that the payer's obligations under this section have been fully discharged;

(c) Pay each owner or operator with which it is associated the portion of its revenue to which such owner or operator is entitled within twenty-four (24) hours or one (1) business day of when such revenue is received, provided however, that such periods may be extended to not more than one (1) calendar week or five (5) business days if such terms are clearly and transparently disclosed in the contract; and

(d) Pay all costs and fees related to the DTS, including without limitation, the costs for development, improvement, installation, maintenance, service, support, and legal compliance, provided however, that such costs may be allocated pursuant to a written agreement that clearly and transparently discloses each and every cost, and does not exceed the length of the approval period. No person other than the provider shall pay a cost or fee related to a DTS which has not been fully disclosed in the manner required by this subsection.

602.19 Each payment processor seeking to register with DFHV as a OPT provider shall submit a completed registration application which will be available online.

602.20 Each OPT shall be capable of working or operating with one or more approved digital meters for trip data and surcharge collection and OPT hardware shall be PCI compliant as determined by the PCI Security Standards Council.

602.21 Each OPT shall have an open API beginning January 1, 2018, which shall be published on its website.

602.22 The approval of a DTS may be suspended or revoked if its provider integrates with or uses the app of a DDS not registered or operated as required by this title and other applicable laws.

602.23 A taxicab equipped to provide taxicab service using a DTS unit shall use the DTS unit for each and every trip.

602.24 No taxicab shall be equipped with or use more than one taximeter (analog or digital), more than one DTS unit, or both an MTS unit and a DTS unit.

602.25 An operator shall not pick up or transport a passenger unless the taxicab and its DTS unit are functioning properly and the DTS unit is able to provide receipts.

602.26 Each approved DTS and each approved taximeter shall be listed on the Department's

website.

SOURCE: Final Rulemaking published at 37 DCR 3595, 3604 (June 1, 1990); as amended by Final Rulemaking published at 55 DCR 3831 (April 11, 2008); as amended by Final Rulemaking published at 59 DCR 8564, 8565 (July 20, 2012); as amended by Final Rulemaking published at 60 DCR 7007 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 12387 (August 30, 2013); as amended by Final Rulemaking published at 61 DCR 6439 (June 27, 2014); as amended by Final Rulemaking published at 65 DCR 1870 (February 23, 2018); as amended by Final Rulemaking published at 71 DCR 009638 (August 2, 2024).