1221.1 An individual not domiciled in the District ("applicant") may apply for a certificate of operating authority to operate an independent luxury vehicle business ("ILVB"). An ILVB shall allow the applicant to register a luxury class vehicle (limousine or black car) in the District, with the ILVB as co-owner and co-registrant of the vehicle, as required by the rules and regulations of DMV, and other applicable laws.
1221.2 Applicants who apply for certificates of operating authority under this section may be required to:
(a) Purchase or lease a vehicle which has electric propulsion;(b) Purchase or lease a vehicle which is wheelchair accessible;(c) Provide service in underserved areas of the District, as identified by the Department;(d) Obtain additional training to improve customer service levels, including training for wheelchair service and disability sensitivity; and(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.1221.3 For all purposes of this title, the Establishment Act, the Impoundment Act, and other applicable laws (excluding the regulations and laws applicable to DMV):
(a) The ILVB shall be considered and treated by the Department and 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 ILVB under this title, provided however that where a provision of this title authorizes the imposition of a civil penalty upon either the ILVB or the individual, either penalty may be applied upon the individual; and(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 ILVB, provided it is otherwise properly served upon either the individual or the ILVB pursuant to Chapter 7.1221.4 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.
1221.5 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 luxury class vehicle;(c) The individual 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 application under this title or other applicable law;(d) Consistent with the prohibition in § 1221.12, no person other than the applicant has acquired, or is designated to receive, a legal or beneficial interest in the ILVB, 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 from DCRA;(e) The ILVB 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, as may be amended from time-to-time;(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 supporting information and documentation as may be required by the Department, including information and documentation showing the ILVB is in compliance with all operating requirements.1221.6 Each application for operating authority shall:
(a) Contain such 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 ILVB demonstrating 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 two hundred fifty dollars ($250)1221.7 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.
1221.8 Operating authority for the ILVB shall be effective for twelve (12) months. The Department may establish a uniform renewal date through an administrative issuance.
1221.9 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 ILVB under §§ 1010 and 1204, which shall be automatically suspended or revoked if the ILVB's operating authority or the applicant's DFHV operator's license (face card) is suspended or revoked.
1221.10 Failure to file an application to renew ILVB 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.
1221.11 Each ILVB 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.
1221.12 An ILVB 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 ILVB, in any contract, will, or other legal document; or(b) The applicant becomes domiciled in the District, provided however that in the event ILVB 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.1221.13 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 ILVB operating authority1221.14 Tags required to be surrendered pursuant to § 1221.13 shall not be reissued, reclaimed, restored, or returned.
1221.15 The Department may deny any license issued under this title to any person the issuance of which would perpetuate a violation of this section.
D.C. Mun. Regs. tit. 31, r. 31-1221
Final Rulemaking published at 64 DCR 7895 (8/11/2017)