D.C. Mun. Regs. tit. 31, r. 31-1903

Current through Register 71, No. 45, November 7, 2024

Rule 31-1903 - PRIVATE SEDAN BUSINESSES - OPERATING REQUIREMENTS

1903.1

Each private sedan business shall create an application process for an individual to apply to the private sedan business to register as a private sedan operator.

1903.2

Each private sedan business shall maintain a current and accurate registry of the operators and vehicles associated with the business.

1903.3

Each private sedan business shall display the following information on its website:

(a) The private sedan business's customer service telephone number or electronic mail address;

(b) The private sedan business's zero tolerance policies established pursuant to§§ 1903.9 and 1903.11 of this chapter;

(c) The private sedan business's procedure for reporting a complaint about an operator who a passenger reasonably suspects violated the zero tolerance policy pursuant to§§ 1903.9 and 1903.11 of this chapter; and

(d) A telephone number or electronic mail address for the Office.

1903.4

Each private sedan business shall verify that an initial safety inspection of a motor vehicle used as a private sedan was conducted within ninety (90) days of when the vehicle enters service and that the vehicle passed the inspection and was determined to be safe by a licensed mechanic in the District, pursuant to D.C. Official Code § 47-2851.03(a)(9) or an inspection station authorized by the State of Maryland or the Commonwealth of Virginia to perform vehicle safety inspections, provided however, that an initial safety inspection need not be conducted if the vehicle is compliant with an annual state-required safety inspection.

1903.5

Each safety inspection conducted pursuant to § 1903.4 shall check the following motor vehicle equipment to ensure that such equipment is safe and in proper operating condition:

(a) Brakes and parking brake;

(b) All exterior lights, including headlights, parking lights, brake lights, and license plate illumination lights;

(c) Turn signal devices;

(d) Steering and suspension;

(e) Tires, wheels, and rims;

(f) Mirrors;

(g) Horn;

(h) Windshield and other glass, including wipers and windshield defroster;

(i) Exhaust system;

(j) Hood and area under the hood, including engine fluid level and belts;

(k) Interior of vehicle, including driver's seat, seat belts, and air bags;

(l) Doors;

(m) Fuel system; and

(n) Floor pan.

1903.6

Each private sedan business shall verify the safety inspection status of a vehicle as described in § 1903.5 on an annual basis after the initial safety inspection is conducted.

1903.7

Each private sedan business shall perform the background checks required by § 1903.16 on each applicant before such individual is allowed to provide private sedan service and update such background checks every three (3) years thereafter.

1903.8

Each private sedan business shall establish and maintain a trade dress policy as follows:

(a) A trade dress:

(1) Utilizing a consistent and distinctive logo, insignia, or emblem;

(2) Which is sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least fifty (50) feet;

(3) Which is reflective, illuminated, or otherwise patently visible in darkness; and

(b) A policy requiring the trade dress to be displayed in a specific manner in a designated location on the vehicle at all times when the operator is logged into the private sedan business's associated or affiliated DDS, in a manner consistent with all DMV regulations and other applicable laws, and removed at all other times.

1903.9

Each private sedan business shall establish and maintain a policy of zero tolerance for the use of alcohol or illegal drugs or impairment by the use of alcohol or drugs while a private sedan operator is logged into the private sedan business's associated or affiliated DDS.

1903.10

Each private sedan business shall:

(a) Conduct an investigation when a passenger alleges that a private sedan operator violated the zero tolerance policy established by§ 1903.9; and

(b) Immediately suspend for the duration of the investigation required by subparagraph (b) of this subsection, a private sedan operator upon receiving a written complaint from a passenger submitted through regular mail or electronic means containing a reasonable allegation that the operator violated the zero tolerance policy established by§ 1903.9.

1903.11

Each private sedan business shall establish a policy of zero tolerance for discrimination and discriminatory conduct on the basis of any protected characteristic under D.C. Official Code § 2-1402.31, while a private sedan operator is logged into a private sedan business's associated or affiliated DDS.

1903.12

Discriminatory conduct under § 1903.11 may include but shall not be limited to:

(a) Refusal of service on the basis of a protected characteristic, including refusal of service to an individual with a service animal unless the operator has a documented serious medical allergy to animals on file with the private sedan business;

(b) Using derogatory or harassing language on the basis of a protected characteristic of the passenger under D.C. Official Code§ 2-1402.31;

(c) Refusal of service based on the pickup or drop-off location of the passenger;

(d) Refusal of service based solely on an individual's disability which leads to an appearance or to involuntary behavior which may offend, annoy, or inconvenience the operator or another individual; and

(e) Rating a passenger on the basis of a protected characteristic.

1903.13

It shall not constitute discrimination under § 1903.11 for a private sedan operator to refuse to provide service or to cease providing service to an individual who engages in violent, seriously disruptive, or illegal conduct.

1903.14

Each private sedan business shall:

(a) Conduct an investigation when a passenger makes a reasonable allegation that an operator violated the zero tolerance policy established by § 1903.11; and

(b) Immediately suspend, for the duration of the investigation conducted pursuant to subparagraph (a) of this subsection a private sedan operator upon receiving a written complaint from a passenger submitted through regular mail or electronic means containing a reasonable allegation that the operator violated the zero tolerance policy established by§ 1903.11.

1903.15

Each private sedan business shall maintain records relevant to the requirements of this section for the purposes of enforcement.

1903.16

Each private sedan business shall register private sedan operators in accordance with the following requirements:

(a) Each individual applying to register with a private sedan business ("applicant") shall be at least twenty-one (21) years of age.

(b) A third party accredited by the National Association of Professional Background Screeners or a successor accreditation entity shall conduct the following examinations:

(1) A local and national criminal background check;

(2) The national sex offender database background check; and

(3) A full driving record check.

(c) A private sedan business shall reject an application and permanently disqualify an applicant who:

(1) As shown in the local or national criminal background check conducted in accordance with subparagraph (b) of this subsection, has been convicted within the past seven (7) years of:

(A) An offense defined as a crime of violence under D.C. Official Code§ 23-1331(4);

(B) An offense under Title II of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code§§ 22-3002 et seq.);

(C) An offense under Section 3 of the District of Columbia Protection Against Minors Act of 1982, effective March 9, 1983 (D.C. Law 4-173; D.C. Official Code§ 22-3102);

(D) Burglary, robbery, or an attempt to commit robbery under An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1323; D.C. Official Code§§ 22-801, 22-2801 and 22-2802);

(E) Theft in the first degree under Section 112 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code§ 22-3212);

(F) Felony fraud or identity theft under Sections 112, 121, or 127 b of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code§§ 22-3212, 22-3221, and 22-3227.02); or

(G) An offense under any state or federal law or under the law of any other jurisdiction in the United States involving conduct that would constitute an offense described in subparagraphs (A), (B), (C), (D), (E), and (F) of this paragraph if committed in the District;

(2) Is a match in the national sex offender registry database;

(3) As shown in the national background check or driving record check conducted in accordance with subparagraphs (b)(1) and (b)(3) of this section, has been convicted within the past seven (7) years of:

(A) Aggravated reckless driving under Section 9 (b-1) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code§ 50-2201.04 (b-1));

(B) Fleeing from a law enforcement officer in a motor vehicle under section 10 b of the District of Columbia Traffic Act, 1925, effective March 16, 2005 (D.C. Law 15-239; D.C. Official Code§ 50-2201.05 b);

(C) Leaving after colliding under section 10 c of the District of Columbia Traffic Act, 1925, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code§ 50-2201.05 c);

(D) Negligent homicide under Section 802(a) of An Act To amend an Act of Congress entitled "An Act to establish a Code of Law for the District of Columbia", approved March 3, 1901, as amended, by adding three new sections to be numbered 802(a), 802(b), and 802(c), respectively, approved June 17, 1935 (49 Stat. 385; D.C. Official Code§ 50-2203.01);

(E) Driving under the influence of alcohol or a drug, driving a commercial vehicle under the influence of alcohol or a drug, or operating a vehicle while impaired under Sections 3 b, 3c, or 3e of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code §§ 50-2206.11, 50-2206.12, and 50-2206.14);

(F) Unauthorized use of a motor vehicle under Section 115 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code§ 22-3215); and

(G) An offense under any state or federal law or under the law of any other jurisdiction in the United States involving conduct that would constitute an offense described in subparts (A), (B), (C), (D), (E), or (F) of this part if committed in the District; or

(4) Has been convicted within the past three (3) years of driving with a suspended or revoked license under Section 13(e) of the District of Columbia Traffic Act, 1925, approved March 3,1925 (43 Stat. 1123; D.C. Official Code§ 50-1403.01(e) ), according to the driving record check conducted in accordance with § 1902.16(b).

1903.17

Each private sedan business shall allow its operators to use only vehicles which:

(1) Have a manufacturer's rated seating capacity of eight (8) persons or fewer, including the operator;

(2) Have at least four (4) doors and meet applicable federal motor vehicle safety standards for vehicles of its size, type, and proposed use; and

(3) Are not more than ten (10) model years of age at entry into service and not more than twelve (12) model years of age while in service.

1903.18

A private sedan business may offer service at no charge, suggest a donation, or charge a fare, provided however, that if a fare is charged the private sedan business shall comply with the provisions of § 1604.4.

1903.19

Each private sedan business shall possess the insurance required by § 1905 and be registered with the Office as required by § 1905.4.

1903.20

Each private sedan business shall notify the Office immediately upon the suspension or termination of an operator, by providing the operator's name, address, driver's license information, and the vehicle's make, model, year, color, and tag information.

1903.21

Each private sedan business shall designate and maintain one or more individuals with whom the Office shall be able to communicate at all times for purposes of enforcement and compliance under this title and other applicable laws, whom the private sedan business shall identify in its registration under § 1902.4, and shall maintain an email address dedicated exclusively to the purposes of this paragraph.

1903.22

Each private sedan business shall ensure a private sedan operator cannot log in to the app of the private sedan business's associated or affiliated DDS app while the operator is suspended or after the operator is terminated by the private sedan business.

D.C. Mun. Regs. tit. 31, r. 31-1903

Final Rulemaking published at 63 DCR 338 (1/8/2016)