_________________________ Councilmember Mary M.

Cheh AN AMENDMENT

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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Date: Offered By: Title: Version: July 10, 2012 Councilmember Mary M. Cheh Bill 19-630, the Taxicab Service Improvement Amendment Act of 2012 ___ ___ ___ ___ ___ _x_ ___ ___ Introduced Draft Committee Print Committee Print First Reading Amended First Reading Engrossed Enrolled AINS

Part A. -- Accessibility Amendments 1. Sec. 20h (b) (Page 29) is amended as follows: (a) Subsection (a) is amended by striking the period and inserting the phrase , and the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code 2-1401.01 et seq.). in its place. (b) Sub-subparagraph (b)(2)(A)(ii) is amended by striking The Department of Disability Services and inserting The Office of Human Rights in its place. (c) Subparagraph (b)(3)(B) is amended by striking the word demand and inserting the word need in its place. (d) Strike Subparagraph (b)(3)(D). (e) Subparagraph (b)(3)(E) is amended by striking: (1) The phrase appropriate number and inserting the word need in its place; (2) The word and; (f) Subparagraph (b)(3)(F) is amended by striking the period and inserting a semi-colon in its place. (g) Subparagraph (b)(3)(G) is amended by striking the period and inserting the phrase ; and in its place. (h) New subparagraphs (b)(3)(H) and (I) are added to read as follows: (H) The means by which the District can achieve a fleet of 100% wheelchair accessible taxicabs; and

(I) A proposed timeline and plan, including an analysis of the feasibility, costs, and benefits, for requiring all new taxicabs to be wheelchair accessible when replacing old taxicabs that are removed from service.

Explanation and Rationale This section would add the Office of Human Rights to the Disabled Taxicab Advisory Committee in place of the Department of Disability Services as OHR investigates claims of taxi discrimination, unlike DDS, which is not very involved with disabled taxi issues. It updates language to include culturally sensitive words to describe the demand for accessible taxicab services. It directs the Disabled Taxicab Advisory Committee to examine how the number of accessible taxicabs could be increased by requiring that new taxicabs entering service be accessible.

2.

Sec. 20h (c) (Page 30) is amended as follows: (a) Subparagraph (c)(1) is amended as follows: (1) Strike the phrase or association; and (2) Strike the phrase fleet shall dedicate a substantial percentage of its fleet to accessible taxicabs and insert the phrase fleet as of July 1, 2012, or anytime thereafter shall dedicate a portion of its taxi fleet in its place. (b) Subparagraph (c)(1)(A) is amended to read as follows: (A) At least 6% of each taxi fleet shall be wheelchair-accessible by December 31, 2014.. (c) New subparagraphs (c)(1)(A-1) and (A-2) are added to read as follows: (A-1) At least 12% of each taxi fleet shall be wheelchair-accessible by December 31, 2016. (A-2) At least 20% of each taxi fleet shall be wheelchair-accessible by December 31, 2018. (d) Subparagraph (c)(1)(B) is amended by striking the phrase demand and inserting the phrase need in its place. (e) Subparagraph (c)(3) is amended to read as follows: With the Disability Taxicab Advisory Committee and the Chief Financial Officer, the Commission shall develop a program to provide grants, loans, or other types of financial assistance and incentives to applicants and owners of licensed taxicabs to offset the cost of buying, retrofitting, maintaining, and operating a vehicle for use as a wheelchair-accessible taxicab.. Explanation and Rationale This section would clarify the requirement for taxicab fleets to increase the number of wheelchair accessible vehicles applies only to fleets owned by companies, not taxicabs owned by individual drivers, even if they are associated with a company. It establishes a timeline for taxi fleets to reach the 20% wheelchair accessible requirement and sets interim goals. It directs the Commission to develop a program to provide grants, loans, or other types of financial assistance and incentives to offset the cost of purchasing and operating wheelchair accessible taxicabs.

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 Sec. 20h (f)(1) (Page 31) is amended as follows: (a) Strike the phrase Be retrofitted to accommodate and insert the phrase Accommodate in its place. 3. Explanation and Rationale This section would make a technical change to the description of a wheelchair accessible vehicle.

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4.

Sec. 20h (g) (Page 31) is amended to read as follows: (g) Every licensed taxicab operator accepting fares shall: (1) Stop for a prospective passenger in a wheelchair or mobility device attempting to street-hail a taxicab. The operator shall ask whether the passenger wishes to ride in that taxicab or, if the driver is not driving a wheelchair-accessible taxicab and is affiliated with a taxicab company or association that offers such services, wishes to have the operator contact a dispatch service to send a wheelchair-accessible taxicab. A taxicab operator shall not be subject to the requirements of this subsection while transporting a fare or responding to a dispatched call for service; (2) Grant priority to requests for service from passengers who use wheelchairs, and once dispatched to a call from a customer using a wheelchair shall not accept any other fare while traveling to the fare. In the absence of a request for service to a passenger who uses a wheelchair, a wheelchair-accessible taxicab operator may transport any person; and (3) When accepting fares, if not carrying a passenger or not responding to a dispatched call for service, shall stop and inquire of a prospective passenger in a wheelchair or mobility device attempting to street-hail a taxicab whether the passenger wishes to ride in that taxicab or, if the driver is not driving a wheelchair-accessible taxicab and is affiliated with a taxicab company that offers such services, wishes to have the driver contact a dispatch service to send a wheelchair-accessible taxicab. Explanation and Rationale This section would clarify that an on-duty taxicab without passengers is required to stop for a person in a wheelchair attempting to hail a taxi. If the taxicab cannot transport the person in a wheelchair, the driver would be required to contact a dispatch service if it is affiliated with a company or association.

5.

Sec. 20h (e) (Page 32) is amended as follows: (a) Paragraph 1 is amended to read as follows: (1) Operate wheelchair-accessible taxicabs equipped with dispatch technology and maintain the capacity to communicate with every wheelchair-accessible taxicab operating under their service;. (b) A new paragraph (1A) is added to read as follows: (1A) Grant priority to requests for service from passengers who use wheelchairs, and once dispatched to a call from a customer using a wheelchair, shall not accept any other fare while traveling to the fare. In the absence of a request for service to a passenger who uses a wheelchair, a wheelchair-accessible taxicab operator may transport any person;.

Explanation and Rationale This section would clarify companies or associations operating wheelchair accessible taxicabs must connect those vehicles to a dispatch service. It would also require wheelchair accessible taxicabs to grant priority to persons in wheelchairs.

Part B. -- Uber Amendments 6. Sec. 2 (c)(5A) (Page 5) is amended as follows: (a) Strike the phrase public vehicle-for-hire ride and insert the phrase taxicab ride in its place. Explanation and Rationale This section would clarify that the 50-cent taxicab surcharge applies to taxicabs.

7.

Sec. 20m (a) (Page 36-7) is amended as follows: Strike the phrase The Commission is authorized to promulgate rules and regulations governing the conduct of such vehicles, including, but not limited to and insert the phrase On or before July 1, 2013, the Commission shall promulgate rules and regulations governing the conduct of such vehicles, which may include, but not be limited to in its place. Explanation and Rationale This section would require the Commission to issue rules regarding sedans within 1 year. Currently, the bill permits the Commission to issue regulations but the Commission is not required to do so.

8.

New subsections (c) and (d) are added to the new Sec. 20m (Page 36-7) to read as follows: (c) (1) The minimum fare for sedan-class vehicles shall be five times the drop rate for taxicabs, as established by 31 DCMR 801.3 (a). (2) The time and distance rates for sedan-class vehicles shall be greater than the time and distance rates for taxicabs, as established by as established by 31 DCMR 801.3 (b) and (c). (3) On or after July 1, 2013, affected persons or businesses may petition the Commission to change the requirements of paragraphs (1) and (2) of this subsection by rule for good cause shown. (d) For the purposes of this section, a business that connects its customers to sedans shall be exempt from regulation by the Commission, provided that: (1) The business provides an estimated fare to the customer when a sedan is booked; (2) The method for calculating the fare structure and the applicable rates are provided by the business to the user of the mobile application prior to booking a sedan; (3) Upon completion of the trip, the customer is provided a receipt that lists the origination and destination of the trip, the total distance and time of the trip, and the total fare paid; and

(4) The sedans operating this service are licensed and comply with the requirements of this section.. Explanation and Rationale This section would clarify how sedan services operate. Sedans would be required to charge a minimum fare of 5 times the drop rate for taxicabs. Sedans would be required to charge time and distance rates that are greater as those for taxicabs. These requirements would ensure that sedan service is a premium class of service with a substantially higher cost that does not directly compete with or undercut taxicab service. This section would also clarify that businesses that connect passengers to sedans are exempt from regulation so long as they provide an estimated fare, disclose rates, provide a receipt, and use sedans licensed by the Commission to operate in the District.

Part C. -- Driver Amendments 9. Sec. 20g (Page 24) is amended by striking the entire section. Explanation and Rationale This section would delete the offense of Fleeing a Hack Inspector. Drivers stated that this provision is vague and that imposing the same penalties as fleeing a police officer is too harsh. The Committee on the Environment, Public Works, and Transportation would direct this offense to the Committee on the Judiciary for its consideration.

10.

Sec. 20i (a)(1) (Page 33) is amended as follows: (a) Strike the phrase and is actively searching for a fare or transporting a fare. Explanation and Rationale This section would clarify when the GPS system is active. Specifically, this section would strike language allowing the GPS system to be active when the driver is without a passenger and is searching for a fare. Data on the location of the vehicle would still be available in real-time to emergency personnel when a driver or passenger presses an emergency safety button.

11. Sec. 20i (a)(3) (Page 34) is amended by adding the following text to the end of the existing text: Taxicabs licensed to operate in the District as of the date on which the Commission issues rules to implement this paragraph shall be permitted to maintain their current color scheme; the uniform color and emblem shall apply only to new vehicles entering taxicab service or when owners choose to repaint their existing vehicles.. Explanation and Rationale This section would allow taxicabs currently in service to maintain their current color scheme.

Drivers have expressed concern about the cost of repainting their taxicabs to meet the uniform color scheme that the Commission will adopt. This section would clarify that the new color scheme would only apply when taxicabs are retired and new vehicles enter service; drivers would not have to pay to repaint their vehicles.

12.

Sec. 20k (a) (Page 35) is amended as follows: (a) The section title is amended to read as follows: Sec. 20k. Loitering of public vehicles-for-hire. (b) Strike the phrase unnecessarily slow driving and insert the phrase driving substantially below the speed limit in its place; and (c) Strike the phrase or slow driving and insert the phrase or driving substantially below the speed limit in its place. Explanation and Rationale This section would clarify the offense of loitering by public vehicles-for-hire. Taxicabs have been prohibited from loitering since 1985. This would expand the loitering offense to all public vehicles-for-hire. The existing text would make it unlawful for a driver to engage in unnecessarily slow driving. Drivers have expressed concern that this language is too vague and could allow hack inspectors to abuse their authority and arbitrarily issue citations. This section would clarify the offense of loitering by public vehicles-for-hire by making it unlawful for a driver to driv[e] substantially below the speed limit. This change creates a standard that is more objective.

13.

Sec. 20l (Page 36) is amended by striking the entire section. Explanation and Rationale This section would delete the offense of Refusal to Pay for a Taxicab. This section is being struck for consistency as all criminal offenses are being removed from this legislation. The Committee on the Environment, Public Works, and Transportation would direct this offense to the Committee on the Judiciary for its consideration.

14.

Sec. 20o (Page 37) is amended as follows: (a) Subsection (a) is amended by striking the phrase taxicab or fleets and inserting the phrase or taxicab fleets in its place; and (b) Subsection (b) is amended by adding the following text to the end of the existing text: The Commission shall develop a plan to allow individual drivers to participate in a dispatch system.. Explanation and Rationale This section would allow individual drivers to benefit from a dispatch system. This section also clarifies a typographical error.

Part D. -- Technical Amendments 15. The following technical amendments are made to the bill: (a) Sec. 8 (c)(6)(B) (Page 10) is amended by striking the phrase taxicab and limousine operators and inserting the phrase operators of public vehicles-for-hire in its place. (b) Sec. 8 (b)(15) (Page 11) is amended by striking the phrase taxicab and limousine and inserting the phrase public vehicle-for-hire in its place. (c) Sec. 20 (a) (Page 19) is amended by striking the phrase limousine or taxicab and inserting the phrase limousine, sedan, or taxicab in its place wherever it appears. Explanation and Rationale This section would make requirements for licensing, serving underserved areas, and enforcement applicable to all three classes of vehicles: taxicabs, sedans, and limousines. Currently, sedans were unintentionally omitted from these three provisions.