General requirements for private vehicles-for-hire

A private vehicle-for-hire company shall: (1) Create an application process for a person to apply to register as a private vehicle-for-hire operator; (2) Maintain an up-to-date registry of the operators and vehicles associated with the private vehicle-for-hire company; (3) Provide the following information on its website: (A) The private vehicle-for-hire company’s customer service telephone number or electronic mail address; (B) The private vehicle-for-hire company’s zero tolerance policy established pursuant to paragraphs (9) and (10) of this section; (C) The procedure for reporting a complaint about an operator who a passenger reasonably suspects violated the zero tolerance policy under paragraphs (9) and (10) of this section; and (D) A telephone number or electronic mail address for the Commission; (4) Verify that an initial safety inspection of a motor vehicle used as a private vehicle-for-hire was conducted within 90 days of beginning service and that the vehicle passed the inspection and was determined safe by a licensed mechanic in the District pursuant to § 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, that an initial safety inspection need not be conducted if the motor vehicle used for service is compliant with an annual state-required safety inspection. A safety inspection conducted pursuant to this paragraph 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 levels and belts; (K) Interior of vehicle, including driver’s seat, seat belts, and air bags; (L) Doors; (M) Fuel system; and (N) Floor pan. (5) Verify the safety inspection status of a vehicle as described in paragraph (4) of this section on an annual basis after the initial verification is conducted; (6) Perform the background checks required by § 50-301.29b(b) on each applicant before private vehicle-for-hire service is provided and update those checks every 3 years thereafter; (7) Establish a trade dress as required by § 50-301.29d; (8) Transmit the required amount pursuant to § 50-301.31(b)(11); (9)(A) Establish a policy of zero tolerance for the use of alcohol or illegal drugs or being impaired by the use of alcohol or drugs while a private vehicle-for-hire operator is logged into a private vehicle-for-hire company’s digital dispatch; (B) Immediately suspend, for the duration of the investigation conducted pursuant to subparagraph (C) of this paragraph, a private vehicle-for-hire 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 subparagraph (A) of this paragraph; and (C) Conduct an investigation when a passenger alleges that a private vehicle-for-hire operator violated the zero tolerance policy established by paragraph (A) of this subparagraph; (10)(A) Establish a policy of zero tolerance for discrimination or discriminatory conduct on the basis of a protected characteristic under § 2-1402.31 while a private vehicle-for-hire operator is logged into a private vehicle-for-hire company’s digital dispatch. Discriminatory conduct may include: (i) 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 vehicle-for-hire company; (ii) Using derogatory or harassing language on the basis of a protected characteristic; (iii) Refusal of service based on the pickup or drop-off location of the passenger; or (iv) Rating a passenger on the basis of a protected characteristic; (B) It shall not constitute discrimination under this paragraph for a private vehicle-for-hire operator to refuse to provide service to an individual with disabilities due to violent, seriously disruptive, or illegal conduct by the individual. A private vehicle-for-hire operator shall not, however, refuse to provide service to an individual with a disability solely because the individual’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience the operator or another person; (C) Immediately suspend, for the duration of the investigation conducted pursuant to subparagraph (D) of this paragraph, a private vehicle-for-hire 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 subparagraph (A) of this paragraph; and (D) Conduct an investigation when a passenger makes a reasonable allegation that an operator violated the zero tolerance policy established by subparagraph (A) of this paragraph; (11) Maintain records relevant to the requirements of this section for the purposes of enforcement; and (12) Submit to the Commission for the purposes of registration: (A) Proof that the private vehicle-for-hire company is licensed to do business in the District; (B) Proof that the private vehicle-for-hire company maintains a registered agent in the District; (C) Proof that the private vehicle-for-hire company maintains a website that includes the information required by paragraph (3) of this section; (D) Proof that the private vehicle-for-hire company has established a trade dress required by § 50-301.29d, including an illustration or photograph of the trade dress; (E) A written description of how the private vehicle-for-hire company’s digital dispatch operates; (F) Proof that the private vehicle-for-hire company has secured the insurance policies required by § 50-301.29c; and (G) The certification required by § 50-301.29g; provided, that the Commission shall not impose a registration, licensure, certification, or other similar requirement for a private vehicle-for-hire company to operate in the District that exceeds the requirements set forth in this subchapter.