Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                              A BILL

 2

                                              25-416

 4

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 6

                                         ______________

 8

 To amend the District of Columbia Taxicab Commission Establishment Act of 1985 to authorize

       the Department of For-Hire Vehicles to regulate and enforce traffic laws against carrier-

       for-hire vehicles; to establish definitions related to carriers-for-hire, trade dress, and

       delivery mode; to update DFHV agency organization to include carriers-for-hire; to

       expand duties, jurisdiction, and powers to include carriers-for-hire; to establish

       requirements of carriers-for-hire, including registration with DFHV, verification of the

       vehicle in use by an operator, and data disclosure standards; to require a carrier-for-hire

       operator to register with a carrier-for-hire company; authorizes DFHV to issue rules

       regarding background check requirements; to require any motor vehicle used by a carrier-

       for-hire operator to carry insurance pursuant to section 4 of the Compulsory/No Fault

       Motor Vehicle Insurance Amendment Act of 1982 and require the DFHV Director to

       report findings and recommendations to Council regarding insurance requirements for

       carriers-for-hire; to outline trade dress requirements for carriers-for-hire, to be approved

       by DFHV, and permit operators not using a motor vehicle to display trade dress by other

       means; to establish a goal and authorize programs to shift carrier-for-hire delivery modes

       to more sustainable vehicles; and to update trade dress requirements for private vehicles-

       for-hire, requiring that trade dress approved by DFHV be displayed on all windows of the

       vehicle adjacent to where passengers may sit in the rear of the vehicle.

27

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “Carrier-for-Hire Oversight and Enforcement Amendment Act of 2024”.

        Sec. X. The District of Columbia Taxicab Commission Establishment Act of 1985,

 effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.), is amended

 as follows:

        (a) Section 4 (D.C. Official Code § 50-301.03) is amended as follows:

                (1) New paragraphs (3A) through (3H) are added to read as follows:

                                                     1

                                                                            ENGROSSED ORIGINAL

                “(3A) “Carrier-for-hire” means a class of transportation service by which a

 network of private operators, couriers, or carriers provide delivery, by any means or mode of

 transportation, of parcels, food, or beverages in the District for compensation.”.

                “(3B) “Carrier-for-hire company” means an organization, corporation,

 partnership, or sole proprietorship, operating in the District that uses digital dispatch to connect

 customers to a network of carrier-for-hire operators. The term:

                        “(A) Includes a third-party meal delivery platform, as that term is defined

 in section 2(6) of the Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-

 292, D.C. Official Code § 48-651(6)); and

                        “(B) Does not include a courier company, as that term is defined in section

 2(2) of the Commercial Bicycle Operators Licensing Act of 1987, effective March 29, 1988

 (D.C. Law 7-97; D.C. Official Code § 50-1631(2)).

                        (C) Does not include an individual or entity that delivers cannabis with a

 valid courier license issued pursuant to section 6a of the Medical Cannabis Amendment Act of

 2022, effective March 22, 2023 (D.C. Law 24-332; D.C. Official Code § 7-1671.05a).

                “(3C) “Carrier-for-hire operator” means an individual who provides carrier-for-

 hire services for a carrier-for-hire company on a contract basis. The term:

                        “(A) Includes a food delivery worker, as that term is defined in section

 2(2A) of the Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-292; D.C.

 Official Code § 48-651(2A)); and

                                                       2

                                                                             ENGROSSED ORIGINAL

                        “(B) Does not include an individual employee delivering parcels, food, or

 beverages on behalf of the individual’s employer, where the employer is a business primarily

 responsible for the production of the items or goods being transported.

                “(3D) “Carrier-for-hire industry” means all carriers-for-hire, including companies,

 associations, owners, operators, or any person who, by virtue of employment, contract, or office,

 is directly involved in providing carrier-for-hire services within the District.

                “(3E)(A) “Class 1” means any of the following delivery modes:

                                “(i) Pedestrians;

                                “(ii) Electric mobility devices;

                                “(iii) Bicycles;

                                “(iv) Electric bicycles; and

                                “(v) E-cargo bikes.

                        “(B) For the purposes of this paragraph the term:

                                “(i) “E-cargo bike” shall have the same meaning as provided in

 section 9s(4) of the Department of Transportation Establishment Act of 2002, effective May 21,

 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.27(4)).

                                “(ii) “Electric bicycle” shall have the same meaning as provided in

 section 9s(5) of the Department of Transportation Establishment Act of 2002, effective May 21,

 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.27(4)).

                                                        3

                                                                              ENGROSSED ORIGINAL

                                    “(iii) “Electric mobility device” shall have the same meaning as

 provided in section 2(6A) of the District of Columbia Traffic Act, 1925, approved March 3, 1925

 (43 Stat. 1119; D.C. Official Code § 50-2201.02(6A)).

                 “(3F) “Class 2” means an electric-powered motor vehicle that:

                         (A) Has a seat or saddle for the use of the operator and is designed to

 travel on no more than 3 wheels in contact with the ground;

                         (B) Is a motor-driven cycle or a motorcycle, as those terms are defined in

 18 DCMR § 9901.1; and

                         (D) Is not a Class 1 delivery mode.

                 “(3G) “Class 3” means a motor vehicle powered by an internal-combustion

 engine that:

                         (A) Has a seat or saddle for the use of the operator and is designed to

 travel on no more than 3 wheels in contact with the ground;

                         (B) Is a motor-driven cycle or motorcycle, as those terms are defined in 18

 DCMR § 9901.1; and

                         (D) Is not a Class 1 delivery mode.

                 “(3H) “Class 4” means all motor vehicles not classified as Class 1, 2, or 3.

                 (2) Paragraph (9A) is redesignated as paragraph (9A-i).

                 (3) Paragraphs (8A), (8A-i), and (8B) are redesignated as paragraphs (9A-ii), (9A-

 iii), and (9A-iv), respectively.

                                                          4

                                                                             ENGROSSED ORIGINAL

                 (4) A new paragraph (9A) is added to read as follows:

                 “(9A) “Delivery mode” means the means of transportation used by a carrier-for-

 hire operator to provide delivery service.

                 (5) The newly designated paragraph (9A-ii) is amended to read as follows:

                 “(9A-ii) “Digital dispatch” means the hardware and software applications and

 networks, including mobile phone applications, which passengers and operators use to provide

 vehicle-for-hire service and carrier-for-hire service.”.

                 (6) A new paragraph (14A) is added to read as follows:

                 “(14A) “Motor vehicle” shall have the same meaning as provided in section 2(11)

 of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C.

 Official Code § 50-2201.02(11)).”.

                 (7) A new paragraph (29A) is added to read as follows:

                 “(29A) “Trade dress” means a unique marketing logo, insignia, or emblem for

 display on a vehicle that identifies, distinguishes, and is substantially inseparable from the source

 of a product or service, using a specific style to differentiate from competitors.”.

                 (8) Paragraph (30B) is amended as follows:

                         (A) Strike the phrase “regulations governing public and private vehicle-

 for-hire service” and insert the phrase “regulations governing public and private vehicle-for-hire

 service and carrier-for-hire service” in its place.

                                                            5

                                                                                 ENGROSSED ORIGINAL

                            (B) Strike the phrase “traffic stops of public and private vehicles-for-hire,

 pursuant to protocol prescribed” and insert the phrase “traffic stops of public and private

 vehicles-for-hire and carrier-for-hire vehicles, pursuant to protocol prescribed” in its place.

         (b) Section 7(a) (D.C. Official Code § 50-301.06(a)) is amended as follows:

                  (1) Paragraph (1) is amended as follows:

                            (A) Subparagraph (G-i) is amended by striking the phrase “private

 vehicle-for-hire companies to the extent authorized by section 20j-7(b).” and inserting the phrase

 “private vehicle-for-hire companies and carrier-for-hire companies to the extent authorized by

 this act.” in its place.

                            (B) Subparagraph (I) is amended to read as follows:

                            “(I) Serving as a liaison between the DFHV and the District Department of

 Transportation, the Department of Public Works, the Metropolitan Police Department, and other

 relevant agencies on policies related to transportation and traffic safety enforcement.”.

                            (C) A new subparagraph (I-i) is added to read as follows:

                            “(I-i) Serving as a liaison between the DFHV and other relevant District

 agencies on policies related to the carrier-for-hire industry.”.

                  (2) Paragraph (2) is amended by striking the phrase “related to the regulation of

 the vehicle-for-hire industry” and inserting the phrase “related to the regulation of the vehicle-

 for-hire industry and carrier-for-hire industry” in its place.

                                                           6

                                                                             ENGROSSED ORIGINAL

                 (3) Paragraph (3) is amended by striking the phrase “communicating with and

 educating the public and the vehicle-for-hire industry” and inserting the phrase “communicating

 with and educating the public, the vehicle-for-hire industry, and the carrier-for-hire industry” in

 its place.

                 (4) Paragraph (4)(F) is amended as by striking the phrase “Performing vehicle-

 for-hire inspections” and inserting the phrase “Performing public and private vehicle-for-hire and

 carrier-for-hire inspections” in its place.

                 (5) Paragraph (5) is amended by striking the phrase “and dispatch services,” and

 inserting the phrase “dispatch services, and carrier-for-hire owners and operators,” in its place.

         (c) Section 8 (D.C. Official Code § 50-301.07) is amended as follows:

                 (1) Subsection (b-1) is amended to read as follows:

         “(b-1) The DFHV shall employ vehicle inspection officers to enforce the laws, rules, and

 regulations pertaining to vehicles-for-hire and carriers-for-hire. A primary function of vehicle

 inspection officers shall be to ensure the proper provision of service and to support safety

 through street enforcement efforts, including traffic stops of public and private vehicles-for-hire

 and carriers-for-hire, pursuant to protocol prescribed by the DFHV.”.

                 (2) Subsection (c) is amended as follows:

                         (A) Paragraph (19) is amended by striking the phrase "; and" and inserting

 a semicolon in its place.

                         (B) A new paragraph (19A) is added to read as follows:

                                                       7

                                                                             ENGROSSED ORIGINAL

                “(19A) Establish rules relating to the enforcement of traffic regulations against

 carrier-for-hire vehicles; and”.

        (e) Section 20j-4 (D.C. Official Code § 50-301.29d) is amended to read as follows:

        “Section 20j-4. Trade dress requirements for private vehicles-for-hire.

        “(a) A private vehicle-for-hire shall display a trade dress approved pursuant this section

 at all times while the operator is logged into the private vehicle-for-hire company’s digital

 dispatch. The trade dress shall be affixed on the windows of the vehicle-for-hire adjacent to

 where passengers may sit in the rear of the vehicle. All trade dress required pursuant to this

 section shall be approved for display by the DFHV. Approved trade dress shall be:

                “(1) Sufficiently large and color contrasted so as to be readable during daylight

 hours at a distance of at least 50 feet; and

                “(2) Reflective, illuminated, or otherwise patently visible in darkness.

        “(b) In addition to the requirements of this section, the DFHV may require private

 vehicles-for-hire to display a standardized and clearly-identifiable insignia indicating to

 consumers that a private vehicle-for-hire company is licensed to do business in the District.

        “(c) A private vehicle-for-hire company shall provide an operator with trade dress

 compliant with the requirements of this section before the operator begins providing service for

 the company.”.

        (d) New sections 20j-8 through 20j-13 are added to read as follows:

        “Sec. 20j-8. General requirements for carriers-for-hire.

                                                       8

                                                                                ENGROSSED ORIGINAL

         “(a) A carrier-for-hire company shall:

                    “(1) Create an application process for an individual to apply to register as a

 carrier-for-hire operator;

                    “(2) Maintain an up-to-date registry of each carrier-for-hire operator (“operator”)

 and vehicle associated with the carrier-for-hire company;

                    “(3) Require an operator to verify the vehicle the operator will use while logged

 into the company’s digital dispatch;

                    “(4) Submit to the DFHV for the purposes of registration:

                           “(A) Proof that the carrier-for-hire company is licensed to do business in

 the District and, if applicable, registered pursuant to section 6 of the Fair Meals Delivery Act of

 2022, effective March 10, 2023 (D.C. Law 24-292, D.C. Official Code § 48-655);

                           “(B) Proof that the carrier-for-hire company maintains a registered agent

 in the District;

                           “(C) An illustration or photograph of trade dress established by the

 company, as required by section 20j-11; and

                           “(D) A written description of how the carrier-for-hire company’s digital

 dispatch operates;

                    “(5) Submit to the DFHV and the District Department of Transportation the

 following information in a format and frequency approved by the Director:

                                                           9

                                                                             ENGROSSED ORIGINAL

                         “(A) The total number of operators that utilized the company’s digital

 dispatch in the District;

                         “(B) The registry of operators and vehicles associated with the carrier-for-

 hire company;

                         “(C) A log of anonymized data relating to deliveries, which shall include

 the following categories of information for each delivery originating or terminating inside of the

 District:

                                “(i) The latitude and longitude of where each delivery originated,

 calculated to 4 decimal degrees;

                                “(ii) The latitude and longitude for the point at which each delivery

 terminated, calculated to four decimal degrees; and

                                “(iii) The date and time of request, pick-up, and drop-off; and

                                “(iv) The delivery mode by class (Class 1, Class 2, Class 3, or

 Class 4) used by the carrier-for-hire operator;

                                “(v) The total cost to the customer for the order, including

 delivery, service, or other fees charged to the customer; and

                                “(vi) The total miles driven, including both while en route to a

 pick-up point and while en route to a drop-off point, in the District by operators that utilized the

 carrier-for-hire company’s digital dispatch; and

                                                         10

                                                                             ENGROSSED ORIGINAL

                        “(D) Any additional data that the DFHV or DDOT deems necessary for

 inclusion as set forth in rules adopted by the Mayor; provided, that such rules specify that such

 data shall be anonymized and may be used only for the purposes of public safety, congestion

 management, and transportation planning, including curbside management, road improvements,

 traffic management, transit service planning, and the allocation of public monies for those

 purposes; and

                 “(6)(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 carrier-for-hire operator is logged into a

 carrier-for-hire company’s digital dispatch;

                        “(B) Immediately suspend, for the duration of the investigation conducted

 pursuant to subparagraph (C) of this paragraph, a carrier-for-hire operator upon receiving a

 written complaint from a customer 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