The District of Columbia Taxicab Commission (DCTC or Commission) has specific rules regarding Complaints:
- how to file complaints,
- how these complaints are processed,
- how they are investigated, and
- and what sanctions apply to complaints where the driver/owner is determined to have violated the Commissions regulations.
These rules are found in Chapters 7, 8 and 10 of the Commission's regulations at Title 31 of the District of Columbia Municipal Regulations (DCMR).
What should I do to file a Complaint with the Commission?
Your Complaint must be filed within thirty (30) calendar days after the event giving rise to the Complaint and must be in writing, signed by you, and contain your address and telephone number. (See section 701.3). The Commission does accept emails. The Commission also has a Complaint Form which is available at our website or from our Office. You may also call us at (202) 645-6018.
Deliver or mail your Complaint to: Attn: Complaints
Office of Taxicabs DC Taxicab Commission
2041 Martin Luther King Jr. Ave. SE
Suite 204
Washington, DC 20020-7024
You may fax your complaint to: (202) 889-3604
What happens after I file my Complaint with the Commission?
Your Complaint will undergo the processes or steps identified below:
Step #1 – We record your Complaint in our data bank and create a file;
Step #2 – We acknowledge receipt of your Complaint. Sometimes, in this step, we may need to clarify
information in your Complaint or we may direct you to transmit your Complaint to another
agency, such as the Washington Metropolitan Area Transit Commission, if your Complaint is
about a fare charged by a District-licensed taxicab engaged in interstate transportation (i.e.
fare overcharges from the District to the airports);
Step #3 – We identify the driver/owner, if your Complaint does not provide this information. At this point,
sometimes, a complaint cannot be processed or investigated further because the information
provided is inaccurate – for example, the license number may not be accurate and we cannot
identify the driver because of this inaccuracy;
Step #4 – We investigate your Complaint and are required under our regulations to take action within a
certain period of time based on the response from the driver/owner. We have identified this
step as the Phase I – Investigation Stage;
Step #5 – We continue our investigation, if there is not a clear determination in Step #4 above and if, for
example, we need additional corroborating evidence from law enforcement officials, or we
believe we can mediate a resolution to your Complaint. We have identified this step as the
Phase II – Investigation Stage; and
Step #6 – This step occurs where the driver/owner requests a review or a hearing on the proposed
sanction. We have identified this step as the Review or Hearing/Appeal Phase.
What is involved in the Phase I - Investigation Stage of my Complaint?
Within ten (10) days of receipt of your Complaint, we are required by our regulations to notify the driver/owner, by certified mail, return- receipt requested, that a complaint has been filed with us; (See section 701.6).
Our notification directs the driver/owner to provide the Office with copies of his/her Manifest records and to contact the Office to schedule a meeting with our staff, where we present the driver or owner with your Complaint and require the driver/owner to provide the Office with a Response within ten (10) days of receipt. (See section 701.7).
Sometimes this phase is prolonged because the driver fails to respond or the mail is returned as “undeliverable.” We will then resend the notification by first class mail. Failure to respond to our efforts will result in the driver being fined for failing to respond to enforcement personnel (Section 825.1 - $50) and failure to update information (address) with the Commission (Section 825.1 - $100). If the driver does not respond, the Office will target the renewal of his/her Identification Card to ensure that all fines are paid and that he/she responds to the Complaint before the Identification Card will be renewed. In addition, if the driver rents his vehicle, the Office will notify the owner of the vehicle of the violations and that the Face Identification will not be renewed until the penalties and the complaint have been addressed. If the driver is the owner of the vehicle, the Office will also notify the Department of Motor Vehicles that the vehicle’s registration as a taxicab cannot be renewed until the driver responds to the Office and addresses the complaint.
What types of proposed sanctions can be applied to the driver/owner, where, in response to my Complaint, the Office concludes that the driver/owner is in violation of the Commission’s regulations?
The driver/owner could be subject to a civil fine or criminal penalty and, depending on the severity of the violation, could also be subject to having his/her license suspended or revoked. See sections 703.1 and 703.2).
Civil Fine: Our regulations provide that any driver/owner, upon determination of liability for violation of any of the Commission’s rules, may be subject to a civil fine, not to exceed five hundred dollars ($500), for each violation. (See Section 703.1) In addition to the civil fine, failure to pay the fine or request a hearing within fifteen (15) calendar days of the issuance of a notice of infraction (ticket) may result in the imposition of a penalty equal to the amount of the civil fine. (See section 825.2).
Criminal Sanctions: By law, the Office can prosecute a number of violations criminally (such as soliciting passengers and loitering). The Commission can also seek criminal prosecution in lieu of imposing civil fines for driving or operating a public vehicle for hire without a license or failing to have that license displayed within the vehicle. (See sections 824.2 and 824.3).
License Suspension/Revocation: In addition to a monetary fine, the Office can recommend to the Commission’s Panel on Consumer & Industry Concerns that it suspends or revokes the license of any driver/owner for violation of any of the Commission's rules. (See section 703.2)
How are the levels of monetary fines determined and are there specific monetary fines for specific violations?
Generally, complaints to the Commission fall into the following five (5) categories:
a. Behavior; b. Overcharges; c. Refusals to Haul; d. Traffic; and e. Miscellaneous.
The fine for Refusals to Haul is specifically listed in the Commission's regulations
(See Fine Schedule at Section 825.1, “Refusal to Haul Fine: $250.00”).
The regulations also provide that the civil fine shall be doubled for the second violation of the same infraction, and shall be doubled once more for any subsequent violation or violations of the same infraction. (See section 825.4).
The fines for other categories of complaints are determined by the Commission on a case-by-case basis using a Gravity Based Offense Guideline developed by the Office.
When does the Commission act to suspend or revoke a permit?
The following three (3) groups of activities by driver/owners can result in the Commission taking action to revoke or suspend a permit:
Group #1 – Activities which are immediate threats to public health safety and welfare (See section 1005.6);
Group #2 – Activities which have resulted in the applicant no longer meeting the license qualifications (See section 1005.6); and
Group #3 – Activities which are repeated violations of licensing, safety and operational requirements (See section 703.2).
What is the Review or Hearing/Appeal Phase and what is involved?
Review Phase: Can occur where the Office proposes to suspend or revoke a license, and the licensee seeks a review of the proposed action before the Commission’s Panel on Consumer & Industry Concerns.
Hearing/Appeal Phase: Can occur in the following two (2) instances:
Instance #1 – When the Office issues a fine ticket (Notice of Infraction) to the driver/owner. The driver/owner can seek a hearing before the District's Office of Administrative Hearings (OAH), the central body within the District government authorized to conduct hearings and hear appeals of agency actions. At that hearing, you, (the Complainant) could be called as a witness. The outcome of the hearing can turn on who is most credible.
Failure of a driver/owner to appear before the OAH for a scheduled hearing may result in a default judgment against the driver/owner. (See section 825.3). Where you, (the Complainant), fail to appear for a scheduled hearing, this could result in dismissal of your Complaint by OAH. (See section 702.4).
Instance #2 – When the Commission moves to revoke or suspend a license, the Licensee can appeal the Commission’s action to the OAH.
What happens to the driver, who is issued a fine and seeks a hearing at OAH, and the judge issues an order supporting the fine and the violation?
When the OAH supports or imposes a monetary fine pursuant to a hearing or in a default judgment, the driver/owner must pay the fine within thirty (30) calendar days after the date of the order. (See section 702.5).
No taxicab operator identification card or taxicab vehicle license can be renewed if any fines remain unpaid by the driver/owner at the time of renewal. (See section 702.6).
What can I do to assist the Commission with my Complaint?
Any corroborating witnesses or other supporting information, such as receipts are helpful. You may ask for a receipt from the driver which should include the following:
The driver’s name,
The driver’s identification card number, which consists of five (5) numbers,
The vehicle tag number, which consists of the letter “H” followed by 5 numbers, and
The time and date,
The amount of the fare; and
The Commission's complaint phone number.
As indicated, at a hearing on your Complaint, the case can turn on who is more credible.
To avoid your Complaint being dismissed because the information you have provided does not allow us to identify the driver/owner, please observe the following documents, which contain identifying information and are required to be displayed in each taxicab:
The Passenger Rights, which is displayed on the back of the rear front passenger seat (right front passenger seat), has the name of the cab company, the cab number and the Vehicle Tag number (which consists of the letter “H” followed by five (5) numbers); and
The Driver’s Face Identification, which is displayed on the right front passenger visor, has the driver’s picture and Identification number. The Identification number consists of five (5) numbers.