Department:

City of Seattle

Department of Finance and Administrative Services Rule No:

FOR-HIRE TRANSPORTATION-01-2020 Supersedes:

Clerk File 319353

Publication:

Effective:

Subject:

Reimbursement from the Wheelchair Accessible Services Fund Code and Section Reference(s):

SMC 6.310.175

SMC 6.310.140 (rulemaking authority)

Approved:

Division Director

Business Unit Officer

Calvin W. Goings, Department Director

Date

Date

Date

Department:

King County Department of Executive Services

Sponsoring Agency:

Records and Licensing Services Division (RALS) Document Code No.:

FIN-10-3-1-PR Repeals:

FIN-10-3-PR

Publication:

Effective:

Title:

Reimbursement from the Wheelchair Accessible Services Fund Authorities:

KCC 6.64.111

KCC 6.64.021 (rulemaking authority)

Approved:

Department Director

Date

City of Seattle and King County Taxicab, Transportation Network Company Vehicle and For-Hire Vehicle Rules

________________________________________

City of Seattle Director's Rule FOR-HIRE TRANSPORTATION-01-2020 and King County Public Rule FIN-10-3-1-PR Reimbursement from the Wheelchair Accessible Services Fund

Pursuant to an interlocal agreement, the City of Seattle ("City") and King County ("County") work cooperatively to provide for-hire regulatory services to the public. The following rule supersedes City of Seattle Clerk File 319353. King County adopts this rule to replace King County Document Code Number FIN-10-3-PR, which is hereby repealed.

I. Purpose. The City and County each created Wheelchair Accessible Services Funds ("Fund") to ensure the continued viability of wheelchair accessible for-hire transportation service for passengers throughout the City and County. The following rule:

A. Establishes the conditions and procedures for distributing proceeds from the Fund to eligible drivers and owners of Wheelchair Accessible Vehicles as required by the Seattle Municipal Code (SMC) and the King County Code (KCC).

B. Defines the methodology for distributing proceeds from the Fund in a manner that offsets the higher operational costs incurred by the owners and drivers of Wheelchair Accessible Vehicles.

II. Definitions. The following terms have the following meanings when used in this Rule:

A. "City" means the City of Seattle.

B. "Contract Trip" means TPWs performed pursuant to a contract for pickup of passengers as allowed for in SMC 6.310.530 and KCC 6.64.760.

C. "County" means King County.

D. "CPD" means the Consumer Protection Division of the City's Department of Finance and Administrative Services.

E. "DES" means King County's Department of Executive Services.

F. "Director" means the City of Seattle Department of Finance and Administrative Services Director or designee and/or the King County Director of the Department of Executive Services or designee.

G. "FAS" means the City of Seattle's Department of Finance and Administrative Services.

H. "Fund" means the City of Seattle's Wheelchair Accessible Services Fund, King County's Wheelchair Accessible Services Fund, or both.

I. "New" when referring to a vehicle means a vehicle that has not been previously titled.

J. "RALS" means the Records and Licensing Services Division of King County's Department of Executive Services.

K. "Shift" means a driver operating a Wheelchair Accessible Vehicle for a period of no less than four (4) continuous hours within a 24-hour period.

L. "TPW" means any completed trip where a WAV and its driver are dispatched to provide service to one or more passengers in a wheelchair.

M. "Wheelchair Accessible" when referring to a vehicle means the vehicle has been designed or modified to transport passengers in wheelchairs or other mobility devices. Specifically, it refers to vehicles that conform to the vehicle accessibility requirements of the Americans with Disability Act (ADA), as established in Title 49 of the Code of Federal Regulations Chapter 38, Subpart B, and that have been inspected and approved by the Director.

N. "Wheelchair Accessible Taxicab" or "WAT" means a Wheelchair Accessible taxicab that, as a condition of its City and/or County medallion, is specifically required to be Wheelchair Accessible. These include the 50 WATs as of November 1, 2019, and any WAT subsequently awarded a City medallion and/or County medallion through a request for proposal, lottery or other competitive process.

O. "Wheelchair Accessible Vehicle" or "WAV" means both WATs and Voluntary Conversions.

P. "Voluntary Conversion" means a Wheelchair Accessible taxicab, for-hire vehicle, or transportation network company (TNC)-endorsed vehicle that is not required to be Wheelchair Accessible as a condition of the vehicle's medallion or endorsement, but whose owner voluntarily chooses to be Wheelchair Accessible. Voluntary Conversions must be inspected and approved by the Director before transporting passengers in wheelchairs, and must comply with all eligibility requirements established in Sections III.A.1 and III.A.2 of this Rule.

III. Reimbursement from the Fund.

A. General Requirements.

1. All WAVs.

a. In addition to meeting the specific eligibility requirements associated with each reimbursement type established in Section IV of this rule, WAV owners and drivers must remain in compliance on an ongoing basis with the following requirements:

i. Prior to placing the WAV into service and annually thereafter, the vehicle must be inspected and approved for conformance with Title 49 of the Code of Federal Regulations Chapter 38, Subpart B. Inspections must be conducted by approved ASE-certified technicians, and may occur at the same time as the annual uniform vehicle safety inspection.

ii. The Director may require a separate inspection of the installed accessibility equipment to occur each year. During that inspection, the Director may require the vehicle owner and/or any drivers of that vehicle to demonstrate proper wheelchair securement techniques.

iii. Once in service as a WAV, any driver operating the WAV must hold a valid for-hire driver's license or for-hire driver's permit issued by the County with a WAT endorsement attached to their for-hire driver's license or permit. A WAT endorsement demonstrates that the driver has successfully completed training regarding the special needs of passengers in wheelchairs, including but not limited to, loading and tie-down procedures and door-to-door service.

iv. Once in service as a WAV, the driver will provide service to passengers in wheelchairs before any other passenger per SMC 6.310.450.J and KCC 6.64.680.K. Failure to prioritize a trip with a passenger using a wheelchair (TPW) may result in temporary or permanent denial or reduction of reimbursement from the Fund.

b. The Director may deny or limit requests for Fund reimbursement based on driving records, conduct records and/or failure to meet the minimum operating requirements established by City and County Code.

c. The Director may require taxi associations, for-hire vehicle companies, TNCs, and/or licensees to submit additional supporting documentation to ensure compliance with this Rule. The Director may deny or condition reimbursement based on compliance with this subsection.

2. Voluntary Conversions.

a. Anyone interested in voluntarily converting a vehicle to a WAV and accessing the Fund should consult with the Director prior to acquiring or converting a vehicle.

b. Once the owner of a Voluntary Conversion has passed the inspection(s) required by Sections III.A.1.a.i and III.A.1.a.ii of this rule and submitted documentation to CPD and DES, the owner may apply to the Director for written approval indicating eligibility for the Fund reimbursement. Such approval is required for Voluntary Conversions to receive Fund reimbursements.

c. To avoid the impact of additional WAVs reducing fund disbursements below the level anticipated by this rule, the Director may impose a moratorium limiting access to reimbursements from the Fund to vehicles already qualified as of a certain date if:

i. The quantity of WAVs approved for reimbursement under this rule exceeds 20% growth per year. For purposes of calculating the 20%, the baseline for the initial calculation will be 100 WAVs, and the calculation includes both WATs and Voluntary Conversions regardless of whether the WAVs are associated with a City-only, County-only or dual City-County medallion or TNC vehicle endorsement; OR

ii. The balance of the Fund drops below 110% of the sum of all reimbursements made in the previous calendar year; OR

iii. The Director determines that WAV supply exceeds demand for accessible service based on, but not limited to, consideration of the following factors: the actual or anticipated demand for more WAVs in the upcoming year, the total number of TPWs, and any other factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits.

3. Taxi Association, For-Hire Vehicle Company and TNC Obligations. To confirm driver and/or vehicle owner eligibility for the reimbursement types established in this rule, Taxi Associations, For-Hire Vehicle Companies and TNCs will submit dispatch records on the WAV vehicle owners' and drivers' behalf to CPD, in a format specified by the Director. On a monthly basis, CPD must receive:

a. A copy of dispatch records for all completed trips where a WAV and its driver are dispatched to provide service to one or more passengers in a wheelchair (TPW). The record must be submitted in a format specified by the Director, and must include the association, company or TNC name, vehicle number, driver name, for-hire driver's license number, number of passengers in a wheelchair, an indicator of whether the TPW was a Contract Trip, and time, date, zip code and jurisdiction for both start and end of each trip.

b. A copy of dispatch records, in a format specified by the Director, showing the number of Shifts each WAV was in operation, including the start and end date and the start and end time of each Shift and a record of which driver operated the vehicle for each Shift.

B. Reimbursement Categories and Eligibility.

1. Reimbursements for Dispatched Trips to Passengers Using a Wheelchair (TPW).

a. This reimbursement category is payable to eligible WAV drivers. This was established with consideration for the additional load and unload time associated with picking up a passenger in a wheelchair, and the additional expenses associated with prioritizing TPWs regardless of pickup and drop-off location. This category includes any trip where a WAV and its driver are dispatched to provide service to one or more passengers in a wheelchair. There are four (4) categories of TPW reimbursement:

i. Zip Code. The following three (3) TPW reimbursement categories are based on pickup and drop-off zip code. Urban, suburban and rural zones will be defined by zip code, as indicated in the zip code map and table attached to this rule. If a trip originates and terminates in different zones, the greater reimbursement rate will apply. Each trip is eligible for no more than one (1) urban, suburban or rural TPW reimbursement.

1) Urban TPW. TPWs that originate and terminate in an urban location will be reimbursed at the rate of $20 per trip.

2) Suburban TPW. TPWs that originate or terminate in a suburban area will be reimbursed at the rate of $30 per trip.

3) Rural TPW. TPWs that originate or terminate in a rural area will be reimbursed at a rate of $40 per trip.

ii. Additional Passenger(s) in a Wheelchair TPW. For every additional passenger in a wheelchair on a dispatched TPW where the vehicle is equipped to secure all wheelchairs included on the trip, the driver is eligible for $15, in addition to the urban, suburban or rural TPW reimbursement.

b. Contract Trips are not eligible for TPW reimbursement.

c. TPW reimbursements will be paid at least monthly, depending on the City's processing schedule.

2. Shift-Based Reimbursements.

a. For the following reimbursement categories, reimbursements are provided based on the number of Shifts a WAV is operated. There are three (3) categories of Shift-based reimbursements:

i. WAV Fuel Costs. This reimbursement category is payable to eligible drivers and is intended to help offset the additional fuel costs associated with operating WAVs. Because these vehicles must be wheelchair accessible, and therefore larger and heavier, they have a lower fuel efficiency than the industry standard vehicle, the Toyota Prius.

1) The reimbursement for this category was calculated based on the difference in gas mileage between the Toyota Prius and the Toyota Sienna or equivalent vehicle.

2) Each driver is eligible to receive up to $15 per Shift that the vehicle is in operation.

3) No more than three (3) Shifts per vehicle per day are eligible for the WAV Fuel costs reimbursement. All three (3) Shifts must be performed by a different driver.

ii. Off-Peak Shifts. This reimbursement category is payable to eligible WAV drivers and is intended to help offset costs when demand is low but accessible transportation must be available to improve equity of service.

1) Any Shift that includes at least four (4) hours between the hours of 9:00 p.m. and 5:00 a.m. is eligible for the off-peak Shift reimbursement. Each driver is eligible to receive an additional $45. reimbursement per off-peak Shift completed in a WAV.

2) If, after one (1) year after the effective date of this Rule, the Director determines there is insufficient WAV coverage during over-night hours, the Director may change the definition of an off-peak Shift. When determining whether enough WAV coverage during the over-night hours exists, the Director may consider any factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits, particularly during off-peak, over-night hours.

3) No more than two (2) Shifts per vehicle per day are eligible for the off-peak Shift reimbursement. Each off-peak Shift must be performed by a different driver.

iii. Additional Shifts. This reimbursement category is payable to WAV vehicle owners and was established to help offset the costs incurred by vehicle owners for making WAVs available for additional Shifts.

1) Eligible WAV vehicle owners may be reimbursed up to $30 per Shift that the vehicle is operated by a second and/or third driver if the WAV owner or another driver also completed a Shift in the vehicle during the same 24-hour period. Only the second and third Shifts performed in the vehicle in a given 24-hour period are eligible for this reimbursement; the first Shift of the 24-hour period is not eligible.

2) No more than two (2) Shifts per vehicle per day are eligible for the additional Shift reimbursement. Each Shift must be performed by a different driver.

b. WAV Eligibility Requirements for Shift-Based Reimbursements.

i. To be eligible for WAV fuel costs and off-peak Shift reimbursement, the driver must demonstrate that the driver performed a minimum of 20 TPWs during the same calendar month in which the Shift occurred. Contract Trips do not count towards the 20 TPWs required for eligibility.

ii. To be eligible for reimbursement of the additional Shifts reimbursement, the WAV vehicle owner must demonstrate that the vehicle performed a minimum of 20 TPWs during the same calendar month in which the Shift occurred. Contract Trips do not count towards the 20 TPWs required for eligibility.

iii. After one (1) year after the effective date of this rule, the Director may adjust the minimum number of TPWs required for Shift-based reimbursement eligibility, based on consideration of any factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits.

iv. Recognizing current practice, nothing in this rule will mandate owners to make their WAVs available for three shifts during any 24-hour period.

c. Shift-based reimbursements will be paid at least monthly, depending on the City's processing schedule.

3. Reimbursements for Driver Training. This reimbursement category is payable to drivers to offset the cost of completing one (1) additional training course per year, after completing the initial training required for WAT endorsement. The initial training required for WAT endorsement per SMC 6.310.415.E and KCC 6.64.570.D is not eligible for this reimbursement.

a. The City will partner with the County and stakeholders to make courses available to drivers. The Director will publish a list of approved courses that are eligible for the driver training reimbursement.

b. Each eligible WAV driver will be reimbursed for the cost of the approved course if the driver pays for the course and will receive a stipend for the time it takes to complete the training at the taximeter rate of $30 per hour.

c. Reimbursement for driver training is limited to WAV vehicle owners and drivers with a current lease agreement to operate a WAV.

4. Reimbursements for Vehicle Acquisition. This reimbursement category is payable to WAT vehicle owners to help offset the costs associated with acquiring (through purchase or lease) a New WAT vehicle. Eligibility for this reimbursement will end if the vehicle is out of service for more than three (3) consecutive months based on reported Shifts and TPWs. Voluntary Conversions are not eligible for the vehicle acquisition reimbursement.

a. Eligible WAT vehicle owners will receive a vehicle acquisition reimbursement of $6,000 per year until the vehicle turns six (6) years old based on model year. Original receipts are not required for the vehicle acquisition reimbursement, but the owner must confirm the acquisition date through the change of vehicle process.

i. For each WAT vehicle, the total reimbursement for vehicle acquisition and vehicle maintenance and equipment (established in Section III.B.5 of this rule) combined will not exceed $6,000 per year, except in certain circumstances described in Sections III.B.4.f and/or III.B.4.g of this rule.

b. Reimbursement for vehicle acquisition must meet one (1) of the following three (3) criteria:

i. Be the result of having been awarded a WAT medallion in 2020 or later and having purchased a New WAT vehicle; OR

ii. Be the result of replacing a WAT vehicle that would have exceeded, within the next three calendar years, the City's vehicle age limit of 10 years (SMC 6.310.320.C), or had an odometer reading exceeding 350,000 miles, with a New WAT vehicle; OR

iii. Be the result of having purchased a New WAT vehicle to replace an existing WAT in calendar year 2016, 2017, 2018, or 2019.

c. Conditions for reimbursement as a result of a WAT medallion awarded in 2020 or later:

i. The WAT medallion holder must comply with SMC 6.310.330.K and KCC 6.64.420.F, which require the WAT medallion holder to personally drive the vehicle a minimum of 30 hours per week for at least 40 weeks per year for a period of three years following the date of issuance of the new WAT medallion.

ii. After the WAT vehicle has been in operation for a full year and until the vehicle turns six (6) years old, the WAT vehicle owner must demonstrate on an annual basis that the vehicle provided at least 250 TPWs during the previous 365 days. Contract Trips do not count towards the 250 TPWs required for eligibility.

d. Conditions for reimbursement as a result of replacing a WAT:

i. Prior to receiving the first monthly installment and annually thereafter, the WAT vehicle owner must demonstrate that the vehicle (either the vehicle being replaced or the replacement vehicle) provided at least 250 TPWs during the previous 365 days. Contract trips do not count towards the 250 TPWs required for eligibility.

e. After one (1) year after the effective date of this rule, the Director may adjust the minimum number of TPWs required annually for vehicle acquisition reimbursement eligibility, based on consideration of any factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits.

f. For extenuating circumstances outside the three (3) criteria established in Section III.B.4.b of this rule (e.g., premature mechanical breakdown), a WAT vehicle owner may apply to the Director for reimbursement. In determining whether the owner should qualify for the vehicle acquisition reimbursement and in determining the value of the reimbursement that should apply, the Director will consider, among other factors, whether the circumstances are outside of the owner's control, the availability of warranty coverage, and the availability of insurance coverage.

g. The Director may increase the reimbursement amount for vehicle acquisition to cover additional costs associated with purchasing a WAV with the capacity to seat more than one passenger in a wheelchair, with additional features to improve safety, and/or that utilizes a new automotive technology. New automotive technology may include, but is not limited to, hybrid and/or electric WAVs and future innovations in WAV vehicle technology.

h. Reimbursements for vehicle acquisition will be paid in equal monthly installments until the vehicle turns six (6) years old.

i. For New WATs purchased in calendar year 2020 or later, vehicle operating data and reimbursement requests must be submitted to CPD in a format specified by the Director, no later than 30 days after the month in which the vehicle was first acquired and annually thereafter.

ii. For New WATs purchased prior to calendar year 2020, vehicle operating data and reimbursement requests must be submitted to CPD in a format specified by the Director, by Feb. 28, 2020, and annually thereafter.

5. Reimbursements for Vehicle Maintenance and Equipment. This reimbursement category is payable to WAV vehicle owners to help offset the costs associated with vehicle conversion and maintaining an existing vehicle to be wheelchair accessible.

a. WAV vehicle owners who meet the requirements of this rule may be eligible for an annual vehicle maintenance and equipment reimbursement of up to $6,000 per year, depending on vehicle age.

i. For each WAT vehicle, the total reimbursement for vehicle acquisition (established in Section III.B.4 of this rule) and vehicle maintenance and equipment combined will not exceed $6,000 per year, except in certain circumstances described in Sections III.B.4.f and/or III.B.4.g of this rule.

b. As long as the vehicle remains in compliance with this rule, the Director has discretion to allocate the amount of the maintenance and equipment reimbursement for up to three (3) years after a cost has been incurred so long as the amount reimbursed does not exceed the maximum reimbursement allowed by this rule for that period.

c. To be eligible for this reimbursement, the WAV vehicle owner must demonstrate on an annual basis that the vehicle provided at least 250 TPWs during the previous 365 days. Contract Trips do not count towards the 250 TPWs required for eligibility.

i. After one (1) year after the effective date of this rule, the Director may adjust the minimum number of TPWs required for vehicle acquisition reimbursement eligibility, after considering any factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits.

d. The vehicle owner must submit original, itemized receipts for maintenance and equipment costs paid by the vehicle owner. The receipts must clearly show that payment was made for the maintenance performed.

e. The maximum annual reimbursement amount depends on the age of the vehicle (based on model year), as outlined in the following table:

Vehicle Age* Maximum Reimbursement Amount

0-6 years $6,000

7 years $4,800

8 years $3,600

9 years $2,400

10 years $1,200

*Vehicle age is determined based on the model year. For example, a 2017 reimbursement (paid in 2018) for a wheelchair accessible 2010 Toyota Sienna would have a vehicle age of seven (7) years.

f. Reimbursable maintenance costs must be related to installing, repairing, or replacing vehicle equipment necessary for vehicle accessibility for passengers in wheelchairs. Eligible equipment costs include but are not limited to:

i. Wheelchair access ramps and lifts

ii. Wheelchair related safety devices

iii. Door mechanisms on the vehicle's Wheelchair Accessible entrance

iv. Axles

v. Tires (one set per calendar year)

vi. Brakes and rotors

vii. Transmissions

viii. Engines

ix. Suspension systems

x. Wheelchair accessibility signage

xi. Equipment designed to improve vehicle accessibility and passenger convenience (e.g., hearing loops or customer notices in braille)

g. Reimbursements for vehicle maintenance will be paid on an annual basis. Vehicle operating data, receipts and reimbursement requests must be submitted to CPD in a format specified by the Director, no later than February 28 of the following calendar year in which the vehicle was operated.

C. Fund Administration.

1. Reimbursement Transparency. No later than July 1 after the calendar year in which reimbursements from the Fund were made, the City and County will make publicly available a summary report of the various reimbursements made from each respective Fund during the previous calendar year.

a. Following two (2) years of operation from the effective date of this rule, the Director will review, at a minimum, the Fund's balance, reimbursed costs for purchasing and retrofitting WAVs, the actual or anticipated need for purchasing and retrofitting WAVs in the upcoming year, the total number of TPWs and the average operating hours per accessible vehicle to determine whether to adjust the wheelchair accessible services surcharge and/or Fund disbursement amounts by rule to ensure continued accessible service in Seattle and King County. The Director may consider any other factors that may affect supply, demand and financial viability for wheelchair accessible service within Seattle and King County limits.

2. Forms. All forms and submissions described above will be on forms and in a format approved by the Director.

3. Funding Prioritization. Should the Fund balance and/or spending authority be less than estimated for any reporting quarter, the City, the County or both will prorate reimbursements based on historical data and the following prioritization:

a. Reimbursement Categories. (1) reimbursements for TPWs (urban, suburban, rural and additional passenger(s) in wheelchair(s)), WAV fuel costs and off-peak Shifts, (2) additional Shift reimbursements, (3) reimbursements for vehicle acquisition and maintenance and equipment, and (4) reimbursements for driver training.

b. Reimbursement Recipients. (1) WAT drivers, (2) WAT vehicle owners, (3) drivers of Voluntary Conversions, and (3) Voluntary Conversion vehicle owners.

4. Minimum Fund Levels. The Fund must maintain a balance that is at least 110% of the sum of all reimbursements made in the previous calendar year. If this balance is not maintained, the City, the County or both may prorate all payments to owners and drivers or adjust the wheelchair accessible service surcharge.

D. Attachments. The following documents are attached to this rule:

1. Zip code map and table.

2. Reimbursement summary table that summarizes the reimbursement types and eligibility requirements established in this rule.

IV. Implementation.

A. Reimbursements for TPWs and Shifts performed in January 2020 will be calculated according to the provisions of this rule.

B. Reimbursements for eligible vehicle acquisition, maintenance and/or equipment costs incurred in January 2020 will be calculated according to the provisions of this rule.

V. Rule Maintenance.

A. At least annually, the City and County will review and analyze available data to evaluate the effectiveness of the Fund reimbursement program at meeting the following program goals:

1. Ensuring the continued financial viability of WAV service within Seattle and King County limits; and

2. Improving equity of accessible on-demand transportation services available in Seattle and King County.

B. The review may include analysis of any and all available data (e.g., the total number of TPWs, the total number of unfulfilled requests for WAV service, average and maximum wait times, etc., as available) and any other factors that may affect the supply, demand, and financial viability of WAV service within Seattle and King County limits, as well as outreach to current and potential WAV customers.

C. No later than July 1 of the following calendar year in which reimbursements from the Fund were made, the City and County will make publicly available the annual dollar amounts reimbursed to vehicle owners and drivers.

VI. Rule Enforcement. The Director may conduct periodic audits of trip, shift and other data to ensure compliance with this rule, including fraud detection and prevention.

[THIS PAGE INTENTIONALLY LEFT BLANK]