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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-33. PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS |
Section 24-3306. DESIGNATION OF PASSENGER PICK-UP AND DROP-OFF SITES WITH APPROVED SIGNAGE IN THE RIGHT-OF-WAY FOR COMMUTER, SHUTTLE, SIGHTSEEING, AND TOUR BUSES
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3306.1A bus operator that seeks to occupy a public right-of-way by stopping to pick up or discharge passengers in the public right-of-way shall obtain an annual Bus Right-of-Way Occupancy permit from the Department.
3306.2At each location where a bus operator is authorized to occupy public right-of-way to stop to pick up or discharge passengers, the bus operator must post a sign in the public right-of-way notifying the public where the bus will stop to pick up or discharge passengers. No sign may be posted by a bus operator unless the posting of the sign has been approved as part of a Bus Right-of-Way Occupancy permit issued by the Department.
3306.3A bus operator shall provide one (1) of the following four (4) services to be eligible for a Bus Right-of-Way Occupancy permit from the Department:
(a)Commuter bus service;
(b)Shuttle bus service;
(c)Sightseeing bus service; or
(d)Tour bus service.
3306.4Multiple bus operators may obtain permission to post a single sign designating a stop in public right-of-way at which any of the bus operators may stop to pick up or discharge passengers. The fee for an individual shared sign shall not exceed the fee for an individual single operator sign. The fee for a shared sign shall be apportioned on a pro rata basis among the multiple bus operators who have been permitted to post the sign. No shared sign may be posted until the entire fee has been paid by all bus operators permitted to post the sign.
3306.5The application fee for the Bus Right-of-Way Occupancy permit shall be the application fee established in § 225 of this title. Except for a Public Transit Agency, a permittee shall also pay an annual permit fee for each bus sign posted in public right-of-way in the following amounts:
(a) Sign affixed to an existing pole or structure in public right-of-way, or a freestanding or portable sign:
Two hundred fifty dollars ($250) per sign;
(b) Sign affixed to a new pole or structure in public right-of-way as proposed by permittee (new pole or structure to be provided and installed by permittee after receipt of permit):
Five hundred dollars ($500) per sign.
3306.6In addition to the permit fee specified in § 3306.3, the permittee shall pay a technology fee in the amount of ten percent (10%) of the permit fee paid.
3306.7A bus operator seeking an annual Bus Right-of-Way Occupancy permit shall file an application on a form provided by the Department. The form shall include the following information:
(a) Information on the bus operator, including:
(1) The name of the bus operator;
(2) The mailing and physical addresses of the bus operator; and
(3) The phone number, fax number, email address, and website of the bus operator; and
(b) Information on the proposed occupancy of the public right-of-way, including:
(1) The location of all stops in the District of Columbia at which passengers will be picked up or dropped off in the public right-of-way;
(2) The route(s) that the buses will take between any stops within the District of Columbia;
(3) The hours and days for which the bus operator proposes occupying the public right-of-way for the loading and unloading of passengers;
(c) Information on the signs to be posted in public right-of-way at each stop identified in Paragraph (b)(1) of this subsection, including:
(1) A site plan showing the locations of the poles or structures to which proposed signs will be affixed and the locations on the sidewalk where freestanding or portable signs will be placed;
(2) The size, material, and specifications for a new pole, if required;
(3) If the sign is proposed to be affixed to an existing pole or structure, a description of the signs currently affixed to the existing pole or structure;
(4) An actual-size sample of the proposed sign that shall not be larger than twelve inches by eighteen inches (12″ x 18″); and
(5) A description of how the sign will be affixed to the pole or structure in public right-of-way; and
(d) Such other information as may be required by the Department.
3306.8No sign may include an advertisement other than the name and logo of the bus company.
3306.9No bus sign may be posted on a Metrobus pole nor may any bus sign be posted in a marked Metrobus Zone.
3306.10Notwithstanding §§ 3306.5 and 3306.9, a bus operator operating a commuter bus service may attach a sign on a Metrobus pole or install a sign in a marked Metrobus Zone at no cost, provided the bus operator obtains:
(a) A bus right-of-way occupancy permit; and
(b) Approval from the Washington Metropolitan Area Transit Authority (WMATA).
3306.11No bus sign may be posted in any public right-of-way space reserved for metered public parking.
3306.12An application for a Bus Public Right-of-Way Occupancy permit shall be reviewed for conformance with District of Columbia traffic safety requirements, transportation network policies, and streetscape design elements. In determining whether to grant a Bus Right-of-Way Occupancy permit, the Department shall consider the following factors:
(a) The direct impact on pedestrian and vehicular traffic, including bicycle and other non-motorized vehicular traffic;
(b) The bus service schedule, peak hour(s) concentration, and anticipated traffic conditions;
(c) The number of passengers expected to board or disembark at any given time;
(d) The anticipated impact on nearby public transit systems; and
(e) Any other effect of the proposed operations in public right-of-way on public health or safety and the efficient and safe operation of the existing transportation network, including pedestrian, vehicle, and all other modes of transportation.
3306.13Payment in full of the annual permit fee shall be made to the District prior to the issuance of the Bus Right-of-Way Occupancy permit.
3306.14A Bus Right-of-Way Occupancy permit shall expire one (1) year after its effective date. A permittee that seeks to continue to occupy the public right-of-way after the one (1)-year period shall submit a new permit application at least thirty (30) days before the expiration date of the current permit. If all of the information required by § 3306.5 remains unchanged from the most recent application, the new permit application need only contain a statement confirming there have been no changes. If any of the information has changed, the application shall include the information required by § 3306.5 that has changed, along with a statement confirming that there have been no other changes.
3306.15(a) Except as provided for in paragraph (b) of this subsection, no bus operator may occupy public right-of-way to stop and pick up or discharge passengers except in the stops approved as part of a Bus Right-of-Way Occupancy permit.
(b)Notwithstanding paragraph (a) of this subsection, a bus operator may occupy the public right-of-way to stop to pick up or discharge passengers at the nearest reasonable location closest to a stop approved as part of a Bus Right-of-Way Occupancy permit, when the curbside where the approved stop is closed due to one of the following special circumstances:
(1)A special event approved by the Mayor’s Special Events Task Force;
(2)A Temporary Public Space Occupancy permit issued by the Department; or
(3)An order of the Metropolitan Police Department or other law enforcement or emergency response agency of competent jurisdiction.
(c)The bus operator must return to use the approved stop to pick up or discharge passengers as soon as the curbside location closed pursuant to paragraph (b) of this subsection reopens to public use.
3306.16When occupying public right-of-way at an approved stop, the bus operator must be in the process of actively loading or unloading bus passengers and must otherwise abide by all other existing and applicable curbside regulations.
3306.17The Department may revoke a bus operator’s Bus Right-of-Way Occupancy permit and require the permittee to remove its signs and poles from the public right-of-way if the bus operator:
(a) Fails to pay in full its annual permit renewal fee, including fees for any signs; or
(b) Violates any other requirement listed in this section.
3306.18A bus operator already providing service in the District on the effective date of this chapter shall have until March 1, 2014 to apply for and receive a Bus Right-of-Way Occupancy permit.
3306.19Each sign posted in the public right-of-way by a bus operator, and its associated pole or structure, if installed by the bus operator, that does not receive a Bus Right-of-Way Occupancy permit by March 1, 2014, must be removed by the bus operator.
3306.20Starting March 1, 2014, a sign posted in the public right-of-way by a bus operator that does not have a Bus Right-of-Way Occupancy permit or has a Bus Right-of-Way Occupancy permit that has been revoked, may be removed by the Department. The bus operator shall be liable to the Department for the costs of any such removal.
3306.21The District shall not incur any liability for removing a bus operator’s signs or poles. The company whose signs or poles are removed shall be liable to the Department for the costs of the removal.