Section 24-3399. DEFINITIONS

 

3399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

 

Act – Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.01 et seq.).

 

Bicycle lane – a portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

 

Bus – a public or private vehicle having a seating capacity of more than fifteen (15) passengers, exclusive of the driver.

 

Bus operator – a person that operates a bus service, whether directly or through contractors.

 

Commuter bus service- a bus that is used to transport passengers to and from worksites; provided, that this definition shall not include any vehicle owned or operated by the Washington Metropolitan Area Transit Authority.

 

Component device - communications equipment which alone, or as part of a communications network, is used to record, receive, store, or transmit information or data.

 

Department - District Department of Transportation

 

Director - Director of the District Department of Transportation.

 

Mobile storage container - a moveable container that is temporarily placed on the public right-of-way and is used for short-term storage of items, including but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials, and merchandise.

 

MUTCD – the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6, as approved by the Federal Highway Administration.

 

Occupy - to use public right-of-way, public rights of way, or public structures by installing, constructing, reconstructing, excavating, repairing, maintaining, or operating any structure, equipment, vehicle, facility, or other object (including but not limited to pipes, stand-alone conduits, tunnels, posts, or wires), in, over, under, along, through, on, across, or above the public rights-of-way under the jurisdiction of the District of Columbia government for any purpose.

 

Pedestrian – a person travelling on foot or using a wheelchair or motorized wheelchair.

 

Person - an individual, utility, firm, partnership, association, corporation, company, entity, or organization of any kind.

 

Personalized paver - an engraved sidewalk treatment that is inscribed with the name or likeness of an individual or entity.

 

Protected bicycle lane – a bicycle lane which is physically separated from motor vehicle lanes or is buffered from a motor vehicle lane by a combination of roadway markings and delineator posts.

 

Public bicycle path – a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians.  (D.C. Official Code § 50-1609(6) (2012 Repl.)).

 

Public right-of-way – the surface, the airspace above the surface (including air space immediately adjacent to a private structure located in a public right-of-way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk or boulevard.

 

Public Transit Agency - a municipal corporation or government agency (and its agents) that operates a bus, train, van, streetcar, trolley, subway, or rail vehicle for use by the general public.

 

Sharrow lane markings – lane markings which indicate to motorists and bicyclists that the lane is intended to be shared by both motor vehicles and bicycles.

 

Shuttle bus service– a van or bus that is used to transport passengers between worksites.

 

Sidewalk – the paved portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

 

Sightseeing bus service- a bus used for sightseeing and touring purposes, traveling a regular route at scheduled times and with specific stop(s),  which is available to the general public for boarding or discharging at any stop, and used to transport passengers principally between multiple destinations of historic, cultural, architectural, or societal interest within the District of Columbia.

 

Stand-alone conduit - conduit that is not housed inside other conduit.

 

Tour bus service - a bus used for sightseeing and touring purposes, and used to transport passengers principally from one (1) destination to another and back to the original destination. 

 

Van - a public or private vehicle having a seating capacity of between eight (8) and fifteen (15) passengers, exclusive of the driver.

 

 

authority

Sections 4(5)(A) (assigning authority to coordinate and manage public right-of-way permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public right-of-way permit requests to the Department Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department) of the Department of Transportation Establishment Act of 2002 (DDOT Establishment Act), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A)(2012 Repl.), 50-921.04(4)(A)(2012 Repl. & 2013 Supp.), and 50-921.05(b)(2012 Repl.)), and Section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.04 (2013 Repl.)), which was delegated to the Director of the Department of Public Works pursuant to Mayor’s Order 96-175, dated December 9, 1996, and subsequently transferred to the Director of the Department in Section 7 of the DDOT Establishment Act of 2002 (transferring to the Director of the Department all transportation-related authority previously delegated to the Director of the Department of Public Works), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.06 (2012 Repl.)).

source

Final Regulations published at 43 DCR 6581, 6585 (December 13, 1996); as amended by: Final Regulations published at 45 DCR 1644 (March 20, 1998), incorporating the text of Proposed Regulations published at 44 DCR 7186 (November 21, 1997); Final Rulemaking published at 47 DCR 2353, 2358 (March 31, 2000); Final Rulemaking published at 49 DCR 8562, 8565 (September 13, 2002); Final Rulemaking published at 53 DCR 7857, 7859 (September 29, 2006); and Final Rulemaking published at 55 DCR 12279, 12283 (December 5, 2008); as amended by Final Rulemaking published at 60 DCR 11236 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014); as amended by Final Rulemaking published at 61 DCR 10577 (October 10, 2014).