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DISTRICT DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULEMAKING
The Director of the District Department of Transportation (Department), pursuant to the authority set forth in 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 Supp.), 50-921.04(4)(A)(2012 Supp.), and 50-921.05(b)(2009 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 (2012 Supp.)), 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 (transferring to the Director of the Department all transportation-related authority previously delegated to the Director of the Department of Public Works) (D.C. Official Code § 50-921.06), hereby gives notice of the intent to adopt amendments to Title 24,”Public Space and Safety”, of the District of Columbia Municipal Regulations (DCMR). The amendments will revise Chapter 33, “Public Right-of-Way Occupancy Permits”, to modify the regulations for non-WMATA buses to correspond with the new intercity bus regulations.
Proposed regulations were published in a Notice of Proposed Rulemaking in the D.C. Register on March 11, 2011, at 58 DCR 2242. In response to public comments received, the proposed rulemaking was revised to expand its application beyond sightseeing bus operations; to include a single permit requirement; to require a sign in public right of way at every stop at which the bus will occupy the public right of way to pick up and drop off passengers; to allow pick-up and drop-off in the public right of way at alternate locations when a permitted stop is closed to vehicle access due to certain circumstances; to allow for multiple operations to have a single sign in the public right of way; to have the associated fee for a shared sign be no higher than the fee for a single sign; and to set a date by which bus operators must obtain a permit for picking up and discharging passengers in public right of way. In addition, this rulemaking will repeal the regulations for the occupancy of the public right of way by tour buses because the rulemaking will provide a more efficient use of the public right of way for dropping off and picking up passengers.
Final rulemaking action shall not be taken in less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Chapter 33, PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS, of Title 24, PUBLIC SPACE AND SAFETY, of the DCMR is amended as follows:
Section 3301, OCCUPATION OF PUBLIC SIDEWALKS WITH PERSONALIZED PAVERS, Subsection 3301.6 is amended as follows:
Strike the phrase “3304” wherever it appears and insert the phrase “3310” in its place; and strike the phrase “3304.9; 3304.11 3304.12, and 3304.16” wherever it appears and insert the phrase “3310.9, 3310.11, 3310.12, and 3310.16” in its place, so that the provision reads as follows:
3301.6 All terms and conditions set forth in § 3310 of this Chapter shall apply to Public Rights-of-Way Occupancy Permits issued for personalized pavers, with the exception of 3310.9, 3310.11, 3310.12, and 3310.16.
Section 3304, OCCUPANCY OF THE PUBLIC RIGHT OF WAY BY TOUR BUSES, is repealed.
Section 3306 is amended to read as follows:
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
3306.1 A 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.
3306.2 At 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.
3306.3 A bus operator shall provide one 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.
3306.4 Multiple 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.
3306.5 The 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.
3306.6 In 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.
3306.7 A 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.
3306.8 No sign may include an advertisement other than the name and logo of the bus company.
3306.9 No bus sign may be posted on a Metrobus pole nor may any bus sign be posted in a marked Metrobus Zone.
3306.10 No bus sign may be posted in any public right of way space reserved for metered public parking.
3306.11 An 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.
3306.12 Payment 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.
3306.13 A 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.
3306.14 (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.
3306.15 When 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.
3306.16 The 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.
3306.17 These regulations shall take effect June 1, 2013.
3306.18 A Bus Operator already providing service in the District on the effective date of this chapter shall have until August 1, 2013 to apply for and receive a Bus Right of Way Occupancy permit.
3306.19 Each 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 August 1, 2013 must be removed by the Bus Operator.
3306.20 Starting August 1, 2013, 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.
3306.21 The 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.
Section 3310, GENERAL TERMS AND CONDITIONS, Subsection 3310.2 is amended by striking the phrase “and 3304” where it appears, so that the provision reads as follows:
3310.2 The duration of Public Rights-of-Way Occupancy Permits is as follows, with provisions for renewal thereafter:
(a) Permits issued pursuant to section 3302 shall be valid for twenty (20) years;
(b) Permits issued pursuant to sections 3303 shall be valid for not more than one (1) year; and
(c) All other Permits shall be valid for terms not to exceed ten (10) years.
Section 3399, DEFINITIONS, is amended to read as follows:
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.).
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.
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.
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.
Public rights 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.
Shuttle bus– a van or bus that is used to transport passengers to and from worksites.
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.
Any person interested in commenting on the subject matter in this proposed rulemaking action may file comments in writing, not later than thirty (30) days after the publication of this notice in the D.C. Register, with Sam Zimbabwe, Associate Director, District Department of Transportation, 55 M Street, S.E., 5th Floor, Washington, DC 20003. Comments may also be sent electronically to publicspace.policy@dc.gov. Additional copies of this proposal are available, at cost, by writing to the above address, and are available electronically, at no cost, on the Department’s web site at www.ddot.dc.gov.
