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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 5(3)(D) (allocating and regulating on-street parking) and 6(b) (transferring to the Department the parking management function previously delegated to the Department of Public Works under section III (H) of Reorganization Plan No. 4 of 1983) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04(3)(D) and 50-921.05(b)), section 3 of the Commercial Curbside Loading Zone Implementation Act of 2009, effective October 22, 2009 (D.C. Law 18-66; D.C. Official Code § 50-2652), and Mayor’s Order 2010-63, dated April 15, 2010, hereby gives notice of the intent to adopt the following rulemaking to amend chapter 24, “Stopping, Standing, Parking, and other Non-Moving Violations,” and chapter 26, “Civil Fines for Moving and Non-moving Infractions,” of title 18, “Vehicles and Traffic,” of the District of Columbia Municipal Regulations (DCMR).
This rulemaking will establish a curb loading zone management program and a commercial permit parking program.
Final rulemaking action shall be taken in not less than thirty (30) days after the date of publication of this notice in the D.C. Register. In addition, this rulemaking proposal will be submitted to the Council of the District of Columbia for a thirty (30) day review period. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the thirty (30)-day review period, the proposed rules will be deemed approved by the Council.
Chapter 24 of Title 18 of the DCMR is amended as follows:
Section 2402, “Loading Zones,” is amended to read as follows:
2402 LOADING ZONES
2402.1 The Director of the District Department of Transportation (DDOT) hereby establishes a loading zone management program for the following purposes:
(a) To regulate the parking of commercial vehicles in loading zones and at metered curbside parking spaces in areas zoned as commercial or industrial, or at the usual delivery entrance of a hotel, condominium, or apartment building; and
(b) To restrict non-commercial vehicles from parking in loading zones.
2402.2 At each loading zone, the Director of DDOT shall install and maintain signs designating the commercial vehicle parking zone where the loading zone is located and stating the hours during which the provisions of the loading zone restrictions apply.
2402.3 A commercial motor vehicle may park within a loading zone, if it meets one (1) of the following conditions:
(a) The commercial motor vehicle displays an annual loading zone permit purchased by a company for all commercial motor vehicles owned by the company;
(b) The commercial motor vehicle displays a loading zone day-pass purchased by a company for a single commercial motor vehicle owned by the company; or
(c) The commercial motor vehicle is parked at an unexpired single space meter or displays an unexpired receipt from a multi-space meter.
2402.4 In a block where a loading zone has been designated by official signs, no person shall load or unload materials from a commercial motor vehicle except from within the designated loading zone(s). In addition, no person shall load or unload material from the designated loading zone during any period of time when parking and standing is prohibited on the block, such as during rush hour parking restriction periods.
2402.5 No person shall park or stop a vehicle in a loading zone during the hours applying to the zone, except:
(a) The operator of a commercial vehicle for the purpose of loading or unloading; or
(b) The operator of a passenger vehicle carrying fifteen (15) passengers or fewer, if the operator is stopping momentarily within a loading zone to pick up a passenger or passengers and if such stopping does not interfere with a commercial vehicle that is within the loading zone or is waiting to enter the loading zone.
2402.6 A commercial motor vehicle shall park in a commercial loading zone for no longer than the time indicated on the signs or parking meters in that zone; provided, that where no signs are present, the maximum amount of time a commercial motor vehicle may park in a commercial loading zone is two (2) hours.
2402.7 No person shall park a commercial motor vehicle in a loading zone longer than the time required to load or unload the vehicle.
2402.8 When parking in a loading zone, the operator of a motor vehicle that does not have a valid loading zone annual permit or day-pass shall, immediately after parking, pay for the amount of time desired.
2402.9 If payment is made through a multi-space parking meter, the motor vehicle operator shall place the receipt or other proof of payment provided by the multi-space parking meter inside the vehicle on the passenger side so that the time limit printed on the receipt or proof of payment is clearly visible through the passenger side window.
2402.10 A vehicle may occupy the space up to the time limit indicated on the receipt or parking meter, or as authorized by the loading zone annual permit or day-pass, but in no case for longer than two (2) hours.
2402.11 The fee to park a commercial vehicle within a loading zone served by a parking meter shall be five dollars ($5.00) per hour; provided, that the Director may specify a different fee and such fee shall be shown on the meter.
2402.12 A commercial motor vehicle shall be considered illegally parked at a parking meter in a loading zone if:
(a) The time on the parking meter has expired or the expiration time indicated on the parking meter receipt displayed on the vehicle has lapsed;
(b) The vehicle does not display a receipt in the manner required by § 2402.9; or
(c) The commercial motor vehicle does not display a valid loading zone permit or pass issued pursuant to the commercial permit parking program described in
§ 2428.
2402.13 A commercial motor vehicle displaying a receipt issued by a multi-space parking meter may use the receipt to park in any unoccupied parking metered loading zone in the District until the expiration time shown on the parking meter receipt has lapsed, so long as the vehicle is being loaded or unloaded.
Section 2424, “Performance Parking Pilot Zones,” is amended as follows:
The lead-in language of subsection 2424.8 is amended to read as follows:
2424.8 Notwithstanding §§ 2402, 2404, 2424.7, 2411, 2412, 2413, 2414, and 2428, the initial rates for parking meters in the Ballpark Performance Parking Pilot Zone shall be as follows:
Subsection 2424.12 is amended to read as follows:
2424.12 The civil infractions and their respective fines set forth in §§ 2404 and 2428 shall apply to the provisions in this section, except that fines during Ballpark Events shall be double the fines set forth in §§ 2404 and 2428 or set forth elsewhere in this Chapter for non-Ballpark Event times.
New sections 2428 through 2433 are added to read as follows:
2428 COMMERCIAL PERMIT PARKING; ANNUAL PASS
2428.1 There is established a commercial permit parking program (“CPP program”) to provide commercial motor vehicle owners the option to purchase an annual parking pass for a commercial motor vehicle to park in loading zones or at curbside parking spaces within designated commercial permit parking zones instead of paying for parking at the meter in those zones.
2428.2 The Director of DDOT shall provide a decal to a participating commercial motor vehicle owner to affix to each commercial motor vehicle in the owner’s fleet that is participating in the CPP program.
2428.3 The commercial parking permit decal shall display the following information:
(a) The commercial permit parking class, which shall determine the length of time the commercial motor vehicle is allowed to park at each location;
(b) The commercial permit parking zone(s), which shall govern the commercial vehicle parking zone or zones within the District where the vehicle is allowed to park; and
(c) The expiration date, which shall specify the last day that the permit for the commercial motor vehicle is effective.
2428.4 Except as provided in § 2428.5, a participating company shall affix the parking decal provided by DDOT on each commercial motor vehicle in the company’s fleet that is participating in the CPP program on the lower right hand corner of the passenger side window.
2428.5 A company that purchases an annual class A, city-wide permit listed in §§ 2430.1(a) may, subject to approval by DDOT, use their company logo instead of the decal.
2429 COMMERCIAL PERMIT PARKING ZONES
2429.1 There shall be two (2) zones for commercial permit parking, which shall be designated, respectively, as Zone CPP-1 and Zone CPP-2.
2429.2 Zone CPP-1 shall include both sides of all street segments, except for the loading zones in the area described in § 2424, within the areas defined by the following boundaries:
(a) Starting at a point located at the intersection of Foxhall Road, N.W., at Reservoir Road, N.W.;
(b) Continuing south along Foxhall Road, N.W., to the Potomac River shoreline (District of Columbia side);
(c) Continuing southeast along the Potomac River shoreline (District of Columbia side) to the conjunction of the Potomac and Anacostia Rivers;
(d) Continuing northeast at the conjunction of the Potomac and Anacostia Rivers to South Capitol Street;
(e) Continuing north along South Capitol Street to Washington Avenue, S.W.;
(f) Continuing northwest along Washington Avenue, S.W., to Independence Avenue, S.W.;
(g) Continuing west along Independence Avenue, S.W., to 3rd Street, S.W.;
(h) Continuing north along 3rd Street, S.W., to D Street, N.W.;
(i) Continuing east along D Street, N.W., to Louisiana Avenue, N.W.;
(j) Continuing northeast along Louisiana Avenue, N.W., to North Capitol Street;
(k) Continuing north along North Capitol Street to Florida Avenue, N.W.;
(l) Continuing northwest along Florida Avenue, N.W., to U Street, N.W.;
(m) Continuing west along U Street, N.W., to Florida Avenue, N.W.;
(n) Continuing southwest along Florida Avenue, N.W., to Q Street, N.W.;
(o) Continuing west along Q Street, N.W., to 28th Street, N.W.;
(p) Continuing north along 28th Street, N.W., to R Street, N.W.;
(q) Continuing west along R Street, N.W., to Wisconsin Avenue, N.W.;
(r) Continuing south along Wisconsin Avenue, N.W., to Reservoir Road, N.W.; and
(s) Continuing west along Reservoir Road, N.W., to Foxhall Road, N.W. to the starting point.
2429.3 Zone CPP-2 shall consist of all areas outside Zone CPP-1, except for loading zones in the area described in § 2424.
2429.4 The commercial permit parking classes shall be as follows:
(a) Class A, which allows parking for up to two (2) hours between 7:00 a.m. and 7:00 p.m., Monday through Friday, excluding holidays, at designated loading zones or at metered curbside locations during off-peak hours of 10:00 a.m. to 2:00 p.m.;
(b) Class B, which allows parking for up to one (1) hour between 7:00 a.m. to 7:00 p.m., Monday through Friday, excluding holidays, at designated loading zones or at metered curbside locations during off-peak hours of 10:00 a.m. to 2:00 p.m.; and
(c) Class C, which allows parking for up to thirty (30) minutes between 7:00 a.m. to 7:00 p.m., Monday through Friday, excluding holidays, at designated loading zones or at metered curbside locations during off-peak hours of 10:00 a.m. to 2:00 p.m..
2429.5 Parking in commercial permit parking zones is subject to signs posted in the loading zone, including but not limited to signs indicating emergency and temporary parking restrictions, and other parking restrictions listed in this title that do not require signs.
2430 COMMERCIAL PERMIT PARKING FEES
2430.1 The annual company CPP program permit fees shall be as follows:
(a) The annual permit fee for a company registering more than one thousand (1,000) commercial motor vehicles in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$15,773.33
$8,106.67
$4,306.67
Zone CPP-2
$7,886.67
$4,053.33
$2,153.33
City Wide
$23,660.00
$12,160.00
$6,460.00
(b) The annual permit fee for a company registering five hundred (500) or more commercial motor vehicles, but less than one thousand (1,000) vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$11,830.00
$6,080.00
$3,230.00
Zone CPP-2
$5,915.00
$3,040.00
$1,615.00
City Wide
$17,745.00
$9,120.00
$4,845.00
(c) The annual permit fee for a company registering one hundred (100) or more commercial motor vehicles, but less than five hundred (500) vehicles, in the CPP Program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$7,886.67
$4,053.33
$2,153.33
Zone CPP-2
$3,943.33
$2,026.67
$1,076.67
Citywide
$11,830.00
$6,080.00
$3,230.00
(d) The annual permit fee for a company registering fifty (50) or more commercial motor vehicles, but less than one hundred (100) vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$6,309.33
$3,242.67
$1,722.67
Zone CPP-2
$3,154.67
$1,621.33
$861.33
Citywide
$9,464.00
$4,864.00
$2,584.00
(e) The annual permit fee for a company registering twenty-five (25) or more commercial motor vehicles, but less than fifty (50) vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$4,732.00
$2,432.00
$1,292.00
Zone CPP-2
$2,366.00
$1,216.00
$646.00
Citywide
$7,098.00
$3,648.00
$1,938.00
(f) The annual permit fee for a company registering ten (10) or more commercial motor vehicles, but less than twenty-five (25) vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$3,154.67
$1,621.33
$861.33
Zone CPP-2
$1,577.33
$810.67
$430.67
Citywide
$4,732.00
$2,432.00
$1,292.00
(g) The annual permit fee for a company registering five (5) or more commercial motor vehicles, but less than ten (10) vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$1,577.33
$810.67
$430.67
Zone CPP-2
$788.67
$405.33
$215.33
Citywide
$2,366.00
$1,216.00
$646.00
(h) The annual permit fee for a company registering less than five (5) commercial motor vehicles, in the CPP program shall be as follows:
Class A
Class B
Class C
Zone CPP-1
$788.67
$405.33
$215.33
Zone CPP-2
$394.33
$202.67
$107.67
Citywide
$1,183.00
$608.00
$323.00
2430.2 A company shall register all commercial motor vehicles the company owns and will park in loading zones or at curbside parking spaces in the CPP program. However, a company may register all commercial motor vehicles it owns in the CPP program.
2431 COMMERCIAL PERMIT PARKING; DAY-PASS
2431.1 There is established a commercial permit parking day-pass to provide commercial motor vehicle owners the option to purchase a daily parking pass for a commercial motor vehicle to park in loading zones or at curbside parking spaces instead of paying for parking at the meter in those zones.
2431.2 The commercial permit parking day-pass shall be valid from 7:00 a.m. to 7:00 p.m. at loading zones and curbside parking spaces on the date shown on the day-pass.
2431.3 The commercial permit parking day-pass shall allow parking for up to one (1) hour at designated loading zones during 7:00 a.m. to 7:00 p.m., or at metered curbside locations during off-peak hours of 10:00 a.m. to 2:00 p.m.;
2431.4 The commercial permit parking day-pass shall be obtained by the company for each commercial delivery vehicle that will be operating in the District on a given day.
2431.5 The commercial motor vehicle operator shall place the day-pass facing out on the inside of the passenger side window of the vehicle so that it is clearly visible through the passenger side window of the vehicle.
2431.6 The commercial permit parking day-pass shall cost twenty-five dollars ($25) and shall only be valid for one (1) commercial delivery vehicle.
2431.7 The expiration date displayed on the commercial permit parking day-pass shall specify the date on which the day-pass is effective.
2432 VIOLATIONS
2432.1 A vehicle shall be considered illegally parked with regard to the CPP program if:
(a) The vehicle is parked in a loading zone during the hours applying to such zone and is not a commercial vehicle or is not in compliance with this section, except as provided in § 2432.2;
(b) The commercial vehicle is parked in a designated commercial permit parking loading zone and does not display a current valid commercial vehicle parking decal or a current valid commercial vehicle parking day-pass;
(c) The vehicle does not display a commercial vehicle parking decal in the manner required by § 2428.4;
(d) The vehicle does not display a commercial vehicle parking day-pass in the manner required by § 2431.5;
(e) The commercial permit parking decal displayed on the vehicle does not show the commercial permit parking zone shown on the signage designating the commercial permit parking loading zone;
(f) The vehicle has parked longer at a designated commercial permit parking loading zone than allowed by the class of the commercial permit parking permit shown on the valid commercial permit parking decal displayed on the vehicle;
(g) The vehicle displays a valid commercial permit parking decal or a valid commercial permit parking day-pass, but has parked at a non-loading-zone, metered curbside parking space during enforcement hours before10:00 a.m. and after 2:00 p.m.;
(h) The vehicle displays a valid commercial permit parking decal or a valid commercial permit parking day-pass, but has parked at a curbside parking meter space longer than allowed by the class of the commercial permit parking permit displayed on the commercial permit parking decal;
(i) The commercial permit parking decal displayed on the vehicle has expired; or
(j) The commercial permit parking day-pass displayed in the vehicle has expired.
2432.2 Notwithstanding § 2432.1(a), any vehicle may park in a loading zone between 7:00 p.m. and 7:00 a.m., subject to signs posted in the loading zone and other parking restrictions listed in this title that do not require signs.
2433 COMMERCIAL PERMIT PARKING PHASE-IN PLAN
2433.1 The Director of DDOT shall phase in the CPP program as follows:
(a) The first phase shall be a thirty (30) day period, beginning when this section becomes effective, for DDOT to implement the CPP program and post new signage.
(b) The second phase shall be a limited enforcement pilot program conducted for a duration of sixty (60) days following the first phase and be focused within Zone 1.
(c) The final phase shall be full implementation of the CPP program and shall begin following the second phase.
2433.2 The specific performance measures to be tracked during the sixty (60) day pilot program may include:
(a) Occupancy rates of loading zones;
(b) Violations for double parking and over staying;
(c) Amount of time each vehicle uses the loading zone;
(d) Reductions in delivery times for carriers; and
(e) Reductions in travel time along the corridor;
2433.3 Following the sixty (60) day pilot period, data for the performance measures shall be evaluated to determine if adjustments to the program are needed.
Chapter 26 of title 18 of the DCMR is amended as follows:
Subsection 2601.1 is amended as follows:
The following infractions are inserted after Bus stop, within 20 feet of [§ 2409.8] and before Commercial vehicle, bus, or sightseeing vehicle in front of residence or other prohibited location [§ 2405.3(e)]:
Commercial permit parking decal, display expired [§ 2432.1(i)]
$50
Commercial permit parking decal, fail to display properly [§ 2432.1(c)]
$50
Commercial permit parking day-pass, display expired [§ 2432.1(j)]
$50
Commercial permit parking day-pass, fail to display properly [§ 2432.1(d)]
$50
Commercial vehicle with commercial permit parking decal parked at non-loading zone parking meter space outside of off-peak hours [§ 2432.1(g)]
$50
The following infractions are inserted after Left wheel to curb-parallel parking [§ 2400.1; .24003; 2400.4] and before Loading zone, unauthorized vehicle in [§ 2402.6]:
Loading zone, commercial vehicle parked in commercial permit parking loading zone with no commercial permit parking decal or commercial permit parking day-pass displayed [§ 2432.1(b)]
$100
Loading zone, commercial vehicle parked in commercial permit parking loading zone with wrong commercial permit parking decal displayed [§ 2432.1(e)]
$50
Loading zone, overtime parking by a commercial vehicle with valid commercial permit parking decal [§ 2432.1(f)]
$50
The infraction Loading zone, unauthorized vehicle in [§ 2402.6] is amended to read as follows:
Loading zone, unauthorized vehicle in
[§§ 2402.6, 2432.1(a)]
$100
The following infraction is inserted after Obtaining an additional receipt to extend time for the same motor vehicle in the same parking space for which a prior receipt was already dispensed [§ 2424.11, 2424.12] and before Oversized vehicle at [§§ 2404.5, 2424.12]:
Overtime parking at a parking meter space by commercial vehicle with valid commercial permit parking decal
[§ 2432.1(h)]
$50
The following infraction is inserted after Parallel, fail to park (except where permitted)
[§ 2400.1] and before Public or private property [D.C. Code § 40-812]:
Prohibited vehicles
Any passenger vehicle with a seating capacity of more than fifteen (15) passengers, a boat, a trailer, any vehicle longer than twenty-two feet (22 ft.) or wider than eight feet (8 ft.), or any vehicle that has been modified to haul trash, junk, or debris parked on a public street in front of any private dwelling, or apartment, church, school playground or hospital [§ 2405.5]
$1,000
All persons 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 Karina Ricks, Associate Director, District Department of Transportation, 2000 14th Street, N.W., 7th Floor, Washington, D.C. 20009. Comments may also be sent electronically to publicspace.committee@dc.gov. Copies of this proposal are available, at cost, by writing to the above address, and are also available electronically, at no cost, on the District Department of Transportation’s web site at www.ddot.dc.gov.
