5381674 Transportation, District Department of - Notice of Proposed Rulemaking -Dedicated Bus Lanes and Play Streets
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DISTRICT DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULEMAKING
The Director of the District Department of Transportation (DDOT), pursuant to the authority set forth in Sections 5(3)(D) (allocating and regulating on-street parking and curb regulations) and 6(c) (transferring to the Department the authority and function to make traffic rules and regulations previously delegated to the Department of Public Works under Section IV(A) of the Reorganization Plan No. 4 of 1983, the Department of Transportation under Section IV(G) of Reorganization Plan No. 2 of 1975, and the Director of Highways and Traffic under Commissioner Order No. 68-554) 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(c) (2014 Repl.)), hereby gives notice of this proposed action to adopt rules that amend Chapters 22 (Moving Violations), 24 (Stopping, Standing, Parking, and Other Non-Moving Violations), 26 (Civil Fines for Moving and Non-Moving Infractions), 40 (Traffic Signs and Restrictions at Specific Locations), and 99 (Definitions) of Title 18 of the District of Columbia Municipal Regulations (DCMR).
The proposed regulations clarify the operation and enforcement of bus lanes in the District of Columbia. The regulations will prescribe authorized users, enforcement times, and violations and associated penalties for moving and non-moving violations by unauthorized vehicles of the bus lanes. Regulations pertaining to “play streets” are clarified and the term “local access streets” is defined. Additionally, errata changes are made to remove expired provisions referencing the Adams Morgan Taxicab Zone.
Title 18 DCMR, VEHICLES AND TRAFFIC, is amended as follows:
Chapter 22, MOVING VIOLATIONS, is amended as follows:
Section 2217, CLOSED STREETS, PLAY STREETS, BUS STREETS, BUS RESTRICTED STREETS, is amended to read as follows:
2217 CLOSED STREETS, LOCAL ACCESS STREETS, PLAY STREETS, BUS LANES, AND BUS RESTRICTED STREETS
2217.1 Whenever authorized signs are erected indicating a street or portion of a street is a local access street, no person shall drive a vehicle upon such street or portion of the street except drivers of vehicles whose destination or origin is on or within two (2) blocks of such street or portion of the street.
2217.2 No person shall drive a vehicle on a street that has been designated a play street or closed to vehicular traffic except as specifically permitted by an official traffic control device.
2217.3 No person shall drive any vehicle across or over any public street at which there is an official barrier, sign, or authorized person indicating that the street is closed, except as otherwise provided.
2217.4 When the driving of a vehicle on a street described in §§ 2217.1, 2217.2, or 2217.3 is authorized, the maximum speed at which a person shall drive a vehicle shall be fifteen (15) miles per hour.
2217.5 No vehicle shall travel on those portions of streets designated as bus lanes by pavement markings or signage, except:
(a) transit buses, tour buses, charter buses, and school buses;
(b) taxicabs that are in active passenger service;
(c) bicycles except pedicabs;
(d) paratransit service vehicles;
(e) authorized emergency vehicles; or
(f) as provided in § 2217.6.
2217.6 A vehicle may enter a designated bus lane within forty feet (40 ft.) of an intersection or driveway, to engage in a turn at that intersection or driveway.
2217.7 Whenever authorized signs are erected to restrict buses from a street or portion of street, no person shall operate a bus upon such street or portion of the street at any time except as specifically directed to do so by a police officer or other law enforcement or public safety official or by an official traffic control device.
Chapter 24, STOPPING, STANDING, PARKING, AND OTHER NON-MOVING VIOLATIONS, is amended as follows:
Section 2405, STOPPING, STANDING, OR PARKING PROHIBITED: NO SIGN REQUIRED, is amended as follows:
Subsection 2405.1 is amended as follows:
Paragraph (h)(3) is amended by striking the word “or” at the end.
Paragraph (i) is amended by striking the period at the end and inserting the phrase “; or” in its place.
A new paragraph (j) is added to read as follows:
(j) In a bus lane.
Section 2409, RESTRICTED USE OF VALET PARKING, VALET STAGING, BUS, TAXICAB, AND SIGHTSEEING ZONES AND STANDS, is amended to read as follows:
2409 Restricted Use of VALET STAGING ZONES, Taxicab STANDS, AND Public TRANSIT BUS STOPS, Zones, and Stands
2409.1 The Director may:
(a) Prohibit parking and/or standing at public transit bus stops, zones, and stands; taxicab stands; and valet staging zones;
(b) Determine the dimensions of the area where parking and/or standing at such stops, zones, and stands will be prohibited; and
(c) Erect signs designating the areas where such parking and/or standing are prohibited.
2409.2 At locations where a bus stop sign is posted by WMATA or DC Circulator, but signs restricting parking at the bus stop are not posted, there shall be no parking or standing by vehicles other than a bus within eighty feet (80 ft.) of the approach side of a bus stop sign; provided, that a vehicle may stop momentarily to pick up or discharge a passenger or passengers; provided further, that the loading or unloading of materials is prohibited.
2409.3 Except as provided in Subsection 2409.4, no person shall stand or park a vehicle in a valet staging zone unless authorized to do so; in a public transit bus stop, zone, or stand, other than a public transit bus authorized to use the bus stop, zone, or stand; or in a taxicab stand, other than a taxicab authorized to use the taxicab stand.
2409.4 A driver of a passenger vehicle may stand in an area described in § 2409.3 for the purpose of and while actually picking up or discharging passengers, as long as such standing does not interfere with any vehicle, public transit bus, or taxicab, about to enter or exit the stop, stand, or zone designated for the use of such vehicle.
2409.5 The driver of a vehicle stopping in a stand, stop, or zone designated for public transit buses, taxicabs, or valet staging in accordance with § 2409.4, shall at all times remain with his or her vehicle.
2409.6 The prohibition against parking or standing at stops, zones, and stands designated for public transit buses, taxicabs, or valet staging shall be effective at all times, unless a less restricted time period is designated by an official sign.
Section 2418, MISCELLANEOUS NON-MOVING VIOLATIONS, is amended as follows:
Subsection 2418.8 is added to read as follows:
2418.8 No person shall stop, stand, or park a vehicle on a street that has been designated a play street or closed to vehicular traffic except as specifically directed to do so by a police officer or other law enforcement or public safety official or by an official traffic control device.
Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS is amended as follows:
Section 2600, CIVIL FINES FOR MOTOR VEHICLE MOVING INFRACTIONS is amended as follows:
The following category, infraction and fine are added after Bumper: Unsafe bumper [§§ 733.5, 733.6]:
Bus lane
Unauthorized vehicle driving in a [§§2217.5, 4006.1]
$200.00
The following category, infraction and fine are repealed:
No bus streets
Driving through [§2217.8]
$150
Section 2601, PARKING AND OTHER NON-MOVING INFRACTIONS, is amended as follows:
The following infraction and fine are added before Bus stand or zone [§ 2409.3]:
Bus lane, unauthorized vehicle parked in [§ 2405.1(j)]
$ 200.00
The infraction labeled “Taxicab, bus, sightseeing or other vehicle for hire on stand, driver not within 5 feet of [§ 2409.4]” is amended to read as follows:
Taxicab, bus, or other vehicle for hire on stand, driver not with [§ 2409.5]
Chapter 40, TRAFFIC SIGNS AND RESTRICTIONS AT SPECIFIC LOCATIONS is amended as follows:
Section 4006, BUS STREETS, is repealed.
Chapter 99, DEFINITIONS is amended as follows:
Section 9901, DEFINITIONS is amended to read as follows:
The following definition is added after the definition of “Bus”:
Bus lane - a lane of a roadway designated for the exclusive use of public transit buses and other authorized users as defined in §2217.5.
The following definition is added after the definition of “Loading Zone”:
Local access street – a street or portion of a street designated for access only to drivers of vehicles whose destination or origin is on or within two (2) blocks of such street or portion of the street.
The following definition is added after the definition of “Owner”
Paratransit service vehicle – a vehicle used as part of a demand response service of transporting individuals unable to use fixed route transit buses, including services provided by public entities, nonprofits, and private providers.
The following definition is added after the definition of “Personal Mobility Device”
Play street - a street or portion of a street closed to traffic and parking for a specified amount of time so as to provide a space for school age children to participate in recreational activities.
The following definition is added after the definition of “Public Space”:
Public transit bus - a bus operated by WMATA or DC Circulator, which provides general transit service to the public on a regular and continuing basis, including but not limited to Metrobuses, Circulator buses, commuter buses, and intercity buses. The term “public transit bus” does not include buses that provide restricted service to a specific group of individuals or destination.
All persons interested in commenting on the subject matter in this proposed rulemaking may file comments in writing, not later than thirty (30) days after the publication of this notice in the D.C. Register, with Samuel D. Zimbabwe, Associate Director, District Department of Transportation, 55 M Street, S.E., 5th Floor, Washington, D.C. 20003. An interested person may also send comments electronically to publicspace.policy@dc.gov. Copies of this proposed rulemaking 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 website at www.ddot.dc.gov.
