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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 section 4(5)(A) (coordinating and managing public space permits and records), section 5(3)(D) (allocating and regulating on-street parking), section 5(4)(A) (reviewing and approving public space permit requests), and section 6(b) (transferring the public right-of-way maintenance and parking management functions previously delegated to the Department of Public Works (“DPW”) 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), 50-921.04(3)(D), 50-921.04(4)(A), and 50-921.05(b)), and 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.), which was delegated to the Director of DPW 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 DPW Director) (D.C. Official Code § 50-921.06), hereby gives notice of the intent to adopt the following rulemaking to amend Chapters 24 (Stopping, Standing, Parking, and other Non-Moving Violations) and 26 (Civil Fines for Moving and Non-Moving Infractions) of Title 18 (Vehicles and Traffic) and Chapter 2 (Rental of Public Space) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).
This rulemaking will authorize the use of on-street parking spaces for the charging of electric vehicles and the towing and fining of unauthorized vehicles parked in the electric vehicle charging station parking spaces. The rulemaking will also establish a public inconvenience fee for using the public space to charge an electric vehicle. Pursuant to section 5(3)(D) of the DDOT Establishment Act (D.C. Official Code § 50-921.04(3)(D)), the DPW Director has approved this rulemaking.
Final rulemaking action to adopt the amendments shall be taken in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Title 18, Vehicles and Traffic, of the DCMR is amended as follows:
Chapter 24, Stopping, Standing, Parking and Other Non-Moving Violations, is amended as follows:
Section 2406, Parking Prohibited by Posted Sign, is amended as follows:
Subsection 2406.13 is amended by striking the phrase “§ 2406.12” and inserting the phrase “§ 2406.12 and 2406.14” in its place.
New subsections 2406.14 through 2404.17 are added to read as follows:
2406.14 The Director is authorized to establish reserved on-street parking spaces for the exclusive use of charging electric vehicles, provided:
(a) Parking in spaces established pursuant to this subsection shall be permitted only for electric vehicles while they are being charged in accordance with the guidelines provided on the charging station;
(b) Unauthorized vehicles parked in such spaces shall be in violation of this subsection and subject to the fine set forth in § 2601; and
(c) A vehicle occupying a space established pursuant to this subsection shall be required to pay the parking meter rates for that space in addition to any inconvenience fee specified in 24 DCMR § 225.1(r).
2406.15 On-street parking spaces reserved for the exclusive use of charging electric vehicles shall be considered part of the Premium Demand Parking Meter Rate Zone.
2406.16 Vehicles may not park and charge for more than four (4) hours between 6:00 a.m. and 10:00 p.m. Monday through Saturday at an on-street parking space reserved for the exclusive use of charging electric vehicles.
2406.17 Notwithstanding §§ 2404.9 and 2406.16, on-street parking spaces reserved for the exclusive use of charging electric vehicles, and the associated fees, shall be in effect at all times.
Chapter 26, Civil Fines for Moving and Non-Moving Infractions, is amended as follows:
Section 2601, Parking and Other Non-moving Infractions, is amended as follows:
Subsection 2601.1 is amended as follows:
The following infraction is inserted after No parking except car-sharing vehicles [§ 2406.12 (c)] and before No standing [§§ 2000.4, 4020]:
No parking except for an electric vehicle while being charged
[§ 2406.14]
$100.00
The following infraction is inserted after Vehicle, less than 3 feet from another [§ 2405.2(j)] and before Vendors stand, on [24 DCMR § 501]:
Vehicle remaining for more than four (4) hours between 6:00 a.m. and 10:00 p.m. Monday through Saturday at an on-street parking space reserved for charging vehicles [§ 2406.16]
$100.00
Title 24, Public Space and Safety, of the DCMR is amended as follows:
Chapter 2, Rental of Public Space, is amended by adding a new paragraph (r) to subsection 225.1 to read as follows:
(r) Charging station:
In addition to all other applicable fees, a person using an electric charging station located in public space, pursuant to 18 DCMR § 2406.14, will be assessed a one dollar ($1.00) per hour inconvenience fee for the use of public space to charge the vehicle.
All persons interested in commenting on the subject matter in this proposed rulemaking action may file comments in writing, no 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.
