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District Department of Transportation
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Notice Of EMERGENCY AND PROPOSED Rulemaking
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The Director of the District Department of Transportation (DDOT), pursuant to the authority of sections 3(b), 5(3)(D)(i), 5(3)(D)(iii), 6(c), and 7 of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.02(b), 50-921.04(3)(D)(i), 50-921.04(3)(D)(iii), 50-921.05(c), and 50-921.06) (2009 Repl); Mayor’s Order 2009-62 (April 21, 2009), 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.) (2008 Repl.); Mayor’s Order 96-8 (February 9, 1996); the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.) (2008 Repl. and 2009 Supp.) (“Litter Control Act”); and Mayor’s Order 2000-184 (December 5, 2000), hereby gives notice of the adoption on an emergency basis of amendments to Title 18 (Vehicles and Traffic) and Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations. The amendments provide in part that standing or parking in a valet parking zone or valet staging zone is illegal and that valet parking is an activity that cannot be performed without a permit; list the fines associated with valet parking; establish that violations of the valet parking regulations may be enforced and adjudicated under the Litter Control Act; and clarify when a valet parking permit is required if valet staging occurs in a circular driveway.
Emergency action is necessary because DDOT is scheduled to commence its enforcement of the valet parking regulations in May 2010. However, there is currently no definitive mechanism under which notices of infractions of the valet parking regulations may be enforced and adjudicated. In addition there is a need to clarify when a valet parking permit is required before enforcement of the regulations commences. Thus, immediate adoption of these regulations is necessary to protect public safety.
This emergency rulemaking was adopted on May 26, 2010, and became effective immediately on that date.
The Director also gives notice of intent to take final rulemaking action to adopt this rulemaking in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The emergency rulemaking will expire on September 23, 2010, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Title 18 DCMR, VEHICLES AND TRAFFIC, is amended as follows:
Section 2409, Restricted Use of Valet Parking, Bus, Taxicab, and Sightseeing Zones and Stands, is amended as follows:
The section heading is amended to read as follows:
2409 Restricted Use of Valet Parking, VALET STAGING, Bus, Taxicab, and Sightseeing Zones and Stands
Subsection 2409.1 is amended to read as follows:
2409.1 The Director may:
(a) Prohibit parking and/or standing at bus stops, zones, and stands; taxicab stands; valet parking zones; valet staging zones; and sightseeing stands;
(b) Determine the dimensions of the area where parking and standing at such stops, zones, and stands will be prohibited; and
(c) Erect signs designating the areas where parking and/or standing are prohibited.
Subsection 2409.3 is amended to read as follows:
2409.3 (a) Except as provided in paragraph (b) of this subsection, no person shall
stand or park a vehicle in a valet parking zone or valet staging zone unless authorized to do so; in a bus stand, stop, or zone, other than a bus authorized to use the bus stand, stop, or zone; in a taxicab stand, other than a taxicab authorized to use the taxicab stand; or in a sightseeing stand, other than a sightseeing vehicle authorized to use the sightseeing stand.
(b) A driver of a passenger vehicle may stop momentarily in a stand, stop, or zone described in paragraph (a) of this subsection for the purpose of and while actually picking up or discharging passengers, as long as such stopping does not interfere with any vehicle, bus, taxicab, or sightseeing vehicle about to enter the stand or zone designated for the use of such vehicle.
Section 2601, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS, is amended as follows:
Subsection 2601.1 is amended to add the following infraction:
INFRACTION FINE In Ballpark During
(DCMR Zone [§§ Ballpark
Citation) 2404.24, Events [§
2424.12] 2424.12]
Valet parking zone, 100.00
Valet staging zone
[§ 2409.3]
Title 24 DCMR, Public Space and Safety, is amended as follows:
Section 101, STREETS AND ROADS, subsection 101.5 is amended to read and subsection 101.8 is added to read as follows:
101.5 No part of any street shall be used for the keeping, depositing, storing, displaying, selling, valet staging or valet parking of vehicles of any kind, except when authorized under a permit issued in conformity with the provisions of chapter 3 or 16 of this title.
101.8 Any person issued a valet staging or valet parking permit pursuant to section 101.5 shall comply with all terms and conditions of the permit and Chapter 16 of this title, as that chapter is amended from time to time.
Subsection 1380.4 is amended to add the following Valet Parking infractions and penalties:
Infraction Penalty
Providing valet parking without a
valid Valet Parking permit $ 300 per occurrence
(24 DCMR 1600.1)
Failure to display a Valet Parking
Permit $ 50 per occurrence
(24 DCMR 1605.1 - Standard Valet
Parking permits)
(24 DCMR 1611.2 - Event Venue Valet Parking
permits)
Unauthorized staging -
applies only to Standard Valet
Parking permits $ 150 per occurrence
(24 DCMR 1604.3)
Parking motor vehicle in public space
in violation of Valet Parking permit -
applies only to Standard Valet
Parking permits $ 250 per occurrence
(24 DCMR 1606.1)
Failure to notify Department of any
change to Valet Parking permit $ 25/change/day
(24 DCMR 1606.2, 1606.3, 1612.3, 1612.4)
Leaving a motor vehicle awaiting valet
parking in a Valet Parking Staging Zone
beyond 10 minutes - applies only to Standard
Valet Parking permits $ 100 per occurrence
(24 DCMR 1604.5)
Subsection 1600.1, GENERAL PROVISIONS, is amended to read as follows:
1600.1 No person shall conduct, operate, maintain, or provide Valet Parking services utilizing public space within the District of Columbia without a permit from the Department. A person providing Valet Parking services for a non-recurring, one-time event at a private residence shall be exempt from the provisions of this chapter. A person providing Valet Parking services from the section of a circular driveway between the property line and the closest edge of the sidewalk shall be exempt from the provisions of this chapter.
Section 1607.3, EVENT VENUE VALET PARKING PERMIT FEES, is amended to read as follows:
1607.3 The public space occupancy fee to rent curbside space for Valet Parking services is fifty cents (50¢) per hour per twenty (20) linear feet of street along the curb.
Section 1613, PENALTIES, SUSPENSION, AND REVOCATION, is amended as follows:
The section heading is amended to read as follows:
1613 SUSPENSION AND REVOCATION
Subsection 1613.1 is amended to read as follows:
1613.1 [Repealed]
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 policy.ddot@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 ddot.dc.gov.
