6082014 Transportation, District Department of - Notice of Proposed Rulemaking -Regarding On-Street Metered Parking for Persons with Disabilities
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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 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) (2014 Repl. & 2016 Supp.)) and 50-921.05(b) (2014 Repl.), and Section 3 of the People First Respectful Language Modernization Amendment Act of 2006, effective September. 29, 2006 (D.C. Law 16-169; D.C. Official Code § 2-632 (2012 Repl. & 2016 Supp.)), hereby gives notice of the intent to amend Chapters 24 (Stopping, Standing, Parking, and Other Non-Moving Violations), 26 (Civil Fines For Moving And Non-Moving Infractions), and 27 (Special Parking Privileges For Persons With Disabilities) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The proposed rules establish installation and operation guidelines for on-street metered parking spaces available within the Central Business District for the exclusive use of persons with disabilities. The proposed regulations also make conforming changes consistent with the People First Respectful Language Modernization Act of 2006, effective September 29, 2006 (D.C. Law 16-169; D.C. Official Code §§ 2-631 et seq. (2012 Repl.)).
Chapter 24, STOPPING, STANDING, PARKING, AND OTHER NON-MOVING VIOLATIONS, of Title 18 DCMR, VEHICLES AND TRAFFIC, is amended as follows:
Section 2406, PARKING PROHIBITED BY POSTED SIGN, is amended as follows:
Subsections 2406.9 through 2406.11 are amended to read as follows:
2406.9
(a) The Director is authorized to establish on-street metered parking spaces, within the Central Business District, as defined in Title 18, for the exclusive use of persons with disabilities using vehicles displaying valid disability license tags or valid disability permits issued by the District pursuant to Chapter 27 or issued by another jurisdiction meeting the requirements of § 2717.1.
(b) Parking meters associated with parking spaces established pursuant to this subsection shall:
(1) Meet the standards set forth in the Americans with Disabilities Act Accessibility Guidelines of the United States Architectural and Transportation Barriers Compliance Board (commonly referred to as the “United States Access Board”), and comply with any applicable regulations of the Department of Justice, regarding the:
(i) Demarcation of the parking space;
(ii) Accessible meter hardware and payment technology;
(iii) Infrastructure placement; and
(iv) Pedestrian access route; and
(2) Unless a more stringent standard is established by the United States Access Board or applicable regulations of the Department of Justice:
(i) Be located adjacent to or within one hundred (100) feet of a curb cut, access ramp, or driveway; and
(ii) Indicate by signage affixed to a sign post or a decal on the meter that the space is reserved for the exclusive use of persons with disabilities.
(3) Be reserved for the exclusive use of persons with disabilities at all times; provided, metered spaces shall only require payment during the hours posted on the meter.
(c) When and where feasible, one (1) parking space on each metered block, or at least four percent (4%) of the District’s total metered parking spaces, shall be reserved for the exclusive use of persons with disabilities.
(d) The Director shall create and maintain a publicly accessible database showing the location and time restriction of each parking space set aside under this subsection.
(e) The Director may establish reasonable payment and time limits for parking in the spaces established pursuant to this subsection; provided, that any time restrictions established shall allow parking for twice the period of time, not to exceed four (4) hours, permitted at the nearest non-reserved, time-limited parking space.
(f) Before setting aside the parking spaces authorized by this subsection, the Director shall mail or email, or cause to be mailed or emailed, a notice to each person who holds a disability license tag or disability permit issued by the District pursuant to Chapter 27. The notice shall inform the person that new parking spaces will be set aside pursuant to this subsection and shall describe the rules that apply to parking in such spaces.
2406.10
(a) The Director is authorized to establish on-street metered parking spaces, outside the Central Business District, for the exclusive use of persons with disabilities.
(b) On-street metered parking spaces established pursuant to this subsection shall be identified based on a process established by the Director in consultation with the Mayor’s Office of Disability Rights after the launch of the program defined in Section 2406.9.
(c) The process by which on-street metered spaces are established for the exclusive use of people with disabilities outside the Central Business District shall include at a minimum:
(1) Entities that can request establishment of on-street metered parking spaces for the exclusive use of people with disabilities outside of the Central Business District;
(2) A process by which the Director will evaluate requests to establish on-street metered parking spaces, outside of the Central Business District, for the exclusive use of persons with disabilities;
(3) Criteria for evaluation of additional zones including but not limited to existing meter occupancy, existing disability placard use; and
(4) Process by which the Director will notify the public of the intent to establish on-street metered parking spaces, outside of the Central Business District, for the exclusive use of persons with disabilities.
2406.11
(a) A vehicle parked in a space set aside pursuant to § 2406.9 shall be subject to the fine set forth in § 2601 if the vehicle:
(1) Does not display a valid disability license tag or valid disability permit described in § 2406.9;
(2) Was not either driven by a person to whom such a tag or permit was issued or a person to whom such a tag or permit was issued was not a passenger in the vehicle;
(3) Is engaged in vending;
(4) Is parked beyond the posted time limits on the meter;.
(5) Fails to make payment at the meter or through pay-by-phone; or
(6) The amount of time paid for at the meter or through pay-by-phone has lapsed;
(b) A vehicle parked, stopped, or standing in a space set aside pursuant to § 2406.9 during a time when parking, stopping, or standing in the space is prohibited shall be subject to the applicable no parking, no stopping, or no standing fine set forth in § 2601, even if the vehicle displays a disability license tag or disability permit described in § 2406.9.
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 row labeled “Individual with disabilities only; unauthorized use of space reserved for (§ 2406.9)” is amended to read as follows:
Individual with disabilities only; unauthorized use of space reserved for (§ 2406.11(a)(1))”
$250.00
Three new rows are added, after the row labeled “Individual with disabilities, reserved residential space of; unauthorized use of (§ 2715.3)”, to read as follows:
Individual with disabilities, parked beyond time limit in parking space for (§ 2406.11(a)(4))
$30.00
Individual with disabilities, no proof of payment (§2406.11(a)(5))
$30.00
Individual with disabilities, amount of payment has lapsed (§ 2406.11(a)(6))
$30.00
Subsection 2601.2 is amended as follows:
The row labeled “Handicapped (disabled) parking privileges, unauthorized use of; (§ 2406.9)” is repealed.
Two new rows are added, after the row labeled “Glass or debris, failure to remove from street (§§ 2418.4; 2418.5; 2418.6)”, to read as follows:
Individual with disabilities parking privileges; unauthorized use of (§ 2406.11(a)(2))
$100.00
Individual with disabilities parking privileges; Vending using [§§ 2406.11(a)(3) and 2704.3]
$500.00
Chapter 27, SPECIAL PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES, is amended as follows:
Section 2700, GENERAL PROVISIONS, is amended as follows:
Subsection 2700.2 is amended to read as follows:
2700.2 This chapter shall apply upon application for a reserved on-street residential parking space, or upon an initial or renewal application for disability license tags or a disability parking permit.
Section 2701, ELIGIBILITY, is amended as follows:
Subsection 2701.1(b) is amended by striking the phrase “Is so severely disabled” and inserting the phrase “Has such a severe disability so” in its place.
Section 2704, ISSUANCE OF SPECIAL LICENSE TAGS OR PARKING PERMIT, is amended as follows:
Subsection 2704.3 and 2704.4 are amended to read as follows:
2704.3 Except as provided in §§ 2406.9 and 2406.11, a vehicle displaying a disability license tag or disability parking permit for an individual with a disability, whether issued by the District or any other jurisdiction shall be subject to any time limitation or meter payment requirement established for any space in which the vehicle is parked, as indicated on the sign or meter denoting the space and shall not be engaged in vending.
2704.4 Notwithstanding § 2704.3, a vehicle displaying a disability license tag or disability parking permit for an individual with a disability, whether issued by the District or any other jurisdiction, shall be permitted to park for twice the period of time as posted on a residential permit parking designated block.
A new Subsection 2704.10 is added to read as follows:
2704.10 Until such time as the Director has established a program for reserved on-street metered parking spaces outside the Central Business District in accordance with § 2406.10, a vehicle displaying a disability license tag or disability parking permit for a person with a disability, whether issued by the Director or any other jurisdiction, shall be permitted to park at a metered space outside of the Central Business District, without depositing payment established for the on-street metered parking space, for twice the period of time, but not to exceed four (4) hours.
Section 2707, ORGANIZATIONS TRANSPORTING DISABLED PERSONS, is amended as follows:
The section heading is amended to read as follows:
2707 ORGANIZATIONS TRANSPORTING PERSONS WITH DISABILITIES
Subsection 2707.5 is amended by striking the phrase “2704.4, 2707.5, ”.
Subsection 2707.6 is amended by striking the phrase “transport of disabled persons” and inserting the phrase “transport of persons with disabilities” in its place.
Section 2710, RESERVED PARKING SPACE, is amended as follows:
Subsection 2710.1(e) is amended by striking the phrase “where the physically disabled person resides” and inserting the phrase “where the individual with a disability resides”.
Section 2714, DESIGNATION OF RESERVED SPACE, is amended as follows:
Subsection 2714.1 is amended by striking the phrase “universal symbol for the disabled” and inserting the phrase “universal symbol of accessibility” in its place.
Section 2717, RECIPROCITY, is amended as follows:
Subsection 2717.1 is amended by striking the phrase “sections § 2406.9 or 2704.4” and inserting the phrase “§ 2406.9” in its place.
Section 2718, PENALTY, is amended as follows:
Subsection 2718.3(d) is amended by striking the phrase “Allows a non-disabled person” and inserting the phrase “Allows a person without a disability” in its place.
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 Alice Kelly, Manager, 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.
