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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 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works 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(4)(A), and 50-921.05(b)(2009 Repl.)), and section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.04(2008 Repl.)), 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 Director of the Department of Public Works) (D.C. Official Code § 50-921.06) hereby gives notice of the intent to adopt amendments to Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR). The amendments will add a new Chapter 35 (Intercity Buses), which will regulate curbside loading and unloading zones for intercity bus service.
Final rulemaking action shall not be taken in less than thirty (30) days after date of publication of this notice in the D.C. Register.
Title 24 (Public Space and Safety) of the DCMR is amended as follows:
- Chapter 2, Rental of Public Space, is amended as follows:
Subsection 225.1 is amended by adding a new paragraph (q) to read as follows:
(q) Bus stop:
- A new Chapter 35, Intercity Buses, is added to read as follows:
CHAPTER 35 INTERCITY BUSES
3500 OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY BY INTERCITY
BUSES
3500.1 An intercity bus service operator shall not occupy any portion of the public right-of-way for loading or unloading passengers from an intercity bus unless the operator holds a public space permit issued by the Director.
3500.2 The minimum size for each intercity bus service passenger loading zone shall be one hundred feet (100′) in length.
3500.3 No permit shall be issued to occupy the public right-of-way to load or unload passengers, or arrive or depart the public space, during a time when standing or parking on the roadway is prohibited, such as during rush hour.
3501 APPLICATION FOR PUBLIC SPACE PERMIT BY INTERCITY BUS SERVICE OPERATORS
3501.1 An intercity bus service operator seeking to occupy the public right-of-way shall submit to the Department a public space permit application and application fee, as specified in section 225 of this title. The application shall be submitted on a form provided by the Director.
3501.2 If an intercity bus service operator seeks to use more than one (1) location for loading and unloading passengers from the public right-of-way, a separate application shall be filed for each location requested by the operator. A separate application fee shall also be required for each location. If approved, a separate permit shall be issued for each location.
3501.3 Each completed public space permit application shall include the following information:
(a) The corporate name, mailing address, email address, web site, and telephone number of the intercity bus service operator;
(b) The name, mailing address, email address, web site, and telephone number of the intercity bus service operator’s contact person, who shall be located within thirty (30) miles from the U.S. Capitol Building;
(c) The name, mailing address, email address, web site, and telephone number of operator’s agent for service of process, who shall be located in the District of Columbia;
(d) A valid U.S. Department of Transportation number and interstate operating authority;
(e) A copy of the intercity bus service operator’s liability insurance certificate that meets the requirements listed in § 3509.2;
(f) Six (6) photographic-quality color copies each of three (3) eight inch by ten inch (8″ x 10″) color photographs of the public space, including the sidewalk, curb space, and the roadway, of and adjacent to the proposed passenger loading zone. The three (3) photographs shall show the following views:
(1) Frontal view from roadway;
(2) Sharp angle right side view along sidewalk or curb; and
(3) Sharp angle left side view along sidewalk or curb;
(g) Six (6) photographic-quality color copies of eight inch by ten inch (8″ x 10″) color photographs of any signs designating parking, standing, or stopping prohibitions in or within ten feet (10′) of the proposed passenger loading zone;
(h) Six (6) copies of a schematic drawing of the proposed passenger loading zone, to scale and with dimensions. The schematic drawing shall show the proposed intercity bus passenger loading zone, the roadway and sidewalk between the nearest intersections on either side of the proposed intercity bus passenger loading zone, and the proposed public space required for passenger assembly, including any fixtures and signage proposed to be installed by the intercity bus service operator. In addition, the schematic drawing shall show all existing fixtures in the public space between the nearest intersections on either side of the proposed intercity bus passenger loading zone including Metro bus stops and bus stop zones, Metrorail station entrances and Metrorail elevators, vault covers and manholes, fire hydrants, trees and tree boxes, signs (including their content) and sign posts, street lights and traffic signals, sidewalk and roadway vendors, driveways, alleys, and other curb cuts, marked loading zones and building entrances, bike racks, parking meters, designated bike lanes in the roadway, and existing curb ramps, roadway, and crosswalk markings or any other similar public safety or accessibility designation;
(i) A proposal for orderly queuing of waiting passengers so that pedestrian movement along the sidewalk will not be obstructed and so that pedestrian movement from the sidewalk into adjacent buildings will not be impeded;
(j) A proposed trash management plan for the removal of trash created by waiting or arriving passengers;
(k) Six (6) copies of a document showing all proposed routes designated on a map, between the proposed passenger loading zone and the entry and exit points into and out of the District;
(l) The proposed intercity bus service schedule, including all departure and arrival times;
(m) The hours of the day and the days of the week for which the applicant seeks to occupy the intercity bus passenger loading zone (fractions of an hour are not permitted);
(n) The location where intercity buses will dwell or lay over between arrival and departure times; and
(o) Any other information that the Director requires to evaluate the application.
3501.4 The Department will provide the intercity bus service operator with contact information of a Department representative who will accept comments on the application. The contact information shall be included by the applicant in all notices to the public.
3502 PUBLIC NOTICE OF APPLICATION
3502.1 Within five (5) calendar days after filing an application, the applicant shall give notice of the application to the adjacent property owner(s) and to the property owners on either side of the adjacent property owner(s). Notice shall be provided by certified mail or other similar method that ensures date of delivery. The notice shall include a full copy of the submitted public space permit application, provided, that only one copy of each photographic that is part of the application need be provided, and the contact information provided by the Department for acceptance of comments on the application.
3502.2 Within five (5) calendar days after filing an application, the applicant shall deliver notice of the application by hand to the operator of each business in a building that is located on property that is immediately adjacent to the proposed passenger loading zone, if the business can be accessed directly from the sidewalk without entry into a common area of the building. The notice shall include a full copy of the submitted public space permit application, provided, that only one copy of each photograph that is part of the application need be provided, and the contact information provided by the Department for acceptance of comments on the application. Notice need not be provided to any business that cannot be accessed directly from the sidewalk.
3502.3 Within five (5) calendar days after filing an application, the operator shall post signs provided by the Department on at least one (1) sign pole or streetlight that is immediately adjacent to the curb where the intercity bus service passenger loading zone will be located. If no sign pole or streetlight is directly adjacent to the curb where the intercity bus service passenger loading zone will be located, the intercity bus operator may post the sign on the nearest sign pole or streetlight. The operator shall laminate the signs or protect the signs in another manner from the weather. The operator shall take all reasonable steps necessary to ensure the signs are posted for thirty (30) consecutive calendar days.
3502.4 Within five (5) calendar days after providing the required notice as specified in this section, the applicant shall file with the Department an affidavit verifying that the applicant provided each notice required in this section.
3503 PUBLIC SPACE FEES FOR INTERCITY BUS OPERATORS
3503.1 The intercity bus service operator shall be required to pay the annual permit fee listed in 24 DCMR § 225.1(q).
3503.2 In addition to the fee referenced in subsection 3503.1, the applicant shall pay any other applicable public space fee listed in 24 DCMR § 225.1 to the Department, including lost parking meter revenue caused by the use of the pubic right-of-way for the intercity bus service passenger loading zone.
3504 REVIEW OF APPLICATION; APPROVAL OR DENIAL
3504.1 The Public Space Committee or its designee shall review all public space permit applications of intercity bus service operators to occupy the public right-of-way for loading or unloading passengers.
3504.2 In determining whether an intercity bus service public space permit shall be granted, the Public Space Committee shall consider the following factors:
(a) Direct impact on vehicular and pedestrian traffic;
(b) The intercity bus service schedule, peak hour concentration, and anticipated traffic conditions;
(c) The proposed size of the passenger loading zone;
(d) The number of passengers expected to board or disembark at any given time;
(e) The anticipated impact on nearby public transit systems; and
(f) Any other effect of the proposed operations in public space on public health and safety and the efficient and safe operation of the existing transportation network, including pedestrian, vehicle, and all other modes of transportation.
3504.3 Notwithstanding §3504.2, the Public Space Committee shall not grant a public space permit to conduct intercity bus operations at the following locations:
(a) On a block containing a predominately residential building on either side of the block; or
(b) The same side of a block that contains an area designated as a Metro bus zone.
3504.4 If two (2) or more applicants apply for the same location, the Public Space Committee shall consider them in the order the applications were received by the Public Space Committee.
3504.5 The Public Space Committee shall notify the intercity bus service operator and the Department in writing whether the application for a public space permit is approved or denied.
3504.6 If the public space permit is approved, the intercity bus service operator shall provide payment of all associated fees, and file proof of the required insurance and indemnification with the Department.
3504.7 If the public space permit is denied, the Public Space Committee shall provide an explanation for the denial.
3504.8 After the intercity bus service operator meets the requirements of § 3504.6, the Department shall:
(a) Issue a permit to the intercity bus service operator; and
(b) Post signs delineating the curb space and designating the hour(s) of operation and day(s) of the week for each approved intercity bus service passenger loading zone. The signs shall prohibit parking during the hour(s) and day(s) approved for intercity bus service passenger loading and unloading.
3504.9 The permit issued by the Department shall be valid for one (1) year after the date of issuance, unless earlier cancelled, suspended, or revoked, and may be renewed pursuant to § 3507.
3505 USE OF LOADING ZONE; DISPLAY OF PERMIT
3505.1 An intercity bus service operator shall use a permitted passenger loading zone only for the immediate drop-off and pick-up of passengers for intercity bus service.
3505.2 No intercity bus service operator shall occupy a passenger loading zone except during the approved hours as posted on the sign.
3505.3 No intercity bus service operator shall occupy an intercity bus service passenger loading zone other than a loading zone it has been permitted to use.
3505.4 In occupying and making use of a passenger loading zone, the intercity bus service operator shall:
(a) Conduct intercity bus service passenger loading and unloading operations in public space only within its authorized passenger loading zone;
(b) Limit dwell time and layover in the passenger loading zone to no more than fifteen (15) minutes;
(c) Conduct active loading and unloading in a safe and expedient manner;
(d) Refrain from ticket vending or any other direct commercial activity on public space other than the loading and unloading of passengers; and
(e) Queue assembled passengers awaiting intercity bus service in an orderly manner that maintains a ten foot (10′) clear and unobstructed pedestrian pathway on the sidewalk and that does not interfere with ingress or egress to adjacent buildings or businesses.
3505.5 The intercity bus operator shall display a copy of the loading zone permit in a conspicuous location visible from the public space on the curb side of each authorized intercity motor carrier operating in the approved passenger loading zone.
3506 CHANGES IN INFORMATION
3506.1 An intercity bus service public space permit holder shall inform the Department in writing at least fifteen (15) days before any of the following changes:
(a) A reduction in the intercity bus departure and arrival schedules or a change in the route to or route from the approved passenger loading zone;
(b) A change in the intercity bus owner if different from the intercity bus service operator; or
(c) A modification in the intercity bus service operator’s liability insurance; provided the modified insurance still meets requirements specified in § 3509.2.
3506.2 Upon receiving information described in § 3506.1, the Director, without review by the Public Space Committee, may approve and issue a new public space permit, and the prior permit shall be void. Within five (5) days after issuance of a new public space permit, the bus service operator shall ensure that copies of the new permit are displayed as required by § 3505.5.
3506.3 Prior to the occurrence of any of the following changes, an intercity bus service public space permit holder shall submit a new application to the Department requesting a new public space permit:
(a) A proposed change in the location of the approved passenger loading zone;
(b) A proposed increase in the size of the approved passenger loading zone;
(c) A proposed increase in the hours of operation beyond the approved schedule; or
(d) A proposed increase in the number of scheduled arrivals or departures during the approved hours of operation.
3506.4 An application received under § 3506.3 shall be reviewed and approved by the Public Space Committee in accordance with the process outlined in this chapter for a new intercity bus passenger loading zone application.
3506.5 Upon approval by the Public Space Committee of any changes outlined in § 3506.3 of this section, the Department shall issue a new permit reflecting the approved change(s), and the prior permit shall be void. Within five (5) days after issuance of a new permit, the bus service operator shall ensure that copies of the new permit are displayed as required by § 3505.5.
3507 RENEWAL OF PERMIT
3507.1 An intercity bus service operator may apply to renew an annual permit within thirty (30) calendar days before the expiration of a current, valid permit issued under this chapter. An applications that does not change information, requirements, or conditions from the current approved permit and an application that changes only information listed in § 3506.1 may be approved by the Department without review by the Public Space Committee. All other renewal applications shall be sent to the Public Space Committee for review and shall follow the procedures outlined in this chapter.
3507.2 No permit shall be renewed unless the intercity bus service operator has paid all fees and costs outlined in this section applicable to the new period for which the renewal application is filed.
3508 CANCELLATION OF PERMIT
3508.1 The Director may cancel all or part of a public space permit issued pursuant to this chapter at any time and require the intercity bus service operator to vacate all or part of the public space it is occupying if the Director determines the public space is required to meet District transportation or public space needs.
3508.2 The Director shall provide written notice to the intercity bus service operator at the operator’s last address of record at least thirty (30) days before the cancellation of a permit under this section.
3508.3 If the Director requires the intercity bus service operator to vacate all or part of any public space occupied pursuant to a public space permit, the Director shall refund the percentage of the annual public space permit fee proportional to the amount of space so vacated and the length of time remaining in the year for which the permit fee was paid.
3509 REQUIRED INDEMNIFICATION AND INSURANCE
3509.1 Each intercity bus service operator shall defend, indemnify, and hold harmless the District of Columbia government, and its elected and appointed officials and officers, employees, agents and representatives, from and against any and all injuries, claims, demands, judgments, suits in law and equity (including without limitation, habeas corpus actions), actions before administrative tribunals, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, that actually or allegedly, in whole or in part, arise out of, or result from:
(a) The operations of the intercity bus service operator;
(b) The performance or failure of performance of duties required by or reasonably related to the intercity bus service; or
(c) The injury to any person or damage to any property, including the property of the District, by the intercity bus service operator, its employees, agents, or patrons.
3509.2 Each intercity bus service operator shall obtain a public liability insurance policy made out in the name of, and for the sole benefit of the District of Columbia, a municipal corporation, and its officers and employees, covering all use of public space. The insurance policy shall contain coverage in the following amounts:
(a) For each individual, five hundred thousand dollars ($500,000);
(b) For each accident, one million dollars ($1,000,000)
(c) For property damage, five hundred thousand dollars ($500,000).
3510 FINES
3510.1 An intercity bus service operator shall be subject to the following fines:
(a) Failure to obtain a permit for an intercity bus passenger loading zone: five hundred dollars ($500) for the first offense, one thousand dollars ($1,000) for the second offense, and one thousand five hundred dollars ($1,500) for the third and all subsequent offenses. Each bus loading or unloading passengers without a permit shall constitute a separate offense.
(b) Failure to display a permit for the use of an intercity bus passenger loading zone: one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense, and three hundred dollars ($300) for the third and each subsequent offense. Each bus failing to display a permit while loading or unloading passengers shall constitute a separate offense.
(c) Providing intercity bus passenger loading or unloading service outside of the hour(s) and day(s) of the week permitted: one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense, and three hundred dollars ($300) for the third and each subsequent event. Each bus loading or unloading passengers outside of the approved hour(s) or day(s) of the week permitted shall constitute a separate offense.
(d) Failure to abide by a condition of the permit: two hundred dollars ($200) for the first offense and three hundred dollars ($300) for the second and each subsequent offense.
(e) Knowingly falsifying material information provided on the permit application: one thousand dollars ($1,000).
3510.2 The District Department of Transportation and the Metropolitan Police Department may issue the fines specified in this section.
3511 SUSPENSION AND REVOCATION OF LICENSES
3511.1 The Department may suspend or revoke a public space permit issued to an intercity bus service operator for any of the following reasons:
(a) Failure to comply with any condition of the public space permit, including failure to pay a fee;
(b) Failure to cure any violation cited under §3509.1 or failure to pay the associated fine;
(c) Failure to satisfy any outstanding traffic or parking citation for which the intercity bus service operator was deemed to have admitted or that was sustained after a hearing;
(d) Falsification of any material information provided on the permit application;
(e) Failure to respond to any written request by the Department;
(f) Negative impact on vehicular and pedestrian flow or congestion caused in whole or in part by the intercity bus service operations;
(g) Causing a public safety hazard; or
(h) Causing a negative impact on rail or bus transit operations.
3511.2 Prior to suspending or revoking a public space permit under this section, the Department shall provide fifteen (15) days written notice to the intercity bus service operator committing any of the violations listed in §3510.1.
3511.3 Notwithstanding §3510.2, the Department may immediately suspend or revoke the permit issued to the intercity bus service operator if the intercity bus operations cause or contribute to a public safety hazard.
3512 REVIEW OF INFRACTIONS
3512.1 Notices of infractions for violations of this section shall be issued, answered, and adjudicated pursuant to the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) and the provisions of Chapter 31 of Title 16 of the District of Columbia Municipal Regulations.
3599 DEFINITIONS
3599.1 For the purposes of this chapter, the following words and phrases shall have the meanings ascribed, except in those instances where the context clearly indicates a different meaning:
Adjacent property owner – a person who owns the private property nearest the curb where the intercity bus operator plans to establish an intercity bus passenger loading zone. The adjacent property owner is on the same side of the street as the intercity bus passenger loading zone.
Bus – a motor vehicle with a seating capacity of more than twenty-five (25) passengers, exclusive of the driver, that is used for the transportation of passengers;
Department - District Department of Transportation
Director - Director of the District Department of Transportation.
Intercity bus – a bus used for intercity bus service.
Intercity bus service operator – a company that operates intercity buses.
Intercity bus service – regularly scheduled bus service for the general public which operates with limited stops over fixed routes connecting two (2) or more areas not in close proximity, and which has the capacity for transporting baggage carried by passengers.
Intercity bus service passenger loading zone or intercity bus passenger loading zone – a segment of a curb lane designated by signs prohibiting general purpose parking or standing to facilitate loading and unloading of passengers for intercity bus service.
Occupy – the parking, as that term is defined in 18 DCMR § 9901, of an intercity bus in a public right-of-way under the jurisdiction of the District of Columbia Government for any purpose.
Person - a person, utility, firm, partnership, association, corporation, company or organization of any kind.
Public right-of-way – all the publicly owned property between the property lines on a street as such property lines are shown on the records of the District of Columbia, including the roadways, tree spaces, sidewalks, and alleys.
Any person 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, Department, 2000 14th Street, N.W., 7th Floor, Washington, DC 20009. Comments may also be sent electronically to Policy.DDOT@dc.gov. Additional copies of this proposal are available, at cost, by writing to the above address, and are available electronically, at no cost, on the Department’s web site at www.ddot.dc.gov.
