5054202 Transportation, District Department of - Notice of Proposed Rulemaking - Establishes rules for safe accommodation for pedestrians and bicyclists

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 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the DDOT Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the DDOT Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works (DPW) under Section III(F) of Reorganization Plan No. 4 of 1983 to DDOT) 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) (2012 Repl. & 2014 Supp.)), 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, 10-1141.02, 10-1141.03, 10-1141.03a, 10-1141.05, and 10-1141.06 (2013 Repl. & 2014 Supp.)), which was delegated to the DPW Director pursuant to Mayor’s Order 96-175, dated December 9, 1996, and D.C. Official Code §§ 10-1141.03(f), 10-1141.04(5), 10-1141.04(6), 10-1141.04(7), and 10-1141.04(8) (2013 Repl. & 2014 Supp.), and subsequently transferred to the DDOT Director in Section 7 of the DDOT Establishment Act (transferring to the DDOT Director all transportation-related authority previously delegated to the DPW Director) (D.C. Official Code § 50-921.06 (2012 Repl.)), hereby gives notice of the intent to adopt amendments to Chapter 33 (Public Right-of-way Occupancy Permits) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).

 

The proposed rulemaking implements  amendments to 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, 10-1141.02, 10-1141.03, 10-1141.03a, 10-1141.04, 10-1141.05, and 10-1141.06 (2013 Repl. & 2014 Supp.)) made by the Bicycle Safety Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-49; D.C. Official Code §§ 50-1401.01(a)(1)(B)(i), 50-2201.04d, 10-1141.03, 10-1104.04 (2014 Supp.)) by adding a new Section 3314 (Safe Accommodation for Pedestrians and Bicyclists) to Title 24 of the DCMR.  The proposed regulations require permittees blocking a sidewalk or bicycle lane to provide a safe accommodation for pedestrians and bicyclists, clarify that the closing of a sidewalk or a bicycle lane is to be treated in the same manner as the closure of a lane of travel, define the term “safe accommodation,” and add the requirement that, when applicable, traffic management plans submitted with a permit application must address safe accommodations prior to the DDOT Director approving the application.  Additionally, the proposed rules require that signage used to direct pedestrians or bicyclists along a detour route must display a message that is specific to bicyclists or pedestrians.  In addition, the proposed rules require that if a pedestrian or bicycle route must be closed intermittently during off-peak hours due to conflicts with construction activities or construction vehicles, flaggers must be posted at each end of closure to assure the safe and reasonable flow of pedestrian and bicycle traffic is maintained.  Finally, the proposed rules provide that the DDOT Director may revoke a permit if the permittee fails to comply with Section 3314 or an approved traffic management plan, if revocation protects the public safety and welfare, or for any other reason authorized by law.  In addition, the proposed rulemaking would amend Section 3399 (Definitions) of Title 24 of the DCMR to add definitions of the terms: bicycle lane, MUTCD, pedestrian, protected bicycle lane, public bicycle path, sharrow lane markings, and sidewalk. 

 

The Director gives notice of the intent to take final rulemaking action in not less than thirty (30) days after the date of the publication of this notice in the D.C. Register.

 

Title 24, PUBLIC SPACE AND SAFETY, of the DCMR is amended as follows:

 

Chapter 33, PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS, is amended as follows:

 

A new Section 3314 (Safe Accommodation for Pedestrians and Bicyclists) is added to read as follows:

 

3314                SAFE ACCOMMODATION FOR PEDESTRIANS AND BICYCLISTS

 

3314.1             A public right-of-way occupancy permit that authorizes blockage of a sidewalk, bicycle lane, or other public bicycle path shall require the permittee to provide a safe accommodation for pedestrians and bicyclists.

 

3314.2             The blockage of a sidewalk, bicycle lane, or other public bicycle path shall be treated in the same manner as the closure of a lane of motor vehicle traffic by applying similar temporary traffic control practices as would be applied to the closure of a lane of motor vehicle traffic for each permit issued.  The design and placement of the temporary traffic control signs, devices and roadway markings shall be in compliance with the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD).

 

3314.3             The term “safe accommodation” means a safe and convenient route for pedestrians and bicyclists that ensures an accommodation through or around a work zone that is equal to the accommodation that was provided to pedestrians and bicyclists before the blockage of the sidewalk, bicycle lane, or other public bicycle path.

 

3314.4             (a)        The safe accommodation for pedestrians shall meet or exceed the current DDOT standards, “Pedestrian Safety and Work Zone Standards – Covered and Open Walkways” including the following:

 

(1)        Routing priority; provided that closing a sidewalk  and routing pedestrians to the sidewalk on the opposite side of the street shall only be approved as a last resort for the duration of time needed to assure pedestrian safety in the absence of other practicable routing options;

 

(2)        Compliance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (Pub. L. 101-336, 42 U.S.C. §§ 12101 et seq.); 

 

(3)        Protecting pedestrians from adjacent construction activities;

 

(4)        Covering the pedestrian walkway when overhead danger is present;

 

(5)        Physically separating pedestrians from vehicular traffic;

 

(6)        Covered walkway structural specifications; and

 

(7)        Modification requests.

 

(b)        The permittee shall maintain the pedestrian route free of obstructions and surface hazards, such as construction equipment, construction materials, debris, mud and loose gravel at all times.

 

(c)        The routing for a safe accommodation for bicyclists shall replicate the safety level of the existing bicycle route, such as by providing:

 

(1)        A route that is physically separated from motor vehicle traffic if a protected bicycle lane is blocked or providing a route that is for the exclusive use by bicyclists if a bicycle lane is blocked whenever feasible;   

 

(2)        A route which is free of obstructions and surface hazards, such as construction equipment, construction materials, debris, holes, mud, loose gravel, milled surfaces and uneven pavement; and

 

 (3)       A route that does not share a covered or open walkway with pedestrians.

 

(d)       The method for providing the safe accommodation for bicyclists shall be prioritized as follows:

 

(1)        Closing a parking lane and keeping the adjacent bicycle lane open;

 

(2)        Shifting the bicycle lane to a location on the same roadway to by-pass the work zone, and if necessary, shifting and narrowing the adjacent motor vehicle traffic lanes; provided the adjacent motor vehicle travel lanes shall be maintained at no less than ten feet (10 ft.) wide;

 

(3)        Closing the adjacent motor vehicle travel lane to provide space for a bicycle lane; provided that a minimum of one (1) motor vehicle travel lane shall remain in the same direction of travel;

 

(4)        Merging the bicycle lane and the adjacent motor vehicle travel lane into a shared travel lane adjacent to the work zone, installing sharrow lane markings in the shared travel lane and installing work zone signage directing bicyclists to merge into the shared travel lane; provided the shared travel lane shall be maintained at no less than thirteen feet (13 ft.) wide; and

 

(5)        As a last resort, detouring bicyclists onto an adjacent roadway, in which case the detour route shall replicate, as closely as practicable, the level of safety found on the bicycle route being blocked.

 

3314.5             Each applicant submitting a permit application to the Director which will result in the blockage of a sidewalk, bicycle lane, or other public bicycle path, shall submit for approval by the Director a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit by the Director.

 

3314.6             The traffic management plan submitted to the Director pursuant to Section 3314.5 shall require MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route as follows:

 

(a)        Signage intended only for pedestrians shall display the word “pedestrians” or the pedestrian symbol and shall adequately warn of any route change and clearly mark the alternate route;

 

(b)        Signage intended only for bicyclists shall display the word “bicycles,” the word “bicyclists,” or the bicycle symbol and clearly mark the alternate route;

 

(c)        Signage shall adequately warn bicyclists and motorists alike of any lane shift or shared lane condition; and

 

(d)       Any additional signage or roadway markings, such as signage or roadway markings for a lane shift, a sharrow lane, or a detour route, shall be provided and maintained for the length of the altered route.

 

3314.7             If a safe accommodation for pedestrians or bicyclists must be closed intermittently during off-peak hours due to conflicts with construction activities or construction vehicles, the traffic management plan submitted to the Director pursuant to Section 3314.5 shall require that:

 

(a)        Flaggers be posted at each end of the closed pedestrian or bicycle route for the entire duration of time the intermittent closure is in place; and

 

(b)        The safe and reasonable flow of pedestrian and bicycle traffic be maintained in preference to construction activities and the flow of construction vehicles.

 

3314.8             The Director may revoke a public right-of-way occupancy permit authorizing the blockage of a sidewalk, bicycle lane, or other pedestrian or bicycle path for any of the following reasons:

 

(a)        The permittee fails to comply with a provision of Sections 3314.1 through 3314.7 above;

 

(b)        The permittee does not comply with the traffic management plan approved by the Director;

 

(c)        To protect the public safety and welfare; or

 

(d)       Any other reason authorized by law.

 

Section 3399, DEFINITIONS, is amended as follows:

 

New definitions are added in alphabetical order to read as follows:

 

Bicycle lane – a portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

 

MUTCD – the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6, as approved by the Federal Highway Administration.

 

Pedestrian – a person travelling on foot or using a wheelchair or motorized wheelchair.

 

Protected bicycle lane – a bicycle lane which is physically separated from motor vehicle lanes or is buffered from a motor vehicle lane by a combination of roadway markings and delineator posts.

 

Public bicycle path – a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians.  (D.C. Official Code § 50-1609(6) (2012 Repl.)).

 

Sharrow lane markings – lane markings which indicate to motorists and bicyclists that the lane is intended to be shared by both motor vehicles and bicycles.

 

Sidewalk – the paved portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

 

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 [e-mail].   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.