4482872 Reserved On-Street Car Sharing Rulemaking  

  • DISTRICT DEPARTMENT OF TRANSPORTATION

     

    NOTICE OF FINAL RULEMAKING

     

    The Director of the District Department of Transportation (“DDOT”), pursuant to the authority set forth in Sections 3(b), 5(4)(A), 6(b), 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(4)(A), 50-921.05(b), and 50-921.06 (2009 Repl. & 2012 Supp.)), Section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1996 (D.C. Law 11-198, D.C. Official Code§ 10-1141.04) ((2012 Supp.)), and Mayor's Order 96-175, dated December 9, 1996, hereby gives notice of the adoption of the following amendments to Chapter 24 (Stopping, Standing, Parking, and other Non-Moving Violations) and Chapter 99 (Definitions) of Title 18 (Vehicles and Traffic), and Chapter 33 (Public Right-Of-Way Occupancy Permits) of Title 24 (Public Space and Safety), of the District of Columbia Municipal Regulations (DCMR).

     

    The purpose of the amendments is to establish a public right of way occupancy permit process for reserved on-street car-sharing companies to enter the reserved on-street car-sharing program, and to modify the reserved on-street car-sharing program to require car-sharing vehicles in each ward.

     

    A Notice of Proposed Rulemaking was published in the D.C. Register on June 7, 2013 at 60 DCR 8678. No comments were received. No changes were made to the text of the proposed rules.

     

    DDOT adopted the rules as final on August 2, 2013.  The final rules will become effective on 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 2406.12 is amended as follows:

     

    Paragraph (a) is amended to read as follows:

     

    (a)                The Director may establish reserved on-street parking spaces for the exclusive use of car-sharing vehicles pursuant to public right-of-way occupancy permits issued pursuant to 24 DCMR § 3313.

     

    Paragraph (b) is repealed.

     

    Chapter 99, DEFINITIONS, is amended as follows:

     

    Section 9901, DEFINITIONS, is amended as follows:

     

    The following terms and their ascribed meanings are amended to read as follows:

     

    Reserved on-street car-sharing company – a company with a basic business license to operate in the District that provides access to car-sharing vehicles to the general public for short-term reservations.

     

    Reserved on-street car-sharing program – DDOT’s program authorizing the permitting of public space for the exclusive use of car-sharing vehicles.

     

    Chapter 33, PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS, of Title 24, PUBLIC SPACE AND SAFETY, of the DCMR is amended as follows:

     

    A new Section 3313 is added to read as follows:

     

    3313                RESERVED ON-STREET CAR SHARING

     

    3313.1             No person shall use the public right-of-way for the parking of its car-sharing vehicles in designated spaces in the public space without a public space permit issued by the Director.

     

    3313.2             The Director shall issue an annual public space permit for a reserved on-street car sharing program only to a reserved on-street car-sharing company (“company”).

     

    3313.3             A public space permit issued pursuant to this section shall be subject to the following conditions, in addition to such other conditions as may be imposed by law, regulation, or the Director:

     

    (a)        The company must indemnify the District against legal liabilities associated with the use of public space for car-sharing operations;

     

    (b)        All company car-sharing vehicles parked in the District, regardless of whether they are located on private or public space, must be registered in the District and display District license plates;

     

    (c)        The company must reserve at least one (1) on-street space in each ward;

     

    (d)       The company must have at least as many vehicles available to members in private parking locations as in public parking locations, including at least one (1) in each ward; and

     

    (e)        The company shall provide DDOT with data to help evaluate the impact of the reserved on-street car-sharing program.

     

    3313.4             The fee for a permit issued pursuant to this section shall be assessed, for each parking space covered by the permit, at an annual cost of two thousand eight hundred and ninety dollars ($2,890).

     

    3313.5             The fee may be increased annually by the lesser of the Consumer Price Index or five percent (5%).

     

    3313.6             The permit may be renewed annually.

     

    Section 3399 is amended as follows:

     

    Three new definitions are added in alphabetical order to read as follows:

     

    Car-sharing vehicle – any vehicle available to multiple users who are required to join a membership organization in order to reserve and use such a vehicle for which they are charged based on actual use as determined by time and/or mileage.

     

    Reserved on-street car-sharing company – a company with a basic business license to operate in the District that provides access to car-sharing vehicles to the general public for short-term reservations.

     

    Reserved on-street car-sharing program – DDOT’s program authorizing the permitting of public space for the exclusive use of car-sharing vehicles.