5609333 Transportation, District Department of - Notice of Final Rulemaking - Pedicabs and Multi-Seat Pedal Cycles

DISTRICT DEPARTMENT OF TRANSPORTATION

                                                      

NOTICE OF FINAL RULEMAKING

 

The Director of the District Department of Transportation (DDOT), pursuant to the authority in Sections 3(b), 5(2)(K) (developing safe bicycle policies), 5(3)(D) (allocating and regulating on street parking and curb regulations), and 6(b) and (c) (transferring functions delegated to DPW) 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 §§ 50-921.02(b), 50-921.04(2)(K), (3)(D), and 50-921.05(b) and (c) (2014 Repl.)); Section 6(a)(1), (a)(2)(B), 6(a)(6) and 6(b) of the District of Columbia Traffic Act, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03(a)(1), (a)(2)(B), (a)(6), and (b) (2014 Repl.)); and Mayor’s Order 2013-063, dated April 2, 2013, hereby gives notice of the intent to adopt amendments to Chapters 12 (Bicycles, Motorized Bicycles, and Miscellaneous Vehicles), and 99 (Definitions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).

 

These amendments modify the regulations for pedicabs by establishing additional safety and operating standards, and prohibit the operation of multi-seat pedal cycles on public roadways in the District of Columbia.  Multi-seat pedal cycles are also commonly referred to as sightseeing pedal buses, pedal taverns, multi-seat party cycles, or conference bikes, and should not be confused with tandem-style bicycles having two or more riders pedaling. 

 

An initial Notice of Proposed Rulemaking was published in the D.C. Register on June 14, 2013, at 60 DCR 9084.  In response to public comments received, a number of revisions were made to the proposed pedicab rulemaking.  A Notice of Second Proposed Rulemaking was published in the D.C. Register on February 20, 2015, at 62 DCR 2362.  Several commentators requested that the seat belt requirement be dropped from the pedicab regulations, but a seat belt requirement has been part of the adopted rules since 2011, and at that time, seat belt use was supported by both the Mayor’s Office and the Metropolitan Police Department.  Additionally, a number of other cities require pedicabs to be equipped with a seatbelt, including New York City, Chicago and San Diego, and DDOT believes that the use of seatbelts has been proven to save lives.  Two commentators objected to the proposed requirement that a pedicab not be equipped with a pedal assist device with an electric motor because some parts of the District are hilly, but three additional commentators representing the pedicab industry favored the requirement because a pedicab equipped with such a device can go too fast and is unsafe.  A pedicab, as defined in this rulemaking, is used for transporting passengers for hire and DDOT has determined that because pedicabs using the pedal assist device with an electric motor can travel at 20 mph and potentially up to 30 mph, the use of the device poses an undue safety risk to passengers and other public space users.  Also, DDOT has concluded that due to the difficulty New York City is experiencing in enforcing its prohibition on the use of the device, the requirement that a pedicab not be equipped with the device is the best approach.  Therefore, no changes were made to the pedicab portion of the rulemaking.  Additionally, no comments were received for the Multi-seat Pedal Cycle portion of the rulemaking and no changes were made to that portion of the rulemaking either.

 

DDOT adopted the rules as final on May 15, 2015.  The rules will go into effect upon the date of publication of this Notice of Final Rulemaking in the D.C. Register.

 

Chapter 12, BICYCLES, MOTORIZED BICYCLES, AND MISCELLANEOUS VEHICLES, of Title 18 DCMR, VEHICLES AND TRAFFIC, is amended as follows:

 

Section 1213, PEDICABS, is amended to read as follows:

 

1213                PEDICABS

 

1213.1             Pedicabs shall be propelled solely by human power and shall not be equipped with a pedal assist device with an electric motor.

 

1213.2             Pedicabs shall be operated in accordance with the safe operation of bicycle regulations set forth in § 1201. 

 

1213.3             Notwithstanding § 1213.2, pedicabs shall be operated only on public streets.

 

1213.4             Each pedicab shall meet the following safety requirements:

 

(a)        The maximum width of the pedicab shall be fifty-five inches (55 in.);

 

(b)        The maximum length of the pedicab shall be ten feet (10 ft.);

 

(c)        The pedicab shall be equipped with:

 

(1)        Passenger seat belts (either one (1) seat belt for each passenger or one (1) seat belt that covers all passengers);

 

(2)        Hydraulic or mechanical disc or drum brakes, which shall be unaffected by rain or wet conditions;

 

(3)        At least one (1) and no more than two (2) battery-operated head lamps which shall emit a steady or flashing white light visible from a distance of at least five hundred feet (500 ft.) from the front of the pedicab, under normal atmospheric conditions at the times that use of the head lamp is required;

 

(4)        Battery-operated tail lamps mounted on the right and left areas of the rear of the pedicab, which, when operated, shall emit a steady or flashing red light visible from a distance of five hundred feet (500 ft.) to the rear, under normal atmospheric conditions at the times that use of the head lamp is required; 

 

(5)        Turning lights;

 

(6)        A bell or other device capable of giving a signal audible for a distance of at least one hundred feet (100 ft.); and

 

(7)        Reflectors on the spokes of the wheels of the pedicab.

 

(d)       Reflective tape shall be affixed on the pedicab in accordance with the following requirements:

 

(1)        The tape shall be at least two inches (2 in.) wide;

 

(2)        The tape shall be at least twelve inches (12 in.) long; and

 

(3)        There shall be at least one (1) piece of tape on each side of the pedicab.

 

(e)        A triangular shaped slow-moving vehicle (SMV) emblem conforming to the American National Standards Institute standard S276.7, shall be permanently affixed to the rear of the pedicab as follows:

 

(1)        With one (1) point up;

 

(2)        As close to the horizontal center of the pedicab as possible; and

 

(3)        No less than two feet (2 ft.) and no more than six feet (6 ft.) above the roadway surface as measured from the lower edge of the emblem.

 

1213.5             Each pedicab shall be operated in accordance with the following provisions:

 

(a)        All passengers shall be seated within the confines of the pedicab passenger seating area while the pedicab is in motion;

 

(b)        All passengers shall have a seatbelt securely fastened while the pedicab is in motion.  There shall be affixed to the pedicab a sign stating that all passengers shall have a seatbelt securely fastened while the pedicab is in motion, and the sign shall be clearly visible to passengers;

 

(c)        A pedicab shall not be operated on a roadway with a posted speed limit of more than thirty miles per hour (30 m.p.h.);

 

(d)       A pedicab may not be operated or parked on a sidewalk;

 

(e)        Pedicab passengers shall be loaded and off-loaded while the pedicab is stopped;

 

(f)        No pedicab operator shall stop to load or unload passengers on the traffic- facing side of the pedicab, while occupying any intersection or crosswalk, or in such a manner as to unduly interfere with the orderly flow of traffic.  All pedicab operators shall pull as close to the curb or edge of the roadway as possible to take on or discharge passengers;

 

(g)        A pedicab shall not be parked and left unattended in a restricted zone identified for other vehicles, including, but not limited to, parking meter zones, residential permit parking zones, valet parking zones, bus zones, taxicab zones;

 

(h)        A pedicab shall not be tied, cabled, or otherwise attached to a parking meter, street light pole, tree, or other public space asset;

 

(i)         At any time from one half (1/2) hour after sunset to one-half (1/2) hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet (500 ft.) ahead, a pedicab shall be operated as follows:

 

(1)               With a headlamp capable of being seen from a distance of at least five hundred feet (500 ft.); and

 

(2)               With tail lamps capable of being seen from a distance of five hundred feet (500 ft.);

 

(j)         When operating a pedicab upon a roadway at less than the normal speed of traffic, a person shall travel in the right-most travel lane. 

 

(k)        Notwithstanding paragraph (j) of this subsection, a pedicab may be operated in a travel lane other than the rightmost travel lane when:

 

(1)        Operating in a lane designated for bicycles;

 

(2)        Preparing to access a lane designated for bicycles;

 

(3)        Preparing for a turn;

 

(4)        Encountering road hazards or stopped or parked vehicles;

 

(5)        Necessary to comply with lane use restrictions;

 

(6)        Necessary for passenger safety;

 

(7)        Directed to do so by a police officer or other law enforcement or public safety official or by a traffic control officer; or

 

(8)        Operating on a one (1)-way street and traveling in the direction of traffic in the left-most travel lane.

 

1213.6             No one shall operate or be in control of a pedicab while the person’s alcohol concentration is eight hundredths of a gram (0.08 g) or more either per one hundred milliliters (100 ml) of blood or per two hundred and ten liters (210 L) of breath or one tenth of a gram (0.10 g) or more per one hundred milliliters (100 ml) of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor.

 

A new Section 1217 is added to read as follows:

 

1217                MULTI-SEAT PEDAL CYCLES

 

1217.1             No person shall operate, park, or stand any multi-seat pedal cycle, or cause any multi-seat pedal cycle to operate, park, or stand on any public bicycle path, public highway, or other public right-of-way within the District of Columbia.

 

Section 9901, DEFINITIONS, of Chapter 99, DEFINITIONS, is amended as follows:

 

The definition for Pedicab is amended to read as follows:

 

Pedicab – a bicycle with a single frame that connects two (2) rear wheels and one (1) front wheel or one (1) rear wheel and two (2) front wheels that is designed to be propelled by no more than one (1) person, that transports, or is capable of transporting, passengers on seats attached to the bicycle, and that is used for transporting passengers for hire.

 

New definitions for multi-seat pedal cycle and public bicycle path are added in alphabetical order to read as follows:

 

Multi-seat pedal cycle - a bicycle with three or more wheels that is designed and constructed to permit seating by more than two people, that is propelled by human power, and that is designed to permit propulsion by more than two individuals simultaneously. A multi-seat pedal cycle includes, but is not limited to conference bicycles, sightseeing pedal buses, or pedal taverns. A multi-seat pedal cycle shall not include a tandem bicycle. 

 

Public bicycle path - means a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians.