5065357 Transportation, District Department of - to amend 18 DCMR, Ch. 24 and Ch. 99, to revise Visitor Parking Permit program

DISTRICT DEPARTMENT OF TRANSPORTATION

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the District Department of Transportation (DDOT), pursuant to the authority in Sections 4(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(3)(D)(i) and (iii) (allocating and regulating on-street parking), and 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(3)(D)(i) and (iii),  and 50-921.04(4)(A) (2012 Repl.)), and Sections 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)(6), and (b) (2012 Repl. & 2014 Supp.)), hereby gives notice of this proposed action to adopt rules that amend Chapter 24 (Stopping, Standing, Parking, and Other Non-Moving Violations) and Chapter 99 (Definitions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).

 

The proposed rules will clarify and update the references to the temporary home health care provider parking permit and the temporary visitor parking permit, establish and update the references to an annual visitor parking pass (VPP) program for Wards 1, 3, 4, 5, 6, 7, and 8 and Advisory Neighborhood Commission (ANC) 2F, describe the process for other ANCs in Ward 2 to request inclusion into the VPP program, describe the process for residents to obtain an annual visitor parking pass, limit the use of the VPP program to the ANC, and define the terms Annual Visitor Parking Pass,  Housing Unit, Temporary Home Health Care Provider Parking Permit, and Temporary Visitor Parking Permit.

 

Final rulemaking action shall not be taken in less than thirty (30) days after the date of publication of this notice in the D.C. Register. 

 

Chapter 24, STOPPING, STANDING, PARKING, AND OTHER NON-MOVING VIOLATIONS, of Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:

 

Section 2411, RESIDENTIAL PERMIT PARKING, is amended as follows:

 

Subsection 2411.25(a)(4) is repealed.

 

 

Section 2414, VISITOR OR TEMPORARY PERMITS, is amended to read as follows:

 

 

PART A:        TEMPORARY HOME HEALTH CARE PROVIDER PARKING PERMITS

 

2414.1             The Director may issue a temporary home health care provider parking permit, valid for a period of up to sixty (60) days, for temporary use warranted by a resident’s medical necessity.

 

2414.2             A temporary home health care provider parking permit may be issued for a zone even though the motor vehicle displays a residential permit parking sticker for another zone.

 

2414.3             The forgery, counterfeiting, or unauthorized use or replication of a temporary home health care provider parking permit shall be punishable by a fine of three hundred dollars ($300).

 

2414.4             RESERVED

 

PART B:        TEMPORARY VISITOR PARKING PERMITS

 

2414.5             The Chief of Police may issue a temporary visitor parking permit valid for a period of up to fifteen (15) days to visitors at an address on a residential permit parking block. 

 

2414.6             A temporary visitor parking permit shall be valid on a commercial vehicle only while the operator of the vehicle is actually involved in the performance of construction, maintenance, repair, or reconstruction work at an address on a residential permit parking street.

 

2414.7             A temporary visitor parking permit may be issued for a zone even though the motor vehicle displays a residential permit parking sticker for another zone.

 

2414.8             The forgery, counterfeiting, or unauthorized use or replication of a temporary visitor parking permit shall be punishable by a fine of three hundred dollars ($300).

 

PART C:        ANNUAL VISITOR PARKING PASS

 

2414.9             An annual visitor parking pass (“VPP”) program is hereby established by the District Department of Transportation (“DDOT”) in the following areas of the District (the “VPP program area”):

 

(a)        Wards 1, 3, 4, 5, 6, 7, and 8; and

 

(b)        Advisory Neighborhood Commission 2F.

 

2414.10           Additional Advisory Neighborhood Commission areas in Ward 2 may be added to the annual VPP program area if:

 

(a)        The Advisory Neighborhood Commission, by resolution, votes to request that DDOT add the Advisory Neighborhood Commission area to the annual VPP program area; and

 

(b)        DDOT adds the Advisory Neighborhood Commission area to the annual VPP program by rulemaking.

 

2414.11           Each housing unit located on a residential permit parking block or an ERPP block as defined by Subsection 2411.25 in the VPP program area shall be eligible to receive one (1) annual visitor parking pass.

 

2414.12           (a)        Each annual visitor parking pass shall authorize a person using the pass to park a vehicle only in the Advisory Neighborhood Commission area designated on the pass.

 

(b)        The Advisory Neighborhood Commission area designated on the annual visitor parking pass shall be the geographic area of the Advisory Neighborhood Commission in which the housing unit for which the pass is issued is located.

 

2414.13           Each annual visitor parking pass shall be valid during a single calendar year (from January 1 through December 31).  The calendar year shall be designated on the pass.

 

2414.14           A person’s use of the annual visitor parking pass shall be valid only if:

(a)        The pass is clearly displayed on the driver side of the vehicle dashboard;

 

(b)        The vehicle is parked in the Advisory Neighborhood Commission area designated on the pass;

 

(c)        (1)        The person using the pass is a guest of a resident in the Advisory Neighborhood Commission area designated on the pass; or

 

(2)        If the pass is displayed on a commercial vehicle, the operator of the vehicle is actually involved in the performance of construction, maintenance, repair, or reconstruction work at an address in the Advisory Neighborhood Commission area designated on the pass; and

 

(d)       The vehicle is parked in a location where it would be valid for a vehicle with a residential permit parking sticker to be parked.

 

2414.15           In order to obtain an annual visitor parking pass, a resident from an eligible housing unit shall:

 

(a)        Submit an application, either online or over the phone, in a format provided by DDOT; and

 

(b)        Provide confirmation of District residency.

 

2414.16           After approval of an application by DDOT, DDOT shall mail the annual visitor parking pass to the address on the application.

 

2414.17           An annual visitor parking pass may be used in an Advisory Neighborhood Commission area even though the motor vehicle displays a residential permit parking sticker for another zone.

 

2414.18           The forgery, counterfeiting, sale, exchange for value, or unauthorized use or replication of an annual visitor parking pass shall be punishable by a fine of three hundred dollars ($300).

 

Chapter 99, DEFINITIONS, is amended as follows:

 

Section 9901, DEFINITIONS, is amended as follows:

 

New definitions are added to read as follows:

 

Annual Visitor Parking Pass -- a visitor permit valid for an entire calendar year.

 

Housing Unit -- a single family home (attached, semi-detached, or detached), a residential unit in a condominium, a residential cooperative unit, a residential unit in a flat, or a residential apartment in an apartment building.

 

Temporary Home Health Care Provider Parking Permit -- a temporary permit valid for up to sixty (60) days, for the temporary use warranted by a resident’s medical necessity.

 

Temporary Visitor Parking Permit -- a visitor permit valid for up to fifteen (15) days.

 

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.