502477 Valet Parking-Adjudication  

  • 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(3)(D)(i), 5(3)(D)(iii), 6(c), 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(3)(D)(i), 50-921.04(3)(D)(iii), 50-921.05(c), and  50-921.06)) (2009 Repl); Mayor’s Order 2009-62 (April 21, 2009); 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, et seq.) (2008 Repl.); Mayor’s Order 96-8 (February 9, 1996); the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801, et seq.) (2008 Repl. and 2009 Supp.) (Litter Control Act); and Mayor’s Order 2000-184 (December 5, 2000), hereby gives notice of the adoption of the following amendments to Title 18, Vehicles and Traffic, and Title 24, Public Space and Safety, of the District of Columbia Municipal Regulations.

     

    The amendments provide, in part, that standing or parking in a valet parking zone or valet staging zone is illegal and that valet parking is an activity that cannot be performed without a permit; list the fines associated with valet parking; establish that violations of the valet parking regulations may be enforced and adjudicated under the Litter Control Act; and clarify when a valet parking permit is required if valet staging occurs in a circular driveway.

     

    A Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on June 11, 2010 (57 DCR 5059).  No comments were received in response to the rulemaking notice.

     

    This final rule will become effective upon publication of this notice in the D.C. Register.

     

    Title 18, Vehicles and Traffic, of the District of Columbia Municipal Regulations is amended as follows:

     

    Section 2409, Restricted Use of Bus, Taxicab, and Sightseeing Zones and Stands, is amended by changing the heading to read as follows:

     

    The section heading is amended to read as follows:

     

    2409                Restricted Use of Valet Parking, VALET STAGING, Bus, Taxicab, and Sightseeing Zones and Stands

     

    Subsection 2409.1 is amended to read as follows:

     

    2409.1             The Director may:

    (a)        Prohibit parking and/or standing at bus stops, zones, and stands; taxicab stands; valet parking zones; valet staging zones; and sightseeing stands;

    (b)        Determine the dimensions of the area where parking and standing at such stops, zones, and stands will be prohibited; and

    (c)        Erect signs designating the areas where parking and/or standing are prohibited.

    Subsection 2409.3 is amended to read as follows:

    2409.3             (a)        Except as provided in paragraph (b) of this subsection, no person shall

    stand or park a vehicle in a valet parking zone or valet staging zone unless authorized to do so; in a bus stand, stop, or zone, other than a bus authorized to use the bus stand, stop, or zone; in a taxicab stand, other than a taxicab authorized to use the taxicab stand; or in a sightseeing stand, other than a sightseeing vehicle authorized to use the sightseeing stand.

     

    (b)        A driver of a passenger vehicle may stop momentarily in a stand, stop, or zone described in paragraph (a) of this subsection for the purpose of and while actually picking up or discharging passengers, as long as such stopping does not interfere with any vehicle, bus, taxicab, or sightseeing vehicle about to enter the stand or zone designated for the use of such vehicle.

    Section 2601, Parking and other Non-moving Infractions, is amended as follows:

     

    Subsection 2601.1 is amended to add the following infraction:

     

    INFRACTION                      FINE                          In Ballpark                During

    (DCMR                                                                      Zone [§§                     Ballpark

    Citation)                                                                     2404.24,                      Events [§

                                                                                        2424.12]                      2424.12]         

     

    Valet parking zone,                 100.00

    Valet staging zone

    [§ 2409.3]                               

     

    Title 24, Public Space and Safety, of the District of Columbia Municipal Regulations is amended as follows:

     

    Section 101, Streets and Roads, is amended as follows:

     

    Subsection 101.5 is amended to read as follows:

     

    101.5               No part of any street shall be used for the keeping, depositing, storing, displaying, selling, valet staging or valet parking of vehicles of any kind, except when authorized under a permit issued in conformity with the provisions of chapter 3 or 16 of this title.

     

    A new subsection 101.8 is added to read as follows:

     

    101.8               Any person issued a valet staging or valet parking permit pursuant to section 101.5 shall comply with all terms and conditions of the permit and Chapter 16 of this title, as that chapter is amended from time to time.

     

    Section 1380, Schedule of Fines for Violations of the Litter Control Administration Act, is amended as follows:

     

    Subsection 1380.4 is amended to add the following Valet Parking infractions and penalties:

    Infraction                                                                    Penalty                     

     

    Providing valet parking without a

    valid Valet Parking permit                                          $ 300 per occurrence

    (24 DCMR 1600.1)

     

    Failure to display a Valet Parking

    Permit                                                                          $ 50 per occurrence

    (24 DCMR 1605.1 - Standard Valet

    Parking permits)

    (24 DCMR 1611.2 - Event Venue Valet Parking

    permits)

     

    Unauthorized staging -

    applies only to Standard Valet

    Parking permits                                                           $ 150 per occurrence

    (24 DCMR 1604.3) 

     

    Parking motor vehicle in public space

    in violation of Valet Parking permit -

    applies only to Standard Valet

    Parking permits                                                           $ 250 per occurrence

    (24 DCMR 1606.1)

     

    Failure to notify Department of any

    change to Valet Parking permit                                  $ 25/change/day

    (24 DCMR 1606.2, 1606.3, 1612.3, 1612.4)

     

    Leaving a motor vehicle awaiting valet

    parking in a Valet Parking Staging Zone

    beyond 10 minutes - applies only to Standard

    Valet Parking permits                                                 $ 100 per occurrence

    (24 DCMR 1604.5

     

     

    Section 1600, General Provisions, is amended as follows:

     

    Subsection 1600.1 is amended to read as follows:

     

    1600.1             No person shall conduct, operate, maintain, or provide Valet Parking services utilizing public space within the District of Columbia without a permit from the Department.  A person providing Valet Parking services for a non-recurring, one-time event at a private residence shall be exempt from the provisions of this chapter.  A person providing Valet Parking services from the section of a circular driveway between the property line and the closest edge of the sidewalk shall be exempt from the provisions of this chapter.

     

    Section 1607, Event Venue Valet Parking Permit Fees, is amended as follows:

     

    Subsection 1607.3 is amended to read as follows:

     

    1607.3             The public space occupancy fee to rent curbside space for Valet Parking services is fifty cents (50¢) per hour per twenty (20) linear feet of street along the curb.

    Section 1613, Penalties, Suspension, and Revocation, is amended as follows:

     

    The section heading is amended to read as follows:

     

    1613                SUSPENSION AND REVOCATION

     

    Subsection 1613.1 is repealed.