3314.1 No person shall use the public right-of-way to deploy or make available for rent shared fleet devices in the public right-of-way without a permit issued by the Director.
3314.2The Director may issue a shared fleet device permit only to a shared fleet device operating company with a basic business license to operate in the District.
3314.3 The Director shall charge permit fees and assess a bond, cash deposit, or other security acceptable for the use of the public right-of-way to each dockless vehicle operating company that offers dockless vehicles for rental in the public right-of-way. Permit fees and performance bonds shall be assessed as follows:
(a) Prior to January 1, 2019: (1) A non-refundable application fee of fifty dollars ($50) per permit;(2) A technology fee of twenty-five dollars ($25) per permit;(3) A permit fee of two thousand dollars ($2,000) per month; and(4) A five thousand dollar ($5,000) refundable bond, cash deposit, or other security acceptable to the Director securing the faithful performance of the obligations of the dockless vehicle operating company under any Public Right-of-Way Occupancy Permit issued pursuant to this section and the compliance with all terms and conditions of this section. If the Applicant chooses to maintain a bond with the Department, the bond shall be continuously valid for one year at any point in time during the length of the permit.(b) Effective January 1, 2019: (1) An application fee of fifty dollars ($50) per permit;(2) A technology fee of twenty-five dollars ($25) per permit;(3) A fee of two hundred fifty dollars ($250) for the initial permit to operate in the public right-of-way;(4) A fee of one hundred dollars ($100) for each annual renewal of the permit to operate in the public right-of-way;(5) According to the month during which the dockless sharing vehicle will enter into operation in the District, a per vehicle fee of: Month of First Operation | Per Vehicle Fee |
January | $6 0 |
February | $55 |
March | $50 |
April | $45 |
May | $40 |
June | $35 |
July | $30 |
August | $25 |
September | $20 |
October | $15 |
November | $10 |
December | $5 |
(6) A ten thousand dollar ($10,000) refundable bond or other security acceptable to the Director, to be retained by the Department in the event the dockless vehicle operating company fails to remove from the public right-of-way vehicles that are unsafe, unpermitted, or abandoned, or if the District of Columbia must remove, relocate, impound, or store dockless vehicles due to improper parking, safety hazards, or any other violation of these regulations or the terms and conditions of the Public Right-of-Way Occupancy Permit.(c) Effective January 1, 2023: (1) The application fee shall be fifty dollars ($50) per permit;(2) The technology fee shall be twenty-five dollars ($25) per permit;(3) The fee for the initial permit to operate in the public right-of-way shall be two hundred fifty dollars ($250);(4) Each renewal of the permit to operate in the public right-of-way shall be one hundred dollars ($100);(5) A ten thousand dollar ($10,000) refundable performance bond, to be retained by the Department, in an amount totaling any costs incurred, if the shared fleet device operating company fails to remove from the public right-of-way devices that are unsafe, unpermitted, or abandoned, or if the District of Columbia must remove, relocate, impound, or store shared fleet devices due to improper parking, safety hazards, or any other violation of these regulations or the terms and conditions of the shared fleet device permit.(6) The monthly fee for each permitted shared fleet device during each month of a permit shall be $10.(7) Shared fleet device permitted operators must pay the device fees described in paragraph (6) to the Department on a semi-annual basis.(8) If a shared fleet device permitted operator is no longer offering service in the District, the Department shall not refund any fees paid for the current or past months of operations.3314.4Before the Director may issue a permit to a shared fleet device operating company, the company must submit, and the Director must approve, an operations plan that addresses safe accommodation for pedestrians and bicyclists.
3314.5A shared fleet device permit issued pursuant to this section shall be subject to the following terms and conditions, in addition to such other conditions as may be imposed by law or regulation:
(a) The shared fleet device operating company shall indemnify the District against all liabilities associated with the use of the public right-of-way by the shared fleet device operating company's devices;(b) The shared fleet device operating company shall ensure that each shared fleet device in its fleet has a clearly displayed unique identification;(c) The shared fleet device operating company shall, unless the company has fewer than two hundred (200) permitted shared fleet devices, deploy at minimum three percent (3%) of its fleet in each ward between 5:00 a.m. and 7:00 a.m. daily;(d) The shared fleet device operating company shall equip each shared fleet device with on-board Global Positioning System (GPS) technology that does not obtain spatial information by relying on a customer's smartphone;(e) The shared fleet device operating company shall make shared fleet devices able to be located and unlocked both by using a smartphone application, and without a smartphone or computer. (1) If a customer uses a smartphone to locate or unlock a device, the company shall not require customers to grant location services from their smartphones and shall not require access to customer's contacts, photos, or other personal files.(2) The company may request that customers "opt in" to granting location services for improved functionality, but only if a customer's failure or refusal to grant location services does not prevent the customer from using the company's shared fleet devices;(f) The shared fleet device operating company shall provide the Director or the Director's designee with data, of types identified by administrative issuances published on the Department's website, to help evaluate the impact of the operator's publicly accessible shared fleet device system. These specified types may include CSV or JSON file types or another format acceptable to the Director as communicated through administrative issuance;(g) The shared fleet device operating company shall provide a publicly accessible Application Program Interface (API), clearly posted on the shared fleet device operating company's website, that provides, at minimum, the current location of any of its shared fleet devices available for rental at all times. Data shall be provided in the General Bikeshare Feed Specification (GBFS) format or an alternative format approved by the Director, reflecting industry best practices for frequency and updated by administrative issuance;(h) On the seventh (7th) day of each month, or the next business day if the seventh (7th) day of the month is a weekend day or holiday, the shared fleet device operating company shall electronically report to the Director or the Director's designee the origin, destination, route traveled, and device type for each trip completed, penalties or fines assessed against riders by the operator, crash and injury data reported to the operator from either the users of its shared fleet devices or other sources, and any anonymous ridership data requested by the Director or the Director's designee for each shared fleet device, and a description of all complaints made against the operating company;(i) The shared fleet device operating company shall provide the Director or the Director's designee an additional Application Programming Interface (API), distinct from the API described in 3314.5(g), available to the Department. Pursuant to section 6c(c)(4) of the District of Columbia Traffic Act, 1925, effective March 16, 2021 (D.C. Law 23-203), the Director may also require the company to make this additional API available to another District government agency or a third party for data visualization or analysis purposes. Data shall be provided in a format acceptable to the Director that allows real-time program review, and the Director may, by administrative issuance to be published on DDOT's website, identify standards and specification for this data;(j) The shared fleet device operating company shall provide a toll-free telephone number for reporting shared fleet devices that are inoperable or suspected of being operated or parked in an apparent violation of the law, and to file complaints. The shared fleet device operating company shall display the telephone number on all its devices, including in braille. By January 1, 2023, the company shall also provide, on each shared fleet device, information on how to report an illegally parked device to the District's 311 Call Center;(k) The shared fleet device operating company shall make shared fleet devices available: (1) To all members of the public who comply with the operating company's terms and conditions;(2) For use throughout the entire District, subject to any geofencing required by this chapter; and(3) Without charging customers different rates or different fees based on a trip's origin and destination, provided the trip's origin and destination are within the District; except that a shared fleet device operating company may provide user incentives for parking in preferred "hubs," so long as at least one preferred hub is available in each ward of the District;(l) The shared fleet device operating company shall educate users regarding the law and safe practices applicable to operating and parking a shared fleet device by requiring each user to watch a video with closed captioning, or to participate in other media approved by the Director, through the permitted operator's mobile application when using the mobile application for the first time, and may re-educate users after they have been determined to have violated the companies' rules on two (2) previous occasions or on each successive occasion thereafter, that explains: (1) Users must be at least sixteen (16) years of age, or any older age that a permitted operator may determine it would prefer to set as its own guidelines;(2) Users under eighteen (18) years of age shall wear helmets;(3) Users shall park legally, which includes using the lock-to mechanism after October 1, 2021;(4) Users shall not ride with passengers;(5) Users shall yield to pedestrians;(6) Users shall park electric mobility devices in corrals when available;(7) Users shall ride electric mobility devices in protected bike lanes when available;(8) Users shall not ride on sidewalks within the Central Business District;(9) Users shall not operate a shared fleet device while carrying any article, including a package or bundle, that hinders the person from keeping both hands on the handlebars; and(10) Users shall not operate a shared fleet device while wearing a headset, headphone, or earphone, unless the device is being used to improve the hearing of a person with a hearing impairment or the device covers or is inserted in one ear only;(m) Each shared fleet device operating company may have no more than thirty-five percent (35%) of its permitted fleet operating in the public space within each ward, and will proactively monitor its shared fleet devices to be in compliance with this requirement without notification from the District; provided, that the Director may order, to the extent authorized by law, a temporary reduction in service that suspends this requirement if:(1) The Director notifies the shared fleet device operating company that it is unsafe to deploy devices; or(2) The shared fleet device operating company notifies the Director, in writing, that inclement weather or other emergency events make it unsafe to deploy or rebalance shared fleet devices on that day.(n) The shared fleet device operating company shall offer a low-income customer plan as described in §3319.1(c);(o) The shared fleet device operating company shall offer a cash payment option that allows any customer to pay using cash and this option: (1) Shall be the same price as the option to pay by card or electronically; and(2) Shall not include any fees or surcharges that would not be paid by those using card or electronic payments;(p) The shared fleet device operating company shall maintain maintenance records for each shared fleet device and ensure that each shared fleet device is in safe working order and that all lettering is visible and unobstructed by damage, dirt or debris;(q) The shared fleet device operating company shall not deploy, on one block face, more than five (5) shared fleet devices per permit;(r) The shared fleet device operating company shall make a minimum of fifty percent (50%) of the permitted fleet of shared fleet devices available in the public right-of-way at all times, unless otherwise directed in accordance with 3314.5(m)(1) and (2);(s) When a shared fleet device operating company stages more than three (3) shared fleet devices on a block face in public space, it shall lock those devices to bicycle racks or public street signs;(t) The shared fleet device operating company shall inform the Director of any location on private property where shared fleet device staging may take place. The location must be visible from the public space and accessible to all users;(u) The shared fleet device operating company shall certify that all Electric Mobility Devices are equipped with a speed governor that ensures the device will not travel in excess of ten (10) miles per hour on level ground;(v) To the extent authorized by law, the shared fleet device operating company shall cooperate with requests from the Director to suspend or alter service and remove devices from public space during extreme weather events. Extreme weather includes winds above thirty (30) miles per hour, snow or ice storms, and flood warnings;(w) To the extent authorized by law, the shared fleet device operating company shall cooperate with requests from the Director to suspend or alter service and remove devices from the public space during special events;(x) To the extent authorized by law, the Director may remove shared fleet devices from the public right-of-way without prior notice if the Director determines that an emergency so requires;(y) The shared fleet device operating company shall report to the Director, within twenty-four (24) hours of receiving notice, any accident involving one of their shared fleet devices, any reports they receive of injuries resulting from use of one of their shred fleet devices or, any issue which could affect public safety, as well as any fatality which occurs on their devices in any market where the shared fleet device operating company is operating;(z) To prepare for emergency cases involving the imminent threat of death or serious physical injury to any person or significant damage to private property or public space, the shared fleet device operating company must have an established Emergency Disclosure Request process that applies when a law enforcement agency requests data and customer information;(aa) The shared fleet device operating company shall exchange data with the District's Maintenance Management System (MMS) to receive and update trouble tickets, which may be used to track parking and moving violations of the shared fleet device operating company's devices;(bb) The shared fleet device operating company shall maintain sufficient staffed operations located within the District to ensure compliance with DC Official Code §50-2201.03c and this chapter, including any required rebalancing or corrective measures.(cc) The shared fleet device operating company shall charge devices and batteries in locations compliant with Occupational Safety and Health Administration (OSHA) standards, following practices required by those standards, and provide the Director, on a monthly basis, with a list of all locations where battery charging occurs;(dd) The shared fleet device operating company shall not require riders to agree to class action waivers or other terms that require riders to waive their rights;(ee) Within forty-eight (48) hours after a shared fleet device operating company determines that a breach of its data system has occurred that has placed user personal information at risk, the shared fleet device operating company shall notify DDOT, and all past and present users of its shared fleet devices who may be affected by the breach, of the breach and the likely consequences of it;(ff) The shared fleet device operating company shall refrain from deploying shared fleet devices within three hundred (300) feet of an elementary, middle school, or senior wellness center, unless the deployment space is located on a block face adjacent to a Metrorail station entrance;(gg) If one of the shared fleet device operating company's shared fleet devices is involved in an accident and the police have been called to the scene, the company shall leave the device at the scene until the police have consented to the removal of the device and shall, if the police determine it to be necessary, allow the police to take the device as evidence;(hh) The shared fleet device operating company shall compile crash and injury data reported from the users of its shared fleet devices and publish the data on its mobile application or website. The data shall be aggregated so that no specific individuals can be identified;(ii) The shared fleet device operating company shall display a plainly visible logo or name on its shared fleet devices to assist the public in identifying which shared fleet devices belong to which company;(jj) The shared fleet device operating company shall provide the public with data via its website or mobile application regarding how much of its SFD fleet and what parts, if any, of its shared fleet devices are reused or recycled at the end of each shared fleet device's useful life;(kk) The shared fleet device operating company shall ensure that its shared fleet devices are equipped with a headlight and taillight to be used when the safe operation of the device requires it, reflective markings on its sides, and an audible signal to allow users to alert pedestrians to the device's presence while the device is in use;(ll) The shared fleet device operating company shall offer an optional free class, in person or virtually, at least once a month, to educate users regarding the law and safe practices applicable to operating and parking a shared fleet device; and(mm) The shared fleet device operating company shall offer to ship a helmet to any user who requests it for a price determined by the Director after consultation with the company.3314.6A shared fleet device permit shall:
(a) For permits with a start date after June 30, 2022 but before January 1, 2023, expire on December 31, 2022; and(b) For permits with a start date on or after January 1, 2023, have a period of twenty-four (24) months.3314.7If a shared fleet device operating company is not meeting its obligations under any shared fleet device permit issued pursuant to this section, including the terms and conditions described in §3314.5, the Director may order, in writing and sent by electronic transmission, the shared fleet device operating company to, within two (2) hours from the time the order is issued:
(a) Commence and complete corrective measures; or(b) Notify the Director, in writing and before the required time period has ended, if the work cannot be performed within the two (2) hours stated in the order because of unforeseen circumstances, and provide a timeline for corrective measures to be completed.3314.8If a shared fleet device operating company fails or refuses to comply with an order issued pursuant to Subsection 3314.7, the Director may correct, temporarily repair, or permanently restore the public right-of-way in such manner as the Director deems appropriate.
3314.9The Director may make deductions from the balance of a shared fleet device operating company's deposit(s) to recover all costs incurred during corrections, repairs or restorations carried out pursuant to Subsection 3314.8. The Director shall provide written notice by electronic transmission to the shared fleet device operating company prior to making a deduction, stating the reasons for and the amount of the deduction and advising the shared fleet device operating company that any objection must be submitted, in writing, no later than seven (7) days after the date of the written notice. If the Director denies the company's objection, its decision shall be in writing, shall set forth the reasons for denying the objection, and shall be sent to the shared fleet device operating company three (3) days before a deduction is made.
3314.10A permit issued under this section shall designate the maximum number of shared fleet devices the permittee may operate in the public right-of-way (the "maximum fleet size").
(a) The initial maximum fleet size for a permit for shared fleet bicycles shall be two thousand five hundred (2,500) bicycles, and the initial maximum fleet size for a permit for shared fleet electric scooters shall be seven hundred and twenty (720) scooters.(b) The maximum fleet size under a permit issued under this section for shared fleet electric scooters may be increased above the initial maximum fleet size, to up to five thousand (5,000) shared fleet electric scooters under the permit, to accommodate the demand for shared mobility in accordance with 24 DCMR § 3319.3314.14The Director shall not authorize a shared fleet device operating company to operate more than five thousand (5,000) shared fleet electric scooters before January 1, 2023.
3314.19The publicly accessible shared fleet device system shall be only for shared fleet devices.
3314.20The Director may, using administrative issuances to interpret this chapter, supply guidance on safety and performance standards and specifications for a device to be eligible for the publicly accessible shared fleet device system. Such standards and specifications may include weight, dimensions, and number of wheels.
3314.21A shared fleet device operating company shall resolve any public complaint made to the District's 311 call center through the District's Maintenance Management System.
3314.22(a) To promote public access and preserve the safe use of public space, the Director may, on a case-by-case basis, issue a written notice requiring a shared fleet device operating company to create a geofence in relation to a special event. A temporary geofence restriction may be in place for a minimum of two hours and may be extended to a maximum of thirty (30) calendar days upon reasonable determination by the Director.
(b) If the Director requires a geofence pursuant to paragraph (a), the shared fleet device operating company's mobile application must display the geofence on the user's mobile device and notify the user of the limitation of the geofence through image or text notification.3314.23Shared fleet device operating companies shall use geofences, which may include device speed reductions and parking restrictions, that are sufficient to limit use within privately owned commercial districts and restrict access to federally-owned property, as determined by the Director in administrative issuances.
3314.24The Director may issue no more than nine (9) shared fleet device permits, during a permit period, and may permit fewer if the Director determines that doing so would be in the interest of protecting public safety, preventing negative transportation impacts, or ensuring reasonable enjoyment of the public space. Of the total number of shared fleet device permits, no more than five (5) may be for electric mobility devices.
3314.25A shared fleet device operating company must provide a mobile application that allows users to rent only the shared fleet devices of their company.
3314.26In order to promote the purpose of the publicly accessible Application Program Interface (API) as described in § 3314.5(g), a shared fleet device operating company shall provide Deep Links in that API that transfer the user to the company's mobile application or the application store where the user can complete the rental of the specific device the user is requesting.
3314.27A shared fleet device operating company that allows for vehicles to be rented in a mobile application of a third party shall ensure that users, consistent with § 3314.5(l), are educated on District of Columbia traffic laws.
3314.28A shared fleet device operating company shall not transfer its permit to another entity without express written permission of the Director. The Director may grant the transfer of a permit pursuant to the procedures set forth in 24 DCMR §3310.5, and shall update any related permits to reflect the transfer. The shared fleet device operating company to whom the permit is being transferred must either:
(a) Have already signed a permitted operator agreement and been issued a shared fleet device permit, or;(b) Complete an application for a shared fleet device permit pursuant to the procedures set forth in 24 DCMR § 3317.3314.29A shared fleet device operating company shall submit device data and records generated by devices to the Director when operating pursuant to an active permit. Data required for determining compliance shall be delivered at no greater than a five (5) minute delay. Data required for planning purposes shall be delivered at no greater than a five (5) day delay. Data required for monthly reporting requirements shall be delivered no later than seven (7) days after the conclusion of the month.
3314.30All shared fleet device operating company data submitted to the Director or the Director's designee shall be used for management of the publicly accessible shared fleet device system, regulation of the public space, and related planning purposes.
3314.31Waiver of device fees.
(a) The Director may waive per-device fees that would otherwise be due between January 1, 2022, and December 31, 2024.(b) To be eligible for a waiver of all device fees for a shared fleet device permit under this subsection, a shared fleet device operating company shall demonstrate, no later than 10 days after the end of the biannual fee collection period, that at least ten percent (10%) of the total miles traveled attributable to the operator's shared fleet devices operated through that permit over the previous six (6) months represents rides taken by those who were participating in, and had been verified by the operator to be eligible for, the operator's low-income customer plan, as described in Subsection 3319.1(c).(c) If less than ten percent (10%) of total miles traveled attributable to rides taken by those who were participating in, and had been verified by the operator to be eligible for, the operator's low-income customer plan, as described in Subsection 3319.1(c), the shared fleet device operating company will be eligible for a fee waiver for a percentage of the devices in their fleet according to the below chart: Percent of Total Miles Traveled by LICP Users | Percent of Devices in Fleet Eligible for Fee Waiver |
0 - 0.99% | 0% |
1 - 1.99% | 10% |
2 - 2.99% | 20% |
3 - 3.99% | 30% |
4 - 4.99% | 40% |
5 - 5.99% | 50% |
6 - 6.99% | 60% |
7 - 7.99% | 70% |
8 - 8.99% | 80% |
9 - 9.99% | 90% |
10% or more | 100% |
3314.32A shared fleet device operating company shall move shared fleet devices that:
(a) Are not parked in accordance with § 3314.34, without notice from the District, when deploying, rebalancing or monitoring its shared fleet devices;(b) Are not parked in accordance with § 3314.34 within two (2) hours of notification, when given notice by any party through its communication platforms or by the District; and(c) Have moved less than twenty (20) feet over a span of ninety-six (96) hours, within twelve (12) hours of the end of that period, to another block face.3314.33A shared fleet device operating company shall carry liability insurance in an amount not less than one million dollars ($1,000,000) per incident.
3314.34Shared fleet devices shall be parked:
(a) In an upright position, ensuring the device remains upright;(b) After October 1, 2021, using the lock-to mechanism;(c) Within the furniture zone of the sidewalk, where one exists, maintaining a pedestrian travel space of at least three (3) feet;(d) In a manner that does not impede access to: (1) Entrances to private property or driveways;(2) Handicap-accessible ramps or parking spots;(3) Capital Bikeshare stations;(4) Metrobus, Circulator, and DC Streetcar stops and shelters; or(5) To maintain vehicular travel area for any vehicle; and(e) Otherwise in accordance with 18 DCMR §1209.3.3314.35The shared fleet device operating company shall sign a permitted operator agreement before they are issued a shared fleet device permit.
D.C. Mun. Regs. tit. 24, r. 24-3314
Final Rulemaking published at 65 DCR 13772 (12/21/2018); amended by Final Rulemaking published at 67 DCR 12680 (10/30/2020); amended by Final Rulemaking published at 69 DCR 12446 (10/14/2022); amended by Errata Notice published at 69 DCR 14961 (12/9/2022)