D.C. Mun. Regs. tit. 24, r. 24-3318

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-3318 - SHARED FLEET DEVICE PERMIT REVOCATION, SUSPENSION AND PENALTIES

3318.1

A Permit for shared fleet devices shall be subject to suspension or revocation for failure of the responsible shared fleet device permitted operator to comply with the Act or this chapter, or other applicable federal and District laws and regulations.

3318.2

If the Director has determined that a shared fleet device permitted operator's service poses a hazard to public safety, the Director shall immediately suspend the operator's shared fleet device permit. During the suspension, the shared fleet device operator shall cease rental of its vehicles. While the permit is suspended, the shared fleet device permitted operator shall have three (3) business days to address the hazard and offer a written explanation.

(a) If the operator timely submits a written explanation, the Director shall consider the explanation and decide, in their discretion, whether to grant a hearing or issue a written decision. The procedures for any hearing shall be specified in an administrative issuance.

(b) If no timely written explanation is submitted, the suspension shall continue for an additional five (5) business days, at which time a notice of revocation will be provided to the shared fleet device permitted operator.

3318.3

If the Director has determined that a shared fleet device permitted operator's service does not pose a hazard to public safety but is otherwise eligible for suspension or revocation pursuant to 3318.1, the Director shall provide the operator with a notice of intent to suspend or revoke a shared fleet device permit. The shared fleet device permitted operator shall have three (3) business days to offer a written explanation, which may include a notice that the deficiency has been cured.

(b) If no written explanation is submitted within three (3) business days after the operator is provided with the notice of intent, the Director shall suspend or revoke the operator's permit.

3318.4

The notice of suspension or revocation shall be in writing, in a form prescribed by the Director, containing a description of the right to appeal the order, and shall be given to the shared fleet device permitted operator in writing and sent by electronic transmission. The order shall state the specific section(s) or condition(s) violated.

3318.5

If the Director suspends a shared fleet device operating company's permit, the shared fleet device operating company shall cease operations and remove its devices from public space within twenty-four (24) hours or as requested in the suspension. The cost of removal shall be at the shared fleet device operating company's sole expense.

3318.6

If the Director revokes a shared fleet device operating company's permit, the shared fleet device operating company shall remove its devices from public space within seventy-two (72) hours. The Director may impound devices that are not removed from public space within the required timeframe. The cost of removal shall be at the shared fleet device operating company's sole expense.

3318.7

Any shared fleet device operating company offering shared fleet devices for rental in the public right-of way without a shared fleet device permit shall not be eligible for a shared fleet device permit for a period of two (2) years following deployment of any unpermitted shared fleet devices in the public right-of way.

3318.8

Pursuant to D.C. Official Code § 50-2201.03 c(b)(5), the Director shall issue a fine to a permitted operator of one hundred dollars ($100) per device that the permitted operator represented as an electronic mobility device and deployed and that, when inspected by the Department, weighs greater than seventy-five (75) pounds or is longer than fifty-five (55) inches.

D.C. Mun. Regs. tit. 24, r. 24-3318

Final Rulemaking published at 69 DCR 12446 (10/14/2022)