D.C. Mun. Regs. tit. 24, r. 24-3399

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 24-3399 - DEFINITIONS
3399.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed below:

Act - 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 § 10-1141.01et seq.).

Administrative issuance - A statement of general applicability developed by the Department and published on its website, and at its discretion in the District of Columbia Register, which lacks the force of law but states the agency's current approach to, or interpretation of, law or regulation, or describes how and when the agency will exercise discretionary functions. Such issuance may include the permit application.

Bicycle lane - a portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

Bus - a public or private vehicle having a seating capacity of more than fifteen (15) passengers, exclusive of the driver.

Bus operator - a person that operates a bus service, whether directly or through contractors.

Commuter bus service - a bus that is used to transport passengers to and from worksites; provided, that this definition shall not include any vehicle owned or operated by the Washington Metropolitan Area Transit Authority.

Component device - communications equipment which alone, or as part of a communications network, is used to record, receive, store, or transmit information or data.

Deep Link - A type of link available in a publicly available Application Program Interface (API) feed that formulates a request to a mobile application for renting shared fleet devices that communicates data about the user that the mobile application uses to display and allow the user to rent the device the user is requesting. If the user has not yet downloaded the mobile application, the link will transfer the user to the application store where the user may download the mobile application.

Department - District Department of Transportation

Deployment - The movement of a shared fleet device by a shared fleet device operating company to a location in the public right-of-way.

Director - Director of the District Department of Transportation.

Docking station - a fixed structure that includes an electromechanical device or other device that locks a bicycle to the structure.

Dockless bicycle - Repealed.

Dockless electric scooter - Repealed.

Dockless sharing vehicle - Repealed.

Dockless vehicle operating company - Repealed.

Electric mobility device - A device weighing less than seventy-five (75) pounds that has an electric motor, is solely powered by the electric motor or human power, is designed to transport only one (1) person in a standing or seated position, where the rider is not enclosed, and is no greater than twenty-four (24) inches wide and fifty-five (55) inches long, but does not include a motorized bicycle, personal mobility device, motorcycle, or moped.

Electric vehicle - a vehicle that is propelled by an electric motor and is capable of being recharged from an external source of electricity.

Electric vehicle charging station - a publicly accessible facility or equipment that is located in the public right-of-way, including any public space in the District, and is used to charge the battery or other energy storage device of an electric vehicle.

Geofence - A virtual geographic boundary that enables software to trigger a response in the shared fleet device whenever a mobile device enters or leaves a defined area or border where the use of shared fleet devices is subject to limitations imposed by law or regulation or that the Department deems appropriate to preserve the safe use of public space. The triggered response may cause the devices to slow, prevent the rider from ending a trip within the defined area or border, or otherwise limit the user's ability to use the device within the defined area or border.

Lock-to mechanism- A mechanism on shared fleet devices that locks the device to an object or infrastructure

Maintenance Management System - The District's Maintenance Management System (MMS) used to formally receive, record, and resolve complaints of public space concerns. The MMS may provide tickets that allow the Department to track parking and moving violations of the shared fleet device permitted operator's devices.

Mobile application (App) - A type of application software, designed to run on a mobile device such as a smartphone or tablet computer, that provides limited and isolated functionality.

Mobile storage container - a moveable container that is temporarily placed on the public right-of-way and is used for short-term storage of items, including but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials, and merchandise.

MUTCD - the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6, as approved by the Federal Highway Administration.

Occupy - to use public right-of-way, public rights of way, or public structures by installing, constructing, reconstructing, excavating, repairing, maintaining, or operating any structure, equipment, vehicle, facility, or other object (including but not limited to pipes, stand-alone conduits, tunnels, posts, or wires), in, over, under, along, through, on, across, or above the public rights-of-way under the jurisdiction of the District of Columbia government for any purpose.

Pedestrian - a person travelling on foot or using a wheelchair or motorized wheelchair.

Person - an individual, utility, firm, partnership, association, corporation, company, entity, or organization of any kind.

Personalized paver - an engraved sidewalk treatment that is inscribed with the name or likeness of an individual or entity.

Protected bicycle lane - a bicycle lane which is physically separated from motor vehicle lanes or is buffered from a motor vehicle lane by a combination of roadway markings and delineator posts.

Public bicycle path - a right-of-way under the jurisdiction and control of the District of Columbia for use primarily by bicycles and pedestrians. (D.C. Official Code § 50-1609(6) (2012 Repl.)).

Public right-of-way - the surface, the airspace above the surface (including air space immediately adjacent to a private structure located in a public right-of-way), and the area below the surface of any public street, bridge, tunnel, highway, lane, path, alley, sidewalk or boulevard.

Public Transit Agency - a municipal corporation or government agency (and its agents) that operates a bus, train, van, streetcar, trolley, subway, or rail vehicle for use by the general public.

Publicly accessible dockless vehicle sharing system repealed.

Publicly accessible shared fleet device system - a system made up of shared fleet device operating companies that provides for the rental of shared fleet devices from the public right-of-way for short-term one-way trips without requiring the installation of any infrastructure within the public right-of-way.

Rebalancing - Movement of a shared fleet device, by a shared fleet device operating company, from one place in the public right-of-way to another.

Shared fleet bicycle - A bicycle or motorized bicycle that is a shared fleet device.

Shared fleet electric scooter - A motorized standing scooter with no seat that is an electric mobility device and shared fleet device.

Shared fleet device - An electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.

Shared fleet device fleet - All shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator

Shared fleet device operating company - A company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way, not including the Department or its contractors operating Capital Bikeshare.

Shared fleet device permit - A public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.

Shared fleet device permitted operator - A shared fleet device operating company that has a shared fleet device permit

Shared fleet device staging - The deployment or rebalancing of shared fleet devices by a shared fleet device operating company to place them in the public right-of-way, such that the devices are either attached to fixed objects or freestanding.

Shared motor-driven cycle company -a company that provides for the rental of shared motor-driven cycles from the public right-of-way for short-term one-way trips.

Shared motor-driven cycle- a motor-driven cycle that is available to rent in the public right-of-way for short-term one-way trips through a rental system that is available to the public.

Sharrow lane markings - lane markings which indicate to motorists and bicyclists that the lane is intended to be shared by both motor vehicles and bicycles.

Shuttle bus service - a van or bus that is used to transport passengers between worksites.

Sidewalk - the paved portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

Sightseeing bus service - a bus used for sightseeing and touring purposes, traveling a regular route at scheduled times and with specific stop(s), which is available to the general public for boarding or discharging at any stop, and used to transport passengers principally between multiple destinations of historic, cultural, architectural, or societal interest within the District of Columbia.

Stand-alone conduit - conduit that is not housed inside other conduit.

Tour bus service - a bus used for sightseeing and touring purposes, and used to transport passengers principally from one (1) destination to another and back to the original destination.

Van - a public or private vehicle having a seating capacity of between eight (8) and fifteen (15) passengers, exclusive of the driver.

D.C. Mun. Regs. tit. 24, r. 24-3399

Final Regulations published at 43 DCR 6581, 6585 (December 13, 1996); as amended by Final Regulations published at 45 DCR 1644 (March 20, 1998), incorporating the text of Proposed Regulations published at 44 DCR 7186 (November 21, 1997); as amended by Final Rulemaking published at 47 DCR 2353, 2358 (March 31, 2000); as amended by Final Rulemaking published at 49 DCR 8562, 8565 (September 13, 2002); as amended by Final Rulemaking published at 53 DCR 7857, 7859 (September 29, 2006); as amended by Final Rulemaking published at 55 DCR 12279, 12283 (December 5, 2008); as amended by Final Rulemaking published at 60 DCR 11236 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 1733 (February 28, 2014); as amended by Final Rulemaking published at 61 DCR 10578 (October 10, 2014); amended by Final Rulemaking published at 65 DCR 13772 (12/21/2018.); amended by Final Rulemaking published at 67 DCR 11240 (9/25/2020); amended by Final Rulemaking published at 69 DCR 3134 (4/8/2022); amended by Final Rulemaking published at 69 DCR 12446 (10/14/2022)
Authority: Sections 4(5)(A) (assigning authority to coordinate and manage public right-of-way permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public right-of-way permit requests to the Department Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department) 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 §§ 50-921.03(5)(A) (2012 Repl.), 50-921.04(4)(A)(2012 Repl. & 2013 Supp.), and 50-921.05(b)(2012 Repl.)), and Section 604 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.04 (2013 Repl.)), which was delegated to the Director of the Department of Public Works pursuant to Mayor's Order 96-175, dated December 9, 1996, and subsequently transferred to the Director of the Department in Section 7 of the DDOT Establishment Act of 2002 (transferring to the Director of the Department all transportation-related authority previously delegated to the Director of the Department of Public Works), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.06 (2012 Repl.)).