D.C. Mun. Regs. tit. 16, § 4311
Hazardous Condition Infractions
Effective Mar 10, 202370 DCR 003090Authority: Sections 5(a)(3)(E), 9j, 9k, and 11e(a) and (b) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04(a)(3)(E), 50-921.18, 50-921.19 and 50-921.35(a) and (b)), Section 8 of the Bicycle Commuter and Parking Expansion Act of 2007, effective February 2, 2008 (D.C. Law 17-103; D.C. Official Code § 50-1641.07), Mayor’s Order 2011-149, dated September 6, 2011, (delegating that authority to the District Department of Transportation (DDOT)), 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) (establishing the District authority to regulate transportation and public space) , Mayor’s Order 96-175, dated December 9, 1996, (delegating that authority to the Department of Public Works (DPW)), Section 7 of the DDOT Establishment Act, D.C. Official Code § 50-921.06) (subsequently transferring that authority from the Director of DPW to the Director of DDOT), Section 104 of the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.04), Mayor’s Order 2003-173, dated December 1, 2003 (delegating that authority to DDOT) and Mayor’s Order 2016-005, dated January 12, 2016, amending Mayor’s Order 2004-46 dated March 22, 2004, (expanding DDOT’s authority to regulate public space). Source: Final Rulemaking published at 70 DCR 003090 (March 10, 2023).District of Columbia, Office of the Secretary
4311 HAZARDOUS CONDITION INFRACTIONS
4311.1 Violations of any of the following provisions shall be a Class 1 infraction:
- (a) Closure of sidewalk or bicycle lane without required permit (24 DCMR § 3315.1);
- (b) Failure to apply for the appropriate occupancy permit authorizing sidewalk or bike lane closure (24 DCMR § 3315.5);
4311.2 Violations of any of the following provisions shall be a Class 2 infraction:
- (a) Failure to maintain bicycle or pedestrian routes (24 DCMR § 3315.4(b) and (c)(2));
- (b) Failure to maintain traffic control signage, devices, and roadway markings as required by the traffic control plan and MUTCD (24 DCMR § 3315.6);
- (c) Failure to comply with the approved traffic management plan (24 DCMR § 3315.8);
- (d) Failure to maintain proper lane closure for practices for closure of sidewalk or bicycle lane (24 DCMR § 3315.2);
- (e) Failure to provide safe and convenient route for pedestrians or bicyclists (24 DCMR § 3315.3; §§ 3315.4(a), 3315(c); 3315(d));
- (f) Failure to comply with the safe accommodation requirements found in the current DDOT standards, “Pedestrian Safety and Work Zone Standards - Covered and Open Walkways” (24 DCMR § 3315.4(a));
- (g) Failure to provide safe pedestrian access route free of hazards, construction materials, and debris (24 DCMR § 3315.4(b));
4311.3 Violations of any of the following provisions shall be a Class 3 infraction:
- (a) Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);
- (b) Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle lane or placed in an intersection as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);
(c) Improper placement and maintenance of a steel protective plate as required by Standard Specifications for Highways and Structures § 612.19 (24 DCMR § 3404.7);
(d) Failure to have a traffic safety officer on site when required, as required by Standard Specifications for Highways and Structures § 612 (24 DCMR § 3403.7);
(e) Failure to install and maintain shared lane markings and work zone signage when rerouting bicyclists (24 DCMR § 3315.4(d)(4));
(f) Failure to use required MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route for pedestrians and bicyclists (24 DCMR § 3315.6);
(g) Failure to provide and maintain certified flaggers during intermittent lane or route closures (24 DCMR § 3315.7(a));
4311.4 Violations of any of the following provisions shall be a Class 4 infraction:
(a) Failure to provide ADA-compliant pedestrian accommodations required by an approved traffic control plan (24 DCMR § 3315.4(b));
(b) Failure to provide safe bicycle accommodations (24 DCMR § 3315.1);
(c) Obstructing public space without a public space permit (24 DCMR § 2001.2);
(d) Failure to properly protect public space when travel is obstructed (24 DCMR § 2001.4);
(e) Obstructing free use of public space—overgrowth of shrubs, trees, or bushes without a permit (24 DCMR § 2001.3);
4311.5 [RESERVED]
SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023).