3314 DOCKLESS SHARING VEHICLE

3314.1 No person shall use the public right-of-way to offer dockless sharing vehicles for rental in the public right-of-way without a permit issued by the Director.

3314.2 The Director shall issue a Public Right-of-Way Occupancy Permit for a publicly accessible dockless vehicle sharing system only to a dockless vehicle 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	$60
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.

3314.4 The dockless vehicle operating company shall submit to the Director for approval a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit.

3314.5 A Public Right-of-Way Occupancy Permit issued pursuant to this section shall be subject to the following conditions, in addition to such other conditions as may be imposed by law, regulation, or the Director:

(a) The dockless vehicle operating company shall indemnify the District against all liabilities associated with the use of the public right-of-way by the dockless vehicle operating company's vehicles;

(b) The dockless vehicle operator shall ensure that each dockless sharing vehicle in its fleet has a clearly displayed unique identifier;

(c) The dockless vehicle operating company shall balance its fleet of dockless

sharing vehicles by having at least six (6) vehicles in each ward by 6:00 a.m. each day;

1. (d) The dockless vehicle operating company shall equip each dockless vehicle with on-board GPS technology that does not obtain spatial information by relying on a customer's smart phone;
2. (e) The dockless vehicle operating company shall equip each dockless bicycle in its fleet with a locking mechanism that locks to a fixed object separate from the vehicle;
3. (f) The dockless vehicle operating company shall provide the Department or its designee with data to help evaluate the impact of the operator's publicly accessible dockless vehicle sharing system and the District's Publicly Accessible Dockless Vehicle Sharing Program.
4. (g) The dockless vehicle operating company shall provide a publicly accessible application program interface, clearly posted on the company's website that provides, at minimum, the current location of any dockless vehicles available for rental at all times;
5. (h) The dockless vehicle operating company shall electronically report to the Department or its designee, the origin, destination, route traveled, and vehicle type for each trip completed, and any anonymous ridership data requested by the Department for each dockless sharing vehicle, on a monthly basis;
6. (i) The dockless vehicle operating company shall provide a toll-free telephone number and website address on each dockless vehicle stating how a member of the public may report an incorrectly parked dockless vehicle; and
7. (j) The dockless vehicle operating company shall make dockless vehicles available to all members of the public who comply with the dockless vehicle operating company's terms and conditions for use.

3314.6 The permit may be renewed annually.

3314.7 In any case where a dockless vehicle operating company is not meeting its obligations under any Public Right-of-Way Occupancy Permit issued pursuant to this section or is not in compliance with the terms and conditions of this section, the Director may order the dockless vehicle operating company to commence corrective measures within four (4) hours from the time stated on the order and complete such measures within six (6) hours, or as otherwise established by the

Director. The order shall be in writing and sent by electronic transmission to the dockless vehicle operating company. All work ordered shall commence and be completed within the required time period unless the work cannot be performed because of unforeseen circumstances, provided that the dockless vehicle operating company notify the Director of such circumstances in writing.

3314.8 If the dockless vehicle operating company should fail, neglect, or refuse to comply with an order issued pursuant to Subsections 3314.7, the Director may correct, temporarily repair, or permanently restore the public right-of-way in such manner as the Director deems appropriate.

3314.9 The Director may make deductions from the balance of dockless vehicle operating company's deposit(s) to recover all costs due pursuant to Subsection 3314.8. The Director shall provide written notice to the dockless vehicle operating company prior to making a deduction stating the reasons for and the amount of the deduction and advising the dockless vehicle operating company that any objection must be submitted, in writing, no later than seven (7) days after the date of the written notice. Any decision adverse to a dockless vehicle operating company shall be in writing and shall set forth the reasons for denying the objection and shall be sent to the dockless vehicle operating company three (3) days before a deduction is made.

SOURCE: Final Rulemaking published at 65 DCR 13772 (December 21, 2018).