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.

3314.10 A permit issued under this section shall designate the maximum number of dockless vehicles the permittee may operate in the public right-of-way (the "maximum fleet size").

(a) The initial maximum fleet size for a permit for dockless bicycles shall be two thousand five hundred (2,500) bicycles and the initial maximum fleet size for a permit for dockless electric scooters shall be seven hundred and twenty (720) scooters to ensure that applicants do not collectively oversaturate the District with dockless vehicles.

(b) The maximum fleet size under a permit issued under this section for dockless electric scooters may be increased above the initial maximum fleet size, to up to two thousand five hundred (2,500) dockless electric scooters under the permit, to accommodate the demand for shared mobility in accordance with Subsections 3314.11 through 3314.13.

3314.11 The Director may, upon application of a permittee, grant an increase to the permit's initial maximum fleet size if a permittee demonstrates that the dockless vehicle operating company:

(a) Made, on average, at least six hundred (600) dockless sharing vehicles available for use in the public right-of-way during each of the seven (7) days

prior to the submission of the application;

1. (b) Served, on average, at least two hundred (200) trips of at least five (5) minutes in duration during each of the seven (7) days prior to the submission of the application;
2. (c) Offers a low-income customer plan to customers with an income level at or below two hundred percent (200%) of the federal poverty guidelines that: (1) does not impose a vehicle deposit requirement; (2) offers an affordable cash payment option; (3) offers unlimited trips under thirty (30) minutes; and (4) is eligible for annual renewal;
3. (d) Has at least five (5) customers who participated in the low-income customer plan described in Subsection 3314.11(c) during the seven (7) days prior to the submission of the application;
4. (e) Has at least one percent (1%) of trips provided pursuant to Subsection 3314.11(b) taken by customers participating in the low-income customer plan described in Subsection 3314.11(c);
5. (f) Offers an essential workers customer plan that offers free or discounted trips to workers at essential businesses as that term is defined in Mayor's Order 2020-053, dated March 24, 2020, for so long as that Order (including any extension) remains in effect;
6. (g) Has at least five (5) customers who have participated in the essential workers customer plan described in Subsection 3314.11(f) during the seven (7) days prior to the submission of the application; and
7. (h) Has a valid Public Right-of-Way Occupancy Permit issued pursuant to this section that:
8. (1) Was issued at least seven (7) days prior to the submission of the application;
9. (2) Has not expired, and will not expire within seven (7) days of the Director's grant of an increase in the maximum fleet size; and
10. (3) Is not currently suspended or revoked by the Director.

3314.12 A dockless vehicle operating company that meets the eligibility criteria in Subsection 3314.11 may submit an application to the Director requesting an increase to the permit’s maximum fleet size. The application shall be in writing and shall:

(a) Include information sufficient to establish that the dockless vehicle operating company meets the eligibility criteria in Subsection 3314.11;

(b) Include information that establishes the dockless vehicle operating company's performance with respect to the criteria in Subsection 3314.13;

(c) Specify the number of dockless sharing vehicles that the dockless vehicle operating company is requesting permission to make available in the public right-of-way, and by what date such permission is requested to be granted; and

(d) Be submitted no later than 12:00 noon on the Tuesday following the previous week beginning Monday and ending Sunday to determine eligibility for the fleet increase.

(e) Upon request by the Director, the dockless vehicle operating company may submit additional or corrected information by 12:00 noon on the Friday after submission of the application pursuant to 3314.12(d).

3314.13 When making a determination whether to grant an increase in a maximum fleet size pursuant to Subsection 3314.11, the Director shall use the following method:

(a) Within two (2) weeks of receiving an application for an increase in maximum fleet size, the Director shall notify the dockless vehicle operating company that submitted the application of the Director's determination via email and shall notify the public via posting information on the Department's website.

(b) A permitted increase in maximum fleet size shall take effect immediately upon the Director's notification of the applicant, unless otherwise specified by the Director.

(c) The Director shall grant an increase in maximum fleet size of no more than two hundred (200) dockless sharing vehicles to a dockless vehicle operating company meeting the eligibility criteria in Subsection 3314.11 who submits an application that meets the requirements of Subsection 3314.12.

(d) In granting an increase in maximum fleet size pursuant to this section, the Director shall consider:

(1) The number of dockless sharing vehicles requested by the applicant;

(2) The impact of deploying additional dockless sharing vehicles on

the District's public right-of-way and any other impacts on public health, safety, and welfare; and

(3) Performance criteria as specified in Subsections 3314.13(e) through 3314.13(h).

(e) A dockless vehicle operating company may be granted an increase of up to fifty (50) vehicles if its petition satisfies Subsection 3314.12, the Director determines that the increase will not adversely affect the District's public space or any other factor identified in Subsection 3314.13(d), and, for the seven (7)-day period prior to the petition, the petition demonstrates any of the following:

(1) The percentage of trips meeting the criteria of Subsection 3314.11(c) was between one to five point ninety-nine percent (1%-5.99%) of all trips;

(2) The percentage of trips meeting the criteria of Subsection 3314.11(f) that took place was between 1%-5.99% of all trips; or

(3) The combined percentage of trips meeting the criteria of Subsection 3314.11(c) or 3314.11(f) that took place was a total of at least four percent (4%) of all trips.

(f) A dockless vehicle operating company may be granted an increase of up to one hundred (100) vehicles if its petition satisfies Subsection 3314.12, the Director determines that the increase will not adversely affect the District's public space or any other factor identified in Subsection 3314.13(d), and for the seven (7)-day period prior to the petition, the petition demonstrates any of the following:

(1) The percentage of trips meeting the criteria of Subsection 3314.11(c) that took place was between six to seven point ninety-nine percent (6%-7.99%) of all trips;

(2) The percentage of trips meeting the criteria of Subsection 3314.11(f) that took place was between 6%-7.99% of all trips; or

(3) The combined percentage of trips meeting the criteria of Subsection 3314.11(c) or 3314.11(f) that took place was a total of at least twelve percent (12%) of all trips.

(g) A dockless vehicle operating company may be granted an increase of up to one hundred and fifty (150) vehicles if its petition satisfies Subsection

3314.12, the Director determines that the increase will not adversely affect public space or any of the other factor identified in Subsection 3314.13(d), and for the seven (7)-day period prior to the petition, the petition demonstrates any of the following:

(1) The percentage of trips meeting the criteria of Subsection 3314.11(c) that took place was between eight to ten point ninety-nine percent (8%-10.99%);

(2) The percentage of trips meeting the criteria of Subsection 3314.11(f) that took place was between 8%-10.99%; or

(3) The combined percentage of trips meeting the criteria of Subsection 3314.11(c) or 3314.11(f) that took place was a total of at least sixteen percent (16%) of all trips.

(h) A dockless vehicle operating company may be granted an increase of up to two hundred (200) vehicles if its petition satisfies Subsection 3314.12, the Director determines that the increase will not adversely affect the public space or any other factor identified in Subsection 3314.13(d), and for the seven (7)-day period prior to the petition, the petition demonstrates any of the following:

(1) The percentage of trips meeting the criteria of Subsection 3314.11(c) that took place was at least eleven percent (11%);

(2) The percentage of trips meeting the criteria of Subsection 3314.11(f) that took place was at least 11%; or

(3) The combined percentage of trips meeting the criteria of Subsection 3314.11(c) or 3314.11(f) that took place was a total of at least twenty-two percent (22%) of all trips.

3314.14 The Director shall not authorize a dockless vehicle operating company to operate more than two thousand, five hundred (2,500) dockless electric scooters before January 2022.

3314.15 The Director may defer the payment deadline for all fees imposed under Section 3314 that would otherwise be due between March 1, 2020 and October 9, 2020, if the Director determines that the deferral is appropriate due to the closure of the office, or reduction in services, of the Department due to COVID-19. Such deferral shall be until no later than October 30, 2020, unless fees are waived pursuant to Subsection 3314.16.

3314.16 The Director may waive per-vehicle fees that would otherwise be due between March 1, 2020 and October 9, 2020.

3314.17 To be eligible for a waiver of fees under Subsection 3314.16, a dockless vehicle operating company shall demonstrate, no later than October 30, 2020, that at least one thousand (1,000) trips of at least five (5) minutes that took place between April 27, 2020 and October 9, 2020 were taken by a person who participated in the company's low-income customer plan, as described in Subsection 3314.11(c), and that either:

(a) At least ten percent (10%) of all trips during this period were taken by a person who participated in the company's low-income customer plan, as described in Subsection 3314.11(c); or

(b) At least five hundred (500) trips during this period were taken under an essential worker customer plan, as defined in Subsection 3314.11(f).

3314.18 [RESERVED]

SOURCE: Final Rulemaking published at 65 DCR 13772 (December 21, 2018); as amended by Final Rulemaking published at 67 DCR 12680 (October 30, 2020).