3319

3319.1

The Director may, upon application of a shared fleet device operating company, grant an increase to the permit’s initial maximum fleet size of shared fleet electric scooters if the company demonstrates that:

1. (a) It made, on average, at least ninety percent (90%) of its permitted fleet available for use in the public right-of-way during each of the seven (7) days prior to the submission of the application;
2. (b) It served, on average, at least two (2) trips per device per day at least two (2) minutes in duration during each of the seven (7) days prior to the submission of the application;
3. (c) It offers a low-income customer plan only to customers with an income level at or below two hundred percent (200%) of the federal poverty guidelines that:
4. (1) Does not impose a device deposit requirement;
5. (2) Offers an affordable cash payment option; and
6. (3) Offers unlimited trips under thirty (30) minutes;
7. (d) At least five (5) of its customers participated in the low-income customer plan described in Subsection 3319.1(c) during the seven (7) days prior to the submission of the application;
8. (e) At least two percent (2%) of trips during the seven (7) days prior to the submission of the application were taken by customers participating in the low-income customer plan described in Subsection 3319.1(c); and
9. (f) It has a valid shared fleet device permit issued pursuant to this section that:
10. (1) Was issued at least seven (7) days prior to the submission of the application;
11. (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
12. (3) Is not currently suspended or revoked by the Director.

3319.2 A shared fleet device operating company that meets the eligibility criteria in Subsection 3319.1 may submit an application to the Director requesting an increase to the shared fleet device permit's maximum fleet size. The application shall be in writing and shall:

(a) Include information sufficient to establish that the shared fleet device operating company meets the eligibility criteria in Subsection 3319.1;

(b) Include information that establishes the shared fleet device operating company's performance with respect to the criteria in Subsection 3319.3;

(c) Specify the number of shared fleet devices that the shared fleet device 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;

(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; and

(e) Upon request by the Director, the shared fleet device operating company may submit additional or corrected information by 12:00 noon on the Friday after submission of the application pursuant to 3319.2(d).

3319.3 When determining whether to grant an increase in a maximum fleet size pursuant to Subsection 3319.1, the Director shall use the following method:

(a) The Director shall grant an increase in maximum fleet size of no more than two hundred (200) shared fleet devices, pursuant to the criteria specified in paragraph (b), for each submission to a shared fleet device operating company meeting the eligibility criteria in Subsection 3319.1 who submits an application that meets the requirements of Subsection 3319.2.

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

(1) The number of additional shared fleet devices requested by the applicant;

1. (2) The impact of deploying additional shared fleet devices on the District's public right-of-way and any other impacts on public health, safety, and welfare; and
2. (3) Performance criteria as specified in Subsections 3319.3(c) through 3319.3(f).(c) A shared fleet device operating company may be granted an increase of up to fifty (50) devices if:- (1) Its petition satisfies Subsection 3319.2;
3. (2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and
4. (3) For the seven (7) day period prior to the petition, more than two percent (2%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).(d) A shared fleet device operating company may be granted an increase of up to one hundred (100) devices if:- (1) Its petition satisfies Subsection 3319.2;
5. (2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and
6. (3) For the seven (7) day period prior to the petition, more than four percent (4%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).(e) A shared fleet device operating company may be granted an increase of up to one hundred and fifty (150) devices if:- (1) Its petition satisfies Subsection 3319.2;
7. (2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and
8. (3) For the seven (7) day period prior to the petition, more than six percent (6%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

(f) A shared fleet device operating company may be granted an increase of up to two hundred (200) devices if:

(1) Its petition satisfies Subsection 3319.2;

(2) The Director determines that the increase will not adversely affect the factors identified in Subsection 3319.3(b)(2); and

(3) For the seven (7) day period prior to the petition, at least eight percent (8%) of all trips were by customers participating in the low-income customer plan described in Subsection 3319.1(c).

3319.4 The Director may, upon application of a shared fleet device operating company, grant an increase to the permit's initial maximum fleet size of shared fleet bicycles if a shared fleet device permitted operator deploying shared fleet bicycles demonstrates that the shared fleet device operating company:

(a) Made, on average, at least seventy-five percent (75%) of its permitted fleet available for use in the public right-of-way per day during the thirty (30) days prior to the submission of the application; and

(b) Served, on average, at least one (1) trip per device per day during each of the thirty (30) days prior to the submission of the application.

3319.5 Subject to § 3319.8, any fleet increases granted through § 3319 shall be granted until the expiration of the shared fleet device permit. When a shared fleet device operating company seeks to renew its permit through the application process, the Director shall determine whether the permitted fleet size shall remain the same or be reduced according to the requirements of § 3319.8.

3319.6 Within four (4) weeks of receiving an application for an increase in maximum fleet size, the Director shall notify the shared fleet device operating company that submitted the application of the Director's determination via email and shall notify the public via information posted on the Department's website.

3319.7 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.

3319.8 The Director may revoke a shared fleet device operating company's previously granted fleet increase(s) if the shared fleet device permitted operator:

(a) Does not deploy over a seven (7) day period at least:

(1) Fifty-five percent (55%) of the operator's total permitted fleet between November 1st and April 30th; or

(2) Seventy-five percent (75%) of the operator's total permitted fleet between May 1st and October 31st; or

(b) Has less than one percent (1%) of trips from low-income plans as described in Subsection 3319.1(c) over a calendar month.

3319.9 The Director may revoke a shared fleet device operating company's previously granted fleet increase(s) pursuant to the conditions outlined in § 3319.8 by up to two hundred (200) devices per seven (7) day period and eight hundred (800) devices over a calendar month. Fees already paid shall be non-refundable.

SOURCE: Final Rulemaking published at 69 DCR 012446 (October 14, 2022).