3504.1 The Public Space Committee or its designee shall review all public space permit applications of intercity bus service operators to occupy the public right-of-way for loading or unloading passengers.

3504.2 In determining whether an intercity bus service public space permit shall be granted, the Public Space Committee shall consider the following factors:

1. (a) Direct impact on vehicular and pedestrian traffic;
2. (b) The intercity bus service schedule, peak hour concentration, and anticipated traffic conditions;
3. (c) The proposed size of the passenger loading zone;
4. (d) The number of passengers expected to board or disembark at any given time;
5. (e) The anticipated impact on nearby public transit systems; and
6. (f) Any other effect of the proposed operations in public space on public health and safety and the efficient and safe operation of the existing transportation network, including pedestrian, vehicle, and all other modes of transportation.

3504.3 Notwithstanding § 3504.2, the Public Space Committee shall not grant a public space permit to conduct intercity bus operations at the following locations:

1. (a) On a block containing a predominately residential building on either side of the block; or
2. (b) The same side of a block that contains an area designated as a Metro bus or Circulator bus zone.

3504.4 If two (2) or more applicants apply for the same location, the Public Space Committee shall encourage the applicants to enter into a written agreement to share the space. If the applicants cannot reach an agreement, the Department shall decide which applicant shall have exclusive use of the location based on the following criteria:

1. (a) Historic usage of the location; and

(b) The order the applications were received by the Public Space Committee.

3504.5 The Public Space Committee shall notify the intercity bus service operator and the Department in writing whether the application for a public space permit is approved, including any conditions imposed on the intercity bus service operator by the Public Space Committee, or denied.

3504.6 If the public space permit is approved, the intercity bus service operator shall provide payment of all associated fees, and file proof of the required insurance and indemnification with the Department.

3504.7 If the public space permit is denied, the Public Space Committee shall provide an explanation for the denial.

3504.8 If the public space permit is denied, and the intercity bus company had been operating at the location while the application was being reviewed, the intercity bus company must cease operation at the location immediately.

3504.9 After the intercity bus service operator meets the requirements of § 3504.6, the Department shall:

(a) Issue a permit to the intercity bus service operator; and

(b) Post signs delineating the curb space and designating the hour(s) of operation and day(s) of the week for each approved intercity bus service passenger loading zone. The signs shall prohibit parking during the hour(s) and day(s) approved for intercity bus service passenger loading and unloading.

3504.10 The permit issued by the Department shall be valid for one (1) year after the date of issuance, unless earlier cancelled, suspended, or revoked, and may be renewed pursuant to § 3507.

Source: Notice of Final Rulemaking published at 58 DCR 5323, 5329 (June 24, 2011).