D.C. Mun. Regs. tit. 24, r. 24-3317
The Director shall publicly post the shared fleet device permit application on the Department's website for a period of not less than ten (10) business days and include the date of application closure.
The Director shall review a shared fleet device permit application using the following criteria, including answers to the relevant questions associated with the criteria below:
Criteria: | Relevant Questions Include: |
(a) Equity and Affordability | (1) How can the device be located and unlocked without a smartphone or computer? (2) What are the parameters of the Low-Income Customer Plan (LICP)? (3) What are the cash payment options and how will they be publicized? |
(b) Safety | (1) How are geofences created? (2) How are geofences displayed in the app? (3) What is the shared fleet device operating company's plan for extreme weather and special events? (4) Where are batteries and devices stored and charged? (5) What procedures exist around how batteries and devices are stored, charged, and installed in vehicles? (6) What precautions are in place to prevent battery tampering? (7) What is the battery disposal plan? (8) What contracts are in place for safe disposal of batteries? (9) How will the company ensure that devices are safe for use and well-maintained? |
(c) Accountability and Data | (1) How does the shared fleet device operating company plan to prevent Ward overconcentration? (2) How does the company observe parked devices? (3) Will the company move a vehicle within two (2) hours of notification? (4) How will the company's data be collected and transmitted to the Department? |
(d) Labor | (1) What training do mechanics employed or contracted by the shared fleet device operating company receive? (2) How does the company perform maintenance on its devices? How does the company track maintenance performed on its devices? (3) What is the company's plan to maintain staffed operations within the District, and how would this plan change if fleet increases are granted? (4) What will the ratio of staff to vehicles be? (5) How will staff be utilized during large events? (6) What portion of the company's staff will be contract versus employee, in aggregate and broken down by team or division? (7) What trainings do the company's staff or contractors receive? (8) How are the staff or contractors educated about the rules and regulations in the District? |
(e) Sustainability | (1) How will the shared fleet device operating company ensure a reasonable useful life of its devices? |
(f) Innovation | (1) How will the shared fleet device operating company address vehicles moving at a speed of 6mph or faster on sidewalks? (2) How will the company prevent under-age riding and double-riding? (3) How will the company address sidewalk riding in the Central Business District? (4) How will the company address restricted riding and parking on private property? (5) Does the device have sidewalk-riding detection? (6) What innovations in parking management could the operator offer to reduce concentrations of devices in the public space? |
(g) Past Performance | (1) Describe your past performance and continued operations in other markets including the type of authorization for operation (permit, RFP, contract, etc.), number of devices, square mileage of the service area, the utilization per vehicle per day, and any commendations or disciplinary actions. (2) Has the shared fleet device operating company, or any of its corporate partners, subsidiaries or entity it may do business as, had its permit revoked or has it operated without appropriate permitting/authorization, either in the District or in another jurisdiction? (3) Has the company, or any of its corporate partners, subsidiaries or entity it may do business as, ever had its permit to operate suspended, either in the District or in another jurisdiction? |
(h) Device and Equipment | (1) Does the device meet the standards outlined in the definition of the device? (2) Does the device have a basket? (3) What is the wheel size? (4) Does the device have adequate suspension and provide comfort while riding? (5) What measures are in place to prevent brake tampering? (6) What is the braking distance? |
(i) Operations | (1) What are the hours of availability? (2) What is the shared fleet device operating company's deployment plan? (3) How will the company respond to complaints from the public? (4) How will the company respond to notifications from the District? (5) How does the company track fatalities on one of its devices in any market? |
(j) Education and Engagement | (1) How will the company communicate the rules of the road to users? (2) How will the company educate users about proper riding and parking of devices? (3) How will the company measure educational outcomes? (4) How and when will the company communicate with nonusers about the service? (5) How will the company recruit for Low-Income Customer Plan (LICP) enrollment? (6) How and when will the company provide free rider education classes? |
A shared fleet device operating company applicant shall provide a complete application. Applications that are not responsive to the criteria outlined in § 3317.2 will be deemed incomplete and not scored.
A points-based scoring system reflecting the criteria outlined in § 3317.2 will be included in an administrative issuance released in advance of the permit application being published.
The applications shall be scored by an Evaluation Committee of at least two (2) representatives of the Department.
The Evaluation Committee shall score all responses to the application questions.
The Director shall issue a notice of how an application has been scored in response to the shared fleet device operating company applicant.
A shared fleet device operating company applicant that believes the Evaluation Committee incorrectly scored a permit application and was thus denied a shared fleet device permit may request an appeal by submitting a request in writing to the Director within fifteen (15) calendar days of receipt of the notice of review. The Director shall render a final decision within forty-five (45) calendar days of a written appeal.
A request for an appeal must describe the basis for the appeal and the specific rationale by which the applicant believes the decision should be reconsidered. A valid appeal shall be made on the basis that the Director improperly or mistakenly applied the scored criteria to the appellant's original application, made a mistake in analyzing or calculating an applicant's final score (or a component thereof), or improperly deemed an application as incomplete. An appeal request must not include additional information that should have been included in the original application, including supplemental responses to any of the application questions. The Director shall not consider new information of this type when reviewing an appeal request.
The burden of proof shall be on the applicant to demonstrate the Director erred in scoring the shared fleet device operating company's application.
The appealed application shall be reviewed by a Hearing Officer appointed by the Director.
The Hearing Officer shall issue a final report to the Director and shall outline the nature of the appeal from the shared fleet device operating company, the review of the record, and render a recommendation. The recommendation can be to:
The Director's final decision shall be binding and not subject to any further appeal within the Department.
D.C. Mun. Regs. tit. 24, r. 24-3317