§ 50–2201.02. Definitions.
*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*
For the purposes of this chapter, the term:
(1) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.
(2) “All-terrain vehicle” or “ATV” means any motor vehicle with 3 or more tires that is designed primarily for off-road use and which has a seat or saddle designed to be straddled by the operator. The terms “all-terrain vehicle” and “ATV” shall not include golf carts, riding lawnmowers, or tractors.
(2A) "Block" means the 2 opposite sides of a street between 2 consecutive street intersections.
(2B) "Block face" means one side of a block.
(3) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.
(4) “Commercial vehicle” means a vehicle used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;
(B) If the vehicle is designed to transport more than 15 passengers, including the driver;
(C) If the vehicle is a locomotive or a streetcar;
(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or
(E) If the vehicle is a vehicle for hire.
(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.
(5A) "Director" means the Director of the District Department of Transportation.
(6) “Dirt bike” means any motorcycle designed primarily for off-road use.
(6A)(A) "Electric mobility device" means a device weighing less than 75 pounds that:
(i) Has an electric motor;
(ii) Is solely powered by the electric motor or human power;
(iii) Is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and
(iv) Is no greater than 24 inches wide and 55 inches long.
(B) The term "electric mobility device" shall not include a motorized bicycle, personal mobility device, motorcycle, or moped.
(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.
(8) “Identifying information” means the name, complete address, and telephone number of the operator of the vehicle; if the owner of the vehicle is different from the operator of the vehicle, the name, complete address, and telephone number of the owner of the vehicle operated; the tag number of the vehicle operated or, if no tag number, the vehicle identification number; and insurance information for the vehicle operated.
(9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.
(9A) "Lock-to mechanism" means a mechanism on shared fleet devices that locks the device to an object or infrastructure.
(10) “Mayor” means the Mayor of the District of Columbia or his or her designee.
(11) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, electric mobility devices, personal mobility devices, motorized bicycles or a battery-operated wheelchair when operated by a person with a disability.
(11A)(A) "Motorized bicycle" means a 2 or 3 wheeled vehicle with all of the following characteristics:
(i) A post mounted seat or saddle for each person that the device is designed and equipped to carry;
(ii) A vehicle with 2 or 3 wheels in contact with the ground, which are at least 16 inches in diameter;
(iii) Fully operative pedals for human propulsion; and
(iv) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground.
(B) The term "motorized bicycle" shall not include electric mobility devices, personal mobility devices, or a battery-operated wheelchair when operated by a person with a disability.
(12) “Park” means to leave any motor vehicle standing on a highway, whether or not attended.
(12A) "Permitted operator" means a SFD operating company that has a SFD permit.
(12B) "Personal information" means information that can reasonably be used to contact or distinguish a person, including internet protocol addresses, device identifiers, bank or credit card information, home addresses, email addresses, or phone numbers.
(13)(A) "Personal mobility device" or "PMD" means a motorized propulsion device that is designed to transport only one person that:
(i) Weighs 75 pounds or more; or
(ii) Is a self-balancing, two non-tandem wheeled device.
(B) The term "personal mobility device" shall not include:
(i) A battery-operated wheelchair;
(ii) An electric mobility device; or
(iii) A motorized bicycle.
(14) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years prior to the arrest on the current offense.
(14A) "SFD fleet" means all shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator.
(14B)(A) "SFD operating company" means a company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way.
(B) The term "SFD operating company" shall not include the District Department of Transportation or its contractors operating Capital Bikeshare.
(14C) "SFD permit" means a public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.
(14D) "Shared fleet device" means an electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.
(15) “This chapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.
(16) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.
(17) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.
(18) “Vehicle conveyance fee” shall have the same meaning as provided in § 50-2301.02(9).
(19) “Vehicle for hire” means:
(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;
(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;
(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or
(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs, but not including shared fleet devices.
(20) “Work zone” means the area of a highway or roadway that is affected by construction, maintenance, or utility work activities, including the area delineated by and within all traffic control devices erected or installed to guide vehicular, pedestrian, and bicycle traffic.