Chapter 2. Street Railways and Bus Lines.
Subchapter I. General.
§ 35–201. Competitive lines on fixed routes and schedules; certificate of convenience and necessity required.
No competitive street railway or bus line, that is, bus or railway line for the transportation of passengers of the character which runs over a given route on a fixed schedule, shall be established without the prior issuance of a certificate by the Public Service Commission of the District of Columbia to the effect that the competitive line is necessary for the convenience of the public.
§ 35–202. Furnishing sufficient cars, power, equipment, appliances and service required; rules and regulations; penalties for violation.
Every street railroad company or corporation owning, controlling, leasing or operating 1 or more street railroads within the District of Columbia shall on each and all of its railroads supply and operate a sufficient number of cars, clean, sanitary, in good repair, with proper and safe power, equipment, appliances and service, comfortable and convenient, and so operate the same as to give expeditious passage, not to exceed 15 miles per hour within the city limits or 20 miles per hour in the suburbs, to all persons desirous of the use of the said cars, without crowding said cars. The Public Service Commission is hereby given power to require and compel obedience to all of the provisions of this section, and to make, alter, amend and enforce all needful rules and regulations to secure said obedience; and said Commission is given power to make all such orders and regulations necessary to the exercise of the powers herein granted to it as may be reasonable and proper; and such railroad companies or corporations, their officers and employees, are hereby required to obey all the provisions of this section, and such regulations and orders as may be made by said Commission. Any such company or corporation, or its officers or employees, violating any provision of this section, or any of the said orders or regulations made by said Commission, or permitting such violation, shall be punished by a fine of not more than $1,000. And each day of failure or neglect on the part of such company or corporation, its officers or employees, to obey each and all of the provisions and requirements of this section, or the orders and regulations of the Commission made thereunder, shall be regarded as a separate offense.
§ 35–203. Prosecutions to be on information.
Prosecutions for violations of any of the provisions of §§ 35-202, 35-206, and 35-207 shall be on information of the Corporation Counsel filed in the Superior Court of the District of Columbia by or on behalf of the District of Columbia.
§ 35–204. Fenders required on street cars.
The Mayor of the District of Columbia is hereby authorized and empowered to make and to enforce all reasonable regulations in respect to requiring street cars operated by other means than horsepower in the District of Columbia to be provided with proper fenders for the protection of the lives and limbs of all persons within the District of Columbia. Such power and authority shall extend to the adoption by the said Mayor of any fender or fenders deemed by him to be superior to the fenders now in use as the fender or fenders which shall be used on cars operated within said District; provided, that nothing contained in this section shall operate to relieve any street-railway company from liability for accidents on its lines.
§ 35–205. Glass vestibules required for street car motormen; penalties; exception. [Repealed]
Repealed.
§ 35–206. Construction of duct lines authorized.
The Anacostia and Potomac River Railroad Company, the Washington Railway and Electric Company, the City and Suburban Railway Company, and the Capital Traction Company are hereby permitted to lay duct lines on such streets as may be necessary for the proper operation of their lines, the location of such duct lines to be approved by the Mayor of the District of Columbia, and the cost thereof shall be borne and paid solely by said street-railway companies, and they shall be solely liable for all damages to persons and property occasioned by any construction or work authorized by this section.
§ 35–207. Unlawful disposition, acceptance and use of transfers.
No transfer ticket or written or printed instrument giving or purporting to give the right of transfer to any person or persons from a rail transit car or from a public passenger vehicle with a capacity for seating 12 or more, owed or operated by the Washington Metropolitan Area Transit Authority, which is transporting passengers in regular route service within the corporate limits of the city, shall be issued, sold, or given except to a passenger lawfully entitled thereto. Any person who shall issue, sell, or give away such a transfer ticket or instrument as aforesaid to a person or persons not lawfully entitled thereto, and any person or persons not lawfully entitled thereto who shall receive and use or offer for passage any such transfer ticket or instrument to another with intent to have such transfer ticket used or offered for passage shall be punished by a fine not exceeding $25.
§ 35–208. Reciprocal transfer and trackage agreements.
Every street railway in the District of Columbia whose lines connect, or whose lines may, after August 2, 1894, connect, with the lines of any other street-railway company, is hereby required to make reciprocal transfer arrangements with such street-railway companies, and to furnish such facilities therefor as the public convenience may require, and to enter into reciprocal trackage arrangements with such connecting roads. The schedules and compensation shall be mutually agreed upon between the said railway companies, and in case of failure to reach such mutual agreement, the matter in dispute shall be determined by the Superior Court of the District of Columbia, upon petition filed by either party.
§ 35–209. Type of rails required.
No other rail than a flat grooved rail made level with the surface of the streets upon each side of the tracks or roadbeds, so that no obstruction shall be presented to vehicles passing over said tracks, shall be laid by any street railway company in the streets of Washington; provided, that the foregoing requirements as to rails and roadbed shall not apply to street railroads outside the City of Washington.
§ 35–210. Use of another’s underground line prohibited.
It shall be unlawful for any street-railway company operating its system or parts of its system over any portion of the underground electric lines owned and operated by another street-railway company in the City of Washington to continue such operation, or to enter into reciprocal trackage relations with any other company, unless its motive power for the propulsion of its cars shall be the same as that of the company whose tracks are used or to be used. For every violation of §§ 35-210 to 35-212 the company violating it shall be subject to a fine of $10 for every car operated in violation of the provisions of §§ 35-210 to 35-212, said fine to be collected and applied in the same manner as is provided by § 35-211.
§ 35–211. Removal of disused tracks; penalty for noncompliance.
Whenever the track or tracks, or any part thereof, of any street-railway company in the District of Columbia shall not have been regularly operated for railway purposes upon a schedule as required by its charter for a period of 3 months, the Mayor of said District, in his discretion, may thereupon notify such company to remove said unused tracks and to place the street in good condition; and if such company shall neglect or refuse to remove said tracks and place the street in good condition within 60 days after such notice, the said company shall be deemed guilty of a misdemeanor and shall be liable to a fine of $10 for each and every day during which said tracks are permitted to remain upon the street or streets, or said roadway shall remain out of repair, which fine shall be recovered in the Superior Court of the District of Columbia, in the name of said District, as other fines and penalties are recovered in said Court.
§ 35–212. Free transfer under reciprocal trackage agreement.
All street-railway companies within the District of Columbia on January 1, 1902, operating their systems, or parts of their systems, in the City of Washington by use of the tracks of 1 or more of such companies, under a reciprocal trackage agreement, which shall be compelled to discontinue the use of the tracks of another company, shall issue free transfers to their patrons from 1 system to the other at such junctions of their respective lines as may be provided for by the Mayor of the District of Columbia.
§ 35–213. Free transportation of uniformed policemen and firemen. [Repealed]
Repealed.
§ 35–214. Reduced fares for school children.
Expired.
§ 35–215. Annual reports to Congress.
Every street-railroad corporation in the District of Columbia, and every such corporation which shall be organized after June 10, 1896, shall, on or before the 1st day of February in each year, make a report to each the Senate and the House of Representatives, which report shall be sworn to and signed by the president and treasurer of such corporation, and shall cover the period of 1 year ending the 31st day of December previous to the date of making the report. Such report shall state the amount of capital stock, with a list of the stockholders and the amount of stock held by each; the amount of capital stock paid in; the total amount now of funded debt; the amount of floating debt; the average rate per annum of interest on funded debt; amount of dividends declared; cost of roadbed and superstructure, including iron; cost of land, buildings, and fixtures, including land damages; cost of cars, horses, harness, and motors and other machinery; total cost of road and equipment; length of road in miles; length of double track, including sidings; weight of rail, by yard; the number of cars and of horses; the number of motors; the total number of passengers carried in cars; the average time consumed by passenger cars in passing over the road; repairs of roadbed and railway, including iron, and repairs of buildings and fixtures; total cost of maintaining road and real estate; cost of general superintendence; salaries of officers, clerks, agents, and office expenses; wages paid conductors, drivers, engineers, and motor men; water and other taxes; damages to persons and property, including medical attendance; rents, including use of other roads; total expense of operating road, and repairs; receipts from passengers; receipts from all other sources, specifying what, in detail; total receipts from all sources during the year; payments for maintenance and repairs; payments for interest; payments for dividends on stock, amount and rate per centum; total payments during the year; the number of persons injured in life and limb; the cause of the injury, and whether to passengers, employees, or other persons.
Subchapter II. Student Fares. [Repealed]
§ 35–231. Fixed rate for schoolchildren not over 18 years of age; formula for adjusting and payment of fare subsidy. [Repealed]
Repealed.
§ 35–232. Subsidy agreement. [Repealed]
Repealed.
§ 35–233. Validity of reduced fares; requirements for eligibility. [Repealed]
Repealed.
§ 35–234. Tokens and tickets; certification of eligibility required. [Repealed]
Repealed.
§ 35–235. Metrorail discount cards; factors determining need in use of transit system. [Repealed]
Repealed.
§ 35–236. Subsidy payments authorized; audit; interest credit for advance payment. [Repealed]
Repealed.
§ 35–237. Rules and regulations. [Repealed]
Repealed.
Subchapter II-A. Student, Foster Youth, Summer Youth Employee, and Adult Learner Transit Subsidies.
§ 35–241. Definitions.
For the purposes of this subchapter, the term "public transit services operated by the District government" means the D.C. Circulator bus system and the District's streetcar system.
§ 35–242. Transit subsidy agreement.
To accomplish the mandates of this subchapter, the Mayor may enter into one or more agreements with the Washington Metropolitan Area Transit Authority for the transportation of elementary and secondary school students, adult learners, foster youth, and summer youth employees at subsidized or free fares.
§ 35–243. Kids Ride Free transit subsidy program.
(a) The Mayor may establish a subsidy program, to be known as Kids Ride Free ("Kids Ride Free Program"), under which District elementary and secondary school students shall receive free fares on the Metrorail system, Metrobus system, and public transit systems operated by the District government.
(b) To be eligible for the Kids Ride Free Program, a student shall be:
(1) A resident of the District under 22 years of age; and
(2) Enrolled in one of the following:
(A) A traditional District of Columbia public school or public charter school;
(B) An alternative, adult, or special education District of Columbia public school or public charter school;
(C) A private school, including a parochial school, in the District;
(D) An education program operated by the Office of the State Superintendent of Education; or
(E) Homeschooling in the District.
(c) The Mayor may require each student, student's parent or guardian, or student's school to file an application on behalf of the student to participate in the Kids Ride Free Program.
(d) The Mayor may impose a fee for the issuance or replacement of a transit card.
(e) The Mayor may establish standards for eligibility to participate in the Kids Ride Free Program and may impose such other restrictions on eligibility and the use of free fares, including limiting the use of free fares to educational and employment purposes, that the Mayor deems appropriate for the proper operational and fiscal administration of the Kids Ride Free Program.
§ 35–244. Transit subsidy for youth in the District's foster care system.
(a) The Mayor may establish a program ("Foster Youth Program") to allow youth in the District's foster care system to receive free fares on the Metrorail system, Metrobus system, and public transit services operated by the District government.
(b) To be eligible to participate in the Foster Youth Program, a foster youth must be under 21 years of age.
(c) The Mayor may require each foster youth, or the foster youth's parent, guardian, or custodian to file an application on behalf of the foster youth to participate in the Foster Youth Program.
(d) The Mayor may impose a fee for the issuance or replacement of a transit card.
(e) The Mayor may establish standards for eligibility to participate in the Foster Youth Program, and may impose such other restrictions on eligibility and the use of free fares, including limiting the use of free fares to educational and employment purposes, that the Mayor deems appropriate for the proper operational and fiscal administration and of the Foster Youth Program.
§ 35–245. Summer Youth Employment Program transit subsidy.
(a)(1) The Mayor shall establish a program ("SYEP Program") to allow participants in the Summer Youth Employment Program ("SYEP") administered by the Mayor pursuant to § 32-242(a)(1) to travel at subsidized or free fares on the Metrorail system, Metrobus system, and public transit services operated by the District government.
(2) The total subsidy provided to an individual pursuant to paragraph (1) of this subsection shall at least equal the cost of a roundtrip regular Metrobus fare for every program day of the SYEP.
(b) To be eligible to participate in the SYEP Program, an SYEP participant:
(1) Must be 24 years of age or younger; and
(2) May not receive a subsidy pursuant to § 35-243 or § 35-244 during the individual's SYEP participation.
(c) The Mayor may require each SYEP participant or the SYEP participant's parent or guardian to file an application on the SYEP participant's behalf to participate in the SYEP Program.
(d) The Mayor may impose a fee for the issuance or replacement of a transit card.
(e) The Mayor may:
(1) Establish standards for eligibility to participate in the SYEP Program;
(2) Limit the use of subsidized fares to transportation to and from SYEP employment, internships, and related activities; and
(3) Impose such other restrictions on eligibility and the use of subsidized or free fares that the Mayor deems appropriate for the proper operational and fiscal administration of the SYEP Program.
§ 35–246. Adult learners transit subsidy.
(a) Subject to available funds, the Mayor shall establish a program ("Adult Learners Program") for students of adult learning programs to receive subsidized fares on the Metrorail system, Metrobus system, and public transit services operated by the District government.
(b) To be eligible to participate in the Adult Learners Program, a student shall be:
(1) Eighteen years of age or older;
(2) A District resident;
(3) Not eligible for a free fare pursuant to § 35-243 or § 35-244; and
(4) Enrolled in an adult learning program that is operated by or receives funding from:
(A) A local education agency in the District, including the District of Columbia Public Schools or a public charter school;
(B) The District of Columbia Public Library;
(C) The Office of the State Superintendent of Education; or
(D) The University of the District of Columbia Workforce Development and Lifelong Learning Program.
(c) Beginning in Fiscal Year 2020, an eligible student shall receive a subsidy equal to at least $70 per month for each month the student is enrolled in an adult learning program.
§ 35–247. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
Subchapter III. Passenger Conduct.
§ 35–251. Unlawful conduct on public passenger vehicles.
(a) For the purposes of this subchapter, the term “rail transit station” means a regular rail stopping place for the pick-up and discharge of passengers in regular route service, contract service, special or community-type service, including the fare-paid areas and roofed areas of the rail transit stations (not bus terminals or bus stops) owned, operated, or controlled by the Washington Metropolitan Area Transit Authority ("WMATA"); provided, that the term “rail transit station” shall not include parking lots, roadways and other areas intended for vehicle traffic.
(b) It is unlawful for any person, either while aboard a public passenger vehicle for hire with a capacity for seating 12 or more passengers, including vehicles owned or operated by WMATA, or while aboard a rail transit car owned or operated by WMATA, or while within a rail transit station owned or operated by WMATA, to:
(1) Smoke or carry a lighted or smoldering pipe, cigar, or cigarette;
(2) Consume food or beverages;
(3) Spit;
(4) Discard litter;
(5) Play any radio, musical instrument, or similar device, unless it is connected to an earphone that limits the sound to the individual user;
(6) Carry any flammable or combustible liquids, explosives, acids, or similar items inherently dangerous or offensive to others;
(7) Carry any animals, except for guide dogs properly harnessed and small animals properly contained;
(8) Stand in front of the line marked on the forward end of the floor of any bus or otherwise conduct themselves in such a manner as to obstruct the vision of the operator;
(9) Operate or chain to any fence, tree, railing, or other structure not specifically designated for such use, skateboards, rollerblades, roller skates, non-motorized scooters, bicycles, tricycles, or unicycles; or
(10) Park, operate, carry, wheel, or chain to any fence, tree, railing, or other structure not specifically designated for such use, mopeds, motorbikes, or any similar vehicle.
(c) It is unlawful for any person, while aboard a rail transit car, knowingly to cause the doors of any rail transit car to open by activating a safety device designed to allow emergency evacuation of passengers. It is an affirmative defense to a prosecution under this subsection that the person charged believed, in good faith, that the action was necessary to protect people from injury or death.
(d) It is unlawful for any person at a rail transit station to stop, impede, interfere with, or tamper with an escalator or elevator or any part of an escalator or elevator apparatus or to use an escalator or elevator emergency stop button, unless this action is taken by a person with the knowledge or the reasonable good faith belief that an emergency makes the action necessary to preserve or protect human life or property, or unless such action is taken by a WMATA employee, other government employees, or WMATA contractor acting pursuant to their official duties.
§ 35–252. Failure to pay fare or to present valid transfer; entry by rear door prohibited.
(a) Except in emergency circumstances, no person shall knowingly:
(1) Take the following actions without paying the established fare or presenting a valid transfer:
(A) Board a public or private passenger vehicle for hire, including vehicles owned or operated by the Washington Metropolitan Area Transit Authority ("WMATA");
(B) Board a rail transit car owned or operated by WMATA; or
(C) Enter or leave the fare-paid area of a rail transit station owned or operated by WMATA; or
(2) Board a public or private passenger vehicle for hire, including vehicles owned or operated by WMATA, through the rear exit door, unless so directed by an employee or agent of the carrier.
(b) A person who is stopped by an individual authorized to issue notices of infractions under § 35-254(a)(3) for violating subsection (a) of this section shall, upon request, inform that authorized individual of his or her true name and address for the purpose of including that information on a notice of infraction; provided, that no person shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.
§ 35–253. Carrier authorized to refuse transportation to violators.
A carrier may refuse to transport a person or persons whose immediately observed conduct or behavior would constitute a violation of § 35-251 or § 35-252.
§ 35–254. Penalties.
(a)(1) Except as provided in subsection (b)(1) of this section, a violation of § 35-251(b) or § 35-252(a) shall be punishable by a civil fine of not more than $50.
(2)(A) Violations penalized under this subsection shall be adjudicated by the Office of Administrative Hearings in accordance with subchapter II of Chapter 12 of Title 48; provided, that a person issued a notice of infraction shall not be assessed any additional penalties other than the civil fine for the violation, including the penalties described in §§ 48-1212(e) and 48-1213|(d).
(B) The Office of Administrative Hearings, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this paragraph.
(3) Individuals authorized to issue notices of infractions for the violations penalized under this subsection include any police officer with authority to make arrests within the District, including members of the Metro Transit Police Department.
(b)(1) A violation of section § 35-251(b)(6), (c) or (d) shall be punishable by a fine of not more than $300, imprisonment of not more than 90 days, not fewer than 30 hours of community service, or a combination of any 2 penalties, except that imprisonment and community service shall not be imposed together.
(1A) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to an authorized individual in violation of § 35-252(b) shall, upon conviction, be fined no more than $100.
(2) The fine set forth in this subsection shall not be limited by Chapter 35B of Title 22.
(3) All prosecutions under this subsection shall be brought by the Attorney General for the District of Columbia.
Subchapter III-A. Notice of Enhanced Penalties.
§ 35–261. Notice of enhanced penalties for commission of offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers.
(a)(1) The Washington Metropolitan Area Transit Authority shall post or otherwise provide conspicuous notice of the enhanced penalties for the commission of certain offenses against transit operators, Metrorail station managers, Metrorail station employees, and mass transit vehicle passengers in the District of Columbia pursuant to § 22-3751.01, on all Metrobus buses and Metrorail trains operating in the District of Columbia, and at or near all Metrorail station kiosks within the District of Columbia.
(2) The Mayor shall post or otherwise provide similar notice on all DC Circulator buses.
(b) The absence of notice on a vehicle or at a Metrorail station required under this section shall not constitute a defense to or otherwise invalidate or prevent the imposition of the enhanced penalties provided in § 22-3751.01.
Subchapter IV. Merger of Street Railways.
§ 35–271. Merger of street railways permitted.
Any or all of the street railway companies operating in the District of Columbia are hereby authorized and empowered to merge or consolidate, either by purchase or lease by 1 company of the properties, and/or stocks or securities of any of the others, or by the formation of a new corporation to acquire the properties and/or stocks or securities and to succeed to the powers and obligations of each or any of said companies under such terms and conditions as may be agreed upon by a vote of a majority in amount of the stock of the respective corporations and as may be approved by the Public Service Commission of the District of Columbia; provided, that no merger of said companies shall be finally consummated until the same is approved by a joint resolution of Congress. Such new corporation shall be incorporated under the provisions of Chapters 1, 2, and 4 of Title 29, as far as applicable, with issues of stock at a stated par value and/or of no par value, as may be approved by the Public Service Commission. Congress reserves the right to alter, amend, or repeal this section or any provision thereof.
