
Photo by M.V.Jantzen
Update: please read this post as well.
DDOT recently wrote emergency regulations for pedicab operators and after a 180 day waiting period, extended those regulations indefinitely. Subsequently, the US Park Police has gone from enforcing regulations that don't exist, to enforcing DDOT regulations that don't apply to the Mall. I'm not sure if that's progress.
Pedicab operators have had a difficult year dealing with some US Park Police officers whom they say have arbitrarily enforced rules and inconsistently carried them out.
"I was told that we couldn't operate after sunset on the Mall," pedicabber Desmond Leary recalls from a recent encounter with an officer at sunset. "I took the officer's words as a warning and returned back to the shop despite the amount of tourists around. I was upset to find that this rule doesn't even exist."
Last month the District of Columbia Department of Transportation extended emergency regulations without seeking any input from the industry. And even though DDOT has no authority over the National Mall, select Park Police officers, whom appear resentful of pedicab operators, are using DDOT's regulations to
harass operators. This behavior continues even though citations are always dismissed when contested because the laws being cited don't apply to pedicabs, which are not considered motor vehicles. I don't know what to call repeatedly writing erroneous citations against a certain group or individual other than "harrassment."
One pedicabber was even
arrested recently while waiting for his tour group outside the Martin Luther King Jr. Memorial. Charged with assaulting a police officer, Scott Myerson insists that he simply stood still with his hands in the air questioning what rule was being broken. One witness, Winona, explained that officers "said it was for illegal parking" and that Park Police "were being very abusive." When the operator failed to comply with a command to put his hands behind his back, officer Piombo took out his can of pepper spray and pointed it at Myerson's face to force compliance. The next status hearing for Myerson occurs at 9:00 AM on January 10 at the H. Carl Moultrie Courthouse at 500 Indiana NW.
The DC Pedicab Operators Association was recently formed to represent those who actually ride a pedicab in the nation's capital. Previously, pedicab owners were the sole party influencing possible regulation, but becaue most owners don't actually ride a pedicab, operators felt they had to unite to get their
voice heard.
"We don't even mind having regulations as they provide the industry with more legitimacy," organizer Oskarin Mosco remarked. "Operators just want to be included in all meetings that determine how the industry is to be regulated, as they are the ones who are most affected by the regulations."
The DDOT emergency regulations had an expiration date of 180 days to provide plenty of time for legislators to meet with industry officials while still satisfying the Mayor's July request to establish more accountabilty. However, neither operators nor owners were notified of DDOT's decision to continue with the emergency regulations indefinitely. And their input was never sought.
Mosco continued, "DC Metro Police officers have rarely hassled operators over the past few years. Same with the Secret Service and the Capitol Police. Only some officers with the US Park Police continue to initiate, and escalate, confrontation in areas where pedicabs operate. We just want to be included in the conversation as to avoid causing further troubles for all concerned."
While no one would argue that an industry should write its own regulations, it's equally crazy to not consult them when writing the regulations. Who really knows more about pedicabs, DDOT or the pedicab companies and operators? DC would never write taxi regulations without consulting that industry, but here they do. Talking with the stakeholders not only allows for better relations and communications, but I believe it would make for better regulations. They need to fix this.
"While no one would argue that an industry should write its own regulations, ..."
You must be new here. From where I sit, that's how it mostly works.
Posted by: Joe D | January 04, 2012 at 10:37 AM
True. But I'm talking about what should happen, not what does happen.
Posted by: washcycle | January 04, 2012 at 11:03 AM
Isn't that pedicab operator in the picture breaking a bunch of the new regs?
Posted by: Crickey7 | January 04, 2012 at 11:23 AM
I had hoped the BAC would have undertaken efforts to facilitate a discussion amongst operators, police, DDOT etc. Personally, I believe that as gas prices continue to rise, human powered transportation & transportation services will make increasing demands on road use.
Posted by: Phil Lepanto | January 05, 2012 at 05:33 PM
The BAC has held discussions on pedicab regulations, but not because DDOT came to them with them. But some felt it wasn't really a BAC issue. And there was little agreement on whether the regulations were good as is, or needed changes.
Posted by: washcycle | January 05, 2012 at 07:07 PM
we need to be included in the conversation b4 the uspp take these regs to the extreme this summer
Posted by: WOLM | February 08, 2012 at 09:26 PM