Code of the District of Columbia

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.


(Jan. 14, 1933, 47 Stat. 760, ch. 10, § 4; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21.)

Prior Codifications

1981 Ed., § 44-201.

1973 Ed., § 44-201.


§ 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.


(May 23, 1908, 35 Stat. 250, ch. 190, § 16; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21.)

Prior Codifications

1981 Ed., § 44-202.

1973 Ed., § 44-202.

Section References

This section is referenced in § 35-203.


§ 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.


(May 23, 1908, 35 Stat. 250, ch. 190, § 17; Mar. 4, 1913, 37 Stat. 995, ch. 150, § 8; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 21, 2000, D.C. Law 13-187, § 2(b), 47 DCR 7073.)

Prior Codifications

1981 Ed., § 44-203.

1973 Ed., § 44-203.

Effect of Amendments

D.C. Law 13-187 substituted for “Public Service Commission” the phrase “Corporation Counsel” and for the phrase “the Commission” the phrase “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.


(Aug. 7, 1894, 28 Stat. 250, ch. 232.)

Prior Codifications

1981 Ed., § 44-204.

1973 Ed., § 44-204.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 35–205. Glass vestibules required for street car motormen; penalties; exception. [Repealed]

Repealed.


(Mar. 3, 1905, 33 Stat. 1001, ch. 1434; Apr. 29, 2004, D.C. Law 15-154, § 10, 50 DCR 10996.)

Prior Codifications

1981 Ed., § 44-205.

1973 Ed., § 44-205.


§ 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.


(May 23, 1908, 35 Stat. 247, ch. 190, § 4.)

Prior Codifications

1981 Ed., § 44-206.

1973 Ed., § 44-206.

Section References

This section is referenced in § 35-203.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in 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.


(May 23, 1908, 35 Stat. 250, ch. 190, § 15; Oct. 21, 2000, D.C. Law 13-187, § 2(a), 47 DCR 7073.)

Prior Codifications

1981 Ed., § 44-207.

1973 Ed., § 44-207.

Section References

This section is referenced in § 35-203.

Effect of Amendments

D.C. Law 13-187 rewrote the first sentence which formerly provided: “No transfer ticket or written or printed instrument giving or purporting to give the right of transfer to any person or persons from a public conveyance operated upon 1 line or route of a street railroad or from 1 car to another car upon the line of any street railroad, shall be issued, sold, or given except to a passenger lawfully entitled thereto.”


§ 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.


(Aug. 2, 1894, 28 Stat. 218, ch. 189, § 5; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 572, Pub. L. 91-358, title I, § 155(c)(40).)

Prior Codifications

1981 Ed., § 44-208.

1973 Ed., § 44-208.


§ 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.


(Mar. 2, 1889, 25 Stat. 797, ch. 370; Feb. 11, 1895, 28 Stat. 650, ch. 79.)

Prior Codifications

1981 Ed., § 44-209.

1973 Ed., § 44-209.


§ 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.


(Mar. 3, 1901, 31 Stat. 1302, ch. 854, § 711.)

Prior Codifications

1981 Ed., § 44-210.

1973 Ed., § 44-210.


§ 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.


(Mar. 3, 1901, 31 Stat. 1302, ch. 854, § 710; June 30, 1902, 32 Stat. 534, ch. 1329; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 44-211.

1973 Ed., § 44-211.

Section References

This section is referenced in § 35-210.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 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.


(Mar. 3, 1901, 31 Stat. 1302, ch. 854, § 712.)

Prior Codifications

1981 Ed., § 44-212.

1973 Ed., § 44-212.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 35–213. Free transportation of uniformed policemen and firemen. [Repealed]

Repealed.


(Sept. 1, 1916, 39 Stat. 683, ch. 433; May 10, 1989, D.C. Law 7-231, § 46, 36 DCR 492.)

Prior Codifications

1981 Ed., § 44-213.

1973 Ed., § 44-213.


§ 35–214. Reduced fares for school children.

Expired.


(Feb. 25, 1931, 46 Stat. 1419, ch. 302.)

Prior Codifications

1981 Ed., § 44-214.

Editor's Notes

The Act of February 25, 1931, 46 Stat. 1419, ch. 302, formerly codified as this section, became inoperative upon acceptance of the agreement between the Capital Traction Company and the Washington Railway and Electric Company for unification under the Act of January 14, 1933, 47 Stat. 759, ch. 10.


§ 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.


(June 10, 1896, 29 Stat. 320, ch. 395, § 10.)

Prior Codifications

1981 Ed., § 44-222.

1973 Ed., § 44-215.