Please read the terms and conditions of the park by by selecting each heading to expand. Select Apply below to begin a CUA application.

The National Park Service has terms and conditions on all commercial service agreements.  CUA Conditions apply to all Commercial Use Authorizations.  Park Specific Conditions are specific terms and conditions based on the services provided at that specific park. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications. Providing such information to the park superintendent for approval.

National Mall and Memorial Parks
Pedicab Tours or Transport

Non-motorized, and Human-powered bicycle tour or transport.

CUA Conditions

​​​Additional Information:  The National Park Service has terms and conditions on all commercial service agreements.  The following terms and conditions will apply to all Commercial Use Authorizations.  There may be additional terms and conditions based on the services provided.  These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications and providing such information to the park superintendent for approval.

 

CONDITIONS OF THIS AUTHORIZATION

 

  1. False Information:  The holder is prohibited from knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].

  2. Legal Compliance:  The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.

  3. Employee Conduct:  The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.

  4. Rates:  The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.

  5. Operating Conditions:  The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.

  6. Liabilities and Claims:  This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.

  7. Insurance:  Except for activities determined to be low risk by the area Superintendent, the holder must obtain and maintain commercial general liability insurance against claims arising out of or resulting from the acts or omissions of the holder or its employees, agents or contractors in carrying out the activities authorized under this CUA in the minimum amounts specified by the area Superintendent. The policy must name the United States of America as an additional insured. Based on the activities authorized under this CUA, the holder may be required to obtain and maintain other types of insurance in minimum amounts specified by the area Superintendent, regardless of the activity risk level determination. The park-specific insurance requirements for this CUA are attached to this CUA. The holder must provide the area Superintendent with certificates of insurance that accurately detail the conditions of the respective policy as evidence of compliance with the insurance requirements of this CUA. In addition, upon written request of the area Superintendent, the holder must provide the area Superintendent with a complete copy of any of the insurance policies (and all endorsements thereto) required by this CUA. The holder must provide the area Superintendent with immediate written notice of any material change in the holder’s insurance coverage required by this CUA. At all times, the holder must maintain liability insurance necessary to comply with any applicable local, state, or federal laws. Regardless of the minimum types and amounts of insurance required by this CUA, the holder is responsible for securing insurance sufficient in scope to cover the potential risks of providing the authorized service(s). The NPS will not be responsible for any omissions or inadequacies of insurance coverages and amounts in the event the insurance purchased by the holder proves to be inadequate or otherwise insufficient for any reason whatsoever.

  8. Exculpatory Agreements:  Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.

  9. CUA Fees:  At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity.  Administrative costs for the application process must be paid when the application is submitted.  Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.

  10. Benefit:  No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization.  This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.

  11. Transfer:  This authorization may not be transferred or assigned without the written consent of the area Superintendent.

  12. Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent.

  13. Preference or Exclusivity:  The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.

  14. Construction:  The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent.

  15. Reporting:  The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request any other specific information related to the holder’s operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments.

  16. Accounting:  The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.

  17. Paid Sick Leave:  The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.

  18. Intellectual Property of the National Park Service:  Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.

  19. Nondiscrimination:  The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.

  20. Notification of Employee Rights:  The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.

Park Specific Conditions

 

SPECIAL PARK CONDITIONS

COMMERCIAL USE AUTHORIZATION
 

  1. CONDITIONS VIOLATIONS. Violation of any of the Terms and Conditions of this permit may be cause for immediate suspension or revocation of the CUA permit.
  2. BUSINESS OPERATIONS. This authorization does not authorize the holder to advertise, solicit business, barter, and/or collect fees on lands owned and controlled by the United States unless specifically authorized in Form 10-115, Section 4 “Summary of authorized activity”.
  3. PARKING AND FEES. Parking is permitted only in designated parking areas/spaces unless otherwise identified in this authorization. All parking spaces must remain open on a first come, first use basis. Holder and participants are required to pay any applicable parking meter fees in Park. Holder is responsible for providing participants information regarding parking fees.
  4. COMPANY IDENTIFICATION. Holder must visibly identify the company for which he/she works while conducting activities on Park property (e.g., hat logo, embroidered shirt, or other similar method). Clothing, hats and similar apparel worn by Holder are not considered advertising as identified in Special Park Condition #1 “Business Operations”.
  5. EMPLOYEE RESPONSIBILITY. Holder shall ensure that all employees entering the park are informed of all of the conditions of this authorization. Holder may be cited for any authorization violations committed by their employees. A copy of this authorization must be on-hand during all activities conducted within Park jurisdiction.
  6. BEHAVIOR, CONDUCT AND SAFETY. Holder is required to exercise courtesy and consideration in their relations with the public, NPS employees, volunteers and other park agents. The Holder will review and correct the conduct of any of its employees whose actions or activities are considered by the Service to be inconsistent with the experience, enjoyment, and protection of visitors and stewards of public land. The Holder and all participants, authorized herein, must comply with all of the conditions of the authorization including all exhibits or amendments or written directions of the Superintendent. The Holder must, at all times, conduct activities so as to ensure the safety of Park visitors.
  7. ORIENTATION. Holder must provide an orientation to clients for the proposed itinerary and be capable of revising the itinerary for the group or an individual if an emergency situation occurs. The orientation must include acknowledgment of the Park location, Leave No Trace principles (as found at http://www.nps.gov/features/wilderness/leavenotrace/popup.html), Park rules/regulations, and safety/emergency procedures.
  8. MINORS. For any minors who are not accompanied by a parent or guardian, Holder will have signed medical, parental/guardian release forms that will authorize such minor's emergency medical treatment. The signed medical releases must be on-site with the group leader(s). Emergency Procedures Plan (EPP) will be present and accessible to everyone in the group.
  9. SEPARATED PASSENGERS / RESCUES. Holder is responsible for providing participants with necessary information to locate or contact their group if they become delayed or separated. Holder may not abandon their clients in the Park and are solely responsible for making arrangements for their clients to rejoin their group after being separated. Lost or missing clients must be reported to the National Capital Region Communications Center 866.677.6677, even if a call to 911 has already been placed.
  10. AREA USE. This authorization is applicable only for the use of the area, term, and conditions designated herein. The area(s) authorized for use under this authorization must be left in substantially the same condition as it was prior to the activities authorized herein. Removal or disturbance of natural, cultural and historical resources is prohibited (e.g., pruning, trimming or cutting of vegetation, removal of soil or stone, or similar activities).
  11. DAMAGES. Holder shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the Holder is authorized to make of the land described in this authorization. The Holder is responsible for, and will be charged for, any costs incurred by the National Park Service to repair/rehabilitate any damages occurring to the Park's natural, cultural, and historic resources by this authorization.
  12. HEALTH AND SANITATION. Holder will comply with applicable public health and sanitation standards and codes. Holder will promptly report information about any outbreaks of illness, whether employees or guests, to the Public Health Consultant at 202.641.5495. This information, along with other information received, will be evaluated by the Public Health Consultant to help identify potential illnesses caused by contaminated water/food sources or by other adverse environmental conditions.
  13. NONEXCLUSIVE AUTHORIZATION. Holder will have none of the rights or privileges of P.L. 105-391, Title IV [National Park Service Concessions Management Improvement Act of 1998] specified for concession contracts. The National Park Service (NPS) does not grant the Holder a preferential or exclusive right to conduct business in any NPS administered area. The National Park Service will not authorize the closing of a Park area to the public or permit the hampering of normal travel and use by the general public to accommodate this activity. Holder must ensure that all public access points within the Park remain open and unobstructed from activities authorized within this authorization.
  14. LIABILITY INSURANCE LAPSE OR CANCELLATION. This authorization is suspended immediately if a lapse or cancellation of the Holders liability insurance were to occur.
  15. FIREARMS. Holder and their employees are prohibited from carrying firearms while conducting business under this Authorization within the Park.
  16. REFUSE. Federal regulations (36 CFR 2.14) require the proper disposal of refuse.
  17. ACCIDENTS / INCIDENTS. Holder is required to immediately report any incidents or accidents that take place which involve injury and/or local jurisdiction emergency response. Initial notification will be made to National Capital Region Communications Center at 866.677.6677, even if a call to 911 has already been placed. A written report regarding all accidents or incidents requiring emergency response must be submitted to the Park Concessions Management Specialist within 2 business days.
  18. PARK CLOSURES. Holder shall not use area when activities may damage Park resources or when closed to the public (e.g., inclement weather, soft ground, flood conditions, repairs, construction, or similar temporary/permanent closures).
  19. THIRD PARTY OPERATIONS. This authorization is granted solely to the Holder named herein. Transfer of this authorization to third party operators, independent contractors, and/or other similar agents not employed by the Holder is prohibited. Third party operators, independent contractors, or other similar agents not directly employed by Holder must obtain separate authorization(s) from the Park.
  20. PARK INFORMATION. The CUA Holder is encouraged to provide information about National Mall and Memorial Parks that is relevant and includes park themes, as well as information about the mission of the National Park Service. Park theme information is available on the park website at http://www.nps.gov/nama
  21. ANNUAL REPORT. Within thirty (30) days after December 31 of each partial or full calendar year of operation, the Holder shall submit an annual report which summarizes total in-Park visitor use and includes gross revenues for the reporting period. For the purpose of this authorization, gross revenues are defined as:
    1. The total amount received, realized by, or accruing to the business operator for all sales of goods and services provided by the business operator for payment by cash, barter, or credit pursuant to the privileges granted by the authorization. This includes income from subsidiary or other operations located outside of lands administered by the National Park Service to the extent that they support operations authorized by the authorization.
    2. Gross receipts generated from subsidiary or other operations located outside of the Park that do not participate in the provision of the service will not be included in the calculation of revenues generated under this authorization
  22. MANAGEMENT FEE. Management fees will be required for the following CUAs: Guided Exercise Classes, Water Taxis, Road-based Commercial Tours, Pedicab. Management Fees are calculated using the amount reported under Gross Receipts (question 8) on the NPS 10-660 Form. The percentage of gross receipts for Services will be calculated by:
    1. Businesses with gross annual receipts of $250,000 or less will pay 3% of their gross receipts
    2. Businesses will pay 4% of gross receipts for amounts between $250,001 to $500,000, this is in addition to the 3% for gross receipts under $250,000 listed above.
    3. Businesses will pay 5% of gross receipts for the amount of gross receipts over $500,000.01; this is in addition to the amounts listed above.
The $350 application fee is a mandatory, one-time, non-refundable fee submitted when applying for a CUA. The application fee is credited toward the determined management fee due for each activity during the Annual Report submittal process.
After submitting an annual report, the management fee will be calculated by the NPS Commercial Services Office and the operator will receive an invoice for their management fee. Payment of the management fee is due 30 days after receipt of the invoice at Pay.gov. CUAs will not be renewed or issued to operators with outstanding management fees. 
 
 

PEDICAB: OPERATING PROVISIONS

 
A.) CUA ID cards must be worn by the permit holder and be visible at all times while operating a Pedicab within the National Mall and Memorial Parks. A lanyard and ID badge holder will be provided each time a CUA permit is issued. The fee for the reissue of a replacement CUA ID card is $25.00.
B) A copy of the signed CUA permit form and these provisions must be carried at all times by the CUA Holder while operating within the National Mall and Memorial Parks.

C) The CUA Holder must carry a current valid government issued photo ID at all times while operating within the boundaries of the National Mall and Memorial Parks. 

D) The commercial services described in this authorization are to be provided to park area visitors at reasonable rates and under operating conditions satisfactory to the park superintendent.
E) Pedicab operators must be dressed in clothing that presents a neat, clean and professional appearance at all times.  A minimum of a clean shirt, pants and close toed shoes are required for all pedicab operators within the park.  All clothing should be clean and free of tears.
F) Each pedicab operated by the CUA holder shall be painted, kept in a clean and sanitary condition, be free of litter and debris, and provide a professional, safe and inviting appearance at all times.
G) Pedicab Definition – Generally the definitions under the District of Columbia Regulation 18 DCMR 9901 have been adopted by the National Mall and Memorial Parks for all federal parkland under its authority. 

 

Pedicab – a bicycle with a single frame that connects two (2) rear wheels and one (1) front wheel that is designed to be ridden by one (1) or more persons, that transports, or is capable of transporting, passengers on seats attached to the bicycle, and that is used for transporting passengers for hire.
Bicycle - a device which is propelled solely by human power; which is designed to be ridden by one (1) or more persons; which has a saddle or seat for each person that the device is designed and equipped to carry; which has a tandem arrangement of two (2) wheels (or is a device generally recognized as a bicycle though equipped with two front or rear wheels); and which has either one wheel at least twenty inches (20 in.) in diameter or is designed to be ridden on a roadway. This shall not include any device equipped with a motor or engine capable of propelling such device either exclusively or in combination with human power, whether or not such motor or engine is in actual operation. (D.C. Law 1-110).
In accordance with 36 CFR 1.4 (a), the National Mall and Memorial Park Superintendent's Compendium, Section 1.1 defines Bicycle as every device propelled solely by human power upon which a person or persons may ride upon land having one, two, or more wheels, except a manual wheelchair. A Motor Vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power but not operated on rails or upon water, except a snowmobile and a motorized wheelchair.
  1. Since a pedicab is defined as a bicycle that may be propelled solely by human power,  pedicabs with a motor of any kind (including “electric start or assist motors”)  are not allowed to operate on the National Mall and Memorial Parks.
  2. Pedicabs with motors shall be deemed to be a motor vehicle and by definition will not be issued a Commercial Use Authorization for providing public commercial transportation within the National Mall and Memorial Parks.
H) Pedicab Safety Requirements – Generally most provisions under the District of Columbia Regulation 18 DCMR 1213 have been adopted by the National Mall and Memorial Parks for all federal parkland under its authority.  The DCMR citation is shown for cross-reference purposes only.

Each pedicab shall meet the following safety requirements:

  1. Any pedicab operated by a CUA Holder must be a commercially available manufactured unit with a unique “Vehicle Identification Number” (VIN) stamped into the frame. Pedicabs not meeting this condition that are otherwise inspected and approved or licensed for use by the District of Columbia may be utilized to transport passengers under this CUA.
  2. No bicycle or tricycle may operate as a pedicab by pulling any kind of cart, trailer or other enclosed seating contraption behind the bicycle or tricycle.
  3. The pedicab shall be equipped with: [18 DCMR 1213.4(c)(1)-(7)]
 
i. Passenger seat belts (either one (1) seat belt for each passenger or one (1) seat belt that covers all passengers);
ii. Hydraulic or mechanical disc or drum brakes, which shall be unaffected by rain or wet conditions
iii. At least one (1) and no more than two (2) battery-operated head lamps which shall emit a steady or flashing white light visible from a distance of at least five hundred feet (500 ft.) from the front of the pedicab, under normal atmospheric conditions at the times that use of the head lamp is required; 
iv. Battery-operated tail lamps mounted on the right and left areas of the rear of the pedicab, which, when operated, shall emit a steady or flashing red light visible from a distance of five hundred feet (500 ft.) to the rear, under normal atmospheric conditions at the times that use of the head lamp is required;
v.    Turning lights;
vi.    A bell or other device capable of giving a signal audible for a distance of at least one hundred feet (100 ft.); and
vii.    Reflectors on the spokes of the wheels of the pedicab.
 
4. A triangle shaped Slow Moving Vehicle (SMV) emblem which conforms to the American National Standard S276.8, shall be affixed to the rear of the pedicab as follows:
i. With one (1) point up;
ii. As close to the center as possible; and
iii. No less than two feet (2 feet) and no more than six feet (6 feet) above the roadway surface as measured from the lower edge of the emblem.

 
 
  1. Pedicab Operating Requirements – Generally most provisions under The District of Columbia Regulation 18 DCMR 1213 have been adopted by the National Mall and Memorial Parks for all federal parkland under its authority.  The DCMR citation is shown for cross-reference purposes only.


I) Each pedicab shall be operated in accordance with the following provisions:

  1. Each pedicab shall be operated in accordance with the roadway’s traffic control devices (e.g., signs, signals, or signage).
  2. No pedicabs will be operated or parked on any sidewalk (except for the sidewalk identified in Attachment A, which is available to pedicab travelling north to south around the Lincoln Memorial).
  3. No pedicab will be operated or parked on the wide gravel visitor paths on the National Mall
  4. It shall be prohibited for any person to solicit passengers audibly (to include use of bell and shouting), directly or indirectly, on park property.
  5. The maximum number of passengers a pedicab may transport shall not exceed the number of available seats.
  6. All passengers shall be seated while the pedicab is in motion.
  7. All pedicabs must be fully stopped when passengers are loaded and off-loaded. [18 DCMR 1213.5(e)]
  8. No pedicab operator shall stop to load or unload passengers on the traffic- facing side of the pedicab, while occupying any intersection or crosswalk, or in such a manner as to unduly interfere with the orderly flow of traffic.  All pedicab operators shall pull as close to the curb or edge of the roadway as possible to take on or discharge passengers. [18 DCMR 1213.5(f)]
  9. Pedicabs are prohibited from stopping, loading or unloading passengers or waiting on the northbound side of Lincoln Memorial Circle between the Memorial Bridge and Henry Bacon Drive. Pedicabs should advise their passengers to meet them at the pedicab stand on the South side of the Lincoln Memorial.
  10. Pedicabs are authorized to park in legal motor vehicle parking spaces in accordance with the limits displayed for the area in which they are parked.
  11. A pedicab shall not be parked, stopped or standing in any restricted zones identified for other vehicles, including, but not limited to, spaces reserved for disabled visitors, bus loading and unloading zones, taxicab standing zones, fire lanes and loading zones. However, a pedicab may utilize these spaces for the active loading and unloading of passengers as long as they are not obstructing access to these zones from authorized vehicles.
  12. Pedicabs are only allowed to stage/wait for passengers in those locations that are signed as “Pedicab Stand” (see Attachment D of the CUA Supplement for locations).  If a Pedicab Stand is full to capacity, any other pedicab operator intending to use that stand must seek another authorized location to stage until space becomes available.  At all other times and locations (except while parked in a legitimate parking spot, while negotiating a fare or otherwise loading or unloading passengers), pedicab must be in the active process of transporting passengers or otherwise traveling with traffic.
  13. A pedicab shall not be tied, cabled, or otherwise attached to a parking meter, street light pole, tree or other public space asset. [18 DCMR 1213.5(h)]
  14. At any time from one half (1/2) hour after sunset to one-half (1/2) hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, a pedicab shall be operated with a headlamp of sufficient intensity to reveal a person or a vehicle at a distance of three hundred feet (300 ft.), and a tail lamp capable of being seen from a distance of five hundred feet (500 ft.).
  15. No one shall operate or be in control of a pedicab while the person’s alcohol concentration is eight hundredths of a gram (0.08 g.) or more either per one hundred milliliters (100 ml.) of blood or per two hundred and ten liters (210 L.) of breath or is one tenth of a gram (0.10 g.) or more per one hundred milliliters (100 ml.) of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor. [18 DCMR 1213.6]
  16. The CUA Holder will not transport passengers with open containers of alcohol or allow passengers to consume alcohol while riding in a pedicab the CUA Holder is operating;
  17. The CUA Holder is prohibited from using cell phones, and any other communication device while carrying passengers, including texting.
  18. The CUA Holder may not use headphones, ear buds or other devices that limit the ability of the operator to hear other vehicles, passengers, pedestrians, emergency vehicles etc.
J) Rates for pedicab – All fares must be negotiated with the visitor prior to departing with the visitor. Signs displaying the following statement in 48pt font must be posted in front of the passenger’s seat and be clearly visible to the passengers: “The driver of this pedicab is required to negotiate all fares prior to departing on your trip.”  The posted sign will also include the following statement in 28pt font: “Please contact the National Mall and Memorial Parks with and comments or concerns about your experience in the park at NAMA_CommercialServices@nps.gov.”  A copy of this sign will be available in Attachment A of the CUA.


K) Violation of any of the above Terms and Conditions may be cause for immediate suspension or revocation of the CUA permit.

Insurance Requirements

Commercial General Liability (CGL) Insurance
Except for activities the area Superintendent has determined are low risk, Commercial General Liability insurance is required for the activities authorized by this CUA. Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance coverage required is $500,000 per occurrence. Liability insurance policies must name the United States of America as additional insured.  The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability insurance.

Other Required Insurance

Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses in the performance of the service in the park owned/leased/rented vehicles. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance required for interstate passenger transport is:
 
Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)Minimum per Occurrence Liability Limits
15 or fewer passengers$1,500,000
16 or more passengers$5,000,000
 
The commercial automobile liability insurance requirements for interstate operation of autos used in performance of the service in the park, but not to transport passengers, are:
 
                     Commercial Vehicle Insurance
                           Interstate Operations
                       (No Passenger Transport)
        Minimum per Occurrence
                 Liability Limits
                 Small fleet vehicles under 10,001 pounds
$300,000
Fleet vehicles 10,001 pounds or more$750,000

 

The NPS has not established standard commercial automobile liability minimums for intrastate auto use by CUA holders because each state has unique rules and regulations. Intrastate CUA holders must meet individual state requirements for Commercial Automobile Liability Insurance or the interstate requirements above, whichever are greatest.
 
If the CUA holder will use rented or leased vehicles in performance of the authorized service, the holder must secure appropriate insurance for that rented or leased vehicle in the amount required by this attachment. Proof of insurance secured directly from the rental or lease company may not be available upon application submission, but applicants are required to provide proof of insurance coverage after application submission upon NPS request per the conditions of the CUA. Holders who use services provided by chartered transportation companies in the performance of the authorized service must ensure those chartered transportation companies meet Federal and State commercial vehicle insurance and licensing requirements.
 
CUA holders authorized to transport passengers aboard or use in the park an owned/rented/leased vessel may have P&I Vessel Insurance to cover claims for bodily injury, death, and property damage arising from use of the vessel as an alternative to commercial general liability insurance. The minimum P&I Vessel Insurance is $500,000 per occurrence. 
 
CUA holders authorized to transport passengers or use in the park an owned/rented/leased aircraft are required to obtain Aircraft Liability Insurance. The minimum Aircraft Liability Insurance is $1,000,000 per occurrence. 
 
CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.
 
Insurance Company Minimum Standards
 
The NPS has established the following minimum insurance company requirements which all insurance companies must meet. These standards apply to foreign insurance companies as well as domestic companies.

  1. All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.  

  2. All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service

  3. The insurance ratings must be submitted with the CUA Application.  The rating companies do not issue certificates.  We require the insurance broker to note this rating in the Certificate of Insurance. If the rating does not appear on the certificate, the insurance broker must provide it in another document.

Proof of Insurance Submission
 
Applicants must submit proof of insurance required by this attachment with the CUA Application. The proof of insurance must: 

  • Be written in English with monetary amounts reflected in USD.

  • Reflect that insurance coverage is effective at time of CUA Application submission.

  • Name as insured the business or person that is providing the service.

  • Name the United States or National Park Service as additional insured.

  • Reflect a Commercial General Liability policy with the minimum coverage amount required in this attachment.

  • Reflect required additional insurance (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in this attachment.

  • Include insurance provider rating or provide in separate document.

Reporting Requirements

​You are required to submit an annual report (Form 10-660) through this system by February 28 for the previous calendar year operations. Monthly reports, if required for your CUA, are due by the 15th of each month for the previous month operations. You also must submit any required activity specific reports and should refer to the regional and park specific CUA conditions for those requirements prior to submitting an application. Notification for due reports will be provided via email. You are responsible for monitoring your email account. 


Required Documentation

Have the following documentation ready to upload or available on your Company Profile:

Insurance Certification
 

CUA Fees

The application fee for this CUA is $350.
If you have paid for a previous CUA applications for this park during this CUA season, your application fee will be discounted by $100.

The management fee for this CUA is a market price fee based on a percentage of your revenue earned from in-park or park-dependent operations. The fee is not based on your overall revenue or on revenue earned from services not authorized by the CUA that do not occur in-park or are park-dependent. The NPS defines park-dependent operations as those commercial activities that are packaged and sold, marketed to include, or coincidentally include, entry into the park boundaries for part or all of the activity duration.

The market price fee calculation is:

  • Less than $250,000 earned from park-based operations - 3% of gross receipts (minus application fee).  

  • $250,000 to $500,000 earned from park-based operations - 4% of gross receipts.  

  • More than $500,000 earned from park-based operations - 5% of gross receipts.

The market price fee is a tiered fee best explained by example. Suppose a CUA holder earns $750,000 in gross revenue by providing the service authorized by the CUA. The NPS will charge 3% of gross receipts for the first $250,000 earned, 4% for the next $250,000, and 5% for the remaining $250,000, for a total CUA management fee of $30,000, minus the application fee.
You are required to report revenue each year when you submit the mandatory annual CUA report. The market price management fee is due after NPS staff verifies report accuracy. 

The CUA application fee is non-refundable, and you are responsible for ensuring you are applying for the correct CUA service type.
This application is for Pedicab Tours or Transport in National Mall and Memorial Parks.