(a) The Mayor is authorized to use an automated traffic enforcement system to detect moving infractions. Violations detected by an automated traffic enforcement system shall constitute moving violations. Proof of an infraction may be evidenced by information obtained through the use of an automated traffic enforcement system. For the purposes of this subchapter, the term "automated traffic enforcement system" means equipment that takes a film or digital camera-based photograph which is linked with a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic infraction.
(b) Recorded images taken by an automated traffic enforcement system are prima facie evidence of an infraction and may be submitted without authentication.
(c) An individual's driver's license or privilege to operate a motor vehicle in the District shall not be suspended for a violation detected by an automated traffic enforcement system for failure to:
(1) Timely answer a notice of infraction;
(2) Appear, without good cause, at a scheduled hearing; or
(3) Timely pay any civil fine or penalty.
(Apr. 9, 1997, D.C. Law 11-198, § 901, 43 DCR 4569; Oct. 23, 2012, D.C. Law 19-187, § 2(a), 59 DCR 10149.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-751.
Effect of Amendments
D.C. Law 19-187 added subsec. (c).
Temporary Addition of Section
For temporary (225 day) addition, see § 901 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary addition of section, see § 901 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 901 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 901 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
For temporary amendment of section, see § 902 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 902 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 902 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
For temporary (90 day) addition of section, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-1, January 19, 2005, 52 DCR 2671).
Legislative History of Laws
Law 11-198, the "Fiscal Year 1997 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became law April 9, 1997.
Law 19-187, the "Automated Traffic Enforcement Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-244, which was referred to the Committee on Environment, Public Works and Transportation. The Bill was adopted on first and second readings on June 5, 2012, and July 10, 2012, respectively. Signed by the Mayor on August 6, 2012, it was assigned Act No. 19-440 and transmitted to both Houses of Congress for its review. D.C. Law 19- 187 became effective on October 23, 2012.
(a) Absent an intervening criminal or fraudulent act, the owner of a vehicle issued a notice of infraction shall be liable for payment of the fine assessed for the infraction.
(b) When a violation is detected by an automated traffic enforcement system, the Mayor shall mail a summons and a notice of infraction to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency. The notice shall include the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, and a copy of the photo or digitized image of the violation.
(c) An owner or operator who receives a citation may request a hearing which shall be adjudicated pursuant to subchapter I of Chapter 23 of this title.
(d) The owner or operator of a vehicle shall not be presumed liable for violations in the vehicle recorded by an automated traffic enforcement system when yielding the right of way to an emergency vehicle, when the vehicle or tags have been reported stolen prior to the citation, when part of a funeral procession, or at the direction of a law enforcement officer.
(Apr. 9, 1997, D.C. Law 11-198, § 902, 43 DCR 4569; Mar. 24, 1998, D.C. Law 12-81, § 51, 45 DCR 745; Apr. 8, 2005, D.C. Law 15-307, § 206, 52 DCR 1700; Oct. 23, 2012, D.C. Law 19-187, § 2(b), 59 DCR 10149.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-752.
Effect of Amendments
D.C. Law 15-307, in subsec. (a), substituted "the name, driver's license number, and address of the person who leased, rented, or otherwise had care, custody, or control of the vehicle; except that if the vehicle was in the temporary care, custody, or control of a business, the owner need only provide the name and address of that business" for "the name and address of the person who leased, rented, or otherwise had care, custody, or control of the vehicle".
D.C. Law 19-187 rewrote subsec. (a); and, in subsec. (b), substituted "Department of Motor Vehicles" for "Bureau of Motor Vehicle Services". Prior to amendment, subsec. (a) read as follow:
"(a) The owner of a vehicle issued a notice of infraction shall be liable for payment of the fine assessed for the infraction, unless the owner can furnish evidence that the vehicle was, at the time of the infraction, in the custody, care, or control of another person. In the event that the registered owner claims that the vehicle was in the custody, care, or control of another person, the registered owner of the vehicle shall provide evidence in a sworn affidavit, under penalty of perjury, setting forth the name, driver's license number, and address of the person who leased, rented, or otherwise had care, custody, or control of the vehicle; except that if the vehicle was in the temporary care, custody, or control of a business, the owner need only provide the name and address of that business."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 902 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 903 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 903 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 903 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
Legislative History of Laws
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-2209.01.
Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
For Law 15-307, see notes following § 50-1331.01.
For history of Law 19-187, see notes under § 50-2209.01.
The Mayor may enter an agreement with a private entity to obtain relevant records regarding registration information or to perform tasks associated with the use of an automated traffic enforcement system, including, but not limited to, the operation, maintenance, administration or mailing of notices of violations.
(Apr. 9, 1997, D.C. Law 11-198, § 903, 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-753.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 904 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Temporary Addition of Section
For temporary (225 day) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment Act of 2002 (D.C. Law 14-226, March 25, 2003, law notification 50 DCR 2739).
For temporary (225 day) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment Act of 2003 (D.C. Law 15-103, March 10, 2004, law notification 51 DCR 3623).
For temporary (225 day) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment of 2004 (D.C. Law 15-252, March 17, 2005, law notification 52 DCR 4128).
Section 2 and 3 of D.C. Law 18-281 added sections to read as follows:
"Sec. 904. Automated Traffic Enforcement Fund.
"(a) Effective April 9, 1997, there is established the Automated Traffic Enforcement Fund ('Fund') as a lapsing fund, to be administered by the Mayor as an agency fund as defined in D.C. Official Code § 47-373(2)(I), into which shall be deposited funds to be used exclusively for the administration of the automated traffic enforcement system.
"(b) Authorized expenditures from the Fund include:
"(1) Vendor payments pursuant to an agreement reached under section 903 of this title;
"(2) Salaries, benefits, and overtime incurred by members of the Metropolitan Police Department in the administration of the system;
"(3) Adjudication costs resulting from use of the system;
"(4) Supplies and equipment purchases related to use of the system;
"(5) Utilities;
"(6) Fleet acquisition and operation;
"(7) Facility improvements, rent, and occupancy; and
"(8) Any other expense determined by the Mayor or his designee to be required for the administration of the system.
"(c) The Fund shall be financed through fines and fees received from enforcement and regulation of the activities described in section 902 of this title and through other funds as may be appropriated to the Fund. Revenue deposited into the Fund and all interest earned thereon shall revert to the General Fund of the District of Columbia on September 30 of each fiscal year, but shall, during the fiscal year, be continually available for the uses and purposes set forth in this section, subject to authorization by Congress in an appropriations act.
"(d) The Fund shall be accounted for under procedures established pursuant to D.C. Official Code §§ 47-371 through 47-377.
"Sec. 3. As of the effective date of the Automated Traffic Enforcement Fund Emergency Amendment Act of 2010, effective September 29, 2010 (D.C. Act 18- 536; 57 DCR ___), an amount up to but not exceeding $9 million shall be reprogrammed from the Metropolitan Police Department (FA0) Special Purpose Revenue operating budget to the pay-go Capital Budget within Agency PA0 for purposes of supporting future automated traffic initiatives. Notice of the reprogramming authorized by this section shall be transmitted to the Council prior to its taking effect."
Section 5(b) of D.C. Law 18-281 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 904 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 904 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 904 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
For temporary (90 day) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-604, January 7, 2003, 50 DCR 689).
For temporary (90 day) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2002 (D.C. Act 14-422, July 17, 2002, 49 DCR 7619).
For temporary (90 day) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-493, October 23, 2002, 49 DCR 9779).
For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2003 (D.C. Act 15-189, October 24, 2003, 50 DCR 9497).
For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-327, January 28, 2004, 51 DCR 1595).
For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2004 (D.C. Act 15-590, November 1, 2004, 51 DCR 10727).
For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2010 (D.C. Act 18-536, September 29, 2010, 57 DCR 9292).
For temporary (90 day) addition of section, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-671, December 28, 2010, 58 DCR 123).
Legislative History of Laws
For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-2209.01.
For legislative history of D.C. Law 11-226, see Historical and Statutory Notes following § 50-2209.01.
