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District of Columbia Official Code 2001 Edition. |
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Division VIII. General Laws. |
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Title 50. Motor and Non-Motor Vehicles and Traffic. |
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Subtitle VII. Traffic. |
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Chapter 23. Traffic Adjudication. |
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Subchapter I. Purposes; Definitions; Establishment; Hearing Examiners; Sanctions; Time Computations; Regulations.
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Subchapter I. Purposes; Definitions; Establishment; Hearing Examiners; Sanctions; Time Computations; Regulations.
It is the intent of the Council of the District of Columbia (hereinafter referred to as the "Council") in the adoption of this chapter to decriminalize and to provide for the administrative adjudication of certain violations of Title 32 of the District of Columbia Rules and Regulations (Motor Vehicle Regulations for the District of Columbia), and certain offenses codified in Title 50 of the District of Columbia Official Code, in the Highways and Traffic Regulations of the District of Columbia, and in Chapter III of Title 14 of the District of Columbia Rules and Regulations (relating to the operation of taxicabs), and to provide for the civilian enforcement of parking infractions, and thereby to establish a uniform and more expeditious system and continue to assure an equitable system for the disposition of traffic offenses.
(Sept. 12, 1978, D.C. Law 2-104, § 101, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-601.
1973 Ed., § 40-1101.
Legislative History of Laws
Law 2-104 was introduced in Council and assigned Bill No. 2-195, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 13, 1978 and June 27, 1978, respectively. Signed by the Mayor on July 1, 1978, it was assigned Act No. 2-215 and transmitted to both Houses of Congress for its review.
Editor's Notes
Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Title 32 of the District of Columbia Rules and Regulations (Motor Vehicle Regulations for the District of Columbia).
Title 18A of the DCMR (Taxicabs and Vehicles for Hire) (October, 1987) has replaced Title 14 of the District of Columbia Rules and Regulations (relating to operation of taxicabs).
For the purpose of this chapter:
(1) The term "Department" means the Department of Motor Vehicles, established pursuant to § 50-901.
(2) The term "Director" means the Director of the Department of Motor Vehicles or his or her designee.
(3) The term "District" means the District of Columbia.
(4) The term "infraction" means any conduct subject to administrative adjudication under the provisions of this chapter and with respect to which the Corporation Counsel does not commence a proceeding in the Superior Court of the District of Columbia.
(5) The term "lessor" means any owner of a vehicle engaged in the business of renting or leasing vehicles to be used or operated in the District.
(5a) The term "motor vehicle" means all vehicles propelled by an internal-combustion engine, electricity, or steam. The term "motor vehicle" shall not include traction engines, road rollers, vehicles propelled only upon stationary rails or tracks, personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when a person with a disability.
(6) The term "operator" means:
(A) Any person, corporation, firm, agency, association, organization, federal, state or local governmental agency in the business of renting or leasing vehicles to be used or operated in the District;
(B) An owner who operates his own vehicle; or
(C) A person who operates a vehicle owned by another.
(7) The term "owner" means:
(A) Any person, corporation, firm, agency, association, organization, federal, state or local governmental agency or other authority or other entity having the property of or title to a vehicle used or operated in the District; or
(B) Any registrant of a vehicle used or operated in the District; or
(C) Any person, corporation, firm, agency, association, organization, federal, state or local government agency or authority or other entity in the business of renting or leasing vehicles to be used or operated in the District.
(8) The term "related vehicle conveyance fee" means a vehicle conveyance fee that is related to a civil fine because the imposition of each arises from the same parking infraction.
(9) The term "vehicle conveyance fee" means the charge for moving (by towing or otherwise) an unattended vehicle parked in violation of any traffic regulation (except overtime parking of less than 24 hours) to a legal parking place, other than at an impoundment facility.
(Sept. 12, 1978, D.C. Law 2-104, § 102, 25 DCR 1275; Mar. 15, 1985, D.C. Law 5-176, § 4, 32 DCR 748; Apr. 27, 2001, D.C. Law 13-289, § 302(a), 48 DCR 2057; Mar. 25, 2003, D.C. Law 14-235, § 11, 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, § 90(a), 51 DCR 881; Mar. 6, 2007, D.C. Law 16-224, § 209, 53 DCR 10225; Mar. 20, 2009, D.C. Law 17-303, § 4(a), 55 DCR 12803.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-602.
1973 Ed., § 40-1102.
Effect of Amendments
D.C. Law 13-289 rewrote pars. (1) and (2) which had read:
"(1) The term 'Department' means the District of Columbia Department of Transportation.
"(2) The term 'Director' means the Director of the District of Columbia Department of Transportation."
D.C. Law 14-235 rewrote par. (5a) which had read as follows:
"(5a) The term 'motor vehicle' means all vehicles propelled by an internal-combustion engine, electricity, or steam. The term 'motor vehicle' shall not include traction engines, road rollers, vehicles propelled only upon stationary rails or tracks, and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour."
D.C. Law 15-105, in par. (5a), validated a previously made technical correction.
D.C. Law 16-224, in par. (5a), revived the provisions of D.C. Law 14-235 that expired on October 1, 2005, and substituted "personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when operated by a person with a disability" for "electric personal assistive mobility devices, as defined by § 50-2201.02(12), and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour".
D.C. Law 16-305, in par. (5a), purported to substitute "person with a disability" for "handicapped person".
D.C. Law 17-303 added pars. (8) and (9).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Temporary Amendment Act of 2006 (D.C. Law 16-85, April 4, 2006, law notification 53 DCR 3344).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Emergency Amendment Act of 2005 (D.C. Act 16-237, December 22, 2005, 53 DCR 249).
For temporary (90 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-323, March 23, 2006, 53 DCR 2567).
For temporary (90 day) amendment of section, see § 209 of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
For legislative history of D.C. Law 5-176, see Historical and Statutory Notes following § 50-1108.
For D.C. Law 13-289, see notes following § 50-401.
For Law 14-235, see notes following § 50-601.
For Law 15-105, see notes following § 50-203.
For Law 16-224, see notes following § 50-601.
For Law 16-305, see notes following § 50-101.
For Law 17-303, see notes following § 50-2201.02.
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
Miscellaneous Notes
Expiration of Law 14-235: Section 14 of D.C. Law 14-235 provided that the act shall expire on October 1, 2005.
(Sept. 12, 1978, D.C. Law 2-104, § 103, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(b), 48 DCR 2057.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-603.
1973 Ed., § 40-1103.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
For D.C. Law 13-289, see notes following § 50-401.
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
(a) The Director shall appoint and prescribe the duties of a Chief Hearing Examiner and other hearing examiners as are necessary to implement the provisions of this chapter. The Chief Hearing Examiner and each hearing examiner appointed pursuant to this section shall serve as career service employees in accordance with § 1-608.01.
(b) The hearing examiners, in addition to the powers granted them by Chapter IX of Title 32 of the District of Columbia Rules and Regulations, shall have the following powers:
(1) To determine in prescribed cases whether a member of the Metropolitan Police Department or the Department of Transportation shall be called as a witness in an adjudication pursuant to subchapters II and III of this chapter;
(2) To impose sanctions for infractions under subchapter II of this chapter including:
(A) Monetary fines and penalties;
(B) The required attendance at traffic school; and
(C) The suspension of operators' permits pending the payment of monetary fines and penalties or the successful completion of traffic school;
(3) To impose monetary fines and penalties for infractions under subchapter III of this chapter;
(4)(A) To permit the payment of monetary fines and penalties in excess of $50 in monthly installments over a period not greater than 6 months. In the case of a moving infraction, the hearing examiner may suspend the respondent's operators' permit if the fines and penalties have not been paid upon termination of the installment period or if the respondent defaults on 2 consecutive installments.
(B) Such suspension shall take effect upon service of a notice of suspension upon the respondent, by personal service, by leaving such notice at his recorded address with a person of suitable age and discretion residing therein or by certified mail sent to his recorded address and shall remain in effect until the fines and penalties are paid; provided, that refusal to accept personal service or delivery of certified mail shall be the equivalent of personal service or receipt of certified mail, if immediately upon advice of such refusal, the Director causes a copy of the notice to be sent to the respondent by regular mail with a statement that, despite such refusal, the suspension will go into effect 5 days from the date the notice was sent by regular mail;
(5) To suspend the imposition of traffic violation points (other than those based upon offenses listed in § 50-2302.02) conditioned upon:
(A) Good driving behavior; and
(B) The successful completion of traffic school or other rehabilitative measures.
(6) Repealed.
(Sept. 12, 1978, D.C. Law 2-104, § 104, 25 DCR 1275; Mar. 14, 1984, D.C. Law 5-66, § 2, 31 DCR 214; May 22, 1984, D.C. Law 5-83, § 2, 31 DCR 1683; Sept. 10, 1992, D.C. Law 9-148, § 2, 39 DCR 4915; Mar. 17, 1993, D.C. Law 9-206, § 2, 40 DCR 12; Apr. 9, 1997, D.C. Law 11-198, § 504(a), 43 DCR 4569; Mar. 14, 2007, D.C. Law 16-279, § 301(a), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-604.
1973 Ed., § 40-1104.
Effect of Amendments
D.C. Law 16-279, in subsec. (b), repealed par. (6), which formerly read:
"(6) To adjudicate notices of civil infractions issued to taxicab operators or owners pursuant to 31 DCMR 825 including the power to:
"(A) Preside over a hearing in a contested matter;
"(B) Compel the attendance of a witness by subpoena, administer an oath, take testimony of a witness under oath, and dismiss, rehear, or continue a case; and
"(C) Issue a proposed decision including the imposition of a fine for a civil infraction set forth in 31 DCMR 825."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 504(a) 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 § 504(a) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(a) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 504(a) 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 2-104, see Historical and Statutory Notes following § 50-2301.01.
Law 5-66 was introduced in Council and assigned Bill No. 5-350. The Bill was adopted on first and second readings on December 20, 1983. Signed by the Mayor on January 11, 1984, it was assigned Act No. 5-99 and transmitted to both Houses of Congress for its review.
Law 5-83 was introduced in Council and assigned Bill No. 5-220, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 28, 1984, and March 13, 1984, respectively. Signed by the Mayor on March 29, 1984, it was assigned Act No. 5-119 and transmitted to both Houses of Congress for its review.
Law 9-148, the "Bureau of Traffic Adjudication Hearing Examiner Temporary Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-521. The Bill was adopted on first and second readings on May 6, 1992, and June 2, 1992, respectively. Signed by the Mayor on June 19, 1992, it was assigned Act No. 9-228 and transmitted to both Houses of Congress for its review. D.C. Law 9-148 became effective on September 10, 1992.
Law 9-206, the "Bureau of Traffic Adjudication Hearing Examiner Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-539, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 4, 1992, and December 1, 1992, respectively. Signed by the Mayor on December 18, 1992, it was assigned Act No. 9-335 and transmitted to both Houses of Congress for its review. D.C. Law 9-206 became effective on March 17, 1993.
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 effective April 9, 1997.
For Law 16-279, see notes following § 50-312.
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
(a) The maximum monetary sanctions that may be imposed under this chapter shall be as follows:
(1) The civil fine for an infraction shall be an amount equal to the collateral or bond established for the offense, equivalent to the infraction, by the Board of Judges of the Superior Court of the District of Columbia on the day before September 12, 1978. The Mayor may modify this schedule of fines by an order which shall be presented to the Council. The order shall be effective 45 days after the Mayor presents it to the Council unless the Council adopts a resolution either disapproving or approving the Mayor's order, and does so during the review period of 45 days, which shall not include Saturdays, Sundays, legal holidays, and days of recess for the Council.
(2) In addition to the civil fine, the following penalties may be imposed:
(A) In the case of a person receiving a notice of infraction who fails to answer such notice within the time specified by § 50-2302.05(d)(1) and § 50-2303.05(d)(1), a penalty equal to the amount of the civil fine;
(B) In the case of a person receiving a notice of infraction who fails to answer such notice by the close of business on the date set for the hearing or who answers but fails without good cause to appear at such hearing, with respect to infractions under subchapter II of this chapter, a penalty equal to twice the amount of the civil fine and, with respect to infractions under subchapter III of this chapter, a penalty equal to the amount of the civil fine plus $5.
(b) A respondent may pay such fines and penalties by use of credit cards approved by the Director.
(c) The Director may permit, in his or her sole discretion, persons owing substantial fines, fees or charges to the Department to pay the amounts owed in installments at intervals as the Director may decide.
(Sept. 12, 1978, D.C. Law 2-104, § 105, 25 DCR 1275; Aug. 1, 1985, D.C. Law 6-15, § 9, 32 DCR 3570; Apr. 27, 2001, D.C. Law 13-289, § 302(c), 48 DCR 2057; Sept. 20, 2012, D.C. Law 19-168, § 1054(b), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-605.
1973 Ed., § 40-1105.
Effect of Amendments
D.C. Law 13-289, in subsec. (a), par. (2)(A), substituted "§ 50-2302.05(d)(1) and § 50-2303.05(d)(1)" for "§ 50-2302.03(d) and § 50-2303.05(d)'; and added subsec. (c).
D.C. Law 19-168, in subsec. (b), deleted the last sentence which read: "The Director may pay a reasonable percentage of monies collected to private agencies for the collection of fines, penalties and fees."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1054(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 1054(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
Law 6-15 was introduced in Council and assigned Bill No. 6-141, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 1985 and May 28, 1985, respectively. Signed by the Mayor on June 7, 1985, it was assigned Act No. 6-30 and transmitted to both Houses of Congress for its review.
For D.C. Law 13-289, see notes following § 50-401.
For history of Law 19-168, see notes under § 50-320.
Resolutions
Resolution 16-352, the "International Registration Plan Enforcement Rulemaking Disapproval Resolution of 2005", was approved effective November 1, 2005.
Resolution 16-548, the "Commercial Driver's License and International Registration Plan Enforcement Approval Resolution of 2006", was approved effective March 7, 2006.
Miscellaneous Notes
Snow Emergency Fine Increase Resolution of 1998: Pursuant to Resolution PR 12- 998, deemed approved on November 28, 1998, the Council approved a proposed rule, transmitted to the Council by the Mayor, which amended Title 18 of the District of Columbia Municipal Regulations, sections 2600.1 and 2601.1, to increase fines for violations of snow emergency rules.
In computing any period of time prescribed or allowed by this chapter, the day of the act, event or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
(Sept. 12, 1978, D.C. Law 2-104, § 106, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-606.
1973 Ed., § 40-1106.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
The Director is authorized to promulgate regulations necessary to carry out the purposes of this chapter.
(Sept. 12, 1978, D.C. Law 2-104, § 107, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-607.
1973 Ed., § 40-1107.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
By June 30th of each year, the Mayor shall submit to the Council a report on parking and traffic enforcement for the previous calendar year. The report shall include, but not be limited to, the following:
(1) The number of persons hired as hearing examiners:
(A) The level of compensation for each hearing examiner;
(B) The length of time each hearing examiner has served in that capacity; and
(C) The qualifications for hearing examiners;
(2) The number of notices of infraction issued:
(A) The number of notices of infraction issued for moving infractions;
(B) The number of notices of infraction issued for parking, standing, stopping and pedestrian infractions; and
(C) The number of notices of infraction issued by each agency authorized to issue notices of infraction;
(3) The number of answers filed for moving infractions:
(A) The number of "admit" answers filed for moving infractions:
(i) The number of hearings held for respondents who admit the commission of moving infractions; and
(ii) The number of suspensions and revocations of respondents who admit the commission of moving infractions;
(B) The number of "admit with explanation" answers filed for moving infractions; the number of suspensions and revocations of respondents who admit with explanation the commission of a moving infraction;
(C) The number of "deny" answers filed for moving infractions:
(i) The number of determinations of liability of respondents who deny the commission of moving infractions;
(ii) The number of dismissals of respondents who deny the commission of moving infractions; and
(iii) The number of suspensions and revocations of respondents who deny the commission of moving infractions;
(D) The number of suspensions for failure to answer notices of infraction; and
(E) The number of suspensions for failure to appear at a hearing;
(4) The number of answers filed for parking, standing, stopping and pedestrian infractions:
(A) The number of "admit" answers filed for parking, standing, stopping and pedestrian infractions;
(B) The number of "admit with explanation" answers filed for parking, standing, stopping and pedestrian infractions; and
(C) The number of "deny" answers filed for parking, standing, stopping and pedestrian infractions:
(i) The number of determinations of liability of respondents who deny the commission of parking, standing, stopping and pedestrian infractions; and
(ii) The number of dismissals of respondents who deny the commission of parking, standing, stopping and pedestrian infractions;
(5) The number of notices of infraction for which sanctions are imposed:
(A) The number of notices of infraction for which a civil fine is imposed;
(B) The number of notices of infraction for which a penalty is imposed; and
(C) The number of notices of infraction for which attendance at traffic school is required;
(6) The number of notices of infraction issued to lessors covered under § 50-2303.04:
(A) The penalties and fines imposed for infractions under § 50-2303.04;
(B) The penalties and fines actually paid under § 50-2303.04;
(C) The number of outstanding infractions under § 50-2303.04; and
(D) The amount of fines and penalties outstanding under § 50-2303.04;
(7) The number of appeals filed with the appeals boards:
(A) The number of decisions set aside by appeals boards;
(B) The number of decisions affirmed by appeals boards;
(C) The list of attorneys available for service on appeals boards;
(D) The list of citizens available for service on appeals boards; and
(E) A list of each appeals board appointed by the Director;
(8) The number of appeals filed with the Superior Court of the District of Columbia:
(A) The number of decisions set aside by the Superior Court of the District of Columbia; and
(B) The number of decisions affirmed by the Superior Court of the District of Columbia;
(9) The number of appeals filed with the District of Columbia Court of Appeals:
(A) The number of decisions set aside by the District of Columbia Court of Appeals; and
(B) The number of decisions affirmed by the District of Columbia Court of Appeals;
(10) The number of vehicles towed and booted:
(A) The number of vehicles towed;
(B) The number of vehicles booted;
(C) The average cost of each tow; and
(D) The average cost of each booting; and
(11) The total revenues generated by this chapter:
(A) The total collected in fines and penalties;
(B) The total collected in towing fees; and
(C) The total collected in booting fees.
(Sept. 12, 1978, D.C. Law 2-104, § 108, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-608.
1973 Ed., § 40-1108.
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
