Notwithstanding any other provision of law, all violations of statutes, regulations, executive orders or rules relating to parking, standing, stopping or pedestrian offenses within the District shall be processed and adjudicated pursuant to the provisions of this subchapter, except as provided in §§ 50- 2302.02(19) and 50-2303.02. All violations of regulations issued by the Capitol Police Board, pursuant to § 10-503.25(a), that if committed outside the United States Capitol grounds would be covered by this section shall be processed and adjudicated pursuant to the provisions of this subchapter.
(Sept. 12, 1978, D.C. Law 2-104, § 301, 25 DCR 1275; May 15, 1993, D.C. Law 9-272, § 203(b), 40 DCR 796; May 24, 1996, D.C. Law 11-130, § 4, 43 DCR 1570.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-621.
1973 Ed., § 40-1115.
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 9-272, see Historical and Statutory Notes following § 50-2302.03.
Law 11-130, the "Safe Streets Anti-Prostitution Amendment Act of 1996," was introduced in Council and Assigned Bill No. 11-439, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 6, 1996, and March 5, 1996, respectively. Signed by the mayor on March 15, 1996, it was assigned Act No. 11-237 and transmitted to both Houses of Congress for its review. D.C. Law 11-130 became effective on May 24, 1996.
(a) Except as provided in subsection (b) of this section, the provisions of this subchapter shall not apply to a person alleged to have committed a parking, standing, or stopping infraction who, during the 18 months immediately preceding the date of the infraction, has been assessed in excess of $750 in fines, including any penalties imposed by law for failure to timely pay such fines. Such person shall be subject to criminal prosecution by the Corporation Counsel for such offense in the Superior Court of the District of Columbia and, upon conviction, shall be punished by a fine not to exceed $300 or imprisonment of up to 10 days, or both, for each infraction.
(b) The Director shall promptly inform the Corporation Counsel of an infraction by any person who has accumulated in excess of $750 in fines pursuant to subsection (a) of this section. If the Corporation Counsel asserts jurisdiction over such person, he may be prosecuted without respect to the provisions of this chapter; provided, that if the Corporation Counsel affirmatively declines to take jurisdiction or does not assert jurisdiction over such offender within 15 calendar days of his receipt of notification by the Director of a violation by such person, such violation shall be adjudicated as a civil infraction pursuant to this subchapter.
(c) A person over whom the Corporation Counsel asserts jurisdiction pursuant to this section shall be notified that his infraction shall be treated as a criminal matter. Such notification shall be sent by the Corporation Counsel by certified mail directed to the recorded address of such person. No actions or statements of the respondent made in compliance or attempted compliance with this chapter before the receipt of such notice, including but not limited to admissions or admissions with explanation, shall be admissible in any such criminal proceeding.
(Sept. 12, 1978, D.C. Law 2-104, § 302, 25 DCR 1275.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-622.
1973 Ed., § 40-1116.
Emergency Act Amendments
For temporary (90 day) addition, see § 2(a) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 458, July 28, 2008, 55 DCR 8723).
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
(a) For the purposes of this subchapter, the term "automated parking 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 parking infraction. Recorded images taken by an automated parking enforcement system are prima facie evidence of an infraction and may be submitted without authentication.
(b) The Mayor is authorized to use an automated parking enforcement system to detect parking infractions. Violations detected by an automated parking enforcement system shall constitute parking violations. Proof of an infraction may be evidenced by information obtained through the use of an automated parking enforcement system.
(c) Notwithstanding other provisions of law or regulation, citations resulting from an automated parking enforcement system shall be limited to warning citations during the first 45 days that automated parking enforcement is used on any given street sweeper route. The automated parking enforcement system program shall not be implemented until a warning citation is developed and a warning citation process is put in place.
(Sept. 12, 1878, D.C. Law 2-104, § 302, as added Aug. 15, 2008, D.C. Law 17-217, § 2(a), 55 DCR 7513.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition, see § 2(a) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).
Legislative History of Laws
Law 17-217, the "Street Sweeping Improvement Enforcement Amendment Act of 2008", was introduced in Council and assigned Bill No.17-396 which was referred to Public Worked and Environment. The Bill was adopted on first and second readings on April 1, 2008, and June 3, 2008, respectively. Signed by the Mayor on June 24, 2008, it was assigned Act No. 17-417 and transmitted to both Houses of Congress for its review. D.C. Law 17-217 became effective on August 15, 2008.
(a) The notice of infraction shall be the summons and complaint for the purposes of this subchapter. The Director shall prescribe the form of the notice of infraction and shall establish procedures for the proper administrative controls over the dispersal thereof. The notice of infraction may be the same as the uniform traffic violation notice.
(b) The notice of infraction shall contain information advising the person to whom it is issued of the manner in which and the time within which he may answer to the infraction alleged in the notice. Such notice shall also contain a warning to advise the person cited that failure to answer in the manner and time provided shall result in additional monetary penalties and that failure to appear at the hearing shall be deemed an admission of liability and that a default judgment may be entered thereon. A duplicate of each notice of infraction shall be served on the person to whom it is issued as provided in subsection (c) of this section. The original or a facsimile thereof shall be filed with the Department and retained by the Department and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
(c) Except as provided in subsection (c-1) of this section, a notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing the notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of the vehicle together with the make or model of the vehicle.
(c-1) When a violation is detected by an automated parking enforcement system, the Mayor shall mail 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:
(1) The date, time, and location of the violation;
(2) The type of violation detected;
(3) The license plate number and state of license plate issuance of the vehicle detected; and
(4) A copy of the photo or digitized image of the violation.
(c-2) Service of the notice of infraction, or a duplicate, by affixation or by mail shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.
(d) For purposes of this section, an operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notices of infraction, whether personally served on such operator or served by affixation, and service made in either manner shall also be deemed to be lawful service upon such owner.
(e) If a hearing examiner determines that a notice of infraction is defective on its face, for reasons other than compliance with subsection (b) of this section, he shall enter an order dismissing the notice of infraction and promptly notify the person to whom it was issued.
(Sept. 12, 1978, D.C. Law 2-104, § 303, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(g), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(e), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(b), 55 DCR 7513.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-623.
1973 Ed., § 40-1117.
Effect of Amendments
D.C. Law 13-289, in subsec. (e), substituted "on its face, for reasons other than compliance with subsection (b)" for "on its face".
D.C. Law 16-279 rewrote subsec. (c), which formerly read:
"(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service and his name, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the make or model of such vehicle, shall be inserted therein. If the operator is not present, the notice of infraction shall be served upon the owner of the vehicle by affixing such notice to such vehicle in a conspicuous place, by inserting the word "owner" in the space provided for identification of such person and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of such vehicle. Service of the notice of infraction or a duplicate thereof by affixation, as herein provided, shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle."
D.C. Law 17-217 rewrote subsec. (c) and added subsecs. (c-1) and (c-2). Prior to amendment, subsec. (c) read as follows:
"(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing such notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of the vehicle. Service of the notice of infraction or a duplicate thereof by affixation shall have the same force and effect, and the infraction shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Street Sweeping Improvement Enforcement Amendment Emergency Act of 2008 (D.C. Act 17-369, May 20, 2008, 55 DCR 6087).
For temporary (90 day) amendment, see § 2(b) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 458, July 28, 2008, 55 DCR 8723).
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.
For Law 16-279, see notes following § 50-312.
For Law 17-217, see notes following § 50-2303.02a.
(a)(1) The operator of a vehicle shall be primarily liable for the civil penalties imposed pursuant to this subchapter. The owner or lessee of the vehicle, even if not the operator thereof, shall also be liable, unless the owner or lessee can show that the vehicle was used without the owner's or lessee's express or implied permission.
(2) An owner or lessee who pays a civil fine or penalties pursuant to this subchapter shall have the right to seek recovery of the amount of the fines and penalties from the operator and shall have a cause of action against the operator of the vehicle for those amounts.
(b) Where a lessor of a vehicle has paid a fine or penalty for which the lessor is liable and the Department thereafter collects from the person to whom the vehicle was rented or leased the amount of the scheduled fine and penalties, or any portion thereof, the lessor shall be entitled to reimbursement from the Department of the amount of the fines and penalties paid by the lessee, less the Department's cost of collection.
(c) Where a lessor of a vehicle is liable for an infraction, the lessor's answers to the notice of the infraction mailed to the lessor shall be consistent with § 50-2302.05. The lessor's failure to answer the notice of infraction within 30 days after mailing shall result in the imposition of monetary penalties established by § 50-2302.05, in addition to the potential civil fine for the infraction. If the lessor fails to answer the notice of infraction within 60 days, the lessor shall be deemed liable for the violation and the civil fine shall also be imposed.
(Sept. 12, 1978, D.C. Law 2-104, § 304, 25 DCR 1275; Apr. 8, 2005, D.C. Law 15-307, § 207(b), 52 DCR 1700.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-624.
1973 Ed., § 40-1118.
Effect of Amendments
D.C. Law 15-307 rewrote the section which had read:
"(a) The operator of a vehicle shall be primarily liable for the civil penalties imposed pursuant to this subchapter. Subject to the provisions of subsections (b) and (c) of this section, the owner of the vehicle, even if not the operator thereof, shall also be liable therefor, unless he can show that such vehicle was used without his permission, express or implied. An owner who pays any civil fine or penalties pursuant to this subchapter shall have the right to recover same from the operator and shall have a cause of action against the operator of the vehicle for such amount paid.
"(b) The lessor of a vehicle shall not be liable for fines or penalties imposed for an infraction pursuant to this subchapter if:
"(1) Prior to the infraction, the lessor has filed with the Bureau the license plate number and state of registration of the vehicle to which the notice of infraction was issued; and
"(2) Within 30 days after receiving notice from the Bureau of the date and time of an infraction, as well as other information contained in the original notice of infraction, the lessor submits to the Bureau the correct name and address of the person to whom the vehicle identified in the notice of infraction was rented or leased at the time of the infraction and the lessor notifies such person by mail of the notice of infraction.
"(c) Where the lessor has paid any fine or penalty for which he is liable and the Bureau thereafter collects from the person to whom the vehicle was rented or leased the amount of the scheduled fine and penalties owed by such person, or any portion thereof, the lessor shall be entitled to reimbursement from the Bureau of the amount of the fines and penalties paid by the lessor, less the Bureau's cost of collection.
"(d) Where the lessor is liable for an infraction, he shall not be liable for penalties in excess of the standard civil fine unless the lessor fails to answer within 15 calendar days of his actual receipt of the notice of infraction."
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
For Law 15-307, see notes following § 50-1331.01.
(a) For the purposes of this section, the term:
(1) "Fleet" means 10 or more company owned or long-term leased motor vehicles, or a vehicle that was part of the fleet adjudication program, which the motor vehicle owner elects to be part of the fleet reconciliation program.
(2) "Motor vehicle fleet owner" means any corporation, firm, agency, association, organization, or other entity holding legal title to 10 or more company owned or leased motor vehicles and an owner who was part of the fleet adjudication program and elects to be part of the fleet reconciliation program.
(b) The Mayor is authorized to implement a fleet reconciliation program. The Mayor may compile notices of infraction for parking violations and for violations detected by an automated traffic enforcement system or an automated parking enforcement system, issued during a 30-day period, reconcile traffic records, and generate a consolidated monthly fleet infraction report for motor vehicle fleet owners who have registered those motor vehicles comprising a fleet. The monthly fleet infraction report shall serve as the summons and complaint.
(c) The Mayor may, by rulemaking, impose a registration fee on all motor vehicle fleet owners authorized to participate in this program. The registration fee shall recover the administrative costs associated with the administration and enforcement of this chapter with respect to fleets.
(d) To participate in the fleet reconciliation program, a motor vehicle fleet owner shall:
(1) Register its fleet with the Department of Motor Vehicles;
(2) Pay a registration fee to cover the District government's administrative costs for the fleet reconciliation program; and
(3) Satisfy all outstanding parking, moving, and automatic enforcement infractions prior to registration in the program.
(e) A fleet owner participating in the fleet reconciliation program shall pay the amount owed stated in the monthly fleet infraction report, which sets forth the date and time of the infraction and other information contained in the original notice of infraction, within 30 days of its receipt. If the amount set forth in the fleet infraction report is not paid within 30 days, the Director shall notify the owner in writing that failure to pay within 30 days of the date of the notice of failure to pay shall be grounds for removal from the program. A fleet owner shall be given notice in writing if it is being removed from the program. The effective date of the removal shall be the date that notice of removal is sent to the fleet owner. A fleet owner shall not be entitled to adjudicate any violations listed in the monthly fleet infraction report. Penalties set forth in § 50-2301.05(a)(2) are not applicable to the fleet reconciliation program. If a fleet owner is removed from the program by the Director, then the penalties set forth in § 50-2301.05(a)(2) shall immediately apply and the owner shall be responsible for any penalties that would have incurred if the vehicle had not been part of the program. A fleet vehicle shall not be subject to towing or immobilization, for failure to pay notices of infraction while part of the fleet reconciliation program. If a fleet vehicle is removed from the program, either voluntarily or as a result of removal by the Director, the vehicle shall become immediately subject to towing or immobilization if the vehicle would have been subject to towing or immobilization had it not been part of the program.
(e-1) Notwithstanding the provisions of the Driver Education Program and Fleet Program Amendment Act of 2009 [subtitle A of title VI of D.C. Law 18-111, §§ 6001 to 6003], a member of the fleet reconciliation program shall be able to adjudicate a ticket on the basis of a citation having an invalid license plate or tag number, or for a duplicate citation for the same infraction.
(f) The fleet owner shall be primarily liable for the civil penalties imposed pursuant to this section.
(Sept. 12, 1978, D.C. Law 2-104, § 304a, as added March 24, 1998, D.C. Law 12-76, § 2(a), 45 DCR 481; Apr. 27, 2001, D.C. Law 13-289, § 302(h), 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 207(c), 52 DCR 1700; Mar. 14, 2007, D.C. Law 16-279, § 301(f), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(c), 55 DCR 7513; Mar. 3, 2010, D.C. Law 18-111, § 6003, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 142, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-624.1.
Effect of Amendments
D.C. Law 13-289, in subsec. (d), par. (9), substituted "Department of Motor Vehicles" for "Department of Public Works"; and rewrote subsec. (e), which had read:
"(e) A fleet owner who participates in the fleet adjudication program shall answer, within 15 days of receipt, the monthly fleet infraction report which sets forth the date and time of the infraction, as well as other information contained in the original notice of infraction. Answers shall be consistent with § 50-2303.05(a)."
D.C. Law 15-307, in subsec. (a), deleted "engaged in commercial activity" following "motor vehicles" in par. (1), and deleted "engaged in the regular course of business in the District of Columbia" following "motor vehicles" in par. (2); in subsec. (b), substituted "notices of infraction for parking violations and for violations detected by an automated traffic enforcement system," for "notices of infraction"; and rewrote pars. (1) and (3) of subsec. (d) and subsec. (e) which had read:
"(1) Register its fleet engaged in the regular course of business in the District of Columbia with the Department of Motor Vehicles;"
"(3) Satisfy all outstanding parking infractions prior to registration in the program."
"(e) A fleet owner participant in the fleet adjudication program shall answer, within 30 days of receipt, the monthly fleet infraction report, which sets forth the date and time of the infraction and other information contained in the original notice of infraction. Answers shall be consistent with § 50- 2303.05. The owner's failure to answer within 30 days shall result in the imposition of monetary penalties established by § 50-2301.05, in addition to the potential civil fine for the infraction. If the owner fails to answer within 60 days, the owner shall be deemed liable for the violations. The Director may suspend program participation for multiple violations of this subsection."
D.C. Law 16-279, in subsec. (e), substituted "§ 50-2303.05 and § 50-2209.02" for "§ 2302.05 and with § 50-2209.02(b)".
D.C. Law 17-217, in subsec. (b), inserted "or an automated parking enforcement system" following "automated traffic enforcement system".
D.C. Law 18-111 rewrote subsecs. (a), (d), (e), and (f); and, in the section name line and subsec. (b), substituted "reconciliation" for "adjudication". Prior to amendment, subsecs. (a), (d), (e) and (f) read as follows:
"(a) For the purposes of this section, the term:
"(1) 'Fleet' means 5 or more company owned or long-term leased motor vehicles. The term fleet shall not include motor vehicles which are vehicles for hire pursuant to § 47-2829.
"(2) 'Motor vehicle fleet owner' means any corporation, firm, agency, association, organization, or other entity holding legal title to 5 or more company owned or leased motor vehicles."
"(d) To participate in the fleet adjudication program, a motor vehicle fleet owner shall:
"(1) Register its fleet with the Department of Motor Vehicles;
"(2) Pay a registration fee to cover the District government's administrative costs for the fleet adjudication program; and
"(3) Satisfy all outstanding parking infractions and all outstanding moving infractions under § 50-2209.02 prior to registration in the program.
"(e) A fleet owner participating in the fleet adjudication program shall answer the monthly fleet infraction report within 30 days of its receipt, which sets forth the date and time of the infraction and other information contained in the original notice of infraction. Answers shall be consistent with § 50- 2303.05 and § 50-2209.02, whichever is applicable. The Director may suspend program participation for more than one violation of this subsection.
"(f) The fleet owner shall be primarily liable for the civil penalties imposed pursuant to this section."
D.C. Law 19-171 made a technical amendment to D.C. Law 18-111 to insert an enacting clause for § 6003(f) that resulted in the addition of subsec. (e-1) and revival of subsec. (f) as it existed prior to D.C. Law 18-111.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).
Temporary Addition of Section
For temporary (225 day) addition, see § 2(a) of Fleet Traffic Adjudication Temporary Amendment Act of 1997 (D.C. Law 12-49, February 27, 1998, law notification 45 DCR 1510).
Emergency Act Amendments
For temporary addition of section, see § 2(a) of the Traffic Adjudication Fleet Adjudication Emergency Amendment Act of 1997 (D.C. Act 12-122, August 1, 1997, 44 DCR 4649), and § 2(a) of the Fleet Traffic Adjudication Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-173, October 30, 1997, 44 DCR 6911).
For temporary (90 day) amendment of section, see § 2(b) of Street Sweeping Improvement Enforcement Amendment Emergency Act of 2008 (D.C. Act 17-369, May 20, 2008, 55 DCR 6087).
For temporary (90 day) amendment, see § 2(c) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 458, July 28, 2008, 55 DCR 8723).
For temporary (90 day) amendment of section, see § 6003 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 6003 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 12-76, the "Fleet Traffic Adjudication Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-297, which was referred to the Committee on Public Works and the Environment. 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. 12-231 and transmitted to both Houses of Congress for its review. D.C. Law 12-76 became effective on March 24, 1998.
For D.C. Law 13-289, see notes following § 50-401.
For Law 15-307, see notes following § 50-1331.01.
For Law 16-279, see notes following § 50-312.
For Law 17-217, see notes following § 50-2303.02a.
For Law 18-111, see notes following § 50-313.
For history of Law 19-171, see notes under § 50-921.02.
Miscellaneous Notes
Mayor authorized to issue rules: Section 3 of D.C. Law 12-76 provided that the Mayor may issue rules to implement the provisions of the act.
(a)(1) In answer to a notice of infraction, a person to whom the notice was issued may:
(A) Admit, by payment of the civil fine and any related vehicle conveyance fee, the commission of the infraction; or
(B) Deny the commission of the infraction.
(2) A person charged with a parking violation may contest the charge through an adjudication by mail or at an administrative hearing limited to one or more of the following grounds with appropriate evidence to support:
(A) That the respondent was not the owner or lessee of the cited vehicle at the time of the infraction;
(B) That the cited vehicle or its state registration plates were stolen at the time of the violation occurred;
(C) That the relevant signs prohibiting or restricting parking were missing or obscured;
(D) That the relevant parking meter was inoperable or malfunctioned through no fault of the respondent;
(E) That the facts alleged on the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated;
(F) That the vehicle was suddenly mechanically disabled; provided, that the vehicle was removed as soon as practicable; or
(G) That the operator suddenly needed immediate medical assistance.
(b) A person to whom a notice of infraction has been issued may answer by personal appearance or by mail. Answers by telephone, email, or through the Department's website may be permitted by regulation.
(c) A person admitting the commission of an infraction shall, at the same time he submits his answer, pay the civil fine, any related vehicle conveyance fee assessed by the District, and any additional penalties, established pursuant to § 50-2301.05, as may be due for failure to answer within the time required by subsection (d) of this section without appearing at the hearing.
(d)(1) A person to whom a notice of infraction has been issued shall answer within 30 calendar days of the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation. Failure to answer the notice within this period shall result in the imposition of monetary penalties established by § 50-2301.05, in addition to the potential civil fine for the infraction and any related vehicle conveyance fee.
(2) If a person fails to answer within 60 days, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all penalties, fines, and any vehicle conveyance fees shall be assessed. Not more than 50 days after the notice is issued, the Director shall send, by regular mail, to the address in the Department of Motor Vehicles' records, if such address was supplied to the Department of Motor Vehicles, notice of the outstanding notice of infraction and of the impending deemed admission. This subsection shall not apply to any participant in the fleet adjudication program.
(e) Any person who desires the presence at the hearing of the police officer or the Department of Transportation employee who served the notice of infraction on such person must so demand at the same time such person answers to the infraction.
(f) A deemed admission pursuant to subsection (d)(2) of this section may be vacated by any person not participating in the fleet adjudication program, if the Department receives, within 60 days of the date of the admission, a written application to vacate that sets forth:
(1) A sufficient defense to the charge; and
(2) Excusable neglect for failing to answer within the time period provided for in subsection (d) of this section.
(Sept. 12, 1978, D.C. Law 2-104, § 305, 25 DCR 1275; Apr. 9, 1997, D.C. Law 11-198, § 504(c), 43 DCR 4569; March 24, 1998, D.C. Law 12-76, § 2(b), 45 DCR 481; Apr. 27, 2001, D.C. Law 13-289, § 302(i), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(g), 54 DCR 903; Mar. 20, 2009, D.C. Law 17- 303, § 4(b), 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(b), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-625.
1973 Ed., § 40-1119.
Effect of Amendments
D.C. Law 13-289 validated a previously made change and rewrote subsec. (d), which had read:
"(d) A person to whom a notice of infraction has been issued shall answer within 15 calendar days of the date the notice was issued. Failure to answer within the prescribed period may result in imposition of monetary penalties established by § 50-2301.05, in addition to the potential civil fine for the infraction. This subsection shall not apply to any fleet owner who participates in the fleet adjudication program."
D.C. Law 16-279, in subsec. (a), par. (2), added subpars. (F), and (G); in subsec. (b), substituted "telephone, email, or through the Department's website" for "telephone"; in subsec. (d), par. (2), substituted "mail, to the address in the Department of Motor Vehicles' records, if such address was supplied to the Department of Motor Vehicles," for "mail"; and added subsec. (f).
D.C. Law 17-303, in subsec. (a)(1)(A), substituted "civil fine and any related vehicle conveyance fee" for "civil fine"; in subsec. (c), substituted "civil fine, any related vehicle conveyance fee assessed by the District," for "civil fine"; in subsec. (d)(1), inserted "and any related vehicle conveyance fee"; and, in subsec. (d)(2), substituted "penalties, fines, and any vehicle conveyance fees" for "penalties and fines".
D.C. Law 17-353 made a technical amendment to the enacting clause of D.C. Law 16-279, § 301(g), which did not change the text of the section.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 503(c) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
For temporary (225 day) amendment of section, see § 2(b) of Fleet Traffic Adjudication Temporary Amendment Act of 1997 (D.C. Law 12-49, February 27, 1998, law notification 45 DCR 1510).
Emergency Act Amendments
For temporary amendment of section, see § 504(c) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(c) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), § 504(c) 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), § 2(b) of the Traffic Adjudication Fleet Adjudication Emergency Amendment Act of 1997 (D.C. Act 12- 122, August 1, 1997, 44 DCR 4649), and § 2(b) of the Fleet Traffic Adjudication Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-173, October 30, 1997, 44 DCR 6911).
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 11-198, see Historical and Statutory Notes following § 50-2301.04.
For legislative history of D.C. Law 12-76, see Historical and Statutory Notes following § 50-2303.04a.
For D.C. Law 13-289, see notes following § 50-401.
For Law 16-279, see notes following § 50-312.
For Law 17-303, see notes following § 50-2201.02.
For Law 17-353, see notes following § 50-324.
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
Mayor authorized to issue rules: Section 3 of D.C. Law 12-76 provided that the Mayor may issue rules to implement the provisions of the act.
(a) Each hearing for the adjudication of a traffic infraction pursuant to this subchapter shall be held before a hearing examiner in accordance with Chapter 10 of Title 18 of the District of Columbia Municipal Regulations except as provided in this chapter.
(b) The burden of proof shall be upon the District, and no infraction may be established except upon proof by a preponderance of the evidence.
(c) The police officer or Department employee issuing the notice of infraction shall appear at the hearing of a case wherein the respondent has denied that the infraction occurred by his commission; provided, that demand therefor has been made pursuant to § 50-2303.05(e). The police officer or Department employee issuing the notice of infraction shall not be required to attend the hearing of a case wherein the respondent has admitted that the infraction occurred by his commission:
(1) Unless the respondent requests the presence of the officer or employee, as the case may be, at the same time he answers to the infraction and the hearing examiner determines that the testimony of such officer would assist his determination of the appropriate sanction to impose; or
(2) Unless the hearing examiner decides to require such presence.
(d) If a person to whom a notice of infraction has been issued fails to appear at a hearing for which he or she received notice, the hearing examiner may enter a default judgment sustaining the charges, fix the appropriate fine, and assess appropriate penalties and vehicle conveyance fee, if any, if commission of the infraction is established by a preponderance of the evidence.
(e) A default judgment shall take effect and notice shall be given pursuant to § 50-2302.05(f). The notice shall further indicate that the default judgment may only be vacated if the Department, receives, within 60 day of the effective date of the judgment, a written application to vacate the default that sets forth:
(1) A sufficient defense to the charge; and
(2) Excusable neglect as to the respondent's failure to attend the hearing.
(f) After due consideration of the evidence and arguments, the hearing examiner shall determine whether the infraction has been established. Where the infraction is not established, an order dismissing the charges shall be entered. Where a determination is made that an infraction has been established or where an answer admitting the commission of the infraction or admitting the commission of the infraction with explanation has been received, an appropriate order shall be entered in the Department's records.
(g) The hearing examiner may impose a civil fine for violation of infractions to which this subchapter is applicable up to and including an amount prescribed by § 50-2301.05 exclusive of fees and charges imposed for the towing or booting of a vehicle or additional penalties imposed for failure to answer to such infraction in a timely manner.
(h) All civil fines and other monies collected pursuant to the provisions of this subchapter shall be paid into the General Fund of the District.
(Sept. 12, 1978, D.C. Law 2-104, § 306, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(j), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(h), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 4(c), 55 DCR 12803.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-626.
1973 Ed., § 40-1120.
Effect of Amendments
D.C. Law 13-289 substituted "Chapter 10 of Title 18 of the District of Columbia Municipal Regulations" for "Chapter IX of Title 32 of the District of Columbia Rules and Regulations" in subsec. (a); deleted "or admitted with explanation" following "has admitted" in the introductory paragraph of subsec. (c); and rewrote subsec. (d), which had read:
"(d) If a person to whom a notice of infraction has been issued fails to appear at a hearing where he is required to do so, the hearing examiner may enter a judgment by default sustaining the charges, fix the appropriate fine and assess appropriate penalties, if any, if the infraction is established by a preponderance of the evidence. Before such a default judgment is entered, the Department shall notify the respondent by regular mail that an infraction is outstanding, that a default judgment is pending and that such judgment may be avoided by entering an answer or making an appearance within 30 days of such notice. Such notice shall be mailed to the respondent's recorded address."
D.C. Law 16-279, in subsec. (e), extended the time to submit a written application to vacate from within 30 days of the effective date of the judgment to within 60 days of the effective date of the judgment.
D.C. Law 17-303, in subsec. (d), substituted "appropriate penalties and vehicle conveyance fee" for "appropriate penalties".
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.
For Law 16-279, see notes following § 50-312.
For Law 17-303, see notes following § 50-2201.02.
Editor's Notes
Chapter 10 of Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Chapter IX of Title 32 of the District of Columbia Rules and Regulations, referred to in (a).
(a) A pedestrian who is stopped by a police officer or other authorized official after the pedestrian has committed an infraction of these regulations shall be required to inform the officer or other official of his or her true name and address for the purpose of including that information on a notice of infraction; provided, that no pedestrian shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.
(b) A pedestrian who refuses to provide his or her name and address to a police officer upon request after having been stopped for committing an infraction of these regulations shall, upon conviction, be fined not less than $100 nor more than $250.
(Sept. 12, 1978, D.C. Law 2-104, § 307, 25 DCR 1275; Oct. 8, 1981, D.C. Law 4-36, § 4(b), 28 DCR 3383; Mar. 20, 2009, D.C. Law 17-314, § 3, 56 DCR 200.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-627.
Effect of Amendments
D.C. Law 17-314, in subsec. (b), substituted "not less than $100 nor more than $250" for "not less than $10 nor more than $50 dollars".
Legislative History of Laws
For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.
Law 4-36 was introduced in Council and assigned Bill No. 4-248, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 16, 1981, and June 30, 1981, respectively. Signed by the Mayor on July 20, 1981, it was assigned Act No. 4-63 and transmitted to both Houses of Congress for its review.
Law 17-314, the "Anti-Littering Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-26 which was referred to the Committees on Public Safety and the Judiciary, Public Works and the Environment. The Bill was adopted on first and second readings on November 18, 2008, and December 2, 2008, respectively. Signed by the Mayor on December 22, 2008, it was assigned Act No. 17-618 and transmitted to both Houses of Congress for its review. D.C. Law 17-314 became effective on March 20, 2009.
The Department of Motor Vehicles may offer customers the option of receiving some or all notices required under this or any other law by email or similar electronic transmission instead of regular mail; provided, that the email address, provided by the customer, shall be considered an address in the Department of Motor Vehicle's records for the purpose of sending any notices required under this or any other law or regulation.
(Sept. 12, 1978, D.C. Law 2-104, § 308, as added Mar. 14, 2007, D.C. Law 16-279, § 301(i), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-279, see notes following § 50-312.
