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Current through October 23, 2012
(a) A person is guilty of an offense if that person:
(1) Makes any false material statement with respect to his or her compliance with the obligation to maintain required insurance;
(2) Is the owner of a motor vehicle that is required to be registered or obtain a reciprocity sticker in the District and required insurance is not in effect with respect to that motor vehicle;
(3) Is the owner of a motor vehicle and operates or permits that motor vehicle to be operated in the District without required insurance being in effect with respect to that motor vehicle;
(4) Repealed.
(5) Operates a motor vehicle as to which the certificate of registration or reciprocity sticker has been suspended pursuant to § 31-2403(d)(2);
(6) Fails or refuses to return or give a registration certificate, reciprocity sticker, or tags to the Department, an authorized agent of the Department, or to a law-enforcement officer;
(7) Fails or refuses to present an Insurance Identification Card, its equivalent in another state, or other evidence establishing that required insurance is in effect with respect to a motor vehicle operated by that person upon demand by a law-enforcement officer; or
(8) Violates any other provision of this chapter.
(a-1) A violation of subsection (a)(7) of this section shall create a rebuttable presumption of a violation of subsection (a)(3) of this section.
(b)(1)(A) A person who commits an offense under subsection (a)(3) of this section shall be subject to both the regulatory scheme established in § 31- 2403(d)(2) and to a civil fine of $500, or a license suspension for up to 30 days, or both, for the first offense, and an increase of 50% of the civil fine for the second and each subsequent offense, or a license suspension for up to 60 days, or both, pursuant to §§ 50-2301.04 and 50-2301.05.
(B) A motor vehicle owner or operator shall be permitted to contest by mail or in person the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section. For the purposes of contesting the charge, the owner or operator shall be permitted to present as evidence establishing that the required insurance was in effect with respect to the motor vehicle any of the following:
(i) An Insurance Identification Card;
(ii) An insurance policy;
(iii) Any other evidence that constitutes reasonable proof that the required insurance was in effect; or
(iv) Copies of any documents described in sub-subparagraphs (i) through (iii) of this subparagraph.
(C) Unless the hearing examiner has reasonable doubt about the veracity of the evidence presented pursuant to subparagraph (B)(i) and (ii) of this paragraph, submission of either shall be sufficient to dismiss the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section.
(2)(A) In addition to the regulatory scheme established in § 31-2403(d)(2) for a person who commits an offense under subsection (a)(2) of this section a civil fine of $150 shall be assessed for each vehicle without the required insurance for a period of 1 to 30 days, and increasing to $7 for each day thereafter, not to exceed a total of $2,500 for each violation pursuant to § 31-2404(d)(2)(A). All or part of any penalty may be waived by the Director upon submission or proof that the vehicle was not operated during the corresponding time period.
(B) A person shall not be subject to a fine pursuant to this paragraph if the person believed, in good faith, that the person contracted for the required insurance coverage with a company which subsequently went out of business or otherwise failed to comply with this law.
(3) A person who commits an offense under subsection (a)(7) of this section shall be subject both to the regulatory scheme established in § 31- 2403(d)(2) and to a civil fine of $30.
(c) In addition to the penalties provided in subsection (b)(1) of this section, a person who commits an offense under subsection (a)(1), (5), (6), or (8) of this section shall upon conviction also be subject to imprisonment for not more than 30 days for the 1st offense, and imprisonment for not more than 90 days for the 2nd and subsequent offenses.
(d) All fines paid for violations of subsection (a) of this section shall be placed in the General Fund of the District of Columbia.
(Sept. 18, 1982, D.C. Law 4-155, § 15, 29 DCR 3491; Mar. 10, 1983, D.C. Law 4-199, § 3, 30 DCR 119; Sept. 27, 1985, D.C. Law 6-38, § 2, 32 DCR 4307; Mar. 4, 1986, D.C. Law 6-96, § 2(m), 32 DCR 7245; Mar. 23, 1995, D.C. Law 10-253, § 103, 42 DCR 721; Sept. 26, 1995, D.C. Law 11-52, § 103, 42 DCR 3684; Apr. 27, 2001, D.C. Law 13-289, § 101(d), 48 DCR 2057; June 8, 2006, D.C. Law 16-117, § 201(c), 53 DCR 2548; Mar. 14, 2007, D.C. Law 16- 279, § 204, 54 DCR 903; July 18, 2008, D.C. Law 17-197, § 10(b), 55 DCR 6277; Sept. 14, 2011, D.C. Law 19-21, § 9050(b), 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 35-2113.
Effect of Amendments
D.C. Law 13-289 rewrote subsec. (b), par. (2)(A) which had read:
"(2)(A) In addition to being subject to the regulatory scheme established in § 31-2403(d)(2), for a person who commits an offense under subsection (a)(2) of this section a civil fine of $500 for the 1st violation and $1000 for the 2nd and subsequent violations, with applicable penalties and fees, may be imposed pursuant to Chapter 23 of Title 50."
D.C. Law 16-117, in par. (a)(3) deleted "knowingly" preceding "operates"; repealed par. (a)(4); in par. (a)(7), substituted "an Insurance Identification Card, its equivalent in another state, or other evidence establishing" for "evidence"; added subsec. (a-1), subpars. (b)(1)(B) and (b)(1)(C), and par. (b)(3); and rewrote and designated the existing text of par. (b)(1) as subpar. (b)(1)(A). Prior to amendment, par. (b)(1) had read as follows:
"(b)(1) A person who commits an offense under subsection (a)(3), (4), or (7) of this section shall be subject both to the regulatory scheme established in § 31-2403(d)(2) and to a civil fine of not less than $300 or more than $500, or a license suspension for up to 30 days, or both, for the first offense, and not less than $500 or more than $1,000, or a license suspension for up to 60 days, or both, for the second and each subsequent offense pursuant to §§ 50-2301.04 and 50-2301.05.
"(2)(A) In addition to the regulatory scheme established in § 31-2403(d)(2) for a person who commits an offense under subsection (a)(2) of this section a civil fine of $150 shall be assessed for each vehicle without the required insurance for a period of 1 to 30 days, and increasing to $7 for each day thereafter, not to exceed a total of $2,500 for each violation pursuant to § 31-2404(d)(2)(A).
"(B) A person shall not be subject to a fine pursuant to this paragraph if the person believed, in good faith, that the person contracted for the required insurance coverage with a company which subsequently went out of business or otherwise failed to comply with this law."
D.C. Law 16-279, in subsec. (b)(2)(A), added a sentence to the end of the subparagraph relating to the waiver of all or part of any penalty.
D.C. Law 17-197 added subsec. (d).
D.C. Law 19-21, in subsec. (d), substituted "General Fund of the District of Columbia" for "Motor Vehicle Theft Prevention Fund established by § 3-1356".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 103 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 103 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 4-155, see Historical and Statutory Notes following § 31-2401.
Law 4-199, the "Christmas Tree Act of 1982," was introduced in Council and assigned Bill No. 4-427, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 16, 1982, and December 14, 1982, respectively. Signed by the Mayor on December 28, 1982, it was assigned Act No. 4-283 and transmitted to both Houses of Congress for its review.
Law 6-38, the "District of Columbia Traffic Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-12, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 11, 1985, and June 25, 1985, respectively. Signed by the Mayor on July 11, 1985, it was assigned Act No. 6-56 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-96, see Historical and Statutory Notes following § 31-2408.01.
Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.
For D.C. Law 13-289, see notes following § 31-2402.
For D.C. Law 16-117, see notes following § 31-2402.
Law 16-279, the "Department of Motor Vehicles Service and Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-821, which was referred to Committee on Public Works and Environment. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-636 and transmitted to both Houses of Congress for its review. D.C. Law 16-279 became effective on March 14, 2007.
Law 17-197, the "Motor Vehicle Theft Prevention Act of 2008", was introduced in Council and assigned Bill No.17-138 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 23, 2008, it was assigned Act No. 17-394 and transmitted to both Houses of Congress for its review. D.C. Law 17-197 became effective on July 18, 2008.
For history of Law 19-21, see notes under § 31-107.
