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Current through October 23, 2012
(a) It shall be unlawful:
(1) For any person to operate any motor vehicle or trailer upon any public highway of the District of Columbia (except motor vehicles or trailers operated by nonresidents exempted under the provisions of § 50-1401.02):
(A) If such motor vehicle or trailer is not registered or covered by a dealer's registration or by a special use certificate as required by this subchapter;
(B) If such motor vehicle or trailer does not have attached thereto and displayed thereon the identification tags required therefor; or
(C) If such person does not have in his possession or in the motor vehicle or trailer operated the registration certificate or special use certificate required therefor.
(D) Repealed.
(2) For the owner of any motor vehicle or trailer knowingly to permit the operation thereof contrary to any provision of paragraph (1) of this subsection;
(3) To use a false or fictitious name or address in any application for registration or for a special use certificate, or any renewal or duplicate thereof, or knowingly to make any false statement or conceal any material fact in any such application; or
(4) For the owner of any motor vehicle to knowingly use or permit the use of any motor vehicle with a counterfeit, stolen, or otherwise fraudulent temporary identification tag.
(b)(1) Except as provided in subsection (c) of this section, any person violating any provision of this subchapter or the regulations made or promulgated under the authority hereof shall upon conviction thereof be subject to a fine of not more than $1000 or imprisonment of not more than 30 days, or both such fine and imprisonment. All such prosecutions shall be in the Superior Court of the District of Columbia upon information filed by the Attorney General for the District of Columbia or any of his assistants in the name of the District of Columbia.
(2) A motor vehicle being used in violation of subsection (a)(4) of this section shall be subject to seizure by the Mayor or any law enforcement officer of the District and to forfeiture to the District in accordance with to 6A DCMR §§ 805-810; such seizure and forfeiture may be in addition to the imposition of a fine or imprisonment as provided for in paragraph (1) of this subsection.
(c)(1) A person violating subsection (a)(1) or (2) of this section shall be assessed the following civil penalties for a failure to maintain a valid and current registration:
(A) A fine of $200 for a lapse in registration between one and 30 days; and
(B) A fine of $200 for each additional unregistered month or portion thereof, up to a maximum of $2,400.
(2) Violations under this subsection shall be adjudicated pursuant to Chapter 23 of this title.
(d) Nothing in this section shall be interpreted as impeding the ability of a public safety officer to impound a vehicle that poses a threat to public health or safety.
(Aug. 17, 1937, 50 Stat. 682, ch. 690, title IV, § 4; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; Sept. 8, 1950, 64 Stat. 794, ch. 921, § 7; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 5, 2005, D.C. Law 15-287, § 2(b), 52 DCR 1437; Mar. 14, 2007, D.C. Law 16-279, § 403(c), 54 DCR 903; Mar. 25, 2009, D.C. Law 17-353, §§ 197(b), 198, 56 DCR 1117; Oct. 22, 2012, D.C. Law 19-183, § 2, 59 DCR 9429.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-105.
1973 Ed., § 40-104.
Effect of Amendments
D.C. Law 15-287, in subsec. (b), designated the existing text as par. (1), substituted "$1000" for "$300", and added par. (2).
D.C. Law 16-279 added subsec. (a)(1)(D).
D.C. Law 17-353 validated previously made technical corrections in subsec. (a)(1)(D), (3).
D.C. Law 19-183, in subsec. (a)(1), inserted "or" at the end of subpar. (B), substituted a period for "; or " at the end of subpar. (C), and repealed subpar. (D); in subsec. (b)(1), substituted "Except as provided in subsection (c) of this section, any person violating" for "Any person violating" and "Attorney General for the District of Columbia" for "Corporation Counsel of the District of Columbia"; and added subsecs. (c) and (d). Prior to repeal, subsec. (a)(1)(D) read as follows:
"(D) If, in the case of a charter bus, the motor vehicle is not registered or displaying a trip permit as required by § 50-1501.02(j);"
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Use of Fraudulent Temporary Identification Tags and Automobile Forfeiture Temporary Amendment Act of 2004 (D.C. Law 15-182, October 18, 2007, law notification 54 DCR 10699).
Section 2 of D.C. Law 19-76, in subsec. (b)(1), substituted "Except as provided in subsection (c) of this section, any person violating" for "Any person violating", and substituted "Attorney General for the District of Columbia" for "Corporation Counsel of the District of Columbia"; and added subsec. (c) to read as follows:
"(c) Any person in violation of subsection (a)(1) or (2) of this section shall not be subject to arrest or criminal penalties, but shall be subject to civil penalties as follows:
"(1) Any violation that occurs up to 30 days from when the vehicle is unregistered shall result in a $100 fine;
"(2) Any violation that occurs after 30 days from when the vehicle is unregistered may result in impoundment of the vehicle and a $200 fine.
"(3) The provisions of this subsection shall be adjudicated pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.).".
Section 4(b) of D.C. Law 19-76 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Use of Fraudulent Temporary Identification Tags and Automobile Forfeiture Emergency Amendment Act of 2004 (D.C. Act 15-424, May 10, 2004, 51 DCR 5185).
For temporary (90 day) amendment of section, see § 2(b) of Use of Fraudulent Temporary Identification Tags and Automobile Forfeiture Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-518, August 2, 2004, 51 DCR 8992).
For temporary (90 day) amendment of section, see § 2 of Criminal Penalty for Unregistered Motorist Repeal Emergency Amendment Act of 2011 (D.C. Act 19-208, October 21, 2011, 58 DCR 9332).
For temporary (90 day) amendment of section, see § 2 of Criminal Penalty for Unregistered Motorist Repeal Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-296, January 20, 2012, 59 DCR 491).
For temporary (90 day) amendment of section, see § 2 of the Criminal Penalty for Unregistered Motorist Repeal Emergency Amendment Act of 2012 (D.C. Act 19- 404, July 24, 2012, 59 DCR 9120).
For temporary (90 day) amendment of section, see § 2 of Criminal Penalty for Unregistered Motorist Repeal Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-498, October 26, 2012, 59 DCR 12747).
Legislative History of Laws
For Law 15-287, see notes following § 50-1501.02.
For Law 16-279, see notes following § 50-312.
For Law 17-353, see notes following § 50-324.
Law 19-183, the "Criminal Penalty for Unregistered Motorist Repeal Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-552, 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 July 31, 2012, it was assigned Act No. 19-436 and transmitted to both Houses of Congress for its review. D.C. Law 19-183 became effective on October 22, 2012.
Miscellaneous Notes
Section 3 of D.C. Law 15-287 provides: "The Mayor is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this act."
