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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 IV. Motorized Vehicle Registration, Inspection, Licensing. |
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Chapter 15. Registration of Motor Vehicles. |
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Subchapter IV. International Registration Plan Agreements.
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For the purposes of this subchapter, the term:
(1) "Apportioned operator" means registrant of a fleet of apportioned vehicles.
(2) "Apportionment" means registration based on a proportional payment of registration fees, whether determined by a quotient of miles traveled, revenue received, average presence, or any other similar method.
(3) "Apportionable vehicle" means any vehicle, except recreational vehicles, vehicles displaying restricted plates, buses used in transportation of chartered parties and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and are used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and:
(A) Is a power unit having two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds;
(B) Is a power unit having three or more axles, regardless of weight; or
(C) Is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight.
(4) "Base jurisdiction" means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet, and where operational records of such fleet are maintained or can be made available in accordance with section 1602 of the International Registration Plan ("IRP").
(5) "Base plate" means the plate issued by the base jurisdiction and shall be the only registration identification plate issued for the vehicle by any member jurisdiction.
(6) "Combined Gross Vehicle Weight" ("CGVW") means the total unladen weight of a combination of vehicles and weight of the load carried on that combination of vehicles.
(7) "Established place of business" means a physical structure owned, leased, or rented by the fleet registrant and used as his or her main office. The physical structure shall be designated by a street number or road location, be open during normal business hours, and have located within it:
(A) A telephone or telephones publicly listed in the name of the fleet registrant;
(B) A person or persons conducting the fleet registrant's business; and
(C) The operational records of the fleet.
(8) "Fleet" means one or more apportionable vehicles.
(9) "Interjurisdictional movement" means vehicular movement between or through two or more jurisdictions.
(10) "Intrajurisdictional movement" means vehicular movement from one point within a jurisdiction to another point within the same jurisdiction.
(11) "IRP" means the abbreviation for the reciprocal agreement, the International Registration Plan.
(12) "IVMR" means Individual Vehicle Mileage Record which serves as the original record generated in the course of actual vehicle operation and is used as a source document to verify the registrant's application for accuracy.
(13) "Member jurisdiction" means a jurisdiction which has applied for membership and has been accepted by all members of the IRP.
(14) "Motor carrier" means an individual, partnership, or corporation engaged in the transportation of goods or persons.
(15) "Owner" means any person, firm, or corporation other than the lienholder holding legal title to a vehicle.
(16) "Properly registered vehicle" means a vehicle which has been registered in full compliance with the laws of all jurisdictions in which it is intended to operate.
(17) "Reciprocity" means the reciprocal granting of rights and privileges to vehicles properly registered under the IRP and to vehicles not so registered if these vehicles are subject to separate reciprocity agreements, arrangements, declarations, or understandings.
(18) "Trip permit" means a temporary permit issued by a jurisdiction in lieu of regular registration reciprocity.
(19) "Uniform mileage schedule" means the official IRP form provided to record mileage by jurisdictions and total fleet miles derived from operational records.
(Sept. 5, 1997, D.C. Law 12-14, § 2, 44 DCR 3620; Apr. 20, 1999, D.C. Law 12-264, § 42, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-121.
Temporary Addition of Section
For temporary (225 day) addition of subchapter, see §§ 2 to 7, 9 of International Registration Plan Agreement Temporary Act of 1996 (D.C. Law 11- 189, April 9, 1997, law notification 43 DCR 2384).
Emergency Act Amendments
For temporary addition of this subchapter, see §§ 2-7 and 9 of the International Registration Plan Agreement Emergency Act of 1996 (D.C. Act 11- 291, July 9, 1996, 43 DCR 4152), §§ 2-7 and 9 of the International Registration Plan Agreement Congressional Review Emergency Act of 1996 (D.C. Act 11-465, December 30, 1996, 44 DCR 161), and §§ 2-7 and 9 of the International Registration Plan Agreement Congressional Review Emergency Act of 1997 (D.C. Act 12-17, March 3, 1997, 44 DCR 1756).
Legislative History of Laws
Law 12-14, the "International Registration Plan Agreement Act of 1997," was introduced in Council and assigned Bill No. 12-19. The Bill was adopted on first and second readings on March 4, 1997, and May 6, 1997, respectively. Signed by the Mayor on May 23, 1997, it was assigned Act No. 12-91 and transmitted to both Houses of Congress for its review. D.C. Law 12-14 became effective on September 5, 1997.
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
References in Text
The International Registration Plan, referred to in (4), is defined at 49 U.S.C. § 31701(4).
Resolutions
Resolution 16-548, the "Commercial Driver's License and International Registration Plan Enforcement Approval Resolution of 2006", was approved effective March 7, 2006.
(a) Notwithstanding any other provision of the law, the Mayor is authorized to enter into reciprocal agreements on behalf of the District of Columbia with duly authorized representatives of any jurisdiction of the United States or a foreign country, providing for the registration of vehicles on an apportionment or allocation basis. In the exercise of this authority, the Mayor is expressly authorized to enter into and become a member of the IRP, or such other designation that may, from time to time, be given to such a plan.
(b) The IRP and any other agreements that this subchapter authorizes the Mayor to enter into shall take precedence over any District of Columbia law or regulation that may be in conflict with these agreements.
(Sept. 5, 1997, D.C. Law 12-14, § 3, 44 DCR 3620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-122.
Temporary Addition of Section
See Historical and Statutory Notes following § 50-1507.01.
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
(a) The Mayor shall implement a program for owners and apportioned operators to obtain apportioned registrations for their fleets as promulgated under the IRP.
(b) Any vehicle qualifying for IRP and that the lists the District of Columbia as the established place of business must declare the District of Columbia as its base jurisdiction for purpose of the IRP and obtain a base plate from the District of Columbia.
(c) Vehicles qualifying for the IRP and engaged in interjurisdictional movement, but not apportioned or covered by reciprocity, shall acquire a trip permit prior to entering the District of Columbia.
(d) Trucks and truck tractors, combinations of vehicles having a combined gross vehicle weight of 26,000 pounds or less may be proportionally registered at the option of the registrant.
(e) At no point during operation, shall the gross weight of a vehicle registered pursuant to this subchapter, or of the combination of vehicles of which the vehicle is a part, exceed the gross weight on the basis of which it is registered.
(f) Any owner or apportioned operator who fails to comply with subsection (b), (c) or (e) of this section shall be punished by a fine not to exceed $500 or jailed not longer than 180 days, or both, for each violation. In addition, a police officer may impound the vehicle until a valid registration or a trip permit is obtained.
(Sept. 5, 1997, D.C. Law 12-14, § 4, 44 DCR 3620; Apr. 27, 2001, D.C. Law 13-289, § 202, 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 404, 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-123.
Effect of Amendments
D.C. Law 13-289 added subsecs. (e) and (f).
D.C. Law 16-279, in subsec. (d), deleted "and buses used in transportation of chartered parties" following "or less" following "pounds or less".
Temporary Addition of Section
See Historical and Statutory Notes following § 50-1507.01.
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
For D.C. Law 13-289, see notes following § 50-401.
For Law 16-279, see notes following § 50-312.
Delegation of Authority
Delegation of Authority to the Director of the Department of Motor Vehicles to Implement the International Registration Plan, see Mayor's Order 2005-21, January 25, 2005 (52 DCR 2841).
(a) The District of Columbia as a member jurisdiction will provide reciprocity to fleet vehicles that are engaged in interjurisdictional movement and intrajurisdictional movement, and are properly registered with another member jurisdiction.
(b) All apportioned operators of fleet vehicles are required to have available for inspection an IVMR and must identify the mileage accumulated within the District of Columbia within one mile. Inspections of the IVMR may occur in combination with the performance of law enforcement duties related to violations of a municipal traffic code, conducting road-side vehicle inspections, and investigating vehicles not properly registered.
(Sept. 5, 1997, D.C. Law 12-14, § 5, 44 DCR 3620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-124.
Temporary Addition of Section
See Historical and Statutory Notes following § 50-1507.01.
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
Pursuant to provisions of IRP, the Mayor shall adopt audit procedures to review the uniform mileage schedules and fleet records of apportioned operators declaring the District of Columbia as their base jurisdiction. The audit procedures shall involve at least 15% of the IRP apportioned vehicles declaring the District of Columbia as their base jurisdiction base over a 5-year period. The 5-year period will commence October 1, 1997.
(Sept. 5, 1997, D.C. Law 12-14, § 6, 44 DCR 3620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-125.
Temporary Addition of Section
See Historical and Statutory Notes following § 50-1507.01.
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
(a) The fee for a trip permit shall be $50.
(b)(1) Vehicle registration fees for IRP registrants, and all interest earned on those fees, shall be deposited into a designated account entitled the IRP Fund to be used to reimburse IRP member jurisdictions and after such reimbursement to offset the costs of implementing this subchapter.
(2) Any monies remaining in the IRP fund after the requirements of paragraph (1) of this subsection have been met shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia.
(3) All funds received but not expended in a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(Sept. 5, 1997, D.C. Law 12-14, § 7, 44 DCR 3620; Apr. 8, 2005, D.C. Law 15-307, § 302, 52 DCR 1700; Oct. 20, 2005, D.C. Law 16-33, § 6032, 52 DCR 7503; Sept. 14, 2011, D.C. Law 19-21, § 9102, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-126.
Effect of Amendments
D.C. Law 15-307 rewrote this section which had read:
"The Mayor shall establish a registration fee schedule for commercial vehicles to carry out the purposes of this subchapter. The fees which this subchapter generates shall be placed in a designated account and used to offset the cost of implementing the provisions of this subchapter."
D.C. Law 16-33 rewrote subsec. (b), which had read as follows:
"(b) Vehicle registration fees for IRP registrants, and all interest earned on those fees, shall be deposited into the IRP Fund and shall be used, first, to reimburse IRP member jurisdictions and, second, to offset the costs of implementing this subchapter. The IRP Fund shall be used solely for the purposes set forth in this section. All monies collected under this section and all interest earned on those monies, shall be deposited into the IRP Fund without regard to fiscal year limitation pursuant to an act of Congress. All monies deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress."
D.C. Law 19-21, in subsec. (b)(2), substituted "shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia" for "may be used by the Department of Motor Vehicles to defray operating costs"; and rewrote subsec. (b)(3), which formerly read:
"(3) All monies collected under this subsection and all interest earned on those monies shall be deposited into the IRP Fund without regard to fiscal year limitation, shall not revert to the fund balance of the General Fund at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this subsection, subject to authorization by Congress."
Temporary Addition of Section
See Historical and Statutory Notes following § 50-1507.01.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 6032 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
For Law 15-307, see notes following § 50-1331.01.
For Law 16-33, see notes following § 50-2201.03.
For history of Law 19-21, see notes under § 50-231.
Miscellaneous Notes
Short title of subtitle D of title VI of Law 16-33: Section 6031 of D.C. Law 16-33 provided that subtitle D of title VI of the act may be cited as the International Registration Plan Agreement Amendment Act of 2005.
Within 90 days after enactment of this subchapter, the Mayor shall issue rule to implement and enforce the provisions of this subchapter pursuant to Chapter 5 of Title 2.
Added by D.C. Law 12-14, § 9 (44 DCR 3620), eff. Sept. 5, 1997.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-127.
Temporary Addition of Section
See Historical and Statutory Notes following § 540-1507.01.
Legislative History of Laws
For legislative history of D.C. Law 12-14, see Historical and Statutory Notes following § 50-1507.01.
Resolutions
Resolution 16-352, the "International Registration Plan Enforcement Rulemaking Disapproval Resolution of 2005", was approved effective November 1, 2005.
