§ 50-1731.06. Enforcement; fines and penalties.

Current through October 23, 2012

(a) The penalty for violating §§ 50-1731.03, 50-1731.04, or 50-1731.05 shall be a fine of $100; provided, that the fine shall be suspended for a first time violator who, subsequent to the violation but prior to the imposition of a fine, provides proof of acquisition of a hands-free accessory of the type required by this chapter. The suspension shall not apply to violations related to texting.

(b) A violation of the provisions of §§ 50-1731.03, 50-1731.04, or 50- 1731.05 shall be processed and adjudicated under the provisions applicable to moving violations set forth in subchapter II of Chapter 23 of this title; provided, that no points shall be assessed for a violation of this chapter that does not contribute to an accident.

                
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(Mar. 30, 2004, D.C. Law 15-124, § 6, 51 DCR 1541; Apr. 8, 2005, D.C. Law 15-304, § 2, 52 DCR 1694; Dec. 10, 2009, D.C. Law 18-88, § 227(b), 56 DCR 7413.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 15-304 rewrote subsec. (b) which had read:

"(b) A violation of the provisions of § 50-1731.03, 50-1731.04 or 50-1731.05 shall be processed and adjudicated under the provisions applicable to moving violations set forth in subchapter II of Chapter 23 of this title."

D.C. Law 18-88, in subsec. (a), inserted "The suspension shall not apply to violations related to texting."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Distracted Driving Safety Revised Temporary Amendment Act of 2004 (D.C. Law 15-232, March 16, 2005, law notification 52 DCR 3558).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Emergency Amendment Act of 2004 (D.C. Act 15-464, June 23, 2004, 51 DCR 6756).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Emergency Amendment Act of 2004 (D.C. Act 15-500, August 2, 2004, 51 DCR 8812).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-616, November 30, 2004, 51 DCR 11444).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-16, February 17, 2005, 52 DCR 2958).

For temporary (90 day) amendment of section, see § 227(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 227(b) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 15-124, see notes following § 50-1731.01.

Law 15-304, the "Distracted Driving Safety Revised Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-981, which was referred to the Committee on Public works and Environment. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-701 and transmitted to both Houses of Congress for its review. D.C. Law 15-304 became effective on April 8, 2005.

For Law 18-88, see notes following § 50-1731.02.