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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 VII. Traffic. |
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Chapter 23. Traffic Adjudication. |
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Subchapter I. Purposes; Definitions; Establishment; Hearing Examiners; Sanctions; Time Computations; Regulations.
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Current through October 23, 2012
For the purpose of this chapter:
(1) The term "Department" means the Department of Motor Vehicles, established pursuant to § 50-901.
(2) The term "Director" means the Director of the Department of Motor Vehicles or his or her designee.
(3) The term "District" means the District of Columbia.
(4) The term "infraction" means any conduct subject to administrative adjudication under the provisions of this chapter and with respect to which the Corporation Counsel does not commence a proceeding in the Superior Court of the District of Columbia.
(5) The term "lessor" means any owner of a vehicle engaged in the business of renting or leasing vehicles to be used or operated in the District.
(5a) The term "motor vehicle" means all vehicles propelled by an internal-combustion engine, electricity, or steam. The term "motor vehicle" shall not include traction engines, road rollers, vehicles propelled only upon stationary rails or tracks, personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when a person with a disability.
(6) The term "operator" means:
(A) Any person, corporation, firm, agency, association, organization, federal, state or local governmental agency in the business of renting or leasing vehicles to be used or operated in the District;
(B) An owner who operates his own vehicle; or
(C) A person who operates a vehicle owned by another.
(7) The term "owner" means:
(A) Any person, corporation, firm, agency, association, organization, federal, state or local governmental agency or other authority or other entity having the property of or title to a vehicle used or operated in the District; or
(B) Any registrant of a vehicle used or operated in the District; or
(C) Any person, corporation, firm, agency, association, organization, federal, state or local government agency or authority or other entity in the business of renting or leasing vehicles to be used or operated in the District.
(8) The term "related vehicle conveyance fee" means a vehicle conveyance fee that is related to a civil fine because the imposition of each arises from the same parking infraction.
(9) The term "vehicle conveyance fee" means the charge for moving (by towing or otherwise) an unattended vehicle parked in violation of any traffic regulation (except overtime parking of less than 24 hours) to a legal parking place, other than at an impoundment facility.
(Sept. 12, 1978, D.C. Law 2-104, § 102, 25 DCR 1275; Mar. 15, 1985, D.C. Law 5-176, § 4, 32 DCR 748; Apr. 27, 2001, D.C. Law 13-289, § 302(a), 48 DCR 2057; Mar. 25, 2003, D.C. Law 14-235, § 11, 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, § 90(a), 51 DCR 881; Mar. 6, 2007, D.C. Law 16-224, § 209, 53 DCR 10225; Mar. 20, 2009, D.C. Law 17-303, § 4(a), 55 DCR 12803.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-602.
1973 Ed., § 40-1102.
Effect of Amendments
D.C. Law 13-289 rewrote pars. (1) and (2) which had read:
"(1) The term 'Department' means the District of Columbia Department of Transportation.
"(2) The term 'Director' means the Director of the District of Columbia Department of Transportation."
D.C. Law 14-235 rewrote par. (5a) which had read as follows:
"(5a) The term 'motor vehicle' means all vehicles propelled by an internal-combustion engine, electricity, or steam. The term 'motor vehicle' shall not include traction engines, road rollers, vehicles propelled only upon stationary rails or tracks, and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour."
D.C. Law 15-105, in par. (5a), validated a previously made technical correction.
D.C. Law 16-224, in par. (5a), revived the provisions of D.C. Law 14-235 that expired on October 1, 2005, and substituted "personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when operated by a person with a disability" for "electric personal assistive mobility devices, as defined by § 50-2201.02(12), and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour".
D.C. Law 16-305, in par. (5a), purported to substitute "person with a disability" for "handicapped person".
D.C. Law 17-303 added pars. (8) and (9).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Temporary Amendment Act of 2006 (D.C. Law 16-85, April 4, 2006, law notification 53 DCR 3344).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Emergency Amendment Act of 2005 (D.C. Act 16-237, December 22, 2005, 53 DCR 249).
For temporary (90 day) amendment of section, see § 11 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-323, March 23, 2006, 53 DCR 2567).
For temporary (90 day) amendment of section, see § 209 of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).
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 5-176, see Historical and Statutory Notes following § 50-1108.
For D.C. Law 13-289, see notes following § 50-401.
For Law 14-235, see notes following § 50-601.
For Law 15-105, see notes following § 50-203.
For Law 16-224, see notes following § 50-601.
For Law 16-305, see notes following § 50-101.
For Law 17-303, see notes following § 50-2201.02.
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
Expiration of Law 14-235: Section 14 of D.C. Law 14-235 provided that the act shall expire on October 1, 2005.
