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Current through October 23, 2012
(a) For the purposes of this section, the term:
(1) "Fleet" means 10 or more company owned or long-term leased motor vehicles, or a vehicle that was part of the fleet adjudication program, which the motor vehicle owner elects to be part of the fleet reconciliation program.
(2) "Motor vehicle fleet owner" means any corporation, firm, agency, association, organization, or other entity holding legal title to 10 or more company owned or leased motor vehicles and an owner who was part of the fleet adjudication program and elects to be part of the fleet reconciliation program.
(b) The Mayor is authorized to implement a fleet reconciliation program. The Mayor may compile notices of infraction for parking violations and for violations detected by an automated traffic enforcement system or an automated parking enforcement system, issued during a 30-day period, reconcile traffic records, and generate a consolidated monthly fleet infraction report for motor vehicle fleet owners who have registered those motor vehicles comprising a fleet. The monthly fleet infraction report shall serve as the summons and complaint.
(c) The Mayor may, by rulemaking, impose a registration fee on all motor vehicle fleet owners authorized to participate in this program. The registration fee shall recover the administrative costs associated with the administration and enforcement of this chapter with respect to fleets.
(d) To participate in the fleet reconciliation program, a motor vehicle fleet owner shall:
(1) Register its fleet with the Department of Motor Vehicles;
(2) Pay a registration fee to cover the District government's administrative costs for the fleet reconciliation program; and
(3) Satisfy all outstanding parking, moving, and automatic enforcement infractions prior to registration in the program.
(e) A fleet owner participating in the fleet reconciliation program shall pay the amount owed stated in the monthly fleet infraction report, which sets forth the date and time of the infraction and other information contained in the original notice of infraction, within 30 days of its receipt. If the amount set forth in the fleet infraction report is not paid within 30 days, the Director shall notify the owner in writing that failure to pay within 30 days of the date of the notice of failure to pay shall be grounds for removal from the program. A fleet owner shall be given notice in writing if it is being removed from the program. The effective date of the removal shall be the date that notice of removal is sent to the fleet owner. A fleet owner shall not be entitled to adjudicate any violations listed in the monthly fleet infraction report. Penalties set forth in § 50-2301.05(a)(2) are not applicable to the fleet reconciliation program. If a fleet owner is removed from the program by the Director, then the penalties set forth in § 50-2301.05(a)(2) shall immediately apply and the owner shall be responsible for any penalties that would have incurred if the vehicle had not been part of the program. A fleet vehicle shall not be subject to towing or immobilization, for failure to pay notices of infraction while part of the fleet reconciliation program. If a fleet vehicle is removed from the program, either voluntarily or as a result of removal by the Director, the vehicle shall become immediately subject to towing or immobilization if the vehicle would have been subject to towing or immobilization had it not been part of the program.
(e-1) Notwithstanding the provisions of the Driver Education Program and Fleet Program Amendment Act of 2009 [subtitle A of title VI of D.C. Law 18-111, §§ 6001 to 6003], a member of the fleet reconciliation program shall be able to adjudicate a ticket on the basis of a citation having an invalid license plate or tag number, or for a duplicate citation for the same infraction.
(f) The fleet owner shall be primarily liable for the civil penalties imposed pursuant to this section.
(Sept. 12, 1978, D.C. Law 2-104, § 304a, as added March 24, 1998, D.C. Law 12-76, § 2(a), 45 DCR 481; Apr. 27, 2001, D.C. Law 13-289, § 302(h), 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 207(c), 52 DCR 1700; Mar. 14, 2007, D.C. Law 16-279, § 301(f), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(c), 55 DCR 7513; Mar. 3, 2010, D.C. Law 18-111, § 6003, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 142, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-624.1.
Effect of Amendments
D.C. Law 13-289, in subsec. (d), par. (9), substituted "Department of Motor Vehicles" for "Department of Public Works"; and rewrote subsec. (e), which had read:
"(e) A fleet owner who participates in the fleet adjudication program shall answer, within 15 days of receipt, the monthly fleet infraction report which sets forth the date and time of the infraction, as well as other information contained in the original notice of infraction. Answers shall be consistent with § 50-2303.05(a)."
D.C. Law 15-307, in subsec. (a), deleted "engaged in commercial activity" following "motor vehicles" in par. (1), and deleted "engaged in the regular course of business in the District of Columbia" following "motor vehicles" in par. (2); in subsec. (b), substituted "notices of infraction for parking violations and for violations detected by an automated traffic enforcement system," for "notices of infraction"; and rewrote pars. (1) and (3) of subsec. (d) and subsec. (e) which had read:
"(1) Register its fleet engaged in the regular course of business in the District of Columbia with the Department of Motor Vehicles;"
"(3) Satisfy all outstanding parking infractions prior to registration in the program."
"(e) A fleet owner participant in the fleet adjudication program shall answer, within 30 days of receipt, the monthly fleet infraction report, which sets forth the date and time of the infraction and other information contained in the original notice of infraction. Answers shall be consistent with § 50- 2303.05. The owner's failure to answer within 30 days shall result in the imposition of monetary penalties established by § 50-2301.05, in addition to the potential civil fine for the infraction. If the owner fails to answer within 60 days, the owner shall be deemed liable for the violations. The Director may suspend program participation for multiple violations of this subsection."
D.C. Law 16-279, in subsec. (e), substituted "§ 50-2303.05 and § 50-2209.02" for "§ 2302.05 and with § 50-2209.02(b)".
D.C. Law 17-217, in subsec. (b), inserted "or an automated parking enforcement system" following "automated traffic enforcement system".
D.C. Law 18-111 rewrote subsecs. (a), (d), (e), and (f); and, in the section name line and subsec. (b), substituted "reconciliation" for "adjudication". Prior to amendment, subsecs. (a), (d), (e) and (f) read as follows:
"(a) For the purposes of this section, the term:
"(1) 'Fleet' means 5 or more company owned or long-term leased motor vehicles. The term fleet shall not include motor vehicles which are vehicles for hire pursuant to § 47-2829.
"(2) 'Motor vehicle fleet owner' means any corporation, firm, agency, association, organization, or other entity holding legal title to 5 or more company owned or leased motor vehicles."
"(d) To participate in the fleet adjudication program, a motor vehicle fleet owner shall:
"(1) Register its fleet with the Department of Motor Vehicles;
"(2) Pay a registration fee to cover the District government's administrative costs for the fleet adjudication program; and
"(3) Satisfy all outstanding parking infractions and all outstanding moving infractions under § 50-2209.02 prior to registration in the program.
"(e) A fleet owner participating in the fleet adjudication program shall answer the monthly fleet infraction report within 30 days of its receipt, which sets forth the date and time of the infraction and other information contained in the original notice of infraction. Answers shall be consistent with § 50- 2303.05 and § 50-2209.02, whichever is applicable. The Director may suspend program participation for more than one violation of this subsection.
"(f) The fleet owner shall be primarily liable for the civil penalties imposed pursuant to this section."
D.C. Law 19-171 made a technical amendment to D.C. Law 18-111 to insert an enacting clause for § 6003(f) that resulted in the addition of subsec. (e-1) and revival of subsec. (f) as it existed prior to D.C. Law 18-111.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).
Temporary Addition of Section
For temporary (225 day) addition, see § 2(a) of Fleet Traffic Adjudication Temporary Amendment Act of 1997 (D.C. Law 12-49, February 27, 1998, law notification 45 DCR 1510).
Emergency Act Amendments
For temporary addition of section, see § 2(a) of the Traffic Adjudication Fleet Adjudication Emergency Amendment Act of 1997 (D.C. Act 12-122, August 1, 1997, 44 DCR 4649), and § 2(a) of the Fleet Traffic Adjudication Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-173, October 30, 1997, 44 DCR 6911).
For temporary (90 day) amendment of section, see § 2(b) of Street Sweeping Improvement Enforcement Amendment Emergency Act of 2008 (D.C. Act 17-369, May 20, 2008, 55 DCR 6087).
For temporary (90 day) amendment, see § 2(c) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 458, July 28, 2008, 55 DCR 8723).
For temporary (90 day) amendment of section, see § 6003 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 6003 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 12-76, the "Fleet Traffic Adjudication Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-297, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-231 and transmitted to both Houses of Congress for its review. D.C. Law 12-76 became effective on March 24, 1998.
For D.C. Law 13-289, see notes following § 50-401.
For Law 15-307, see notes following § 50-1331.01.
For Law 16-279, see notes following § 50-312.
For Law 17-217, see notes following § 50-2303.02a.
For Law 18-111, see notes following § 50-313.
For history of Law 19-171, see notes under § 50-921.02.
Miscellaneous Notes
Mayor authorized to issue rules: Section 3 of D.C. Law 12-76 provided that the Mayor may issue rules to implement the provisions of the act.
