Subchapter II. Moving Infractions.


  • Current through October 23, 2012
  • Notwithstanding any other provision of law, all violations of statutes, regulations, executive orders or rules relating to the operation of any vehicle in the District, including rules issued pursuant to Chapter 14 of Title 8, except those violations covered by subchapter III of this chapter or those violations excepted by §§ 50-2302.02 and 50-2302.03, shall be processed and adjudicated pursuant to the provisions of this subchapter. All violations of regulations issued by the Capitol Police Board, pursuant to § 10- 503.25(a), that if committed outside the United States Capitol grounds would be covered by this section shall be processed and adjudicated pursuant to the provisions of this subchapter.

    (Sept. 12, 1978, D.C. Law 2-104, § 201, 25 DCR 1275; Oct. 1, 1992, D.C. Law 9-173, § 2, 39 DCR 5834; May 15, 1993, D.C. Law 9-272, § 203(a), 40 DCR 796.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-611.

    1973 Ed., § 40-1109.

    Legislative History of Laws

    For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.

    Law 9-173, the "Traffic Adjudication and Motor Carrier Safety Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-501, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on June 23, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 23, 1992, it was assigned Act No. 9-271 and transmitted to both Houses of Congress for its review. D.C. Law 9-172 became effective on October 1, 1992.

    Law 9-272, the "Criminal and Juvenile Justice Reform Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-374, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 14, 1993, it was assigned Act No. 9-401 and transmitted to both Houses of Congress for its review. D.C. Law 9-272 became effective on May 15, 1993.

  • Current through October 23, 2012 Back to Top
  • The provisions of this subchapter shall not apply to the following violations, which shall continue to be prosecuted as criminal offenses:

    (1) Any felony or any misdemeanor for which the provision prohibiting the same is not codified in: (A) Title 50 of the District of Columbia Official Code; (B) Title 14 of the District of Columbia Rules and Regulations; (C) Title 32 of the District of Columbia Rules and Regulations; or (D) Highways and Traffic Regulations of the District of Columbia; provided, that upon the Mayor complying with § 2-602, and transmitting to the Council a complete and accurate draft of a District of Columbia Municipal Code, this paragraph shall stand amended upon publication of such Municipal Code to substitute in subparagraphs (B), (C) and (D) of this paragraph, the appropriate titles of such Municipal Code;

    (2) Violation of § 50-2201.04(b);

    (3) Violation of § 50-2203.01;

    (4) Violation of § 50-2201.05(a);

    (5) Violation of § 50-2201.05(b);

    (6) Violation of § 50-2207.01;

    (7) Violation of § 50-1501.04;

    (8) Violation of § 50-1401.01(d);

    (9) Violation of § 50-1403.01(e);

    (10) Violation of Commissioners' Order No. 57-1086, dated June 11, 1957 (Highway and Traffic Regulations, § 22(d)) (driving at a speed greater than 30 miles per hour in excess of the legal speed limit);

    (11) Violation of § 2.401(1) of Title 32 of the District of Columbia Rules and Regulations (failure or refusal to surrender an operator's license which has been suspended, revoked or cancelled);

    (12) Commission of any offense contained in Chapters VII or VIII of Title 32 of the District of Columbia Rules and Regulations;

    (13) Violation of § 11.701(a) of Title 32 of the District of Columbia Rules and Regulations (tampering with a locked or secured bicycle);

    (14) Violation of § 2.501 of Title 32 of the District of Columbia Rules and Regulations (acting as a driving school instructor without a license);

    (15) Violation of § 2.801 of Title 32 of the District of Columbia Rules and Regulations (operating a school bus without a permit);

    (16) Violation of § 5.201 of Title 32 of the District of Columbia Rules and Regulations (carrying on or conducting the business of a dealer without a registration);

    (17) Violation of subsection (d) of Commissioners' Order No. 66-535, dated April 21, 1966 (Highways and Traffic Regulations, § 87(d)) (unauthorized use of emergency parking permits);

    (18) Violation of § 50-1401.01(c);

    (19) Violation of 18 DCMR § 2000.2; and

    (20) Violation of § 50-2303.07(b).

    (Sept. 12, 1978, D.C. Law 2-104, § 202, 25 DCR 1275; Oct. 8, 1981, D.C. Law 4-36, § 4(a), 28 DCR 3383; Nov. 17, 1981, D.C. Law 4-52, § 3(f), 28 DCR 4348.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-612.

    1973 Ed., § 40-1110.

    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 4-36, see Historical and Statutory Notes following § 50-2301.01.

    Law 4-52 was introduced in Council and assigned Bill No. 4-270, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 28, 1981 and September 15, 1981, respectively. Signed by the Mayor on September 25, 1981, it was assigned Act No. 4-89 and transmitted to both Houses of Congress for its review.

    Editor's Notes

    Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Title 32 of the District of Columbia Rules and Regulations, referred to in (1)(C), and (11) through (16).

  • Current through October 23, 2012 Back to Top
  • (a) Except as provided in subsection (b) of this section, the provisions of this subchapter shall not apply to a person alleged to have committed an infraction who, during the 18-month period immediately preceding the date of the infraction, has been assessed 12 or more traffic points pursuant to § 2.305 of Title 32 of the District of Columbia Rules and Regulations. Such person shall be subject to criminal prosecution by the Corporation Counsel for such offense in the Superior Court of the District of Columbia and, upon conviction, shall be punished by a fine not to exceed $300 or imprisonment of up to 10 days, or both, in addition to any penalties imposed for driving after suspension or revocation.

    (b) The Director shall promptly inform the Corporation Counsel of an infraction by any person who has accumulated 12 or more traffic points pursuant to subsection (a) of this section. If the Corporation Counsel asserts jurisdiction over such person, he may be prosecuted without respect to the provisions of this chapter; provided, that if the Corporation Counsel affirmatively declines to take jurisdiction or does not assert jurisdiction over such offender within 15 calendar days of his receipt of notification by the Director of a violation by such person, such violation shall be adjudicated in the manner of civil infractions pursuant to this subchapter.

    (c) A person, over whom the Corporation Counsel asserts jurisdiction pursuant to this section, shall be notified that his infraction shall be subject to criminal prosecution. Such notification shall be sent by the Corporation Counsel by certified mail directed to the recorded address of such person. No actions or statements of the respondent made in compliance or attempted compliance with this chapter before the receipt of such notice, including but not limited to admissions or admissions with explanation, shall be admissible in any such criminal proceeding.

    (Sept. 12, 1978, D.C. Law 2-104, § 203, 25 DCR 1275.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-613.

    1973 Ed., § 40-1111.

    Legislative History of Laws

    For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.

    Editor's Notes

    Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Title 32 of the District of Columbia Rules and Regulations, referred to in (a).

  • Current through October 23, 2012 Back to Top
  • (a) The notice of infraction shall be the summons and complaint for the purposes of this subchapter. The Director shall prescribe the form of the notice of infraction and shall establish procedures for the proper administrative controls over the dispersal thereof. The notice of infraction may be the same as the uniform traffic violation notice.

    (b) The notice of infraction shall contain information advising the person to whom it is issued of the manner in which and the time within which he may answer the infraction alleged in the notice.

    (c) The notice of infraction shall advise the person to whom it is issued that his failure to answer the notice of infraction within 60 calendar days from the date of issuance or greater period established by the Director by regulation shall by operation of law result in a suspension of his District operator's permit or, in the case of a person who is not a resident of the District, his privilege to drive within the District, pending his compliance with § 50- 2302.05.

    (d) If a hearing examiner determines that a notice of infraction is defective on its face, for reasons other than compliance with subsection (c) of this section, he shall enter an order dismissing the notice of infraction and promptly notify the person to whom it was issued.

    (Sept. 12, 1978, D.C. Law 2-104, § 204, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(d), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(b), 54 DCR 903.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-614.

    1973 Ed., § 40-1112.

    Effect of Amendments

    D.C. Law 13-289, in subsec. (c), substituted "30 calendar days" for "15 calendar days"; and, in subsec. (d), substituted "on its face, for reasons other than compliance with subsection (c) of this section" for "on its face".

    D.C. Law 16-279, in subsec. (c), increased the time for which a person has to answer the notice of infraction from 30 calendar days to 60 calendar days.

    Legislative History of Laws

    For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.

    For D.C. Law 13-289, see notes following § 50-401.

    For Law 16-279, see notes following § 50-312.

  • Current through October 23, 2012 Back to Top
  • (a) In answer to a notice of infraction, a person to whom the notice was issued may:

    (1) Admit, by payment of the civil fine, the commission of the infraction; or

    (2) Deny the commission of the infraction.

    (b)(1) A person charged with a moving violation may contest the charge through an administrative hearing, except where adjudication by mail is authorized by the Director.

    (2) A motor vehicle owner or operator shall be permitted to contest by mail the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to § 31-2413(a)(3). For the purposes of contesting the charge, the owner or operator shall be permitted to present as evidence establishing that the required insurance was in effect with respect to the motor vehicle any of the following:

    (A) An Insurance Identification Card;

    (B) An insurance policy;

    (C) Any other evidence that constitutes reasonable proof that the required insurance was in effect; or

    (D) Copies of any documents described in subparagraphs (A) through (C) of this paragraph.

    (3) Unless the hearing examiner has reasonable doubt about the veracity of the evidence presented pursuant to paragraph (2)(A) and (B) of this subsection, submission of either shall be sufficient to dismiss the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to § 31-2413(a)(3).

    (c)(1)(A) A person charged with a moving violation may admit, with an explanation, the infraction by mail or in person. A person admitting an infraction shall, at the same time they submit their answer, pay the civil fine and any additional penalties established pursuant to § 50-2301.05 as may be due for failure to answer within the time required by subsection (d) of this section. Payment of the fine for the infraction shall be deemed a finding of liability.

    (B) The provisions of this section which authorize admit with an explanation for parking violations shall take effect beginning October 1, 2002.

    (2) A person admitting the infraction may include in their answer an explanation as to why points should not be assessed. A hearing examiner may, upon consideration of the explanation, order the waiver of applicable points, or authorize the deletion of the assessed points upon the satisfactory completion of driving school.

    (d) If a person fails to answer a notice of infraction within 30 calendar days of the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, a penalty equal to the amount of the fine shall be added pursuant to § 50-2301.05(a).

    (e) If a person fails to answer the notice within 60 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all points, penalties, and fines shall be assessed, and, except where the notice of infraction was issued in reliance upon an automated traffic enforcement device, the person's District of Columbia operator's permit, or the person's privilege to drive within the District in the case of a person holding an out-of-state permit, shall be suspended until payment of the penalties, fines, and a reinstatement fee.

    (f) Not more than 50 days after the notice is issued, the Director shall send by regular mail addressed to the person's address on the Department of Motor Vehicle's records notice of the outstanding notice of infraction and the effective date of the deemed admission and suspension of driving privileges. For holders of out-of-state licenses, the address in the Department of Motor Vehicle's records shall be the address available through the Washington Area Law Enforcement System, or similar interstate database containing license information from state issuing agencies, or the address displayed on the person's driver's license as presented at the time notice of infraction was issued.

    (g) A suspension resulting from a failure to answer shall remain in effect until the person answers the notice, except that once the offense is deemed admitted the suspension may only be lifted by payment of the fine for the offense and any additional penalties established pursuant to § 50-2301.05, as may be due for failure to answer within the time required by subsection (d)(1) of this section.

    (h)(1) The Director is authorized to implement amnesty programs as he or she considers necessary to encourage respondents to answer outstanding notices of infraction or pay outstanding fines. The Director shall send to the Council written notice of the intent to establish an amnesty program 45 days prior to its implementation.

    (2) An initial 6 month amnesty period shall commence on April 27, 2001, and shall be applicable to any person issued a notice of infraction for a moving violation prior to April 9, 1997. During this amnesty period, any person who admits the commission of an infraction by payment of the fine shall have all applicable penalties and points waived. Any person eligible for the amnesty program, who fails to participate in the program, shall answer all outstanding notices of infraction 60 days after the conclusion of the amnesty period, after which they shall be deemed to have admitted the commission of the offenses and all point, penalties, and fines shall be assessed.

    (3) Ninety days after the conclusion of the amnesty period described in paragraph (2) of this subsection, the Director shall provide the Council with a report detailing the results of the amnesty program. The report shall indicate, by year, the number of outstanding moving violations prior to the commencement of the amnesty program, the number of infractions for which payment was received and the total amount of the payment, the number of tickets answered during the final 60 day period, and the number of outstanding tickets remaining and the total dollar value of those tickets. Based on the findings of the amnesty program report, the District may exercise options to send unpaid tickets to a collection agency.

    (Sept. 12, 1978, D.C. Law 2-104, § 205, 25 DCR 1275; Apr. 9, 1997, D.C. Law 11-198, § 504(b), 43 DCR 4569; Apr. 27, 2001, D.C. Law 13-289, § 302(e), 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 207(a), 52 DCR 1700; June 8, 2006, D.C. Law 16-117, § 202, 53 DCR 2548; Mar. 14, 2007, D.C. Law 16- 279, § 301(c), 54 DCR 903.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-615.

    1973 Ed., § 40-1113.

    Effect of Amendments

    D.C. Law 13-289 rewrote the section, which had read:

    "(a) In answer to a Notice of Infraction, a person to whom the notice was issued may:

    "(1) Admit, by payment of the civil fine, the commission of the infraction; or

    "(2) Deny the commission of the infraction.

    "(b) Failure to answer within the time prescribed in subsection (d) of this section shall be deemed an admission to the commission of the infraction.

    "(c) Any person appearing before a hearing examiner who refuses to enter an answer shall be deemed to have denied the infraction. Payment of fine for the infraction shall be deemed a finding of liability. A person admitting that an infraction occurred shall, at the same time he submits his answer, pay the civil fine and any additional penalties established pursuant to § 50-2301.05, as may be due for failure to answer within the time required by subsection (d) of this section. In such case, such person need not appear at the hearing, unless the commission of such infraction would subject him to the suspension or revocation of his license or privilege to drive pursuant to Chapter II of Title 32 of the District of Columbia Rules and Regulations in which case he shall answer in person.

    "(d)(1) A person to whom a notice of infraction has been issued must answer within 15 calendar days of the date the notice was issued or within a greater period of time as prescribed by the Director by regulation. If a person fails to answer such notice within this period, such person's operators' permit, in the case of a resident of the District or other person with a District operators' permit, or such person's privilege to drive within the District, in the case of a nonresident or resident licensed in another jurisdiction, shall by operation of law be suspended until such person answers the notice.

    "(2) A notice of such suspension shall be personally served upon the respondent or left at his recorded address with a person of suitable age and discretion residing therein or shall be mailed by certified mail to him at his recorded address. Such suspension shall take effect 5 days after the personal service or the receipt of certified mail; provided, that refusal to accept personal service or delivery of certified mail shall be the equivalent of personal service or receipt of certified mail, if, immediately upon advice of such refusal, the Director causes a copy of the notice to be sent to the respondent by regular mail with a statement that, despite such refusal, the suspension will go into effect 5 days from the date the notice was sent by regular mail.

    "(3) A person who fails to answer within the prescribed period referred to in subsection (a) (1) of this section shall answer by personal appearance unless permitted by regulation by the Director to answer by other means."

    D.C. Law 15-307, in subsec. (f), substituted "307.7" for "307.6".

    D.C. Law 16-117, designated the existing text of subsec. (b) as par. (b)(1); and added pars. (b)(2) and (b)(3).

    D.C. Law 16-279 rewrote subsecs. (d), (e), and (f), which formerly read:

    "(d)(1) A person to whom a notice of infraction has been issued must answer within 30 calendar days of date the notice was issued or within a greater period of time as prescribed by the Director by regulation.

    "(2) If a person fails to answer the notice within this 30 day period, the person's operator's permit, in the case of a resident of the District or a person with a District operator's permit, or the person's privilege to drive within the District, in the case of a nonresident or resident licensed in another jurisdiction, shall be suspended by operation of law pursuant to subsection (f) of this section.

    "(e) If a person fails to answer the notice within 60 days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all points, penalties, and fines shall be assessed. Not more than 50 days after the notice is issued, the Director shall send, by regular mail, notice of the outstanding notice of infraction and of the impending deemed admission. The notice may be combined with the notice of suspension described in subsection (f) of this section.

    "(f) A notice of the suspension provided for in subsection (d) of this section shall be sent by regular mail to the respondent's address on the Department's records. Suspensions shall take effect 15 days after the date the notice was sent. The possession by the Department of a copy of a suspension notice addressed to a respondent, or a copy of the certificate or affidavit provided for in 18 DCMR 307.7, establishes a rebuttable presumption that the notice, as written, was received by the respondent by the date the suspension became effective."

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 504(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

    Emergency Act Amendments

    For temporary amendment of section, see § 401(a) of the Omnibus Budget Support Emergency Act of 1993 (D.C. Act 10-32, June 3, 1993, 40 DCR 3658).

    For temporary amendment of section, see § 504(b) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(b) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 504(b) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

    For temporary (90 day) establishment of adjudication process, see § 4 of Motor Vehicle Registration and Operator's Permit Issuance Enhancement Emergency Amendment Act of 2002 (D.C. Act 14-413, July 16, 2002, 49 DCR 7378).

    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 11-198, see Historical and Statutory Notes following § 50-2301.04.

    For D.C. Law 13-289, see notes following § 50-401.

    For Law 15-307, see notes following § 50-1331.01.

    Law 16-117, the "Vehicle Insurance Enforcement Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-56 which was referred to the Committee on the Judiciary.  The Bill was adopted on first and second readings on February 7, 2006, and March 7, 2006, respectively.   Signed by the Mayor on March 23, 2006, it was assigned Act No. 16-319 and transmitted to both Houses of Congress for its review.  D.C. Law 16-117 became effective on June 8, 2006.

    For Law 16-279, see notes following § 50-312.

    Editor's Notes

    Chapters 1 and 3 of Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Chapter II of Title 32 of the District of Columbia Rules and Regulations, referred to in (c).

    Miscellaneous Notes

    Section 1001 of D.C. Law 11-198 provides that titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.

  • Current through October 23, 2012 Back to Top
  • (a) Each hearing for the adjudication of a traffic infraction pursuant to this subchapter shall be held before a hearing examiner in accordance with Chapter 10 of Title 18 of the District of Columbia Municipal Regulations except as provided by this chapter. The burden of proof shall be on the District and no infraction shall be established except by clear and convincing evidence.

    (b) If a person to whom a notice of infraction has been issued fails to appear at a hearing for which he or she received notice, the hearing examiner may enter a default judgment sustaining the charges, fix the appropriate fine, assess appropriate penalties, if any, and suspend the person's license or privilege to drive in the District until the fines and penalties are paid, if the commission of the infraction is established by clear and convincing evidence. The judgment and suspension shall take effect and notice shall be given in accordance with § 50-2302.05(f). The notice shall further indicate that the default judgment may only be vacated if there is received, within 60 days of the effective date of the judgment, a written application to vacate the default that sets forth:

    (1) A sufficient defense to the charge; and

    (2) Excusable neglect as to the respondent's failure to attend the hearing.

    (c) The police officer issuing the notice of infraction shall appear at the hearing of a case wherein the respondent has denied the commission of the infraction; except, no officer is required at the hearing when a violation is detected by an automated traffic enforcement system. The police officer issuing the notice of infraction shall not be required to attend the hearing of a case wherein the respondent has admitted or has admitted with explanation the commission of the infraction unless:

    (1) The respondent requests the presence of the officer at the same time that he answers to the infraction and the hearing examiner determines that the testimony of such officer would assist his determination of the appropriate sanction to impose; or

    (2) The hearing examiner decides to require such presence.

    (d) After due consideration of the evidence and arguments presented, the hearing examiner shall determine whether the infraction has been established. Where the infraction is not established, an order dismissing the charge shall be entered. Where a determination is made that an infraction has been established or where an answer admitting the commission of the infraction or admitting the commission of the infraction with explanation has been received, an appropriate order shall be entered in the Department's records.

    (e) An order, entered pursuant to a determination that an infraction has been established or pursuant to the receipt of an answer admitting the infraction or admitting the infraction with explanation, shall be civil in nature but shall be treated as an adjudication that an infraction has been committed for the purposes of this chapter and for the purposes of the assessment of traffic points pursuant to Chapter II of Title 32 of the District of Columbia Rules and Regulations.

    (f) The hearing examiner may impose as sanctions for such infraction:

    (1) A civil fine and applicable penalties as prescribed pursuant to § 50- 2301.05;

    (2) The completion of traffic school in lieu of the assessment of the applicable points; or

    (3) Both of the preceding sanctions.

    (g) In making the determination whether an infraction is established, the hearing examiner shall not consider the traffic record of the respondent, unless so requested by the respondent. However, the hearing examiner shall consider the respondent's traffic record in determining the appropriate sanction to impose.

    (h) The hearing examiner may stay the imposition of any sanction imposed pending administrative review pursuant to part F of Chapter IX of Title 32 of the District of Columbia Rules and Regulations and subchapter IV of this chapter; provided, that the respondent posts a security in the amount of the civil fine and any penalties and, in the case where the sanction includes the suspension or revocation of his license to drive, surrenders his operator's permit to the Bureau of Traffic Adjudication. If a respondent surrenders his operator's permit, a temporary permit shall be issued pursuant to the standards set forth in § 9.202(b)(2) of Title 32 of the District of Columbia Rules and Regulations.

    (i) Except where a stay is ordered, failure to pay any assessed civil fines and penalties due within 15 calendar days after final decision shall result in suspension of a respondent's operator's permit, in the case of a resident of the District or other person with a District operator's permit, or the person's privilege to drive within the District, in the case of a nonresident or resident licensed in another jurisdiction. The suspension shall take effect and notice shall be given in accordance with § 50-2302.05(f). All civil fines and other monies collected pursuant to the provisions of this title shall be paid into the General Fund of the District.

    (Sept. 12, 1978, D.C. Law 2-104, § 206, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(f), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(d), 54 DCR 903.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 40-616.

    1973 Ed., § 40-1114.

    Effect of Amendments

    D.C. Law 13-289, in subsec. (a), substituted "Chapter 10 of Title 18 of the District of Columbia Municipal Regulations" for "Chapter IX of Title 32 of the District of Columbia Rules and Regulations";   and rewrote subsecs. (b) and (i), which had read:

    "(b) If a person to whom a notice of infraction has been issued fails to appear at a hearing where he is required to do so, the hearing examiner may suspend that person's license or privilege to drive until such person appears at a hearing or pays a civil fine pursuant to § 50-2302.05(c).   Such suspension shall take effect and notice shall be given in accordance with § 50- 2302.05(d)."

    "(i) All civil fines and other monies collected pursuant to the provisions of this title shall be paid into the General Fund of the District."

    D.C. Law 16-279, in subsec. (b), reduced the application to vacate time from within 90 days of the effective date of the judgment to from within 60 days of the effective date of the judgment; in subsec. (c), substituted "denied the commission of the infraction; except, no officer is required at the hearing when a violation is detected by an automated traffic enforcement system" for "denied the commission of the infraction"; and in subsec. (f)(2), substituted "The completion of traffic school in lieu of the assessment of the applicable points; or" for "The required completion of traffic school; or".

    Legislative History of Laws

    For legislative history of D.C. Law 2-104, see Historical and Statutory Notes following § 50-2301.01.

    For D.C. Law 13-289, see notes following § 50-401.

    For Law 16-279, see notes following § 50-312.

    Editor's Notes

    Chapter 10 of Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced Chapter IX of Title 32 of the District of Columbia Rules and Regulations, referred to in (a) and (h).

    Chapter 3 of Title 18 of the DCMR (Vehicles and Traffic) (June, 1987) has replaced the provisions governing assessment of traffic points formerly contained in Chapter II of Title 32 of the District of Columbia Rules and Regulations, referred to in (e).