Code of the District of Columbia

§ 50–2301.05. Monetary sanctions and fees.

(a) The maximum monetary sanctions that may be imposed under this chapter shall be as follows:

(1) The civil fine for an infraction shall be an amount equal to the collateral or bond established for the offense, equivalent to the infraction, by the Board of Judges of the Superior Court of the District of Columbia on the day before September 12, 1978. The Mayor may issue proposed rules, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], to propose changes to the schedule of fines. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sunday, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within this 45-day review period, the proposed rules shall be deemed approved. Notwithstanding § § 2-505(c), the Mayor may not amend the schedule of fines until the Council has approved the proposed rules or the proposed rules have been deemed approved.

(2) In addition to the civil fine, the following penalties may be imposed:

(A) In the case of a person receiving a notice of infraction who fails to answer such notice within the time specified by §§ 50-2302.05(d)(1) and 50-2303.05(d)(1), a penalty equal to the amount of the civil fine;

(B) In the case of a person receiving a notice of infraction who fails to answer such notice by the close of business on the date set for the hearing or who answers but fails without good cause to appear at such hearing, with respect to infractions under subchapter II of this chapter, a penalty equal to twice the amount of the civil fine and, with respect to infractions under subchapter III of this chapter, a penalty equal to the amount of the civil fine plus $5.

(b) A respondent may pay such fines and penalties by use of credit cards approved by the Director.

(c) The Director may permit, in his or her sole discretion, persons owing substantial fines, fees or charges to the Department to pay the amounts owed in installments at intervals as the Director may decide; and

(d) The Director may collect a fee for the filing of an appeal pursuant to §  50-1404.02.


(Sept. 12, 1978, D.C. Law 2-104, § 105, 25 DCR 1275; Aug. 1, 1985, D.C. Law 6-15, § 9, 32 DCR 3570; Apr. 27, 2001, D.C. Law 13-289, § 302(c), 48 DCR 2057; Sept. 20, 2012, D.C. Law 19-168, § 1054(b)[c], 59 DCR 8025; May 1, 2013, D.C. Law 19-307, § 106, 60 DCR 2753; July 23, 2014, D.C. Law 20-127, § 3(b), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(a), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-605.

1973 Ed., § 40-1105.

Section References

This section is referenced in § 31-2413, § 50-1401.01, § 50-1501.02, § 50-2201.03, § 50-2207.02, § 50-2302.05, § 50-2302.06, § 50-2303.04a, § 50-2303.05, and § 50-2303.06.

Effect of Amendments

D.C. Law 13-289, in subsec. (a), par. (2)(A), substituted “§ 50-2302.05(d)(1) and § 50-2303.05(d)(1)” for “§ 50-2302.03(d) and § 50-2303.05(d)”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-168 deleted the last sentence of (b), which read: “The Director may pay a reasonable percentage of monies collected to private agencies for the collection of fines, penalties and fees.”

The 2013 amendment by D.C. Law 19-307 rewrote (a)(1).

The 2014 amendment by D.C. Law 20-127 added “and fees” to the end of the section heading; made a minor stylistic change at the end of (c); and added (d).

Cross References

Compulsory/no-fault motor vehicle insurance, crimes and offenses, penalties and hearing procedures, see § 31-2413.

Motor vehicle operators’ permits, operation of vehicle by person with expired permit, penalties, see § 50-1401.01.

Applicability

Applicability of D.C.Law 22-175: § 3 of D.C.Law 22-175 provided that the change made to this section by § 2(a) of D.C.Law 22-175 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1054(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1054(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary addition of provisions concerning automated traffic enforcement, see § 101 to 105 of the Safety-Based Traffic Enforcement Emergency Amendment Act of 2012 (D.C. Act 19-635, January 19, 2013, 60 DCR 1731).

For temporary amendment of section, see § 106 of the Safety-Based Traffic Enforcement Emergency Amendment Act of 2012 (D.C. Act 19-635, January 19, 2013, 60 DCR 1731).

For temporary (90 days) addition of provisions concerning automated traffic enforcement, see § 101 to 105 of the Safety-Based Traffic Enforcement Congressional Review Emergency Act of 2013 (D.C. Act 20-50, April 22, 2013, 60 DCR 6339, 20 DCSTAT 1356).

For temporary (90 days) amendment of this section, see § 106 of the Safety-Based Traffic Enforcement Congressional Review Emergency Act of 2013 (D.C. Act 20-50, April 22, 2013, 60 DCR 6339, 20 DCSTAT 1356).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Snow Emergency Fine Increase Resolution of 1998: Pursuant to Resolution PR 12-998, deemed approved on November 28, 1998, the Council approved a proposed rule, transmitted to the Council by the Mayor, which amended Title 18 of the District of Columbia Municipal Regulations, sections 2600.1 and 2601.1, to increase fines for violations of snow emergency rules.

Applicability of D.C. Law 19-307: Section 401(a) of D.C. Law 19-307 provided that the 2013 amendment to this section shall apply as of May 1, 2013.

Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.

Resolutions

Resolution 16-352, the “International Registration Plan Enforcement Rulemaking Disapproval Resolution of 2005”, was approved effective November 1, 2005.

Resolution 16-548, the “Commercial Driver’s License and International Registration Plan Enforcement Approval Resolution of 2006”, was approved effective March 7, 2006.