Code of the District of Columbia

Chapter 23. Traffic Adjudication.


Subchapter I. General Provisions.

§ 50–2301.01. Purposes.

It is the intent of the Council of the District of Columbia (hereinafter referred to as the “Council”) in the adoption of this chapter to decriminalize and to provide for the administrative adjudication of certain violations of Title 32 of the District of Columbia Rules and Regulations (Motor Vehicle Regulations for the District of Columbia), and certain offenses codified in Title 50 of the District of Columbia Official Code, in the Highways and Traffic Regulations of the District of Columbia, and in Chapter III of Title 14 of the District of Columbia Rules and Regulations (relating to the operation of taxicabs), and to provide for the civilian enforcement of parking infractions, and thereby to establish a uniform and more expeditious system and continue to assure an equitable system for the disposition of traffic offenses.


(Sept. 12, 1978, D.C. Law 2-104, § 101, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-601.

1973 Ed., § 40-1101.

Section References

This section is referenced in § 9-1111.15, § 47-2829, § 47-2862, § 50-405.01, § 50-1501.04, § 50-2201.03, § 50-2201.04, and § 50-2201.28.

Emergency Legislation

For temporary (90 days) Southwest Waterfront parking violations, see § 2 of Southwest Waterfront Parking Enforcement Congressional Review Emergency Act of 2018 (D.C. Act 22-484, Oct. 22, 2018, 65 DCR12038).

For temporary (90 days) Southwest Waterfront parking violations, see § 2 of Southwest Waterfront Parking Enforcement Emergency Act of 2018 (D.C. Act 22-420, July 19, 2018, 65 DCR 7695).

For temporary (90 days) Southwest Waterfront parking violations, see § 2 of Southwest Waterfront Parking Enforcement Emergency Act of 2017 (D.C. Act 22-149, Oct. 18, 2017, 64 DCR 10734).

Temporary Legislation

For temporary (225 days) Southwest Waterfront parking violations, see § 2 of Southwest Waterfront Parking Enforcement Temporary Act of 2018 (D.C. Law 22-174, Oct. 30, 2018, 65 DCR 9544).

For temporary (225 days) Southwest Waterfront parking violations, see § 2 of Southwest Waterfront Parking Enforcement Temporary Act of 2017 (D.C. Law 22-41, Jan. 17, 2018, 64 DCR 12306).

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 (Motor Vehicle Regulations for the District of Columbia).

Title 18A of the DCMR (Taxicabs and Vehicles for Hire) (October, 1987) has replaced Title 14 of the District of Columbia Rules and Regulations (relating to operation of taxicabs).


§ 50–2301.02. Definitions.

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 operated by 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.)

Prior Codifications

1981 Ed., § 40-602.

1973 Ed., § 40-1102.

Section References

This section is referenced in § 50-1621 and § 50-2201.02.

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).

Expiration of Law

Expiration of Law 14-235

Section 14 of D.C. Law 14-235 provided that the act shall expire on October 1, 2005.

Emergency Legislation

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).

Temporary Legislation

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).

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.


§ 50–2301.03. Bureau of Traffic Adjudication and Bureau of Parking and Enforcement established. [Repealed]

Repealed.


(Sept. 12, 1978, D.C. Law 2-104, § 103, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(b), 48 DCR 2057.)

Prior Codifications

1981 Ed., § 40-603.

1973 Ed., § 40-1103.

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.


§ 50–2301.04. Hearing examiners.

(a) The Director shall appoint and prescribe the duties of a Chief Hearing Examiner and other hearing examiners as are necessary to implement the provisions of this chapter. The Chief Hearing Examiner and each hearing examiner appointed pursuant to this section shall serve as career service employees in accordance with § 1-608.01.

(b) The hearing examiners, in addition to the powers granted them by Chapter IX of Title 32 of the District of Columbia Rules and Regulations, shall have the following powers:

(1) To determine in prescribed cases whether a member of the Metropolitan Police Department or the Department of Transportation shall be called as a witness in an adjudication pursuant to subchapters II and III of this chapter;

(2) To impose sanctions for infractions under subchapter II of this chapter including:

(A) Monetary fines and penalties;

(B) The required attendance at traffic school; and

(C) The suspension of operators’ permits pending the payment of monetary fines and penalties or the successful completion of traffic school;

(3) To impose monetary fines and penalties for infractions under subchapter III of this chapter;

(4) Repealed;

(5) To suspend the imposition of traffic violation points (other than those based upon offenses listed in § 50-2302.02) conditioned upon:

(A) Good driving behavior; and

(B) The successful completion of traffic school or other rehabilitative measures.

(6) Repealed.


(Sept. 12, 1978, D.C. Law 2-104, § 104, 25 DCR 1275; Mar. 14, 1984, D.C. Law 5-66, § 2, 31 DCR 214; May 22, 1984, D.C. Law 5-83, § 2, 31 DCR 1683; Sept. 10, 1992, D.C. Law 9-148, § 2, 39 DCR 4915; Mar. 17, 1993, D.C. Law 9-206, § 2, 40 DCR 12; Apr. 9, 1997, D.C. Law 11-198, § 504(a), 43 DCR 4569; Mar. 14, 2007, D.C. Law 16-279, § 301(a), 54 DCR 903; July 23, 2014, D.C. Law 20-127, § 3(a), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-604.

1973 Ed., § 40-1104.

Section References

This section is referenced in § 31-2413 and § 50-1401.01.

Effect of Amendments

D.C. Law 16-279, in subsec. (b), repealed par. (6), which formerly read:

“(6) To adjudicate notices of civil infractions issued to taxicab operators or owners pursuant to 31 DCMR 825 including the power to:

“(A) Preside over a hearing in a contested matter;

“(B) Compel the attendance of a witness by subpoena, administer an oath, take testimony of a witness under oath, and dismiss, rehear, or continue a case; and

“(C) Issue a proposed decision including the imposition of a fine for a civil infraction set forth in 31 DCMR 825.”

The 2014 amendment by D.C. Law 20-127 repealed (b)(4).

Cross References

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

District of Columbia administration, employment, advancement and retention of employees, see § 1-608.01.

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

Emergency Legislation

For temporary amendment of section, see § 504(a) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(a) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October29, 1996, 43 DCR 6151), and § 504(a) 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 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).

Temporary Legislation

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).

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.

Editor's Notes

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.


§ 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.


§ 50–2301.06. Time computation.

In computing any period of time prescribed or allowed by this chapter, the day of the act, event or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.


(Sept. 12, 1978, D.C. Law 2-104, § 106, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-606.

1973 Ed., § 40-1106.


§ 50–2301.07. Regulations.

The Director is authorized to promulgate regulations necessary to carry out the purposes of this chapter.


(Sept. 12, 1978, D.C. Law 2-104, § 107, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-607.

1973 Ed., § 40-1107.

Section References

This section is referenced in § 50-2305.02.


§ 50–2301.08. Report to Council.

By June 30th of each year, the Mayor shall submit to the Council a report on parking and traffic enforcement for the previous calendar year. The report shall include, but not be limited to, the following:

(1) The number of persons hired as hearing examiners:

(A) The level of compensation for each hearing examiner;

(B) The length of time each hearing examiner has served in that capacity; and

(C) The qualifications for hearing examiners;

(2) The number of notices of infraction issued:

(A) The number of notices of infraction issued for moving infractions;

(B) The number of notices of infraction issued for parking, standing, stopping and pedestrian infractions; and

(C) The number of notices of infraction issued by each agency authorized to issue notices of infraction;

(3) The number of answers filed for moving infractions:

(A) The number of “admit” answers filed for moving infractions:

(i) The number of hearings held for respondents who admit the commission of moving infractions; and

(ii) The number of suspensions and revocations of respondents who admit the commission of moving infractions;

(B) The number of “admit with explanation” answers filed for moving infractions; the number of suspensions and revocations of respondents who admit with explanation the commission of a moving infraction;

(C) The number of “deny” answers filed for moving infractions:

(i) The number of determinations of liability of respondents who deny the commission of moving infractions;

(ii) The number of dismissals of respondents who deny the commission of moving infractions; and

(iii) The number of suspensions and revocations of respondents who deny the commission of moving infractions;

(D) The number of suspensions for failure to answer notices of infraction; and

(E) The number of suspensions for failure to appear at a hearing;

(4) The number of answers filed for parking, standing, stopping and pedestrian infractions:

(A) The number of “admit” answers filed for parking, standing, stopping and pedestrian infractions;

(B) The number of “admit with explanation” answers filed for parking, standing, stopping and pedestrian infractions; and

(C) The number of “deny” answers filed for parking, standing, stopping and pedestrian infractions:

(i) The number of determinations of liability of respondents who deny the commission of parking, standing, stopping and pedestrian infractions; and

(ii) The number of dismissals of respondents who deny the commission of parking, standing, stopping and pedestrian infractions;

(5) The number of notices of infraction for which sanctions are imposed:

(A) The number of notices of infraction for which a civil fine is imposed;

(B) The number of notices of infraction for which a penalty is imposed; and

(C) The number of notices of infraction for which attendance at traffic school is required;

(6) The number of notices of infraction issued to lessors covered under § 50-2303.04:

(A) The penalties and fines imposed for infractions under § 50-2303.04;

(B) The penalties and fines actually paid under § 50-2303.04;

(C) The number of outstanding infractions under § 50-2303.04; and

(D) The amount of fines and penalties outstanding under § 50-2303.04;

(7) The number of appeals filed with the appeals boards:

(A) The number of decisions set aside by appeals boards;

(B) The number of decisions affirmed by appeals boards;

(C) The list of attorneys available for service on appeals boards;

(D) The list of citizens available for service on appeals boards; and

(E) A list of each appeals board appointed by the Director;

(8) The number of appeals filed with the Superior Court of the District of Columbia:

(A) The number of decisions set aside by the Superior Court of the District of Columbia; and

(B) The number of decisions affirmed by the Superior Court of the District of Columbia;

(9) The number of appeals filed with the District of Columbia Court of Appeals:

(A) The number of decisions set aside by the District of Columbia Court of Appeals; and

(B) The number of decisions affirmed by the District of Columbia Court of Appeals;

(10) The number of vehicles towed and booted:

(A) The number of vehicles towed;

(B) The number of vehicles booted;

(C) The average cost of each tow; and

(D) The average cost of each booting;

(11) The total revenues generated by this chapter:

(A) The total collected in fines and penalties;

(B) The total collected in towing fees; and

(C) The total collected in booting fees; and

(12) The number of requests for reconsideration filed after an initial finding of liability:

(A) The number of violations dismissed after reconsideration; and

(B) The number of violations affirmed after reconsideration.


(Sept. 12, 1978, D.C. Law 2-104, § 108, 25 DCR 1275; July 23, 2014, D.C. Law 20-127, § 3(c), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-608.

1973 Ed., § 40-1108.

Effect of Amendments

The 2014 amendment by D.C. Law 20-127 added (12) and made related changes.

Emergency Legislation

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

Applicability of D.C. Law 20-127: 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.

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.


§ 50–2301.09. Department review of records.

(a) When requesting information to send notice of an outstanding notice of infraction as required under §§ 50-2302.05(f) and 50-2303.05(d)(2), the Department shall retrieve from its records the registered owner or lessee’s full name, address, vehicle make and model, and status as to whether the motor vehicle tag is active or inactive. For notices sent regarding motor vehicles registered in an out-of-state jurisdiction, the Department shall request the information from the relevant state motor vehicle agency.

(b) Before sending a notice required under §§ 50-2302.05(f) and 50-2303.05(d)(2), the Department shall review the information described in subsection (a) of this section to determine whether the notice of infraction was properly issued. The Department shall dismiss an infraction if the information materially conflicts with identifying information about a vehicle or tag provided in the notice of infraction.


(Sept. 12, 1978, D.C. Law 2-104, § 109; as added July 23, 2014, D.C. Law 20-127, § 3(d), 61 DCR 5711.)

Emergency Legislation

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).

Legislative History

Legislative history of Law 20–127

See note to § 50-2301.04.

Editor's Notes

Applicability of D.C. Law 20-127: 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.

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.


§ 50–2301.10. Reports to Department of Public Works and the District Department of Transportation.

(a) Before the 10th day of each month, the Department shall transmit a report to the Department of Public Works ("DPW") and the District Department of Transportation ("DDOT") with the following information from the previous month:

(1) The number of answers filed for parking infractions, including:

(A) The number of "admit" answers, including ticket payments, filed for parking infractions;

(B) The number of "admit with explanation" answers filed for parking infractions; and

(C) The number of "deny" answers filed for parking infractions, including:

(i) The number of determinations of liability of respondents who deny the commission of parking infractions; and

(ii) The number of dismissals of respondents who deny the commission of parking infractions;

(2) The most common reasons for the dismissal of respondents who deny the commission of parking infractions;

(3) The badge numbers of the officers whose notices of infraction most frequently resulted in the dismissal of respondents who deny the commission of parking infractions;

(b) On a quarterly basis, the Department shall transmit a report to DPW and DDOT describing relevant trends in parking infraction adjudication and dismissals of respondents who deny the commission of parking infractions.


(Sept. 12, 1978, D.C. Law 2-104, § 110; as added June 22, 2016, D.C. Law 21-124, § 201, 63 DCR 7076.)


§ 50–2301.11. Study of parking infraction adjudication.

Before January 2, 2017, the Mayor shall transmit to the Chairperson of the Council committee with oversight of transportation a report and recommendation as to whether the adjudication of parking infractions should be transferred from the Department to a different entity, such as the Office of Administrative Hearings or the District Department of Transportation. The report shall review best practices in other jurisdictions and examine issues such as staffing levels, timeliness of decisions, caseloads, and qualifications of hearing examiners.


(Sept. 12, 1978, D.C. Law 2-104, § 111; as added June 22, 2016, D.C. Law 21-124, § 201, 63 DCR 7076.)


Subchapter II. Moving Infractions.

§ 50–2302.01. Applicability.

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.)

Prior Codifications

1981 Ed., § 40-611.

1973 Ed., § 40-1109.

Section References

This section is referenced in § 1-629.05 and § 47-2862.

Editor's Notes

For an amendment to the requirement of the submission of a report and recommendations as to whether emergency vehicles should be equipped with cameras to better enforce regulations associated with the failure to yield to emergency vehicles, see § 2(g) of D.C. Law 22-77.

For requirement of the submission of a report and recommendations as to whether emergency vehicles should be equipped with cameras to better enforce regulations associated with the failure to yield to emergency vehicles, see § 609 of D.C. Law 21-155.

For requirement of the submission of a report and recommendations as to whether the District should implement a remediation and deferred disposition program, see § 603 of D.C. Law 21-155.


§ 50–2302.02. Exceptions.

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) Repealed;

(2A) Violation of § 50-2201.04(b-1);

(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 [repealed];

(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; June 8, 2013, D.C. Law 19-316, § 3, 60 DCR 1713.)

Prior Codifications

1981 Ed., § 40-612.

1973 Ed., § 40-1110.

Section References

This section is referenced in § 50-921.04, § 50-2301.04, § 50-2302.01, and § 50-2303.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-316 repealed (2); and added (2A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of the Reckless Driving Emergency Act of 2013 (D.C. Act 20-75, May 23, 2013, 60 DCR 7597, 20 DCSTAT 1428).

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).

Section 8 of D.C. Law 19-316 provided that the act shall apply as of June 1, 2013.


§ 50–2302.03. Exception for serious offenders.

(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 of not more than the amount set forth in § 22-3571.01 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; June 11, 2013, D.C. Law 19-317, § 275(a), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-613.

1973 Ed., § 40-1111.

Section References

This section is referenced in § 50-2302.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in § 22-3571.01” for “not to exceed $300” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 275(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

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).

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 50–2302.04. Notice of infraction.

(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) Repealed.

(c-1) Not Funded.

(d) If a hearing examiner determines that a notice of infraction is defective on its face, 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; July 23, 2014, D.C. Law 20-127, § 3(e), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(b), 65 DCR 9546.)

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.

The 2014 amendment by D.C. Law 20-127 deleted “for reasons other than compliance with subsection (c) of this section” following “on its face” in (d).

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(b) 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 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

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.


§ 50–2302.05. Answer.

(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;

(1A) Admit with an explanation; or

(2) Deny the commission of the infraction.

(b)(1) A person charged with a moving violation may contest the charge by mail, through the Department’s website, or through a personal appearance scheduled by appointment; provided, that a person charged with a violation that was detected by an automated traffic enforcement system pursuant to § 50-2209.01 may contest the charge by mail, through the Department’s website, or by appearing on a walk-in basis during regular business hours at a location designated by the Department.

(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 person admitting an infraction shall, at the same time the person submits an 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.

(2) A person admitting an infraction with an explanation shall submit payment of the civil fine and any additional penalties established pursuant to § 50-2301.05 with the explanation as to why the fine or penalty should be reduced or points should not be assessed. A hearing examiner may, upon consideration of the explanation, order the reduction of the fine or penalty or 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.

(e-1) Not Funded.

(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. 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) Repealed.

(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) Repealed.

(3) Repealed.

(i)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a deemed admission pursuant to subsection (e) of this section may be vacated if the Department receives a written application by mail or through the Department's website within 60 calendar days of the date of the deemed admission that sets forth:

(A) A sufficient defense to the charge; and

(B) Excusable neglect for failing to answer within the time period provided for in subsection (e) of this section.

(2) If the infraction underlying a deemed admission pursuant to subsection (e) of this section involves a violation of § 31-2413(a)(3), the deemed admission may be vacated if the Department receives a written application by mail or through the Department's website within one year of the date of the admission and the application need state only a sufficient defense to the charge as set forth in subsection (b)(2) of this section.

(3) If the infraction underlying a deemed admission pursuant to subsection (e) of this section involves a violation detected by an automated traffic enforcement system pursuant to § 50-2209.01, the deemed admission may be vacated if the Department receives a written application by mail or through the Department's website within one year of the date of the admission and the application need state only a sufficient defense to the charge as set forth in § 50-2209.02(a), that the respondent was not the owner or lessee of the cited vehicle at the time of the infraction, or the registration plates were stolen from the cited vehicle at the time of the infraction.

(4) If the infraction underlying a deemed admission pursuant to subsection (e) of this section involves a violation of §§ 50-1731.03, 50-1731.04, and 50-1731.05, the deemed admission may be vacated if the Department receives a written application by mail or through the Department's website within one year of the date of the admission and the application need state only a sufficient defense to the charge of the admission as set forth in § 50-1731.06(a).

(j) The filing of an application under subsection (i) of this section shall not stay any charges, fines, penalties, or points; provided, that if the infraction underlying the deemed admission is dismissed, any charges, fines, or penalties paid shall be reimbursed and points assessed may be vacated.


(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; July 23, 2014, D.C. Law 20-127, § 3(f), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(c), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-615.

1973 Ed., § 40-1113.

Section References

This section is referenced in § 50-2207.02, § 50-2301.05, § 50-2302.04, § 50-2302.06, § 50-2303.04, § 50-2303.06, and § 50-2421.07.

Effect of Amendments

D.C. Law 13-289 rewrote the section.

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

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).

The 2014 amendment by D.C. Law 20-127 made a stylistic change in the introductory language of (a)(1); added (a)(1)(A); rewrote (b)(1), (c)(1) and (c)(2); repealed (h)(2) and (h)(3); and added (i) and (j).

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(c) 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 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).

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).

Temporary Legislation

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).

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).

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

Applicability of D.C. Law 20-127: 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.


§ 50–2302.06. Hearing.

(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)(1) 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, if the commission of the infraction is established by clear and convincing evidence. The judgment 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:

(A) A sufficient defense to the charge; and

(B) Excusable neglect as to the respondent’s failure to attend the hearing.

(2) If the infraction underlying the default judgment involves a violation of §  31-2413(a)(3), the notice provided shall state that the default judgement may be vacated if the Department receives by mail or through the Department’s website, within one calendar year of the date of the judgement, a written application to vacate the default judgement that sets forth:

(A) A sufficient defense to the charge as described in §  50-2302.05(b)(2); or

(B) Excusable neglect as to the respondent’s failure to attend the hearing.

(3) If the infraction underlying the default judgment involves a violation of Chapter 17A of this title [§  50-1731.01 et seq.], the notice provided shall state that the default judgement may be vacated if the Department receives by mail or through the Department’s website, within one year of the date of the judgement, a written application to vacate the default judgement that sets forth:

(A) A sufficient defense to the charge as described in §  50-1731.06(a); or

(B) 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. Where a determination has been made that the infraction has been established, the Department shall provide written notice of the decision to the respondent, including an accompanying explanation of why any evidence provided was insufficient.

(d-1)(1) The following facts shall be judicially noticed in a proceeding governed by the provisions of this title:

(A) Facts that the courts of the District of Columbia find judicially cognizable;

(B) Generally recognized technical or specialized facts within the knowledge and experience of the hearing examiners of the Department;

(C) Facts contained in the records and files of the Department; and

(D) Any other matter or document that a hearing examiner finds is properly the subject of judicial notice.

(2) A fact contained in a document belonging to a category enumerated in paragraph (1) of this subsection shall be considered to have been physically incorporated into and made part of the record in a proceeding.

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


(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; July 23, 2014, D.C. Law 20-127, §3(g), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(d), 65 DCR 9546.)

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”.

The 2014 amendment by D.C. Law 20-127 rewrote (b); added the last sentence in (d); added (d-1); and substituted “30 calendar days” for “15 calendar days” in (i).

Cross References

Motor vehicle child restraints, adjudication of violations, see § 50-1706.

Emergency Legislation

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

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).

Applicability of D.C. Law 20-127: 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.


§ 50–2302.07. Restriction on collecting fines after 10 years. [Not Funded]

Not Funded.


(Sept. 12, 1978, D.C. Law 2-104, § 207; as added Oct. 30, 2018, D.C.Law 22-175, § 2(e), 65 DCR 9546.)

Applicability

Applicability of D.C.Law 22-175: § 3 of D.C.Law 22-175 provided that the creation of this section by § 2(e) 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.


§ 50–2302.08. Reinstatement of suspended licenses.

Within 30 days after the October 30, 2018, the Department shall reinstate a person's license, or privilege to drive within the District in the case of a person holding an out-of-state permit, if the person's license, or privilege to drive in the District, was suspended due to failure to pay any civil fines or penalties assessed pursuant to this subchapter or failure to appear at a hearing under § 50-2302.06(b).


(Sept. 12, 1978, D.C. Law 2-104, § 208; as added Oct. 30, 2018, D.C.Law 22-175, § 2(e), 65 DCR 9546.)


Subchapter III. Parking, Standing, Stopping and Pedestrian Infractions.

§ 50–2303.01. Applicability.

Notwithstanding any other provision of law, all violations of statutes, regulations, executive orders or rules relating to parking, standing, stopping or pedestrian offenses within the District shall be processed and adjudicated pursuant to the provisions of this subchapter, except as provided in §§ 50-2302.02(19) and 50-2303.02. 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, § 301, 25 DCR 1275; May 15, 1993, D.C. Law 9-272, § 203(b), 40 DCR 796; May 24, 1996, D.C. Law 11-130, § 4, 43 DCR 1570.)

Prior Codifications

1981 Ed., § 40-621.

1973 Ed., § 40-1115.

Section References

This section is referenced in § 1-629.05.


§ 50–2303.02. Exceptions for serious offenders.

(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 a parking, standing, or stopping infraction who, during the 18 months immediately preceding the date of the infraction, has been assessed in excess of $750 in fines, including any penalties imposed by law for failure to timely pay such fines. 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 of not more than the amount set forth in § 22-3571.01 or imprisonment of up to 10 days, or both, for each infraction.

(b) The Director shall promptly inform the Corporation Counsel of an infraction by any person who has accumulated in excess of $750 in fines 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 as a civil infraction 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 treated as a criminal matter. 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, § 302, 25 DCR 1275; June 11, 2013, D.C. Law 19-317, § 275(b), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-622.

1973 Ed., § 40-1116.

Section References

This section is referenced in § 50-2303.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in § 22-3571.01” for “not to exceed $300” in (a).

Emergency Legislation

For temporary (90 day) addition, see § 2(a) 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 days) amendment of this section, see § 275(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 50–2303.02a. Automated parking enforcement system.

(a) For the purposes of this subchapter, the term “automated parking enforcement system” means equipment that takes a film or digital camera-based photograph which is linked with a violation detection system that synchronizes the taking of a photograph with the occurrence of a parking infraction. Recorded images taken by an automated parking enforcement system are prima facie evidence of an infraction and may be submitted without authentication.

(b) The Mayor is authorized to use an automated parking enforcement system to detect parking infractions. Violations detected by an automated parking enforcement system shall constitute parking violations. Proof of an infraction may be evidenced by information obtained through the use of an automated parking enforcement system.

(c) Notwithstanding other provisions of law or regulation, citations resulting from an automated parking enforcement system shall be limited to warning citations during the first 45 days that automated parking enforcement is used on any given street sweeper route. The automated parking enforcement system program shall not be implemented until a warning citation is developed and a warning citation process is put in place.


(Sept. 12, 1978, D.C. Law 2-104, § 302; as added Aug. 15, 2008, D.C. Law 17-217, § 2(a), 55 DCR 7513.)

Temporary Legislation

For temporary (225 day) addition, see § 2(a) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).


§ 50–2303.03. Notice of infraction.

(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 to the infraction alleged in the notice. Such notice shall also contain a warning to advise the person cited that failure to answer in the manner and time provided shall result in additional monetary penalties and that failure to appear at the hearing shall be deemed an admission of liability and that a default judgment may be entered thereon. A duplicate of each notice of infraction shall be served on the person to whom it is issued as provided in subsection (c) of this section. The original or a facsimile thereof shall be filed with the Department and retained by the Department and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.

(c) Except as provided in subsection (c-1) of this section, a notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing the notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of the vehicle together with the make or model of the vehicle.

(c-1) When a violation is detected by an automated parking enforcement system, the Mayor shall mail a notice of infraction to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency. The notice shall include:

(1) The date, time, and location of the violation;

(2) The type of violation detected;

(3) The license plate number and state of license plate issuance of the vehicle detected; and

(4) A copy of the photo or digitized image of the violation.

(c-2) Service of the notice of infraction, or a duplicate, by affixation or by mail shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.

(d) For purposes of this section, an operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notices of infraction, whether personally served on such operator or served by affixation, and service made in either manner shall also be deemed to be lawful service upon such owner.

(e) If a hearing examiner determines that a notice of infraction is defective on its face, for reasons other than compliance with subsection (b) 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, § 303, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(g), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(e), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(b), 55 DCR 7513.)

Prior Codifications

1981 Ed., § 40-623.

1973 Ed., § 40-1117.

Section References

This section is referenced in § 1-629.05.

Effect of Amendments

D.C. Law 13-289, in subsec. (e), substituted “on its face, for reasons other than compliance with subsection (b)” for “on its face”.

D.C. Law 16-279 rewrote subsec. (c), which formerly read:

“(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service and his name, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the make or model of such vehicle, shall be inserted therein. If the operator is not present, the notice of infraction shall be served upon the owner of the vehicle by affixing such notice to such vehicle in a conspicuous place, by inserting the word “owner” in the space provided for identification of such person and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of such vehicle. Service of the notice of infraction or a duplicate thereof by affixation, as herein provided, shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.”

D.C. Law 17-217 rewrote subsec. (c) and added subsecs. (c-1) and (c-2). Prior to amendment, subsec. (c) read as follows: “(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing such notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of the vehicle. Service of the notice of infraction or a duplicate thereof by affixation shall have the same force and effect, and the infraction shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) 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(b) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-458, July 28, 2008, 55 DCR 8723).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).


§ 50–2303.04. Civil liability.

(a)(1) The operator of a vehicle shall be primarily liable for the civil penalties imposed pursuant to this subchapter. The owner or lessee of the vehicle, even if not the operator thereof, shall also be liable, unless the owner or lessee can show that the vehicle was used without the owner’s or lessee’s express or implied permission.

(2) An owner or lessee who pays a civil fine or penalties pursuant to this subchapter shall have the right to seek recovery of the amount of the fines and penalties from the operator and shall have a cause of action against the operator of the vehicle for those amounts.

(b) Where a lessor of a vehicle has paid a fine or penalty for which the lessor is liable and the Department thereafter collects from the person to whom the vehicle was rented or leased the amount of the scheduled fine and penalties, or any portion thereof, the lessor shall be entitled to reimbursement from the Department of the amount of the fines and penalties paid by the lessee, less the Department’s cost of collection.

(c) Where a lessor of a vehicle is liable for an infraction, the lessor’s answers to the notice of the infraction mailed to the lessor shall be consistent with § 50-2302.05. The lessor’s failure to answer the notice of infraction within 30 days after mailing shall result in the imposition of monetary penalties established by § 50-2302.05, in addition to the potential civil fine for the infraction. If the lessor fails to answer the notice of infraction within 60 days, the lessor shall be deemed liable for the violation and the civil fine shall also be imposed.


(Sept. 12, 1978, D.C. Law 2-104, § 304, 25 DCR 1275; Apr. 8, 2005, D.C. Law 15-307, § 207(b), 52 DCR 1700; Oct. 30, 2018, D.C.Law 22-175, § 2(f), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-624.

1973 Ed., § 40-1118.

Section References

This section is referenced in § 50-2301.08.

Effect of Amendments

D.C. Law 15-307 rewrote the section which had read:

“(a) The operator of a vehicle shall be primarily liable for the civil penalties imposed pursuant to this subchapter. Subject to the provisions of subsections (b) and (c) of this section, the owner of the vehicle, even if not the operator thereof, shall also be liable therefor, unless he can show that such vehicle was used without his permission, express or implied. An owner who pays any civil fine or penalties pursuant to this subchapter shall have the right to recover same from the operator and shall have a cause of action against the operator of the vehicle for such amount paid.

“(b) The lessor of a vehicle shall not be liable for fines or penalties imposed for an infraction pursuant to this subchapter if:

“(1) Prior to the infraction, the lessor has filed with the Bureau the license plate number and state of registration of the vehicle to which the notice of infraction was issued; and

“(2) Within 30 days after receiving notice from the Bureau of the date and time of an infraction, as well as other information contained in the original notice of infraction, the lessor submits to the Bureau the correct name and address of the person to whom the vehicle identified in the notice of infraction was rented or leased at the time of the infraction and the lessor notifies such person by mail of the notice of infraction.

“(c) Where the lessor has paid any fine or penalty for which he is liable and the Bureau thereafter collects from the person to whom the vehicle was rented or leased the amount of the scheduled fine and penalties owed by such person, or any portion thereof, the lessor shall be entitled to reimbursement from the Bureau of the amount of the fines and penalties paid by the lessor, less the Bureau’s cost of collection.

“(d) Where the lessor is liable for an infraction, he shall not be liable for penalties in excess of the standard civil fine unless the lessor fails to answer within 15 calendar days of his actual receipt of the notice of infraction.”

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(f) 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.


§ 50–2303.04a. Fleet reconciliation program.

(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.)

Prior Codifications

1981 Ed., § 40-624.1.

Section References

This section is referenced in § 50-2201.03.

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 heading and subsec. (b), substituted “reconciliation” for “adjudication”.

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (e); redesignated the subsection (f) added by D.C. Law 18-111 as (e-1); and thereby restored former (f).

Emergency Legislation

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).

Temporary Legislation

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).

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).

Editor's 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.


§ 50–2303.05. Answer.

(a)(1) In answer to a notice of infraction, a person to whom the notice was issued may:

(A) Admit, by payment of the civil fine and any related vehicle conveyance fee, the commission of the infraction;

(A-i) Admit with explanation; or

(B) Deny the commission of the infraction.

(2) A person charged with a parking violation may contest the charge through an adjudication by mail, through the Department's website, or through a personal appearance at a hearing limited to one or more of the following grounds with appropriate evidence to support:

(A) That the respondent was not the owner or lessee of the cited vehicle at the time of the infraction;

(B) That the cited vehicle or its state registration plates were stolen at the time of the violation occurred;

(C) That the relevant signs prohibiting or restricting parking were missing or obscured;

(D) That the relevant parking meter was inoperable or malfunctioned through no fault of the respondent;

(E) That the facts alleged on the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated;

(F) That the vehicle was suddenly mechanically disabled; provided, that the vehicle was removed as soon as practicable; or

(G) That the operator suddenly needed immediate medical assistance.

(b) A person to whom a notice of infraction has been issued may answer by personal appearance, by mail, or through the Department's website.

(c) A person admitting the commission of an infraction shall, at the same time the person submits an answer, pay the civil fine, any related vehicle conveyance fee assessed by the District, 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 without appearing at the hearing.

(c-1) A person admitting the commission of an infraction with an explanation may include in the answer an explanation as to why the fine or penalty should be reduced. A hearing examiner may, upon consideration of the explanation, order the reduction of the fine or penalty.

(d)(1) A person to whom a notice of infraction has been issued shall answer 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. Failure to answer the notice within this period shall result in the imposition of monetary penalties established by § 50-2301.05, in addition to the potential civil fine for the infraction and any related vehicle conveyance fee.

(2) If a person fails to answer within 60 days, 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 penalties, fines, and any vehicle conveyance fees shall be assessed. Not more than 50 days after the notice is issued, the Director shall send, by regular mail, to the address in the Department of Motor Vehicles’ records, if such address was supplied to the Department of Motor Vehicles, notice of the outstanding notice of infraction and of the impending deemed admission. This subsection shall not apply to any participant in the fleet adjudication program.

(3) Not Funded.

(e) Repealed.

(f) Except as set forth in subsection (g) of this section, a deemed admission pursuant to subsection (d)(2) of this section by a person not participating in the fleet reconciliation program may be vacated if the Department receives by mail or through the Department's website, within 60 calendar days of the date of the admission, a written application to vacate; provided, that if the individual's motor vehicle has been immobilized or impounded pursuant to §  50-2201.03(k), or the individual is unable to obtain a license or permit pursuant to §  47-2862(a)(1)(C) or (F) or (a)(6), an application may be submitted by mail, through the Department's website, or in person and shall include:

(1) A sufficient defense to the charge as set forth in subsection (a)(2) of this section; and

(2) Excusable neglect for failing to answer within the time period provided for in subsection (d) of this section.

(g) A deemed admission pursuant to subsection (d)(2) of this section by a person not participating in the fleet reconciliation program may be vacated if the Department receives by mail or through the its website within one year of the date of the admission, a written application to vacate that sets forth a sufficient defense to the charge as described in subsection (a)(2)(A) or (B) of this section; provided, that if the individual's motor vehicle has been immobilized or impounded pursuant to §  50-2201.03(k), or the individual is unable to obtain a license or permit pursuant to §  47-2862(a)(1)(C) or (F) or (a)(6), an application may be submitted by mail, through the Department's website, or in person.


(Sept. 12, 1978, D.C. Law 2-104, § 305, 25 DCR 1275; Apr. 9, 1997, D.C. Law 11-198, § 504(c), 43 DCR 4569; March 24, 1998, D.C. Law 12-76, § 2(b), 45 DCR 481; Apr. 27, 2001, D.C. Law 13-289, § 302(i), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(g), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 4(b), 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(b), 56 DCR 1117; July 23, 2014, D.C. Law 20-127, § 3(h), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(g), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-625.

1973 Ed., § 40-1119.

Section References

This section is referenced in § 50-331, § 50-2201.03, § 50-2301.05, and § 50-2303.06.

Effect of Amendments

D.C. Law 13-289 validated a previously made change and rewrote subsec. (d).

D.C. Law 16-279, in subsec. (a), par. (2), added subpars. (F), and (G); in subsec. (b), substituted “telephone, email, or through the Department’s website” for “telephone”; in subsec. (d), par. (2), substituted “mail, to the address in the Department of Motor Vehicles’ records, if such address was supplied to the Department of Motor Vehicles,” for “mail”; and added subsec. (f).

D.C. Law 17-303, in subsec. (a)(1)(A), substituted “civil fine and any related vehicle conveyance fee” for “civil fine”; in subsec. (c), substituted “civil fine, any related vehicle conveyance fee assessed by the District,” for “civil fine”; in subsec. (d)(1), inserted “and any related vehicle conveyance fee”; and, in subsec. (d)(2), substituted “penalties, fines, and any vehicle conveyance fees” for “penalties and fines”.

D.C. Law 17-353 made a technical amendment to the enacting clause of D.C. Law 16-279, § 301(g), which did not change the text of the section.

The 2014 amendment by D.C. Law 20-127 made a minor stylistic change in (a)(1)(A) and added (a)(1)(A-i); substituted “by mail, or through the Department’s website” for “or by mail. Answers by telephone, email, or through the Department’s website may be permitted by regulation” in (b); substituted “the person submits an answer” for “he submits an answer” in (c); added (c-1); repealed (e); rewrote the introductory language of (f); added “as set forth in subsection (a)(2) of this section” in (f)(1); and added (g).

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(g) 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 amendment of section, see § 504(c) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 504(c) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), § 504(c) 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), § 2(b) of the Traffic Adjudication Fleet Adjudication Emergency Amendment Act of 1997 (D.C. Act 12-122, August 1, 1997, 44 DCR 4649), and § 2(b) 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 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 503(c) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

For temporary (225 day) amendment of section, see § 2(b) of Fleet Traffic Adjudication Temporary Amendment Act of 1997 (D.C. Law 12-49, February 27, 1998, law notification 45 DCR 1510).

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.

Editor's 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.

Applicability of D.C. Law 20-127: 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.


§ 50–2303.06. Hearing.

(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 in this chapter.

(b) The burden of proof shall be upon the District, and no infraction may be established except upon proof by a preponderance of the evidence.

(c) Repealed.

(d) Repealed.

(e) Repealed.

(f) After due consideration of the evidence and arguments, the hearing examiner shall determine whether the infraction has been established. Where the infraction is not established, an order dismissing the charges 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. Where a determination has been made that the infraction has been established, the Department shall provide written notice of the decision to the respondent, including an accompanying explanation of why any evidence provided was insufficient.

(f-1)(1) The following facts shall be judicially noticed in all proceedings governed by the provisions of this subchapter:

(A) Facts that the courts of the District of Columbia find judicially cognizable;

(B) Generally recognized technical or specialized facts within the knowledge and experience of the hearing examiners of the Department;

(C) Facts contained in the records and files of the Department; and

(D) Any other matter or document that a hearing examiner finds is properly the subject of judicial notice.

(2) A fact contained in a document belonging to a category enumerated in paragraph (1) of this subsection shall be considered to have been physically incorporated into and made part of the record in a proceeding.

(g) The hearing examiner may impose a civil fine for violation of infractions to which this subchapter is applicable up to and including an amount prescribed by § 50-2301.05 exclusive of fees and charges imposed for the towing or booting of a vehicle or additional penalties imposed for failure to answer to such infraction in a timely manner.

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


(Sept. 12, 1978, D.C. Law 2-104, § 306, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(j), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(h), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 4(c), 55 DCR 12803; July 23, 2014, D.C. Law 20-127, § 3(i), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-626.

1973 Ed., § 40-1120.

Section References

This section is referenced in § 50-331 and § 50-2201.03.

Effect of Amendments

D.C. Law 13-289 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” in subsec. (a); deleted “or admitted with explanation” following “has admitted” in the introductory paragraph of subsec. (c); and rewrote subsec. (d).

D.C. Law 16-279, in subsec. (e), extended the time to submit a written application to vacate from within 30 days of the effective date of the judgment to within 60 days of the effective date of the judgment.

D.C. Law 17-303, in subsec. (d), substituted “appropriate penalties and vehicle conveyance fee” for “appropriate penalties”.

The 2014 amendment by D.C. Law 20-127 repealed (c), (d), and (e); added the last sentence in (f); and added (f-1).

Emergency Legislation

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

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).

Applicability of D.C. Law 20-127: 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.


§ 50–2303.07. Identification of pedestrian offenders.

(a) A pedestrian who is stopped by a police officer or other authorized official after the pedestrian has committed an infraction of these regulations shall be required to inform the officer or other official of his or her true name and address for the purpose of including that information on a notice of infraction; provided, that no pedestrian shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.

(b) A pedestrian who refuses to provide his or her name and address to a police officer upon request after having been stopped for committing an infraction of these regulations shall, upon conviction, be fined not less than $100 nor more than $250.


(Sept. 12, 1978, D.C. Law 2-104, § 307, 25 DCR 1275; Oct. 8, 1981, D.C. Law 4-36, § 4(b), 28 DCR 3383; Mar. 20, 2009, D.C. Law 17-314, § 3, 56 DCR 200.)

Prior Codifications

1981 Ed., § 40-627.

Section References

This section is referenced in § 50-2302.02.

Effect of Amendments

D.C. Law 17-314, in subsec. (b), substituted “not less than $100 nor more than $250” for “not less than $10 nor more than $50 dollars”.


§ 50–2303.08. Electronic notice.

The Department of Motor Vehicles may offer customers the option of receiving some or all notices required under this or any other law by email or similar electronic transmission instead of regular mail; provided, that the email address, provided by the customer, shall be considered an address in the Department of Motor Vehicle’s records for the purpose of sending any notices required under this or any other law or regulation.


(Sept. 12, 1978, D.C. Law 2-104, § 308; as added Mar. 14, 2007, D.C. Law 16-279, § 301(i), 54 DCR 903.)

Emergency Legislation

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

Applicability of D.C. Law 20-127: 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.


§ 50–2303.09. Restriction on collecting fines after 10 years. [Not Funded]

Not Funded.


(Sept. 12, 1978, D.C. Law 2-104, § 309; as added Oct. 30, 2018, D.C.Law 22-175, § 2(h), 65 DCR 9546.)

Applicability

Applicability of D.C.Law 22-175: § 3 of D.C.Law 22-175 provided that the creation of this section by § 2(h) 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.


Subchapter III-A. Reconsideration.

§ 50–2303.11. Reconsideration.

(a) A person found liable at a hearing conducted pursuant to subchapters II and III, including a hearing involving the suspension or revocation of a license or privilege to drive, shall be entitled to reconsideration of the matter if a written application is received by the Department or is postmarked within 30 calendar days of the date of a finding of liability.

(b) The application for reconsideration shall set forth one or more of the following grounds:

(1) Newly discovered or newly available relevant evidence;

(2) Need for additional evidence to establish a defense;

(3) Probable error committed by the hearing examiner in the proceeding, including failure to judicially notice a fact on which the decision of the hearing examiner rests or failure to inform the respondent of a judicially noticed fact on which the decision of the hearing examiner rests; and

(4) Need for further consideration of the issues.

(c) An application for reconsideration shall contain all documents or evidence in support of reconsideration.

(d) On reconsideration, the matter may be reviewed by the hearing examiner who reviewed the matter initially or may be referred to another hearing examiner, should the Chief Examiner make this determination.

(e) If an application for reconsideration is timely submitted, the 30-day time period for filing an appeal to the appeals board shall begin on the date that the reconsideration decision is served in accordance with § 50-2304.04.

(f) A person shall not have an opportunity to appeal a finding of liability by a hearing examiner to the appeals board unless the person’s liability is affirmed upon reconsideration; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under § 50-2302.06(b) or a deemed admission under § 50-2302.05(e) or § 50-2303.05(d)(2) shall be appealed directly to the appeals board.

(g) Failure by a hearing examiner to issue a decision within 180 calendar days after receipt of an application for reconsideration shall be deemed a decision in favor of the applicant.


(Sept. 12, 1978, D.C. Law 2-104, § 311; as added July 23, 2014, D.C. Law 20-127, § 3(j), 61 DCR 5711.)


Subchapter III-B. Community Service Debt Repayment Program.

§ 50–2303.21. Community Service Debt Repayment Program. [Not Funded]

Not Funded.


(Oct. 30, 2018, D.C.Law 22-175, § 2(i), 65 DCR 9546.)

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(i) 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.


Subchapter IV. Administrative Review.

§ 50–2304.01. Appeals boards.

The Director shall establish appeals boards to consider and determine appeals brought by persons aggrieved by decisions of hearing examiners. The Director shall appoint to each appeals board one employee of the Department of Transportation, one attorney from a list of practicing and willing attorneys submitted by the District of Columbia Bar or, if no such list is submitted, from a list compiled by the Director and one citizen from a list of willing citizens compiled and kept by the Director. In compiling and keeping such list of citizens, the Director shall consult with the various Advisory Neighborhood Commissions. The Director shall appoint a Chairperson for each appeals board. Members of appeals boards who are not employees of the District government shall receive compensation equivalent to the rate established for a GS-14 employee in the Civil Service prorated according to the number of hours actually served. Employees of the District government may not receive additional compensation but shall receive administrative leave during their actual service on an appeals board. All members of appeals boards shall receive reimbursement for actual expenses incurred. The Director shall designate employees of the Department to assist the appeals boards and shall provide such facilities and supplies as are necessary to enable the appeals boards to carry out their functions.


(Sept. 12, 1978, D.C. Law 2-104, § 401, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-631.

1973 Ed., § 40-1121.

Section References

This section is referenced in § 50-2304.02.

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.


§ 50–2304.02. Right of appeal.

(a) A person found liable by a hearing examiner after a reconsideration conducted pursuant to §  50-2303.11 may appeal the matter to the appeals board pursuant to the provisions of this subchapter; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under §  50-2302.06(b) or a deemed admission under §  50-2302.05 or §  50-2303.05(d)(2) shall be appealed directly to the appeals board. The Director shall appoint an appeals board, pursuant to §  50-2304.01, to consider and determine appeals.

(b) A person who is successful in the appeal of a determination of the existence of liability or the sanction imposed under this subchapter, or both, shall be entitled to a refund of any fee imposed for bringing the appeal.


(Sept. 12, 1978, D.C. Law 2-104, § 402, 25 DCR 1275; Mar. 30, 2004, D.C. Law 15-108, § 2, 51 DCR 1340; July 23, 2014, D.C. Law 20-127, § 3(k), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-632.

1973 Ed., § 40-1122.

Effect of Amendments

D.C. Law 15-108 redesignated the text as subsection (a); and added subsec. (b).

The 2014 amendment by D.C. Law 20-127 rewrote (a); and substituted “A person” for “An aggrieved person” in (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2003 (D.C. Act 15-42, March 24, 2003, 50 DCR 2801).

For temporary (90 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Emergency Amendment Act of 2004 (D.C. Act 15-344, January 29, 2004, 51 DCR 1829).

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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Traffic Adjudication Appeal Fee Temporary Amendment Act of 2003 (D.C. Law 15-16, June 21, 2003, law notification 50 DCR 5460).

Legislative History

Legislative history of Law 20–127

See note to § 50-2301.04.

Editor's Notes

Applicability of D.C. Law 20-127: 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.


§ 50–2304.03. Scope of review.

Each appeals board shall review each case before it on the record and shall hold unlawful and set aside any action or findings and conclusions found to be:

(1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(2) Repealed;

(3) In excess of statutory jurisdiction, authority or limitations or short of statutory rights;

(4) Without observance of procedure required by law, including any applicable procedure provided by this chapter; or

(5) Unsupported by substantial evidence in the record of the proceedings before the appeals board.


(Sept. 12, 1978, D.C. Law 2-104, § 403, 25 DCR 1275; Mar. 14, 2007, D.C. Law 16-279, § 301(j), 54 DCR 903.)

Prior Codifications

1981 Ed., § 40-633.

1973 Ed., § 40-1123.

Effect of Amendments

D.C. Law 16-279 repealed par. (2), which formerly read:

“(2) Contrary to constitutional right, power, privilege or immunity;”


§ 50–2304.04. Time limitation.

(a) No appeal shall be reviewed if it is filed more than 30 calendar days after service of notice of the determination appealed from.

(b) Service of notice under this section shall be complete 3 calendar days after the Department sends the reconsideration determination to the person.

(c) An appeal filed by mail shall be timely if postmarked within the 30-day period.


(Sept. 12, 1978, D.C. Law 2-104, § 404, 25 DCR 1275; July 23, 2014, D.C. Law 20-127, § 3(l), 61 DCR 5711.)

Prior Codifications

1981 Ed., § 40-634.

1973 Ed., § 40-1124.

Effect of Amendments

The 2014 amendment by D.C. Law 20-127 substituted “30 calendar days” for “15 calendar days” in (a); rewrote (b); and substituted “30-day period” for “15-day period” in (c).

Emergency Legislation

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

Applicability of D.C. Law 20-127: 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.


§ 50–2304.05. Judicial review.

Appeals from decisions of the appeals board shall be by application for the allowance of an appeal filed in the Superior Court of the District of Columbia within 30 days of the decision of the appeals board; provided, that appeals from the suspension or revocation of one’s license or privilege to drive shall continue to be governed by § 2-510. Except to the extent that this chapter provides otherwise, the manner of and standards for appeals to the Superior Court of the District of Columbia shall be as set forth in § 2-510.


(Sept. 12, 1978, D.C. Law 2-104, § 405, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-635.

1973 Ed., § 40-1125.


Subchapter V. Severability; Effective Date.

§ 50–2305.01. Severability.

If any provision of this chapter or the application of such provision to any person or circumstances shall be held unconstitutional or otherwise invalid, the constitutionality or validity or the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.


(Sept. 12, 1978, D.C. Law 2-104, § 701, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-641.

1973 Ed., § 40-1126.


§ 50–2305.02. Effective date.

The provisions of this chapter shall apply only to violations which occur after the Director has promulgated the necessary regulations to carry out this chapter pursuant to § 50-2301.07.


(Sept. 12, 1978, D.C. Law 2-104, § 702, 25 DCR 1275.)

Prior Codifications

1981 Ed., § 40-642.

1973 Ed., § 40-1127.