Code of the District of Columbia

Chapter 22. Regulation of Traffic.


Subchapter I. General Provisions.

Part A. Traffic Act, 1925.

§ 50–2201.01. Short title.

This part may be cited as the “District of Columbia Traffic Act, 1925.”


(Mar. 3, 1925, 43 Stat. 1119, ch. 443, § 1.)

Prior Codifications

1981 Ed., § 40-701.

1973 Ed., § 40-601.

Section References

This section is referenced in § 23-581 and § 50-1501.05.

Emergency Legislation

For temporary (90 day) addition, see §§ 101 to 104 of Prohibition on the Reckless Operation of Recreational Motor Vehicles Emergency Act of 2004 (D.C. Act 15-462, June 23, 2004, 51 DCR 6750).

Mayor's Orders

Establishment—Task Force on Transportation, see Mayor’s Order 2001-147, October 3, 2001 ( 48 DCR 9522).


§ 50–2201.02. Definitions.

For the purposes of this chapter, the term:

(1) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.

(2) “All-terrain vehicle” or “ATV” means any motor vehicle with not less than 3 low-pressure tires, but not more than 6 low-pressure tires, designed primarily for off-road use and which has a seat or saddle designed to be straddled by the operator. The terms “all-terrain vehicle” and “ATV” shall not include golf carts, riding lawnmowers, or tractors.

(3) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.

(4) “Commercial vehicle” means a vehicle used to transport passengers or property:

(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;

(B) If the vehicle is designed to transport more than 15 passengers, including the driver;

(C) If the vehicle is a locomotive or a streetcar;

(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or

(E) If the vehicle is a vehicle for hire.

(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.

(6) “Dirt bike” means any motorcycle designed primarily for off-road use.

(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.

(8) “Identifying information” means the name, complete address, and telephone number of the operator of the vehicle; if the owner of the vehicle is different from the operator of the vehicle, the name, complete address, and telephone number of the owner of the vehicle operated; the tag number of the vehicle operated or, if no tag number, the vehicle identification number; and insurance information for the vehicle operated.

(9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.

(10) “Mayor” means the Mayor of the District of Columbia or his or her designee.

(11) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as defined in paragraph (13) of this section, or a battery-operated wheelchair when operated by a person with a disability.

(12) “Park” means to leave any motor vehicle standing on a highway, whether or not attended.

(13) “Personal mobility device” or “PMD” means a motorized propulsion device designed to transport one person or a self-balancing, two non-tandem wheeled device, designed to transport only one person with an electric propulsion system, but does not include a battery-operated wheelchair.

(14) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years prior to the arrest on the current offense.

(15) “This chapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.

(16) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.

(17) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.

(18) “Vehicle conveyance fee” shall have the same meaning as provided in § 50-2301.02(9).

(19) “Vehicle for hire” means:

(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;

(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;

(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or

(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs.

(20) “Work zone” means the area of a highway or roadway that is affected by construction, maintenance, or utility work activities, including the area delineated by and within all traffic control devices erected or installed to guide vehicular, pedestrian, and bicycle traffic.


(Mar. 3, 1925, 43 Stat. 1119, ch. 443, § 2; July 3, 1926, 44 Stat. 812, ch. 739, § 1; Feb. 27, 1931, 46 Stat. 1424, ch. 317, § 1; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 26, 1977, D.C. Law 1-133, title II, § 201(a), 23 DCR 9697; Nov. 15, 1983, D.C. Law 5-42, § 2(a), 30 DCR 4999; Mar. 15, 1985, D.C. Law 5-176, § 12(a), 32 DCR 748; May 5, 1992, D.C. Law 9-96, § 4(a), 38 DCR 7274; Apr. 27, 2001, D.C. Law 13-289, § 401(a), 48 DCR 2057; Mar. 25, 2003, D.C. Law 14-235, § 10(a), 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, §§ 90(c), 94 - 97, 51 DCR 881; Apr. 5, 2005, D.C. Law 15-289, § 2(a), 52 DCR 1446; Mar. 6, 2007, D.C. Law 16-224, § 101(a), 53 DCR 10225; Jan. 23, 2008, D.C. Law 17-67, § 2(a), 54 DCR 11646; Mar. 20, 2009, D.C. Law 17-303,§ 3(a), 55 DCR 12803; Sept. 26, 2012, D.C. Law 19-171, § 140, 59 DCR 6190; Apr. 27, 2013, D.C. Law 19-266, § 102(a), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-702.

1973 Ed., § 40-602.

Section References

This section is referenced in § 5-114.01, § 31-2402, § 50-601, § 50-1108, § 50-1201, § 50-1301.02, § 50-1331.01, § 50-1401.01, § 50-1501.01, § 50-1505.01, § 50-1901, § 50-2301.02, and § 50-2602.

Effect of Amendments

D.C. Law 13-289 added the definition for the term mini-van.

D.C. Law 14-235 rewrote par. (1) and added par. (12). Par. (1) had read as follows: “(1) The term ‘motor vehicle’ means all vehicles propelled by internal-combustion engines, electricity, or steam. The term ‘motor vehicle’ shall not include traction engines, road rollers, vehicles propelled only upon 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 validated previously made technical corrections; repealed par. (3); and in par. (10), substituted “The term ‘traffic’ shall” for “Traffic shall”. Prior to amendment, par. (3) had read as follows: “(3) The term ‘District’ means the District of Columbia.”

D.C. Law 15-289 added pars. (13) and (14).

D.C. Law 16-224 revived the provisions of D.C. Law 14-235 that expired on October 1, 2005, and rewrote pars. (1) and (12).

D.C. Law 16-305, in par. (1), purported to substitute “person with a disability” for “handicapped person”.

D.C. Law 17-67 added par. (15).

D.C. Law 17-303 added par. (16).

The 2012 amendment by D.C. Law 19-171 substituted “The term ‘vehicle conveyance fee’ shall” for “ ‘Vehicle conveyance fee’ shall” in (16).

The 2013 amendment by D.C. Law 19-266 rewrote this section.

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 days) amendment of this section, see § 2 of All-Terrain Vehicle Clarification Emergency Amendment Act of 2018 (D.C. Act 22-387, June 22, 2018, 65 DCR 7009).

For temporary (90-day) amendment of section, see § 2(a) of the Motor Coach Vehicles Tax Exemption Emergency Amendment Act of 1999 (D.C. Act 13-182, November 22, 1999, 47 DCR 1).

For temporary (90 day) amendment of section, see § 10(a) 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 § 10(a) 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 § 101(a) of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).

For temporary (90 day) amendment of section, see § 2(a) of Doubled Fines in Construction and Work Zones Emergency Amendment Act of 2007 (D.C. Act 17-149, October 18, 2007, 54 DCR 10894).

For temporary (90 day) amendment of section, see § 2(a) of Doubled Fines in Construction and Work Zones Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-252, January 23, 2008, 55 DCR 1264).

For temporary (90 day) amendment of section, see § 102(a) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of All-Terrain Vehicle Clarification Temporary Amendment Act of 2018 (D.C. Law 22-159, Sept. 1, 2018, 65 DCR 7537).

For temporary (225 day) amendment of section, see § 10(a) 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).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402 (292, 293, 295 to 299) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 50–2201.03. Mayor to make rules; Department of Transportation; Director; Congressional and Council parking; title fees; common carriers; penalties; prosecutions; publication of regulations; excise tax; impoundment for outstanding violations.

(a) The Mayor is authorized and empowered to make, modify, repeal, and enforce rules relating to and concerning the following:

(1) The control of traffic and the movement of traffic;

(2)(A) The length, weight, height, and width of vehicles; and

(B) The brakes, horns, lights, mufflers, and other equipment of vehicles and the inspection of same;

(3)(A) The registration and reregistration of vehicles;

(B) The titling and retitling of motor vehicles and trailers, and the transfer of titles to motor vehicles and trailers; and

(C) The revocation, suspension, restoration, and reinstatement of the registration for motor vehicles and trailers and of certificates of title to motor vehicles and trailers;

(4) The issuance, suspension, revocation, restoration, and reinstatement of operator’s permits and operating privileges; provided, that the fee for restoration or reinstatement shall be $98;

(5) The establishment and location of hack stands; and

(6) The speed, routing, and parking of vehicles; provided, that the Mayor shall establish and locate parking areas in the vicinity of government establishments for use only by members of Congress and governmental officials when on official business.

(b) There is established in the government of the District of Columbia a Department of Transportation, which under the direction of the Mayor, shall have charge of the issuance and revocation of operators’ permits, the registration and titling of motor vehicles, the making of traffic studies and plans, the establishment and designation of arterial and other public highways, providing for the equipment of any street, road, or highway with control lights or other devices, or both, for the regulation of traffic, the installation and maintenance of traffic signs, signals, and markers, and of such other matters as may be determined by the Mayor. The Mayor shall appoint a Director of Vehicles and Traffic, who shall be in charge of said Department, and such other personnel as he or she may deem necessary to perform the duties thereof and as may be appropriated for by Congress. The Director of Vehicles and Traffic shall be responsible directly to the Mayor for the faithful performance of his or her duties and shall be subject to removal by the Mayor for cause.

(c) Members of Congress or the Council may park their vehicles in any available curb space in the District of Columbia, when:

(1) The vehicle is used by the member of Congress or the Council on official business;

(2) The vehicle is displaying a Congressional or Council registration tag or parking placard issued for the current session or by the District; and

(3) The vehicle is not parked in violation of a loading zone, rush hour, firehouse, or fire plug limitation.

(d) The Mayor shall cause to be levied, collected, and paid a $26 fee for each titling, duplicate titling, and retitling, and he or she shall not, after the 1st day of January, 1932, register or renew the registration of any motor vehicle or trailer unless and until the owner thereof shall make application in the form prescribed by the Mayor and be granted an official certificate of title for such vehicle. No registration or titling fee shall be charged for vehicles owned by the District government. The owner of a motor vehicle or trailer registered in the District of Columbia shall not, after the 1st day of January, 1932, operate or permit or cause to be operated any such vehicle upon any public highway in the District without first obtaining a certificate of title therefor, nor shall any individual knowingly permit any certificate of title to be obtained in his or her name for any vehicle not in fact owned by him or her, and any individual violating any provision of this subsection or any regulations promulgated thereunder shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than one year, or both. If the properly designated agent of the Mayor shall determine that an applicant for a certificate of title is not entitled thereto, such certificate of title may be refused, and in that event unless such determination is reversed upon written application to the Mayor by the individual affected, such individual shall be entitled to proceed further as provided under § 50-1403.01(a); provided, that reasonable time for hearing be given the applicant in the first instance.

(e) As to all common carriers by vehicle which enter, operate in, or leave the District of Columbia, the power to route small vehicles within the District of Columbia, to regulate their equipment other than that specifically named elsewhere in this part, to regulate their schedules and their loading and unloading, to locate their stops and all platforms and loading zones, and to require the appropriate marking thereof is vested in the Public Service Commission of the District of Columbia.

(f) Except as otherwise provided in this part or in the District of Columbia Traffic Adjudication Act of 1978 (§ 50-2301.01 et seq.), any person violating any provision of this part or any rule promulgated hereunder shall, upon conviction thereof, be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days, or both. Prosecution for violations shall be in the Superior Court of the District of Columbia upon information or indictment filed by the Corporation Counsel of the District of Columbia or any of his or her assistants.

(g) All regulations promulgated under the authority of this part shall be published in accordance with the requirements of subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

(h) Repealed.

(i) Repealed.

(j)(1) In addition to the fees and charges levied under other provisions of this part, there is levied and imposed an excise tax on the issuance of every original certificate of title for a motor vehicle or trailer in the District of Columbia and every subsequent certificate of title issued in the District of Columbia in the case of a sale, resale, or gift, except in the case of a bona fide gift of a vehicle already titled in the District given between spouses, parent and child, or domestic partners, as that term is defined in § 32-701(3), or other transfer at the following percentage of the fair market value of the motor vehicle or trailer at the time the certificate of title is issued:

Weight Class Registration Fee

Class I (3,499 pounds or less) 6%

Class II (3,500 — 4,999 pounds) 7%

Class III (5,000 pounds or greater) 8%.

(2) For the purpose of this section, the Mayor or his or her duly authorized representative shall determine the fair market value of a motor vehicle or trailer. As used in this section, the term “original certificate of title” shall mean the first certificate of title issued by the District of Columbia for any particular motor vehicle or trailer. No certificate of title so issued shall be delivered or furnished to the person entitled thereto until the tax has been paid in full. The Assessor of the District of Columbia may require every applicant for a certificate to title to supply such information as he or she deems necessary as to the time of purchase, the purchase price, and other information relative to the determination of the fair market value of any motor vehicle or trailer for which a certificate of title is required and issued.

(3) The issuance of certificates of title for the following motor vehicles and trailers shall be exempt from the tax imposed by this subsection:

(A) Motor vehicles and trailers owned by the United States or the District of Columbia;

(B) Repealed;

(C) Repealed;

(D) Motor vehicles and trailers owned by a utility or public service company for use in furnishing a commodity or service; provided, that the receipts from furnishing such commodity or service are subject to a gross receipts or mileage tax in force in the District of Columbia at the time of a certificate of title for any such vehicle or trailer is issued.

(E) New motor vehicles acquired from dealers as replacements for defective vehicles purchased new not more than 60 days prior to the date of such replacement, except that if the fair market value of any replacement vehicle is greater than that of the vehicle which it replaces, then the tax imposed by this section shall be paid on such difference in value. If the fair market value of any replacement vehicle is less than that of the vehicle which it replaces, then the Mayor or his or her designated agent is authorized to refund to the owner of the replacement vehicle an amount equal to the difference between the excise tax paid on the defective vehicle and the excise tax paid on the replacement vehicle.

(F) Rental or leased motor vehicles or trailers; provided, that the rental or leasing of such vehicles is subject to the gross receipts tax described in § 47-2002(3)(C).

(G) Taxis or taxicabs as defined in § 50-303(8).

(H) Motor vehicles and trailers registered or titled in another state or United States jurisdiction by a nonresident before the nonresident established or maintained residency in the District.

(I) Commercial vehicles having the characteristics specified [in] § 47-2352(c) that are owned or leased by a company with an established place of business (as defined in § 47-2302(13)) located within the District of Columbia, if such vehicles are used to furnish a commodity or service; provided, that, the receipts from furnishing such commodity or service are subject to a gross receipts or mileage tax in force in the District of Columbia at the time a certificate of title is issued for the vehicle.

(J) Motor vehicles, excluding motorcycles and motor-driven cycles, with an estimated average miles per gallon (“MPG”) for city driving at or above 40 MPG, as determined in accordance with 40 CFR § 600.001-08, and published in the Fuel Economy Guide by the United States Environmental Protection Agency and the United States Department of Energy or other alternative fueled vehicles as determined by the Department of Motor Vehicles through rulemaking.

(K) Motor vehicles following the death of one co-owner; provided, that the title is issued to a surviving owner.

(L) Motor vehicles whose ownership is determined by a decree of divorce or separation or pursuant to a written instrument incident to such divorce or separation; or, in the case of former domestic partners, ownership is either determined by a court order or one co-owner transfers his or her interest to the other co-owner provided that the applicant also submits the termination statement provided for in § 32-702(d)(1); and

(M) Motor vehicles re-titled by an insurance company in connection with an insurance claim or pursuant to Chapter 13A of this title.

(N) Any vehicle for which the certificate of title issued is a scrap title issued pursuant to § 50-2705.

(O) Repealed.

(P) Vehicles for which a District of Columbia title is being issued to the lienholder because of repossession or was re-issued to the owner after repossession.

(Q) Vehicles designated as junk or salvage pursuant to Chapter 13A of this title [§ 50-1331.01 et seq.].

(k)(1) Any unattended motor vehicle found parked at any time upon any public highway of the District of Columbia against which there are 2 or more unpaid notices of infraction or vehicle conveyance fees that the owner was deemed to have admitted or that were sustained after a hearing, pursuant to § 50-2303.05, § 50-2303.06, or § 50-2209.02, or against which there have been issued 2 or more warrants may, by or under the direction of a law enforcement officer or member of the Metropolitan Police force or the United States Park Police force or an employee of the District of Columbia Department of Transportation, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Mayor or immobilized in such manner as to prevent its operation; except, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

(2) The notice, reclamation, and disposition procedures set forth in §§ 50-2421.06 through 50-2421.10, shall apply to any vehicle impounded pursuant to this section. In any case involving immobilization of a vehicle pursuant to this subsection, such member or law enforcement officer or employee shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

(3) Repealed.

(4) The owner of an immobilized vehicle shall be subject to a booting fee of $75 for such immobilization.

(5) Before the removal of an immobilization mechanism on a motor vehicle or the release of a motor vehicle from impoundment, the owner shall pay all outstanding fees, charges, civil fines, or penalties incurred pursuant to this section and §§ 50-1401.01, 50-1401.02, 31-2413(b)(2)(A), 50-1101, 50-1106, 50-1501.02, 50-1501.03, 50-2301.05, 50-2303.04a, and 50-2421.09(a), against the owner or any motor vehicle in which the owner has an ownership interest or had an ownership interest when a notice of infraction was issued.

(l) The Director of the Department of Motor Vehicles may establish a fee discount of up to 10% on any service obtained through the telephone, Internet, mail, or other method that does not involve an in-person visit to the Department. This subsection shall not apply to the payment of the motor vehicle title tax.


(Mar. 3, 1925, 43 Stat. 1121, ch. 443, § 6; July 3, 1926, 44 Stat. 814, ch. 739, § 4; Feb. 27, 1931, 46 Stat. 1424, ch. 317, §§ 3, 4; Dec. 19, 1932, 47 Stat. 750, ch. 5; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 2, 1945, 59 Stat. 313, ch. 222; May 27, 1949, 63 Stat. 128, title III, ch. 146, § 301; Oct. 28, 1949, 63 Stat. 972, title XI, ch. 782, § 1106(a); July 24, 1956, 70 Stat. 633, ch. 695, § 1; Sept. 2, 1957, 71 Stat. 598, Pub. L. 85-273, § 3; Oct. 3, 1962, 76 Stat. 742, Pub. L. 87-745, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Sept. 30, 1966, 80 Stat. 856, Pub. L. 89-610, title II, § 201; 1967 Reorg. Plan No. 3, 81 Stat. 980, § 503(c); Dec. 4, 1967, 81 Stat. 532, Pub. L. 90-172, § 1; Oct. 31, 1969, 83 Stat. 172, 174, Pub. L. 91-106, §§ 201, 404; Dec. 12, 1969, 83 Stat. 343, Pub. L. 91-145, § 101; July 29, 1970, 84 Stat. 570, 583, Pub. L. 91-358, title I, §§ 155(a), 163(g)(2); Dec. 15, 1971, 85 Stat. 657, Pub. L. 92-196, title VII, § 705; Oct. 21, 1972, 86 Stat. 1015, Pub. L. 92-518, title III, § 301(a); Nov. 1, 1973, 87 Stat. 531, Pub. L. 93-145, § 101; Oct. 21, 1975, D.C. Law 1-23, title I, § 102, 22 DCR 2094; Jan. 22, 1976, D.C. Law 1-42, § 7(b), 22 DCR 6317; June 15, 1976, D.C. Law 1-70, title II, § 201, 23 DCR 536; Apr. 19, 1977, D.C. Law 1-124, title I, § 102, 23 DCR 8749; Apr. 26, 1977, D.C. Law 1-133, title IV, § 402, 23 DCR 9697; Sept. 12, 1978, D.C. Law 2-104, §§ 501, 601, 25 DCR 1275; Mar. 3, 1979, D.C. Law 2-139, § 3205(l), 25 DCR 5740; Mar. 6, 1979, D.C. Law 2-157, § 5, 25 DCR 6995; Apr. 3, 1982, D.C. Law 4-97, § 5, 29 DCR 765; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; June 22, 1983, D.C. Law 5-14, §§ 803, 804, 30 DCR 2632; Nov. 15, 1983, D.C. Law 5-42, § 2(b), 30 DCR 4999; May 1, 1990, D.C. Law 8-103, § 2, 37 DCR 1615; Sept. 26, 1990, D.C. Law 8-170, § 2, 37 DCR 4839; Aug. 17, 1991, D.C. Law 9-30, § 4(a), 38 DCR 4215; May 5, 1992, D.C. Law 9-96, § 4(b), 38 DCR 7274; Mar. 26, 1999, D.C. Law 12-175, § 802, 45 DCR 7193; April 5, 2000, D.C. Law 13-80, § 2, 46 DCR 10463; Oct. 19, 2002, D.C. Law 14-213, § 34, 49 DCR 8140; June 5, 2003, D.C. Law 14-307, § 1706(a), 49 DCR 11664; Oct. 28, 2003, D.C. Law 15-35, § 13(b), 50 DCR 6579; Mar. 16, 2005, D.C. Law 15-239, § 2(a), 51 DCR 9600; Apr. 8, 2005, D.C. Law 15-307, § 402, 52 DCR 1700; Oct. 20, 2005, D.C. Law 16-33, § 6002, 52 DCR 7503; June 16, 2006, D.C. Law 16-129, § 2, 53 DCR 4716; June 22, 2006, D.C. Law 16-139, § 10, 53 DCR 3682; Mar. 2, 2007, D.C. Law 16-191, § 89, 53 DCR 6794; Mar. 14, 2007, D.C. Law 16-279, §§ 202(a), 401(a), 54 DCR 903; Aug. 16, 2008, D.C. Law 17-219, § 6006, 55 DCR 7598; Sept. 12, 2008, D.C. Law 17-231, § 42, 55 DCR 6758; Mar. 20, 2009, D.C. Law 17-303, § 3(b), 55 DCR 12803; Apr. 23, 2013, D.C. Law 19-272, § 2, 60 DCR 1729; Apr. 27, 2013, D.C. Law 19-266, § 102(b), 59 DCR 12957; Apr. 27, 2013, D.C. Law 19-290, § 5(a), 60 DCR 2343; June 11, 2013, D.C. Law 19-317, § 271(a), 60 DCR 2064; Dec. 24, 2013, D.C. Law 20-61, §§ 6012, 6133, 60 DCR 12472; Feb. 18, 2017, D.C. Law 21-192, § 4(a), 63 DCR 15007.)

Prior Codifications

1981 Ed., § 40-703.

1973 Ed., § 40-603.

Section References

This section is referenced in § 1-636.02, § 9-1103.04, § 9-1111.15, § 34-731, § 47-2831, § 50-2201.22, § 50-2201.25, § 50-2201.27, § 50-2421.02, and § 50-2421.09.

Effect of Amendments

D.C. Law 13-80 added par. (j)(3)(III).

Section 3 of D.C. Law 13-80 provided: “The Council adopts the fiscal impact statement in the committee report, as revised and amended by the attached memorandum dated October 25, 1999, as the fiscal impact statement required by section 602(c)(3) of the Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)) [§ 1-206.02(c)(3), 2001 Ed.].”

Section 4 of D.C. Law 13-80 provided: “This act shall apply as of January 1, 2000.”

D.C. Law 14-213, in the section heading, substituted “Congressional and Council parking” for “Congressional parking”; in subsecs. (c) and (c)(1), substituted “Congress or the Council” for “Congress”; and in subsec. (c)(2), substituted “Congressional or Council” for “Congressional”.

D.C. Law 14-307, in subsec. (a)(4), substituted “$98” for “$75”; and in subsec. (d), substituted “$26 fee for each titling, duplicate titling, and retitling,” for “$20 fee for each titling and retitling,”.

D.C. Law 15-35, in subsec. (k), substituted “The notice, reclamation, and disposition procedures set forth in §§ 50-2421.06 through 50-2421.10, shall apply to any vehicle impounded pursuant to this section.” for “It shall be the duty of the officer or member of the police force or employee of the District of Columbia Department of Transportation, removing or immobilizing such motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of an impounded or immobilized vehicle of the nature and circumstances of the prior unsettled traffic violation notices, notices of infractions or warrants, for which or an account of which such vehicle was impounded or immobilized.” in the first sentence of par. (2), repealed par. (3), and deleted the second and third sentences in par. (4).

D.C. Law 15-239, in subsec. (f), substituted “otherwise provided in this part” for “provided”, and substituted “upon information or indictment” for “upon information”.

D.C. Law 15-307, in subsec. (j), rewrote par. (1) and added subpars. (J), (K), (L), and (M) in par. (3).

D.C. Law 16-33, in subsec. (k)(4), substituted “$75” for “$50”.

D.C. Law 16-129 rewrote subpar. (j)(3)(J), which had read as follows: “(J) A clean-fuel vehicle or electric vehicle determined by the United States Internal Revenue Service to be eligible for a federal tax deduction or credit pursuant to 26 U.S.C. §§ 30 and 179A for the tax year during which it is being titled.”

D.C. Law 16-139 added subpar. (j)(3)(N).

D.C. Law 16-191, in subsec. (j), validated a previously made technical correction.

D.C. Law 16-279, in subsec. (d), substituted “No registration or titling fee shall be charged for vehicles owned by the District government” for “No registration or other fee shall be charged to vehicles owned by the federal or District government or any duly accredited representative of a foreign government”; in subsec. (j)(3), substituted “Rental vehicles and utility trailers being registered as part of a rental fleet pursuant to subchapter III of Chapter 15 of this title” for “Rental vehicles and utility trailers, as defined in § 50-1505.01” in subpar. (F), and added subpars. (O), (P), and (Q); and added subsec. (l); and rewrote subsecs. (j)(1) and (k)(1), which formerly read:

“(j)(1) In addition to the fees and charges levied under other provisions of this part, there is hereby levied and imposed an excise tax on the issuance of every original certificate of title for a motor vehicle or trailer in the District of Columbia and, in the case of a sale, resale, gift or other transfer thereof, on the issuance of every subsequent certificate of title, except in the case of a bona fide gift between spouses, parent and child, or domestic partners, as that term is defined in § 32-701(3), at the following percentage of the fair market value of the motor vehicle or trailer at the time the certificate of title is issued:”

“(k)(1) Any unattended motor vehicle found parked at any time upon any public highway of the District of Columbia against which there are 2 or more outstanding or otherwise unsettled traffic violation notices or notices of infraction or against which there have been issued 2 or more warrants may, by or under the direction of an officer or member of the Metropolitan Police force or the United States Park Police force or an employee of the District of Columbia Department of Transportation, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Mayor or immobilized in such manner as to prevent its operation; except, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.”

D.C. Law 17-219, in subsec. (j)(3), rewrote subpars. (F) and (J) and repealed subpar. (O.

D.C. Law 17-231, in subsec. (j)(3)(L), substituted “§ 32-702(d)(1)” for “§ 32-702”.

D.C. Law 17-303, in subsec. (k)(1), substituted “notices of infraction or vehicle conveyance fees” for “notices of infraction”.

The 2013 amendment by D.C. Law 19-266 substituted “$2,500” for “$1,000” in (d); substituted “$500” for “$300” in (f); substituted “a law enforcement officer” for “an officer” in (k)(1); substituted “law enforcement officer” for “officer” in (k)(2); made gender-neutral changes throughout the section; and made stylistic changes.

The 2013 amendment by D.C. Law 19-272 rewrote (j)(1) and (j)(3)(H).

The 2013 amendment by D.C. Law 19-290 substituted “motor-driven cycles” for “motorized bicycles” in (j)(3)(J).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000 [$2,500]” in (d), and for “not more than $300 [$500]” in (f).

The 2013 amendment by D.C. Law 20-61 substituted “registration tag or parking placard issued for the current session or by the District”’ for “registration tag issued by the jurisdiction represented by the member” in (c)(2); and added (k)(5).

Cross References

Alcoholic beverage control, operation of trains, streetcars, and other vehicles by intoxicated persons, see § 25-1009.

General license law, vehicles hauling goods from public space, hack stands, see § 47-2831.

Motor vehicle exhaust emissions inspections, see § 50-1101 et seq.

National Capital Region Transportation, revenues allocated to the Metrorail/Metrobus Account, see § 9-1111.15.

Parks and playgrounds, regulation of vehicles and traffic, see § 10-105.

Public roads and bridges, jurisdiction and control, see § 9-101.02.

Public roads, designation of “business streets” for parking and sidewalk purposes, see § 9-1201.05.

Public Service Commission, promulgated rules and regulations, prosecution for violations, see § 34-731.

Public Service Commission, suspension of powers by the Compact for Mass Transportation, see § 9-1103.04.

Public utilities, regulation and enforcement, powers and duties of the Mayor, see § 34-809.

Registration of motor vehicles, issuance and expiration of registration documents, see § 50-1501.02.

Regulations necessary for the protection of lives, limbs, health, comfort, and quiet, see § 1-303.03.

Senior citizen motor vehicle accident prevention course certification, see § 50-2001 et seq.

Taxi stands, see § 1-301.71.

Emergency Legislation

For temporary amendment of section, see § 502 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), § 502 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669), and § 502 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 502 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 2(b) of the Motor Coach Vehicles Tax Exemption Emergency Amendment Act of 1999 (D.C. Act 13-182, November 22, 1999, 47 DCR 1).

For temporary (90 day) amendment of section, see § 1706(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 1706(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 1706(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 13(b) of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).

For temporary (90 day) amendment of section, see § 13(b) of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).

For temporary (90 day) amendment of section, see § 2 of Certificate of Title Excise Tax Exemption Emergency Amendment Act of 2004 (D.C. Act 15-615, November 30, 2004, 51 DCR 11441).

For temporary (90 day) amendment of section, see § 2 of Certificate of Title Excise Tax Exemption Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-20, February 17, 2005, 52 DCR 2967).

For temporary (90 day) amendment of section, see § 6002 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Low-Emissions Motor Vehicle Tax Exemption Emergency Amendment Act of 2005 (D.C. Act 16-239, December 22, 2005, 53 DCR 258).

For temporary (90 day) amendment of section, see § 2 of Low-Emissions Motor Vehicle Tax Exemption Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-324, March 23, 2006, 53 DCR 2574).

For temporary (90 day) amendment of section, see § 102(b) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of (b), (d), (f), (j) and (k), see § 102(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 271(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 102(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) amendment of this section, see §§ 6012 and 6133 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 6012 and 6133 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Certificate of Title Excise Tax Exemption Temporary Amendment Act of 2004 (D.C. Law 15-312, April 8, 2005, law notification 52 DCR 4701).

For temporary (225 day) amendment of section, see § 2 of Low-Emissions Motor Vehicle Tax Exemption Temporary Amendment Act of 2006 (D.C. Law 16-88, April 4, 2006, law notification 53 DCR 3347).

Short Title

Short title of subtitle A of title VI of Law 16-33: Section 6001 of D.C. Law 16-33 provided that subtitle A of title VI of the act may be cited as the Traffic Amendment Act of 2005.

Short title: Section 6005 of D.C. Law 17-219 provided that subtitle B of title VI of the act may be cited as the “Department of Motor Vehicles Incentive Exemption for Leased Vehicles and Low Emission Vehicles Amendment Act of 2008”.

Section 6011 of D.C. Law 20-61 provided that Subtitle B of Title VI of the act may be cited as the “DMV Immobilization Amendment Act of 2013”.

Section 6131 of D.C. Law 20-61 provided that Subtitle N of Title VI of the act may be cited as the “Representation Tags Amendment Act of 2013”.

Editor's Notes

Section 5 of 46 Stat. 1429, ch. 317, effective Feb. 27, 1931, provided that all convictions under the Act shall be reported by the clerk of the court to the commissioners [Mayor] or their [his] designated agent.

Application of Law 15-35: Section 15 of D.C. Law 15-35 provided: “This act shall apply to all vehicles impounded after its effective date. This act shall also apply to all vehicles impounded prior to its effective date provided that notice is sent to the owners and lien holders in accordance with the provisions of subsections 7(b) or (c), as is applicable.”

Department of Vehicles and Traffic abolished: The Department of Vehicles and Traffic, including the Director, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 54 of the Board of Commissioners, dated June 30, 1953, as amended, September 1, 1953, established a Department of Vehicles and Traffic, headed by a Director; a Board of Revocation and Review of Hackers’ Identification Cards; a Motor Vehicle Parking Agency; and a Commissioners’ Traffic Advisory Board; prescribed the functions thereof; and abolished the previously existing Department of Vehicles and Traffic, the Registrar of Titles and Tags, the Board of Revocation and Review of Hackers’ Identification Cards, the Driver Improvement Section, and the Motor Vehicle Parking Agency. Reorganization Order No. 54 was repealed and replaced by Organization Order Nos. 105, 106, 107, and 108, dated May 17, 1955. Organization Order No. 105 continued the Department of Vehicles and Traffic and prescribed the functions thereof. Organization Order No. 106 continued the Motor Vehicle Parking Agency and prescribed the composition and functions thereof. The Department of Vehicles and Traffic was redesignated as the Department of Motor Vehicles by Commissioners’ Order No. 58-919, dated June 10, 1958. The Department of Highways was replaced by Reorganization Order No. 58-1116, dated July 15, 1958, which order established the Department of Highways and Traffic. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Organization Order No. 107, relating to the Hackers’ Board was redesignated as Organization Order No. 13, dated August 15, 1968, and amended. Organization Order No. 108, as amended, replaced the Commissioners’ Traffic Advisory Board with a Citizens’ Traffic Board, and prescribed the composition and functions thereof. Reorganization Plan No. 2 of 1975 combined the Department of Motor Vehicles and the Department of Highways and Traffic to form the Department of Transportation.

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.

Office of Assessor abolished: The Office of the Assessor was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Assessor including the functions of all officers, employees and subordinate agencies were transferred to the Department of General Administration by Reorganization Order No. 3 of the Board of Commissioners, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, abolished the Office of the Assessor and transferred the functions to the Finance Office in the Department of General Administration. The same order provided that an Office of the Assessor would be created in the Finance Office. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, provided that the Finance Office (consisting of the Office of the Finance Officers, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) shall continue under the direction and control of the Director of General Administration, and prescribed the functions thereof. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. Functions of the Finance Office was stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner’s Order No. 69-96, dated March 7, 1969. Functions pertaining to centralized accounting as set forth in Commissioner’s Order No. 69-96 were transferred to the Director of the Office of Budget and Financial Management by Organization Order No. 30, dated April 5, 1972. The Office of Budget and Financial Management was replaced by Organization Order No. 50, dated December 31, 1974, which Order established the Office of Budget and Management Systems. The Office of Budget and Management Systems was replaced by Mayor’s Order 79-5, dated January 2, 1979, which Order established the Office of Budget and Resource Development.

Mayor authorized to issue rules: Section 1102 of D.C. Law 5-14 provided that the Mayor shall issue rules necessary to carry out the provisions of the act.

Effect of repeal provisions: Section 14 of D.C. Law 15-35 provided: “Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation.”

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.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Delegation of Authority

Delegation of authority under Law 5-14, see Mayor’s Order 83-190, July 25, 1983.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402 (295 to 299) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 50–2201.03a. Regulations for personal mobility devices.

(a) The Mayor shall promulgate regulations governing the PMD, including:

(1) Exempting the personal mobility device from the regulations governing motor vehicles;

(2) Establishing a registration process, such as, for example, requiring that each PMD bear a serial number, valid registration tag, or valid registration plate;

(3) Establishing a fine schedule for violations of the PMD regulations; and

(4) Providing an adjudication process for violations of PMD law and regulations.

(b) Regulations promulgated pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the proposed rules are not approved within the 45-day period of review, the rules shall be deemed disapproved.


(Mar. 3, 1925, ch. 443, § 6a; as added Mar. 25, 2003, D.C. Law 14-235, § 10(b), 49 DCR 9788; Mar. 6, 2007, D.C. Law 16-224, § 101(b), 53 DCR 10225.)

Effect of Amendments

D.C. Law 16-224 revived the provisions of D.C. Law 14-235 that expired on October 1, 2005.

Emergency Legislation

For temporary (90 day) addition, see § 10(b) 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) addition, see § 10(b) 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) addition, see § 101(b) 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) addition, see § 10(b) 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).

Editor's Notes

Expiration of previous addition: Section 14 of D.C. Law 14-235 ( 49 DCR 9788), which previously added this section, expired on October 1, 2005.


§ 50–2201.04. Speeding and reckless driving.

(a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this part.

(b) A person shall be guilty of reckless driving if the person drives a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger a person or property.

(b-1) A person shall be guilty of aggravated reckless driving if the person violates subsection (b) of this section and the person does one or more of the following:

(1) Operates the vehicle at a rate or speed at or greater than 30 miles per hour over the stated speed limit;

(2) Causes bodily harm or permanent disability or disfigurement to another; or

(3) Causes property damage in excess of $1,000.

(c)(1) A person violating subsection (b) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both.

(2) A person violating subsection (b) of this section when the person has been convicted of a prior offense under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days.

(3) A person violating subsection (b) of this section when the person has 2 or more prior convictions for offenses under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year.

(c-1)(1) A person violating subsection (b-1) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both.

(2) A person violating subsection (b-1) of this section when the person has one or more prior convictions for offenses under subsection (b-1) within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year.

(d) Any individual violating any provision of this section, except where the offense constitutes aggravated reckless driving, shall be subject to a civil fine under the District of Columbia Traffic Adjudication Act (§ 50-2301.01 et seq.).

(e) A presumption shall exist that a reckless, careless, hazardous, or aggressive driving conviction that occurred in a foreign jurisdiction constitutes reckless driving as provided in subsection (b) of this section, unless the District can show evidence that the person met the requirements for aggravated reckless driving in subsection (b-1) of this section.

(f) The fines set forth in this section shall not be limited by § 22-3571.01.


(Mar. 3, 1925, 43 Stat. 1123, ch. 443, § 9; July 3, 1926, 44 Stat. 814, ch. 739, § 5; Feb. 27, 1931, 46 Stat. 1427, ch. 317, § 4; June 24, 1936, 49 Stat. 1901, ch. 749; Nov. 25, 1942, 56 Stat. 1023, ch. 642, § 1; Sept. 12, 1978, D.C. Law 2-104, § 601, 25 DCR 1275; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; Apr. 5, 2005, D.C. Law 15-289, § 2(c), 52 DCR 1446; Apr. 27, 2013, D.C. Law 19-266, § 102(c), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, § 2, 60 DCR 1713; June 11, 2013, D.C. Law 19-317, § 113(e), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-712.

1973 Ed., § 40-605.

Section References

This section is referenced in § 4-501, § 23-581, § 50-329.05, § 50-2201.05b, § 50-2201.27, and § 50-2302.02.

Effect of Amendments

D.C. Law 15-289 rewrote subsec. (c) which had read:

“(c) Any individual violating any provision of this section where the offense constitutes reckless driving shall upon conviction for the 1st offense be fined not more than $250 or imprisoned not more than 3 months, or both; and upon conviction for the 2nd or any subsequent offense committed within 2 years from the date of any such previous offense such individual shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.”

The 2013 amendment by D.C. Law 19-266 substituted “$2,500” for “$1,000” in (c).

The 2013 amendment by D.C. Law 19-316 rewrote (b) and (c); added (b-1) and (c-1); substituted “aggravated reckless driving” for “reckless driving” in (d); and added (e).

The 2013 amendment by D.C. Law 19-317 added the subsection designated herein as (f).

Cross References

Alcoholic beverage control, operation of trains, streetcars, and other vehicles by intoxicated persons, see § 25-1009.

Compensation of victims of violent crime, “crime of violence,” “crime,” and “victim” defined, see § 4-501.

Criminal procedure, warrantless arrests, see § 23-581.

Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.

Emergency Legislation

For temporary (90 day) amendment of section, see § 102(c) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of (c), see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 102(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) amendment of this section, see § 2 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

Section 5 of 46 Stat. 1429, ch. 317, effective Feb. 27, 1931, provided that all convictions under the Act shall be reported by the clerk of the court to the commissioners [Mayor] or their [his] designated agent.

Definitions applicable: For definitions applicable in this section, see § 50-2201.02.

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

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.


§ 50–2201.04a. Operation of personal mobility devices.

A personal mobility device shall not be operated:

(1) In the District if it has not been validly registered, unless it is validly registered in another jurisdiction, when required by applicable law of that jurisdiction, and bears readily visible evidence of being registered.

(2) By a person under 16 years of age;

(3) Above the maximum speed limit of 10 miles per hour;

(4) Upon a sidewalk within the Central Business District, as defined by section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR 9901);

(5) By a person carrying any package, bundle, or other article that hinders the person from keeping both hands on the handlebars; or

(6) On any roadway or sidewalk while the person is wearing a headset, headphone, or earphone, unless the device is used to improve the hearing of a person with a hearing impairment or covers or is inserted in one ear only.


(Mar. 3, 1925, ch. 443, § 9a; as added Mar. 25, 2003, D.C. Law 14-235, § 10(c), 49 DCR 9788; Mar. 6, 2007, D.C. Law 16-224, § 101(d), 53 DCR 10225.)

Effect of Amendments

D.C. Law 16-224 revived the provisions of D.C. Law 14-235 that expired on October 1, 2005.

Emergency Legislation

For temporary (90 day) addition, see § 10(c) 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) addition, see § 10(c) 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) addition, see § 101(d) of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).

For temporary (90 day) amendment of section, see § 2 of Personal Mobility Device for Persons with Disabilities Emergency Amendment Act of 2009 (D.C. Act 18-195, October 8, 2009, 56 DCR 8126).

Temporary Legislation

Section 2 of D.C. Law 18-89, in par. (4), substituted “9901), unless operated by a person with a disability;” for “9901);”.

Section 4(b) of D.C. Law 18-89 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2 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).

Editor's Notes

Expiration of previous addition: Section 14 of D.C. Law 14-235 ( 49 DCR 9788), which previously added this section, expired on October 1, 2005.


§ 50–2201.04b. All-terrain vehicles and dirt bikes.

(a)(1) No person shall:

(A) Operate an all-terrain vehicle or dirt bike on public property, including any public space in the District; or

(B) Park, stand, or stop an all-terrain vehicle or dirt bike on public property, including any public space in the District.

(2) Paragraph (1) of this subsection shall not apply to a person who is in the process of immediately loading an all-terrain vehicle or dirt bike in or on a vehicle, trailer, or other storage container for the purpose of transporting the all-terrain vehicle or dirt bike to another jurisdiction or to private property in the District.

(b) All-terrain vehicles or dirt bikes shall not be registered with the Department of Motor Vehicles.

(c) A person violating subsection (a)(1)(A) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 30 days, or both.

(d) In addition to the penalties described in subsection (c) of this section, a person who is convicted of violating subsection (a)(1)(A) of this section shall, upon a second or subsequent conviction for violating subsection (a)(1)(A) of this section, have his or her driver's license, or privilege to operate a motor vehicle in the District, suspended for one year from the date of conviction; provided, that the period of suspension shall toll during a period of incarceration.

(e) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia.

(f) An all-terrain vehicle or dirt bike operated in violation of this section shall be subject to forfeiture pursuant to the standards and procedures set forth in Chapter 3 of Title 41.


(Mar. 3, 1925, ch. 443, § 9b; as added Apr. 5, 2005, D.C. Law 15-289, § 2(d), 52 DCR 1446; Apr. 27, 2013, D.C. Law 19-266, § 102(d), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 271(b), 60 DCR 2064; Oct. 8, 2016, D.C. Law 21-155, § 607, 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 3(a), 65 DCR 1555.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 substituted “$250” for “$1,000” in (c).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1000 [$250]” in (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 102(d) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of (c), see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 271(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 102(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2201.04c. Motor vehicle moving infractions in work zones; signage required.

(a) For any motor vehicle moving infraction, as defined in Chapter 26 of Title 18 of the District of Columbia Municipal Regulations, committed by the driver within a work zone, the civil fine shall be double the amount otherwise prescribed and, in a criminal infraction case, the fine shall be one category higher than the penalty prescribed by law.

(b) Signs or notices shall be affixed at the point of ingress of constriction or work zones alerting drivers of doubled fines and increased penalties for moving infractions within the zone.


(Mar. 3, 1925, 43 Stat. 1119, ch. 443, § 9c; as added Jan. 23, 2008, D.C. Law 17-67, § 2(b), 54 DCR 11646; Mar. 29, 2018, D.C. Law 22-77, § 3(b), 65 DCR 1555.)

Emergency Legislation

For temporary (90 day) addition, see § 2(b) of Doubled Fines in Construction and Work Zones Emergency Amendment Act of 2007 (D.C. Act 17-149, October 18, 2007, 54 DCR 10894).

For temporary (90 day) addition, see § 2(b) of Doubled Fines in Construction and Work Zones Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-252, January 23, 2008, 55 DCR 1264).


§ 50–2201.04d. Bicyclists’ use of leading pedestrian intervals.

(a) A bicyclist may cross at an intersection while following the pedestrian traffic control signal for the bicyclist’s direction of travel unless otherwise directed by traffic signs or traffic control devices.

(b) A bicyclist may cross an intersection where a leading pedestrian interval is used.


(Mar. 3, 1925, ch. 443, § 9d; as added Dec. 13, 2013, D.C. Law 20-49, § 2(b), 60 DCR 15148.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-49 added this section.


§ 50–2201.05. Fleeing from scene of accident; driving under the influence of liquor or drugs. [Repealed]

Repealed.


(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10; Feb. 27, 1931, 46 Stat. 1427, ch. 317, § 4; Dec. 15, 1944, 58 Stat. 805, ch. 588; Aug. 16, 1954, 68 Stat. 732, ch. 741, §§ 7, 8; Aug. 5, 1981, D.C. Law 4-29, § 604(b)(1), 28 DCR 3081; Sept. 14, 1982, D.C. Law 4-145, §§ 5, 7, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, §§ 10, 11, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 4(c), 38 DCR 7274; Feb. 5, 1994, D.C. Law 10-68, § 32, 40 DCR 6311; May 24, 1994, D.C. Law 10-122, § 3, 41 DCR 1658; Apr. 13, 1999, D.C. Law 12-212, § 2(a), 46 DCR 5; Apr. 3, 2001, D.C. Law 13-238, § 2(a), 48 DCR 602; Oct. 16, 2006, 120 Stat. 2042, Pub. L. 109-356, § 307; Mar. 2, 2007, D.C. Law 16-195, § 8, 53 DCR 8675; Apr. 24, 2007, D.C. Law 16-306, § 228(a), 53 DCR 8610; Mar. 25, 2009, D.C. Law 17-353, § 141, 56 DCR 1117; Dec. 10, 2009, D.C. Law 18-88, § 228, 56 DCR 7413; Sept. 14, 2011, D.C. Law 19-21, § 9002, 58 DCR 6226; Apr. 27, 2013, D.C. Law 19-266, § 102(e), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-716.

1973 Ed., § 40-609.

Section References

This section is referenced in § 1-620.24, § 4-501, § 4-516, § 7-2502.03, § 16-801, § 23-581, § 50-2201.27, and § 50-2302.02.

Effect of Amendments

D.C. Law 13-238, in subsec. (b), rewrote pars. (1) and (2), added the last sentence to par. (4), and added par. (6).

Pub. L. 109-356 rewrote subsec. (b)(3).

D.C. Law 16-195 rewrote subsec. (b)(1): and, in subsec. (b)(2), substituted “person” for “individual”.

D.C. Law 16-306, in subsec. (d), substituted “who is convicted or adjudicated a juvenile delinquent as a result of the commission in the District” for “who is convicted in the District”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (b).

D.C. Law 18-88 rewrote subsecs. (b)(1)(B), (C), (D), and (b)(2).

D.C. Law 19-21, in subsec. (b)(3), deleted “, shall be used by the District of Columbia exclusively for the enforcement and prosecution of the District traffic alcohol laws, and shall remain available until expended” following “District of Columbia”.

Cross References

Alcoholic beverage control, operation of trains, streetcars, and other vehicles by intoxicated persons, see § 25-1009.

Compensation of victims of violent crime, convicted persons, assessments imposed in addition to punishment, see § 4-516.

Compensation of victims of violent crime, “crime of violence,” “crime,” and “victim” defined, see § 4-501.

Criminal procedure, warrantless arrests, see § 23-581.

District of Columbia administration, drug and alcohol testing, implied consent of employees operating vehicles in the scope of employment, see § 1-620.24.

Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.

Expiration of Law

Expiration of Law 12-212

Section 8(b) of D.C. Law 12-212 providing that the act shall expire on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).

For temporary (90-day) repeal of expiration date of section, see § 4 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).

For temporary (90 day) amendment of section, see §§ 2 and 4 of the Driving Under the Influence Repeat Offenders Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-437, October 20, 2000, 47 DCR 8737).

For temporary (90 day) amendment of section, see § 228(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 4(e)(1) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 228(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 8 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 8(a) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary (90 day) amendment of section, see § 228(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 228(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 228 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 228 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) repeal of section, see § 102(e) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 102(e) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) repeal of this section, see § 102(e) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 102(e) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Underage Drinking Temporary Amendment Act of 1993 (D.C. Law 10-12, September 11, 1993, law notification 40 DCR 6834).

For temporary (225 day) amendment of section, see § 4 of Driving Under the Influence Repeat Offenders Temporary Amendment Act of 2000 (D.C. Law 13-198, October 21, 2000, law notification 47 DCR 8988).

Short Title

Short title: Section 9001 of D.C. Law 19-21 provided that subtitle A of title IX of the act may be cited as “Fiscal Year 2012 Transfer of Special Purpose Funds Act of 2011”.

References in Text

“This act”, referred to at the end of subsection (b)(4), means the District of Columbia Traffic Act, 1925.

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 50-2205.02.

For present law, see subchapter III-A of this chapter generally, § 50-2206.01 et seq.; and §§ 50-2206.11, 50-2206.12, 50-2206.14, and 50-2206.16 specifically.

Mayor's Orders

Implementation of authority under Law 4-145: See Mayor’s Order 83-234, September 30, 1983.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 50–2201.05a. Establishment of Ignition Interlock System Program.

(a) For the purposes of this section, the term "covered offense" means a violation of any of the following provisions of law:

(1) Section 50-2206.11, § 50-2206.12, or § 50-2206.14; or

(2) Driving a motor vehicle in a party state while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, pursuant to § 50-1001(IV)(a)(2).

(b) Except as provided in §§ 50-2206.13(d-1), 50-2206.15(c-1), and 50-2206.55(a-1)(2), a person convicted of a covered offense who holds a driver's license issued by the District shall enroll in the Ignition Interlock System Program ("Program") established by this section for:

(1) Upon a first conviction, a period of 6 months;

(2) Upon a second conviction, a period of one year; and

(3) Upon a third or subsequent conviction, a period of 2 years.

(b-1) A person required to participate in the Program pursuant to § 50-1403.01(a) shall enroll in the Program for a period of time to be determined by the Mayor.

(c) A person enrolled in the Program shall:

(1) Not operate a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time, not to exceed the period of license restriction set forth in subsection (b) of this section; and

(2) Install an ignition interlock system on each motor vehicle owned by or registered to the person.

(d)(1) For the duration of the person's participation in the Program, the Department shall issue to the offender a restricted license which shall appropriately set forth the restrictions required by this section and regulations issued pursuant to this section.

(2) The Department may revoke the participant's operator's permit or issue a civil fine for failing to comply with the requirements of the Program.

(e)(1) Except as provided in paragraph (2) of this subsection, a participant in the Program shall pay all costs associated with enrolling and participating in the Program.

(2) Before a participant enrolls in the Program, the Department shall determine whether a participant is indigent. If a participant is determined to be indigent, the Department shall pay all costs associated with that person's enrollment and participation in the Program.

(3) For the purposes of paragraph (2) of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2).

(f) A person violating subsection (c) of this section shall be fined no more than the amount set forth in § 22-3571.01 or incarcerated for no more than one year, or both.


(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10a; as added Apr. 3, 2001, D.C. Law 13-238, § 2(b), 48 DCR 602; Apr. 20, 2013, D.C. Law 19-258, § 2, 60 DCR 1080; Oct. 8, 2016, D.C. Law 21-155, § 701, 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 3(c), 65 DCR 1555.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-258 rewrote (a).

Applicability

Section 7015 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-155. Therefore the changes made to this section by D.C. Law 21-155 have been implemented.

For requirement that section 701 of Law 21-155 shall apply upon the issuance of mayoral rules, see § 704 of D.C. Law 21-155.

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the modification of subsection (e)(2) of this section by § 701 of D.C. Law 21-155 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) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Delegation of Authority

Delegation of Authority Over an Ignition Interlock Device Program Pursuant to the D.C. Traffic Act of 1925, see Mayor’s Order 2002-72, April 19, 2002 ( 49 DCR 3736).


§ 50–2201.05b. Fleeing from a law enforcement officer in a motor vehicle.

(a) For the purposes of this section, the term:

(1) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.

(2) “Signal” means a communication made by hand, voice, or the use of emergency lights, sirens, or other visual or aural devices.

(b)(1) An operator of a motor vehicle who knowingly fails or refuses to bring the motor vehicle to an immediate stop, or who flees or attempts to elude a law enforcement officer, following a law enforcement officer’s signal to bring the motor vehicle to a stop, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 180 days, or both.

(2) An operator of a motor vehicle who violates paragraph (1) of this subsection and while doing so drives the motor vehicle in a manner that would constitute reckless driving under § 50-2201.04(b), or causes property damage or bodily injury, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 5 years, or both.

(c) It is an affirmative defense under this section if the defendant can show, by a preponderance of the evidence, that the failure to stop immediately was based upon a reasonable belief that the defendant’s personal safety is at risk. In determining whether the defendant has met this burden, the court may consider the following factors:

(1) The time and location of the event;

(2) Whether the law enforcement officer was in a vehicle clearly identifiable by its markings, or if unmarked, was occupied by a law enforcement officer in uniform or displaying a badge or other sign of authority;

(3) The defendant’s conduct while being followed by the law enforcement officer;

(4) Whether the defendant stopped at the first available reasonably lighted or populated area; and

(5) Any other factor the court considers relevant.

(d)(1) The Mayor or his designee, pursuant to § 50-1403.01, may suspend the operating permit of a person convicted under subsection (b)(1) of this section for a period of not more than 180 days and may suspend the operating permit of a person convicted under subsection (b)(2) of this section for a period of not more than 1 year.

(2) A suspension of an operator’s permit under paragraph (1) of this subsection for a person who has been sentenced to a term of imprisonment for a violation of subsection (b)(1) or (2) of this section shall begin following the person’s release from incarceration.

(e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.


(Mar. 3, 1925, ch. 443, § 10b; as added Mar. 16, 2005, D.C. Law 15-239, § 2(b), 51 DCR 9600; Apr. 27, 2013, D.C. Law 19-266, § 102(f), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 271(c), 60 DCR 2064.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 substituted “$12,500” for “$5,000” in (b)(2).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (b)(1), and for “not more than $5,000 [$12,500]” in (b)(2).

Emergency Legislation

For temporary (90 day) addition, see § 2 of the Fleeing Law Enforcement Prohibition Emergency Amendment Act of 2004 (D.C. Act 15-495, July 19, 2004, 51 DCR 7841).

For temporary (90 day) addition, see § 2 of Fleeing Law Enforcement Prohibition Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-546, October 12, 2004, 51 DCR 9842).

For temporary (90 day) addition of section, see § 2 of Fleeing Law Enforcement Prohibition Second Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-726, January 13, 2005, 52 DCR 1950).

For temporary (90 day) amendment of section, see § 102(f) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary (90 day) addition of sections, see § 102(g) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of (b)(2), see § 102(f) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(f) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 271(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 102(f) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2201.05c. Leaving after colliding.

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and:

(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;

(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or

(3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.

(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer.

(c) It is not a defense to a violation of this section that the defendant:

(1) Was intoxicated, impaired in any way, or distracted; or

(2) Was not at fault for the collision.

(d)(1)(A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both.

(B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both.

(2)(A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both.

(B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.


(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10c; as added Apr. 27, 2013, D.C. Law 19-266, § 102(g), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 271(d), 59 DCR 12957.)

Section References

This section is referenced in § 50-2206.55.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (d)(1)(A), for “not more than $2,500” in (d)(1)(B), for “not more than $250” in (d)(2)(A), and for “not more than $500” in (d)(2)(B).

Emergency Legislation

For temporary (90 days) addition of section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) addition of this section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 271(d) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2201.05d. Object falling or flying from vehicle.

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that an object likely to cause damage has detached from, fallen, or flown from his or her vehicle shall immediately stop and:

(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;

(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the event, to law enforcement or 911; or

(3) Where real or personal property or a wild or domestic animal, as a result of the event, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.

(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the event, including the location of the event, and followed the instructions of the 911 operator or a law enforcement officer.

(c) It is not a defense to a violation of this section that the defendant:

(1) Was intoxicated, impaired in any way, or distracted; or

(2) Was not at fault for the object falling from or flying from the vehicle.

(d)(1) A person violating any provision of subsection (a) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 60 days, or both.

(2) A person violating any provision of subsection (a) of this section when the person has a prior offense under subsection (a) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.


(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10d; as added Apr. 27, 2013, D.C. Law 19-266, § 102(g), 59 DCR 12957.)

Section References

This section is referenced in § 50-2206.55.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $500” in (d)(1) and (d)(2).

Emergency Legislation

For temporary (90 days) addition of section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) addition of this section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 102(g) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2201.06. Garage keeper to report cars damaged in accidents.

The individual in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident or struck by bullets shall report to a police station within 24 hours after such motor vehicle is received, giving the make of the motor vehicle, the engine number, the registry number, and the name and address of the owner or operator of such motor vehicle. Any such individual failing so to report shall, upon conviction thereof, be fined not less than $25 nor more than $100 for each offense.


(Mar. 3, 1925, 43 Stat. 1125, ch. 443, § 12; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138.)

Prior Codifications

1981 Ed., § 40-719.

1973 Ed., § 40-611.

Editor's Notes

Definitions applicable: For definitions applicable in this section, see § 50-2201.02.


§ 50–2201.07. Control over park system not affected by this part.

Nothing contained in this part shall be construed to interfere with the exclusive charge and control prior to March 3, 1925, committed to the Director of the National Park Service over the park system of the District, and he or she is hereby authorized and empowered to make and enforce all regulations for the control of vehicles and traffic, and limiting the speed thereof on roads, highways, and bridges within the public grounds in the District, under his or her control, subject to the penalties prescribed in this part.


(Mar. 3, 1925, 43 Stat. 1126, ch. 443, § 16(b); July 3, 1926, 44 Stat. 835, ch. 760, § 3; Apr. 27, 2013, D.C. Law 19-266, § 102(h), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-721.

1973 Ed., § 40-613.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 substituted “he and she” and “his or her” for “he” and “his,” respectively.

Cross References

Parks and playgrounds, regulation of vehicles and traffic, see § 10-105.

Emergency Legislation

For temporary (90 day) repeal of section, see § 102(h) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of section, see § 102(h) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(h) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 102(h) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Transfer of Functions

By Executive Order No. 6166, dated June 10, 1933, the Office of Public Buildings and Public Parks of the National Capital was changed to National Parks, Buildings, and Reservations. Act of March 2, 1934, 48 Stat. 389, ch. 38, § 1, abolished National Parks, Buildings, and Reservations and transferred its powers and duties to the National Park Service.


§ 50–2201.08. Repeal of certain prior laws; saving clause.

(a) The provisions of the act entitled “An Act regulating the speed of automobiles in the District of Columbia, and for other purposes,” approved June 29, 1906 (34 Stat. 621, ch. 3615), and, in so far as they relate to the regulation of vehicles or vehicle traffic in the District, the provisions of the act entitled “An act to authorize the Commissioners of the District of Columbia to make police regulations for the government of said District,” approved January 26, 1887 (24 Stat. 369, ch. 49) and of the joint resolution entitled “Joint resolution to regulate licenses to proprietors of theaters in the city of Washington, District of Columbia, and for other purposes,” approved February 26, 1892 (27 Stat. 394, Res. 4, 7) and of the act entitled “An act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30th, 1918, and for other purposes,” approved March 3, 1917 (39 Stat. 1064, ch. 160), are repealed. The provisions of § 20 of the Act entitled “An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columbia, and for other purposes,” approved March 3, 1917 (39 Stat. 1129, ch. 165), shall not apply to any person operating any motor vehicle in the District.

(b) Any violation of any provision of law or regulation issued thereunder which is repealed by this part and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal, be prosecuted to the same extent as if this part had not been enacted.


(Mar. 3, 1925, 43 Stat. 1125, ch. 443, § 16(a), (c).)

Prior Codifications

1981 Ed., § 40-722.

1973 Ed., § 40-614.


§ 50–2201.09. Severability.

If any provision of this part is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the part and the applicability of such provision to other persons and circumstances shall not be affected thereby.


(Mar. 3, 1925, 43 Stat. 1126, ch. 443, § 18.)

Prior Codifications

1981 Ed., § 40-723.

1973 Ed., § 40-615.


Part B. Miscellaneous.

§ 50–2201.21. Rules for towing and impoundment of vehicles, and vehicle conveyance fees.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules regarding towing and impoundment of vehicles in connection with enforcement of the District’s parking restrictions and to establish the amount of, and implement a system for collecting, a vehicle conveyance fee.


(Sept. 12, 1978, D.C. Law 2-104, § 505, 25 DCR 1275; Mar. 20, 2009, D.C. Law 17-303, § 4(d), 55 DCR 12803.)

Prior Codifications

1981 Ed., § 40-704.

1973 Ed., § 40-603.1.

Effect of Amendments

D.C. Law 17-303 rewrote the section, which had read as follows: “The Mayor of the District of Columbia is authorized to establish from time to time a reasonable fee to be charged for the cost of storing impounded vehicles. Such storage fee shall not be charged for the first 24 hour period in which a vehicle is impounded.”


§ 50–2201.22. Appeal from assessment of excise tax for title certificates; election of remedies.

Any person aggrieved by the assessment of any tax imposed by § 50-2201.03(j) may, within 6 months from the date the person entitled to a certificate of title was notified of the amount of such tax, appeal to the Superior Court of the District of Columbia in the same manner and to the same extent as set forth in §§ 47-3303, 47-3304, 47-3306, 47-3307 and 47-3308, and as the same may hereafter be amended.


(May 27, 1949, 63 Stat. 129, ch. 146, title III, § 303; July 29, 1970, 84 Stat. 573, 581, Pub. L. 91-358, title I, §§ 156(a), 161(d)(2).)

Prior Codifications

1981 Ed., § 40-705.

1973 Ed., § 40-605-1.


§ 50–2201.23. Mayor may enter into interstate agreement concerning enforcement of traffic laws.

The Mayor of the District of Columbia may enter into an interstate agreement with the Commonwealth of Virginia or with the State of Maryland, or with both, pursuant to which the parties to such agreement may assist each other in the enforcement of its laws relating to traffic (including parking violations).


(June 30, 1972, 86 Stat. 392, Pub. L. 92-327, § 2.)

Prior Codifications

1981 Ed., § 40-706.

1973 Ed., § 40-603-2.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 50–2201.24. Office of Registrar of Titles and Tags.

The employee of the Department of Transportation who is charged with the immediate responsibility for, and exercises supervision over, the issuance of tags and certificates of title and the registration of motor vehicles and trailers shall be known as the Registrar of Titles and Tags.


(June 28, 1944, 58 Stat. 527, ch. 300, § 1.)

Prior Codifications

1981 Ed., § 40-707.

1973 Ed., § 40-603a.

Editor's Notes

Department of Vehicles and Traffic abolished: See Historical and Statutory Notes following § 50-2201.03.


§ 50–2201.25. Issuance of congressional tags.

After June 28, 1944, no part of any District of Columbia appropriations shall be available for any expense for or incident to the issuance of congressional tags except to those persons set out in § 50-2201.03, including the Speaker and the Vice President.


(June 28, 1944, 58 Stat. 532, ch. 300, § 8.)

Prior Codifications

1981 Ed., § 40-708.

1973 Ed., § 40-603b.


§ 50–2201.26. Issuance of duplicate congressional tags.

Each Senator, member of the House of Representatives, and other individual who is authorized by law to be issued a congressional tag for his automobile shall, upon application therefor, be entitled to be issued a duplicate tag bearing the same number.


(Aug. 5, 1977, 91 Stat. 684, Pub. L. 95-94, title IV, § 410.)

Prior Codifications

1981 Ed., § 40-709.

1973 Ed., § 40-603c.


§ 50–2201.27. [Reserved].

Reserved for future codification.


(Feb. 27, 1931, 46 Stat. 1429, ch. 317, § 5.)

Prior Codifications

1981 Ed., § 40-720.

1973 Ed., § 40-612.

Editor's Notes

The act provision formerly codified at this location has been removed from the Code at the request of the Codification Counsel. See now the Editor’s note under §§ 50-1403.01, 50-2201.03, 50-2201.04, and 50-2201.05.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 50–2201.28. Right-of-way at crosswalks.

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within any marked crosswalk, or unmarked crosswalk at an intersection, when the pedestrian is upon the lane, or within one lane approaching the lane, on which the vehicle is traveling or onto which it is turning.

(a-1) Whenever a vehicle is stopped at a marked crosswalk at an unsignalized intersection, a vehicle approaching the crosswalk in an adjacent lane or from behind the stopped vehicle shall stop and give the right-of-way to ensure the safety of pedestrians and bicyclists before passing the stopped vehicle.

(b) A pedestrian who has begun crossing on the “WALK” signal shall be given the right-of-way by the driver of any vehicle to continue to the opposite sidewalk or safety island, whichever is nearest.

(b-1) A person on a bicycle or operating a personal mobility device upon or along a sidewalk or while crossing a roadway in a crosswalk shall have the rights and duties applicable to a pedestrian under the same circumstances; provided, that:

(1) The bicyclist or personal mobility device operator yields to pedestrians on the sidewalk or crosswalk; and

(2) Riding a bicycle on the sidewalk is permitted.

(c) Any person convicted of failure to stop and give the right-of-way to a pedestrian or of colliding with a pedestrian shall be subject to a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 30 days, or both. Any person convicted of a violation of this section may be sentenced to perform community service as an alternative to, but not in addition to, any term of imprisonment authorized by this section.

(c-1) Civil fines, penalties, and fees may be imposed by the Department of Motor Vehicles as alternative sanctions for any infraction of the provisions of this section, or rules or regulations issued under the authority of this section, pursuant to Chapter 23 of this title [§ 50-2301.01 et seq.]. Adjudication of any infraction shall be pursuant to Chapter 23 of this title [§ 50-2301.01 et seq.].

(d) The Mayor of the District of Columbia (“Mayor”) shall submit to the Council of the District of Columbia (“Council”) a proposed plan for an extensive public information program on the rights and responsibilities of pedestrians and drivers. This proposed plan shall include proposals for increasing police enforcement of pedestrian right-of-way laws. The proposed plan shall be submitted to the Council within 90 days of October 9, 1987, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed plan, in whole or in part, by resolution within this 45-day review period, the proposed plan shall be deemed approved.

(e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.


(Oct. 9, 1987, D.C. Law 7-34, § 2, 34 DCR 5316; Mar. 16, 2005, D.C. Law 15-224, § 2, 51 DCR 10533; Mar. 2, 2007, D.C. Law 16-191, § 114, 53 DCR 6794; Nov. 25, 2008, D.C. Law 17-269, § 2, 55 DCR 11015; Dec. 2, 2011, D.C. Law 19-49, § 2, 58 DCR 8945; Mar. 5, 2013, D.C. Law 19-206, § 2, 59 DCR 12505; May 1, 2013, D.C. Law 19-307, § 201, 60 DCR 2753; June 11, 2013, D.C. Law 19-317, § 273, 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-726.

Effect of Amendments

D.C. Law 15-224 rewrote subsec. (a) and, in subsec. (c), substituted “stop and give” for “yield”.

D.C. Law 16-191 added subsec. (e).

D.C. Law 17-269 added subsec. (c-1).

D.C. Law 19-49 rewrote subsec. (c-1).

The 2013 amendment by D.C. Law 19-206 added (a-1) and (b-1).

The 2013 amendment by D.C. Law 19-307 rewrote (a), which read: “When official traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and give the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or unmarked crosswalk at an intersection.”

The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in § 22-3571.01” for “of not more than $500” in (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Pedestrian Safety Reinforcement Emergency Amendment Act of 2011 (D.C. Act 19-135, August 9, 2011, 58 DCR 6798).

For temporary amendment of (a), see § 201 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) amendment of this section, see § 273 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) safety-based traffic enforcement, see § 201 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).

Editor's Notes

For requirement of the submission of a report and recommendations as to whether the DC Circulator buses and District-owned, heavy-duty vehicles should be equipped with pedestrian-alert technologies, see § 606 of D.C. Law 21-155.

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.

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.


§ 50–2201.29. Bus right-of-way at intersections.

(a) A motor vehicle driver shall be prohibited from passing to the left and pulling in front of a bus to make a right turn when the bus is at a bus stop at an intersection to receive or discharge passengers; the vehicle shall stay or merge behind the bus to effect its turn.

(b) A person violating subsection (a) of this section shall be subject to a fine of $100.00 or twice the fine prescribed for illegal turns, whichever is greater.

(c) Within 60 days of September 29, 2006, the Mayor shall ensure that affixed on the rear of each bus operating in the District of Columbia is a sticker or decal advising drivers of the prohibition described in subsection (a) of this section.

(d) Nothing in this section shall relieve the operator of a bus from complying with all applicable traffic regulations or from otherwise exercising due caution in the operation of a bus.

(e) For the purposes of this section, “Bus” means public transit such as Metrobuses, the Downtown Circulator, the Georgetown Blue Buses, Maryland and Virginia State commuter charters, and Tourmobile vehicles.


(Oct. 9, 1987, D.C. Law 7-34, § 2a; as added Sept. 29, 2006, D.C. Law 16-165, § 2, 53 DCR 6190.)


§ 50–2201.30. Special signs for failure to yield to pedestrians in crosswalks.

The District Department of Transportation shall develop and implement a plan to create and post special signs with the following or substantially similar notation: “D.C. Law: Failure to stop for pedestrians in crosswalk punishable by $250 fine”. The signs shall be posted at selected District crosswalks and intersections to alert motorists of the fine for this infraction. The Director of the District Department of Transportation shall be responsible for determining which crosswalks and intersections shall have the signs.


(Nov. 25, 2008, D.C. Law 17-269, § 4, 55 DCR 11015; Sept. 26, 2012, D.C. Law 19-171, § 141, 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “pedestrians in crosswalks” for “a pedestrian” in the section heading.


§ 50–2201.31. Signs identifying the District as a strict enforcement zone.

Within 180 days of May 1, 2013, the Mayor shall post signs identifying the entire District as a strict traffic enforcement zone and warning that automated cameras are used to enforce a wide range of moving violations. The signs shall be posted throughout the District, in locations as determined by the Mayor to be necessary or appropriate.


(May 1, 2013, D.C. Law 19-307, § 102, 60 DCR 2753.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 102 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).

Editor's Notes

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


§ 50–2201.32. Speed limit assessment.

(a) By November 1, 2013, the Mayor shall complete a District-wide assessment that evaluates the speed limits on the District’s arterials and other streets. The report of the assessment shall include the criteria used for assessing the speed limits. Upon its completion, the assessment shall be posted to the District Department of Transportation’s website. The assessment shall identify a list of recommended speed limits for all District streets based on each of the following independent approaches:

(1) Utilize factors common among transportation officials for the determination of speed limit;

(2) Use factors based on safety and mobility needs of pedestrians, bicyclists, transit drivers and all other potential road users, as well as factors based on input from local neighborhood representatives and organizations that promote road safety including Advisory Neighborhood Commissions, the Pedestrian Advisory Council, and the Bicycle Advisory Council;

(3) Evaluate whether comparable arterials should have comparable speed limits, and similarly do so for other streets; and

(4) Include, based solely on an engineering perspective, speed limits for the District’s arterials and other streets.

(b) By January 1, 2014, the Mayor shall revise, through rulemaking, existing speed limits throughout the District, as appropriate. Notwithstanding this requirement, the Mayor shall not cause an anti-deficiency as determined by a fiscal impact statement obtained by the Mayor from the Chief Financial Officer.


(May 1, 2013, D.C. Law 19-307, § 104, 60 DCR 2753.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 104 of the Safety-Based Traffic Enforcement Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-50, April 22, 2013, 60 DCR 6339, 20 DCSTAT 1356).

Editor's Notes

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


§ 50–2201.33. Emergency speed-limit changes. [Repealed]

Repealed.


(May 1, 2013, D.C. Law 19-307, § 105, 60 DCR 2753; Dec. 24, 2013, D.C. Law 20-61, § 6002, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) repeal of this section, see § 6002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of this section, see § 6002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 6001 of D.C. Law 20-61 provided that Subtitle A of Title VI of the act may be cited as the “Safety-Based Traffic Enforcement Fine Reduction Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Subchapter II. Negligent Homicide.

§ 50–2203.01. Negligent homicide.

Any person who, by the operation of any vehicle in a careless, reckless, or negligent manner, but not wilfully or wantonly, shall cause the death of another, including a pedestrian in a marked crosswalk, or unmarked crosswalk at an intersection, shall be guilty of a felony, and shall be punished by imprisonment for not more than 5 years or by a fine of not more than the amount set forth in § 22-3571.01 or both.


(Mar. 3, 1901, ch. 854, § 802(a); June 17, 1935, 49 Stat. 385, ch. 266; June 25, 1936, 49 Stat. 1921, ch. 804; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 578, Pub. L. 91-358, title I, § 160(a)(3); Sept. 14, 1982, D.C. Law 4-145, § 8, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 14, 29 DCR 5753; Oct. 9, 1987, D.C. Law 7-34, § 3, 34 DCR 5316; June 11, 2013, D.C. Law 19-317, § 274, 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-713.

1973 Ed., § 40-606.

Section References

This section is referenced in § 50-2203.02, § 50-2203.03, § 50-2206.51, and § 50-2302.02.

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 “of not more than $5,000”.

Cross References

Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 274 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.


§ 50–2203.02. Negligent homicide included in manslaughter where death due to operation of vehicle.

The crime of negligent homicide defined in § 50-2203.01 shall be deemed to be included within every crime of manslaughter charged to have been committed in the operation of any vehicle, and in any case where a defendant is charged with manslaughter committed in the operation of any vehicle, if the jury shall find the defendant not guilty of the crime of manslaughter such jury may, in its discretion, render a verdict of guilty of negligent homicide.


(Mar. 3, 1901, ch. 854, § 802(b); June 17, 1935, 49 Stat. 385, ch. 266.)

Prior Codifications

1981 Ed., § 40-714.

1973 Ed., § 40-607.

Section References

This section is referenced in § 50-2203.03.


§ 50–2203.03. Immoderate speed not dependent on legal rate of speed.

In any prosecution under § 50-2203.01 or § 50-2203.02, whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such vehicle.


(Mar. 3, 1901, ch. 854, § 802(c); June 17, 1935, 49 Stat. 385, ch. 266.)

Prior Codifications

1981 Ed., § 40-715.

1973 Ed., § 40-608.


Subchapter II-A. Aggressive Driving.

§ 50–2204.01. Aggressive driving.

(a) It shall be a violation of this section if a person violates 3 or more of the following provisions at the same time or during a single and continuous period of driving within the course of one mile:

(1) Section 2000.4 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2000.4);

(2) Section 2200 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2200);

(3) Section 2201.6 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2201.6);

(4) Section 2201.9 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2201.9);

(5) Section 2202.4 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2202.4);

(6) Section 2205 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2205);

(7) Section 2210.1 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2210.1);

(8) Section 2220 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2220);

(9) Section 2405.1(e) of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2405.1(e)); or

(10) § 50-2201.04.

(b)(1) The penalty for violating this section shall be a fine of $200 and 2 traffic points. The penalties prescribed by this subsection shall be applied in addition to any other penalties provided by law for the offenses listed in subsection (a) of this section.

(2) In addition to any penalty described in paragraph (1) of this subsection, a person who violates this section shall complete traffic school, as approved by the Department of Motor Vehicles, within 90 days of the date on which the infraction is established. Failure to successfully complete the traffic school shall result in the suspension of the driver's license or privilege to operate a motor vehicle in the District for a period to be determined by the Department of Motor Vehicles.

(c) A violation of this section shall be processed and adjudicated under the provisions applicable to moving violations set forth in subchapter II of Chapter 23 of this title.


(Oct. 8, 2016, D.C. Law 21-155, § 604, 63 DCR 10143.)

Editor's Notes

For requirement of the issuance of rules to implement title 7 of Law 21-155, see § 703 of D.C. Law 21-155.


Subchapter II-B. Motor Vehicle Collision Recovery.

§ 50–2204.51. Definitions.

For the purposes of this subchapter, the term:

(1) "Motor vehicle" shall have the same meaning as provided in § 50-1301.02(4).

(2) "Non-motorized user" means an individual using a skateboard, non-motorized scooter, Segway, tricycle, and other similar non-powered transportation devices.

(3) "Pedestrian" shall have the same meaning as provided in 18 DCMR § 9901.1.

(4) "Public highway" shall have the same meaning as provided in § 50-1301.02(9).


(Nov. 26, 2016, D.C. Law 21-167, § 2, 63 DCR 12592.)


§ 50–2204.52. Contributory negligence limitation.

(a) The negligence of a pedestrian, bicyclist, or other non-motorized user of a public highway involved in a collision with a motor vehicle shall not bar the plaintiff's recovery in any civil action unless the plaintiff's negligence is:

(1) A proximate cause of the plaintiff's injury; and

(2) Greater than the aggregated total amount of negligence of all of the defendants that proximately caused the plaintiff's injury.

(b) Nothing in this subchapter shall be construed to:

(1) Change or affect the doctrine of joint and several liability or the last clear chance doctrine; or

(2) Reduce the legal protections provided to pedestrians and cyclists under:

(A) § 7-1004; or

(B) § 50-1606.


(Nov. 26, 2016, D.C. Law 21-167, § 3, 63 DCR 12592.)


§ 50–2204.53. Non-severability.

If any provision of this subchapter or its application to any person or circumstance is held to be unconstitutional, beyond the statutory authority of the Council, or otherwise invalid, then all provisions of this subchapter shall be deemed invalid.


(Nov. 26, 2016, D.C. Law 21-167, § 4, 63 DCR 12592.)


Subchapter III. Driving While Under the Influence of Alcohol.

§ 50–2205.01. Prima facie evidence of intoxication; relevant evidence of use of intoxicating liquor. [Repealed]

Repealed.


(Mar. 4, 1958, 72 Stat. 30, 31, Pub. L. 85-338, §§ 1, 2; Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 8; Sept. 14, 1982, D.C. Law 4-145, § 11(a), 29 DCR 3138.)

Prior Codifications

1981 Ed., § 40-717.

1973 Ed., § 40-609a.

Emergency Legislation

For temporary (90 days) amendment of this subchapter, see § 103(a)-(d) and (e)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

Editor's Notes

Section 103(a) and (e)(1) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 2 and 3 as Subtitle A of Title I of the act.

Section 103(b) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 4 to 11 as Title II of the act.

Section 103(c) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 12 and 13 as Title III of the act.

Section 103(d) of D.C. Law 19-266 designated D.C. Law 4-145, § 14 as Title IV of the act.


§ 50–2205.02. Evidence of intoxication. [Repealed]

Repealed.


(Sept. 14, 1982, D.C. Law 4-145, § 2, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-714, §§ 4, 5, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 2(a), 38 DCR 7274; Feb. 5, 1994, D.C. Law 10-68, § 33, 40 DCR 6311; Apr. 13, 1999, D.C. Law 12-212, § 5, 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, § 2, 53 DCR 8675; Dec. 10, 2009, D.C. Law 18-88, § 229, 56 DCR 7413; Apr. 27, 2013, D.C. Law 19-266, § 103(e)(2)(A), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-717.1.

Effect of Amendments

D.C. Law 16-195 rewrote the section.

D.C. Law 18-88, in par. (1), substituted “less than 0.05 grams” for “0.05 grams or less”; and rewrote par. (2).

Cross References

Implied consent of motor vehicle operators to blood-alcohol content tests, see § 50-1901 et seq.

Expiration of Law

Expiration of Law 12-212

Section 8(b) of D.C. Law 12-212, which provided that the act shall expire on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.

Emergency Legislation

For temporary (90-day) repeal of expiration date of section, see § 4 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).

For temporary (90 day) amendment of section, see § 4 of the Driving Under the Influence Repeat Offenders Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-437, October 20, 2000, 47 DCR 8737).

For temporary (90 day) addition of section, see § 2 of Anti-Drunk Driving Clarification Emergency Amendment Act of 2005 (D.C. Act 16-194, November 3, 2005, 52 DCR 10034).

For temporary (90 day) amendment of section, see § 2 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-300, February 27, 2006, 53 DCR 1881).

For temporary (90 day) amendment of section, see § 2 of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 2 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 2 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary (90 day) amendment of section, see § 229 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 229 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) repeal of section, see § 103(e)(2)(A) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary (90 days) codification of D.C. Law 4-145, §§ 2 and 3 (§§ 50-2205.02 and 50-2205.03), as Part A of this subchapter, entitled “Impaired Operating or Driving,” see § 103(a) and (e)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) codification of D.C. Law 4-145, §§ 4 to 11 as Title II of the act, see § 103(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) codification of D.C. Law 4-145, §§ 12 and 13 as Title III of the act, see § 103(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) codification of D.C. Law 4-145, § 14 as Title IV of the act, see § 103(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) repeal of this section, see § 103(e)(2)(A) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) repeal of this section, see § 103(e)(2)(A) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) codification of D.C. Law 4-145, §§ 2 and 3 (§§ 50-2205.02 and 50-2205.03), as Subtitle A of Title I of the act, see § 103(a) and (e)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) codification of D.C. Law 4-145, §§ 4 to 11 as Title II of the act, see § 103(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) codification of D.C. Law 4-145, §§ 12 and 13 as Title III of the act, see § 103(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) codification of D.C. Law 4-145, § 14 as Title IV of the act, see § 103(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) repeal of this section, see § 103(e)(2)(A) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 4 of Driving Under the Influence Repeat Offenders Temporary Amendment Act of 2000 (D.C. Law 13-198, October 21, 2000, law notification 47 DCR 8988).

For temporary (225 day) amendment of section, see § 2 of Anti-Drunk Driving Clarification Temporary Amendment Act of 2005 (D.C. Law 16-50, February 9, 2006, law notification 53 DCR 1458).

Editor's Notes

Mayor authorized to issue rules: Section 12 of D.C. Law 4-145 provided that the Mayor shall issue rules to implement the provisions of the act.


§ 50–2205.03. Admissibility of test results. [Repealed]

Repealed.


(Sept. 14, 1982, D.C. Law 4-145, § 3, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 6, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 2(b), 38 DCR 7274; Apr. 27, 2013, D.C. Law 19-266, § 103(e)(2)(B), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-717.2.

Cross References

Alcoholic beverage control, preliminary alcohol breath test results, admissibility, see § 25-1006.

Emergency Legislation

For temporary (90 day) repeal of section, see § 103(e)(2)(B) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 103(e)(2)(B) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) repeal of this section, see § 103(e)(2)(B) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 103(e)(2)(B) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 50-2205.02.


Subchapter III-A. Impaired Operating or Driving.

Part A. Definitions.

§ 50–2206.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Active metabolite” means an active form of a drug after it has been processed by the body.

(2) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.

(3) “Chemical test” or “chemical testing” means any qualitative or quantitative procedure which is designed to demonstrate the existence or absence of a chemical compound or chemical group. Any handheld and portable breath testing instrument, otherwise known as a roadside breath test, is excluded from this definition.

(4) “Commercial vehicle” means a vehicle used to transport passengers or property:

(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;

(B) If the vehicle is designed to transport more than 15 passengers, including the driver;

(C) If the vehicle is a locomotive or a streetcar;

(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or

(E) If the vehicle is a vehicle for hire.

(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.

(6) “Drug” means any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance as defined in § 48-901.02(4), and any prescription or non-prescription medication.

(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.

(8) “Impaired” means a person’s ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed.

(9) “Intoxicated” means:

(A) Except as provided in subparagraph (B) of this paragraph, that:

(i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or

(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.

(B) If operating or in physical control of a commercial vehicle, that:

(i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or

(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.

(10) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.

(11) “Mandatory-minimum term of incarceration” means a term of incarceration which shall be imposed and cannot be suspended by the court. The person shall not be released or granted probation, or granted suspension of sentence before serving the mandatory-minimum sentence.

(12) “Mayor” means the Mayor of the District of Columbia or his or her designee.

(13) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured.

(14) “Minor” means a person under the age of 18 years.

(15) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as defined by paragraph (16) of this section, or a battery-operated wheelchair when operated by a person with a disability.

(16) “Personal mobility device” or “PMD” means a motorized propulsion device designed to transport one person or a self-balancing, 2 non-tandem wheeled device, designed to transport only one person with an electric propulsion system, but does not include a battery-operated wheelchair.

(17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense.

(18) “Specimen” means that quantity of a person’s blood, breath, or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath test instrument if necessary to complete a valid breath test, or a single blood draw or single urine sample regardless of how many times the blood or urine sample is tested.

(19) “This subchapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.

(20) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.

(21) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.

(22) “Vehicle for hire” means:

(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;

(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;

(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or

(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs.

(23) “Watercraft” means a boat, ship, or other craft used for water transportation, as well as water skis, an aquaplane, a sailboard, or a similar vessel.


(Sept. 14, 1982, D.C. Law 4-145, § 3a; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(2)(C), 59 DCR 12957.)

Section References

This section is referenced in § 1-620.24, § 1-620.33, § 24-211.23, § 48-921.02a, § 50-1301.37, and § 50-1403.01.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of section, see § 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary (90 days) addition of section, see § 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) addition of this section, see § 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

As amended by D.C. Law 19-266, this section had two subdivisions designated as (2), but no subdivision (4). Consequently, the second subdivision (2) and subdivision (3) were redesignated as (3) and (4), respectively.

Section 103(a) and (e)(1) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 2 and 3 as Subtitle A of Title I of the act.

Section 103(b) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 4 to 11 as Title II of the act.

Section 103(c) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 12 and 13 as Title III of the act.

Section 103(d) of D.C. Law 19-266 designated D.C. Law 4-145, § 14 as Title IV of the act.


Part B. Operating a Vehicle.

§ 50–2206.11. Driving under the influence (DUI) of alcohol or a drug.

No person shall operate or be in physical control of any vehicle in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3b; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.51, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this part, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary (90 days) addition of this part, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.12. Driving under the influence of alcohol or a drug; commercial vehicle.

No person shall operate or be in physical control of any commercial vehicle in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3c; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.17, § 50-2206.51, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.13. Penalties for driving under the influence of alcohol or a drug.

(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50-2206.11 or § 50-2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that:

(1) A 10-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(b) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed, and in addition :

(1) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.32 grams per 100 milliliters of urine; or

(3) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(c) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both; provided, that a 15-day mandatory-minimum term of incarceration shall be imposed, and in addition:

(1) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 30-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as defined in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(d) An additional 30-day mandatory-minimum term of incarceration shall be imposed for each additional violation of any one or more provisions of § 50-2206.11 or § 50-2206.12 if the person has 3 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense.

(d-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a, and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District revoked until such time as the Department may reinstate the person's driver's license or privilege to operate a motor vehicle in the District pursuant to paragraph (2) of this subsection.

(2) A person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(e) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3d; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(1), 59 DCR 12957; Oct. 8, 2016, D.C. Law 21-155, § 702(a), 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 4(a), 65 DCR 1555.)

Section References

This section is referenced in § 50-2206.17.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (e).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(1) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2206.14. Operating a vehicle while impaired.

No person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3e; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.15. Penalty for operating a vehicle while impaired.

(a) Except as provided in subsections (b) and (c) of this section, a person violating § 50-2206.14 shall upon conviction for the first offense be fined $500, or incarcerated for not more than 90 days, or both.

(b) A person violating any provision of § 50-2206.14 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $2,500, or incarcerated for not more than one year, or both; provided, that a 5-day mandatory-minimum term of incarceration shall be imposed.

(c) A person violating any provision of § 50-2206.14 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed.

(c-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a, and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.14 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District revoked until such time as the Department may reinstate the person's driver's license or privilege to operate a motor vehicle in the District pursuant to paragraph (2) of this subsection.

(2) A person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3f; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(2), 60 DCR 2064; Oct. 8, 2016, D.C. Law 21-155, § 702(b), 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 4(b), 65 DCR 1555.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(2) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2206.16. Operating under the influence of alcohol or a drug; horse-drawn vehicle.

(a) No person shall operate or be in the physical control of any horse-drawn vehicle while under the influence of alcohol or any drug or any combination thereof.

(b) A person violating the provisions of this section shall, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, or be incarcerated for not more than 90 days, or both.

(c) Civil penalties and fees may be imposed as alternative sanctions for any violation of this section in accordance with the procedures under Chapter 14 of Title 8 [§ 8-1401 et seq.].


(Sept. 14, 1982, D.C. Law 4-145, § 3g; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 272, 60 DCR 2064.)

Section References

This section is referenced in § 50-2206.54 and § 50-2206.55.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “$500” in (b).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 272 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.

A person violating any provision of § 50-2206.12 shall, in addition to any applicable penalty under section § 50-2206.13, be subject to an additional 5 day mandatory-minimum term of incarceration.


(Sept. 14, 1982, D.C. Law 4-145, § 3h; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.18. Additional penalty for impaired driving with a minor in vehicle.

(a) A person convicted of any offense under this part who, at the time of operation or physical control of the vehicle had a minor, other than him or herself, in the vehicle, shall, in addition to any applicable penalty under this part:

(1) Be fined a minimum of $500 and not more than $1,000 per minor; and

(2) Be incarcerated for a mandatory-minimum term of incarceration of:

(A) 5 days per minor if the minor or minors are restrained in, or by, an age-appropriate child passenger-safety restraint; or

(B) 10 days per minor if the minor or minors are not restrained in, or by, an age-appropriate child passenger-safety restraint.

(b) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3i; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 redesignated the existing provisions as (a); and added (b).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(3) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


Part C. Operating a Watercraft.

§ 50–2206.31. Operating under the influence of alcohol or a drug; watercraft.

No person shall operate or be in physical control of any watercraft in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3j; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1911, § 50-2206.32, § 50-2206.34, § 50-2206.51, and § 50-2206.54.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.32. Penalties for operating watercraft under the influence of alcohol or a drug.

(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50-2206.31 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both.

(b) A person violating any provisions of § 50-2206.31 when the person has a prior offense under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both.

(c) A person violating any one or more provisions of § 50-2206.31 when the person has 2 or more prior offenses under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3k; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(4), 59 DCR 12957.)

Section References

This section is referenced in § 50-1911.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(4) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2206.33. Operating a watercraft while impaired.

No person shall operate or be in physical control of any watercraft in the District while the person’s ability to operate a watercraft in the District is impaired by the consumption of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3l; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-2206.32, § 50-2206.34, and § 50-2206.54.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.34. Penalties for operating watercraft while impaired.

(a) Except as provided in subsections (b) and (c) of this section, a person violating § 50-2206.33 shall upon conviction for the first offense be fined $250, or incarcerated for not more than 30 days, or both.

(b) A person violating § 50-2206.33 when the person has a prior offense under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not more than $2,500, or incarcerated for not more than 180 days, or both.

(c) A person violating § 50-2206.33 when the person has 2 or more prior offenses under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3m; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(5), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(5) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


§ 50–2206.35. Harbor Master public awareness campaign.

The Harbor Master shall be directly responsible for enforcing this part and shall ensure that the public is made aware of the District’s aggressive enforcement policy through a continual public awareness campaign.


(Sept. 14, 1982, D.C. Law 4-145, § 3n; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.36. Additional penalty for impaired operating with a minor in the watercraft.

A person convicted of any offense under this part who, at the time of operation or physical control of the watercraft had a minor, other than him or herself, in the watercraft, shall, in addition to any applicable penalty under this part, be fined a minimum of $500 and not more than $1,000 per minor, and be incarcerated a mandatory-minimum term of incarceration of 5 days per minor. The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3o; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(6), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added the last sentence.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(6) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

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.


Part D. Enforcement.

§ 50–2206.51. Evidence of impairment.

(a) If as a result of the operation or the physical control of a vehicle, or a watercraft, a person is tried in any court of competent jurisdiction within the District of Columbia for operating or being in physical control of a vehicle, or a watercraft, while under the influence of alcohol in violation of § 50-2206.11, § 50-2206.12, or § 50-2206.31, negligent homicide in violation of § 50-2203.01, or manslaughter committed in the operation of a vehicle in violation of § 22-2105, and in the course of the trial there is received, based upon chemical tests, evidence of alcohol in the defendant’s blood, breath, or urine, such evidence shall:

(1) If the defendant’s alcohol concentration at the time of testing was less than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, establish a rebuttable presumption that the person was not, at the time, under the influence of alcohol.

(2) If the defendant’s alcohol concentration at the time of testing was 0. 05 grams or more per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams of per 100 milliliters of urine, but less than 0.08 grams per 100 milliliters of blood or per 210 liters of breath or less than 0.10 grams per 100 milliliters of urine, constitute prima facie proof that the person was, at the time, under the influence of alcohol.

(b) The rebuttable presumption contained in subsection (a)(1) of this section shall not apply if:

(1) There is evidence that the person is impaired by a drug;

(2) The defendant was operating or in physical control of a commercial vehicle; or

(3) The defendant, at the time of arrest, was under the age of 21.


(Sept. 14, 1982, D.C. Law 4-145, § 3p; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this part, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.52. Admissibility of chemical test results.

(a) Evidence from breath tests shall not be admitted in a criminal proceeding unless compliance with the following criteria has been shown:

(1) The breath test instrument on which the breath test was conducted was operated by either a certified breath test operator or certified technician;

(2) A certified breath test operator or certified technician observed the administration of the breath test and determined that no contamination by mouth alcohol occurred;

(3) A reference standard was analyzed in conjunction with the subject analyses, and the analytical results of the reference standard agreed with the predicted value within the acceptable range set by regulation pursuant to § 5-1501.07;

(4) Duplicate breath specimens were collected from the person and the analytical results of the paired breath specimens were within the acceptable range set by regulation pursuant to § 5-1501.07;

(5) The breath test instrument analytically demonstrates the absence of ethanol before the testing of each breath specimen;

(6) Analytical results are expressed in grams of alcohol per 210 liters of breath (g/210L); and

(7) The instrument on which the breath test was conducted had been tested within 180 days before the breath test and had been found to be accurate.

(b)(1) Records of maintenance, set by regulation pursuant to § 5-1501.07, shall be admissible in any proceeding as evidence of the operating condition of the breath test instrument at the time of the person’s breath test.

(2) Records of maintenance demonstrating that the instrument was in proper operating condition at the time of the person’s test shall be prima facie evidence that the instrument was functioning properly.

(c) The inability of any person to obtain either the manufacturer’s schematics or software for a quantitative breath testing device shall not affect the admissibility of the results of a breath test pursuant to this section.


(Sept. 14, 1982, D.C. Law 4-145, § 3q; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; Apr. 20, 2013, D.C. Law 19-260, § 4(a), 60 DCR 1292.)

Section References

This section is referenced in § 50-2206.52a and § 50-2206.52b.

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 rewrote this section.

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52a. Presence or testimony of person maintaining breath test instrument in a criminal proceeding.

(a) The record of a breath test is admissible in court as prima facie evidence of the amount of grams of alcohol per 210 liters of a person’s breath without the testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition if:

(1) The criteria in § 50-2206.52(a) have been met;

(2) The record of a breath test is provided to the person, or his or her counsel, within 15 calendar days of arraignment or notice of appearance of counsel, whichever is later; and

(3) There are more than 30 calendar days between the date the breath test is provided to the person, or his or her counsel, and the trial date.

(b)(1) Notwithstanding subsection (a) of this section, a person may demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief by serving upon the government, in writing, his or her request for the live testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition no later than 15 calendar days before trial.

(2) A person’s failure to file a timely request pursuant to paragraph (1) of this subsection shall constitute a waiver of the person’s right to demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief.

(c) For the purposes of this section, the term “record of a breath test” means the analytical results of a breath test administered on:

(1) A breath test instrument operated by the Metropolitan Police Department that has been certified as accurate pursuant to § 5-1507; or

(2) A breath test instrument operated by other law enforcement agencies that has been certified as accurate by the persons designated by that agency to certify the accuracy of the instrument.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-1; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Section References

This section is referenced in § 50-2206.52b.

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52b. Notification regarding admissibility of breath test results in a criminal proceeding.

Any person upon whom a breath specimen is collected shall be informed, in writing, of the provisions of §§ 50-2206.52 and 50-2206.52a at the time that person is charged.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-2; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52c. Admissibility of chemical test results for a criminal proceeding; blood or urine.

The results of chemical testing pertaining to blood or urine used to determine whether the person’s specimens contained alcohol or a drug or any combination thereof may be admissible as evidence in a criminal proceeding if the chemical testing was performed at a forensic laboratory, hospital, other equivalent medical facility, or at a laboratory contracted by a hospital or medical facility to perform chemical testing for specimens supplied by the hospital or equivalent medical facility.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-3; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.53. Prosecution and diversionary program.

(a) The Attorney General of the District of Columbia, or his or her assistants, shall prosecute violations of this subchapter, in the name of the District of Columbia.

(b) The Attorney General may request that a person who is charged with a violation of any provision of this subchapter, as a condition to acceptance into a diversion program in lieu of prosecution, pay the District of Columbia or its agents a reasonable fee for the costs to the District of the person’s participation in the diversion program; provided, that:

(1) The Attorney General shall set the fee by rule and at a level which the Attorney General determines will not unreasonably discourage persons from entering the diversion program;

(2) The Attorney General may reduce or waive the fee if the Attorney General finds that the person is indigent; and

(3) The Mayor shall determine the provider, the content, and eligibility requirements for any diversion program.


(Sept. 14, 1982, D.C. Law 4-145, § 3r; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.54. Assessment of alcohol or drug abuse and treatment.

Any person convicted of violating sections § 50-2206.11, § 50-2206.12, § 50-2206.14, § 50-2206.16, § 50-2206.31, or § 50-2206.33 who has prior offense under sections § 50-2206.11, § 50-2206.12, § 50-2206.14, § 50-2206.16, § 50-2206.31, or § 50-2206.33, shall have his or her alcohol or drug abuse history assessed and a treatment program prescribed as appropriate.


(Sept. 14, 1982, D.C. Law 4-145, § 3s; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.55. Revocation of permit or privilege to drive.

(a) Except as provided in subsection (a-1) of this section, the Mayor or his or her designated agent shall revoke the operator’s permit or the privilege to drive a motor vehicle in the District of Columbia, or revoke both such permit and privilege, of any person who is convicted or adjudicated a juvenile delinquent as a result of the commission in the District of any of the following offenses:

(1) A violation of sections § 50-2206.11, § 50-2206.12, § 50-2206.14, or § 50-2206.16;

(2) A homicide committed by means of a motor vehicle;

(3) A violation of § 50-2201.05c or § 50-2201.05d;

(4) Aggravated reckless driving;

(5) Operating or being in physical control of a vehicle while intoxicated or impaired by the consumption of alcohol or a drug or any combination thereof where such operation or physical control leads to bodily injury; or

(6) Any felony in the commission of which a motor vehicle is involved.

(a-1)(1) Notwithstanding subsection (a) of this section, and except as provided in §§ 50-2206.13(d-1) and 50-2206.15(c-1) and paragraph (2) of this subsection, the Mayor shall restrict the operator's permit of a person who has an operator's permit issued by the District who is convicted or adjudicated a juvenile delinquent as a result of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14 and such person shall enroll in the Ignition Interlock System Program, pursuant to § 50-2201.05a.

(2) If a person who has an operator's permit issued by the District is convicted or adjudicated a juvenile delinquent as a result of the commission of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14 and an offense listed in subsection (a)(2) through (6) of this section, the Mayor shall revoke the person's operator's permit and such person shall not enroll in the Ignition Interlock System Program established by § 50-2201.05a.

(b) Whenever a judgment of conviction of any offense set forth in subsection (a) of this section has become final, the clerk of the court in which the judgment was entered shall certify such conviction to the Mayor or his or her designated agent, who shall thereupon take the action required by subsection (a) of this section. A judgment of conviction shall be deemed to have become final for the purposes of this subsection if:

(1) No appeal is taken from the judgment, upon the expiration of the time within which an appeal could have been taken; or

(2) An appeal is taken from the judgment, the date upon which the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of certiorari.


(Sept. 14, 1982, D.C. Law 4-145, § 3t; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, § 6, 60 DCR 1713; Oct. 8, 2016, D.C. Law 21-155, § 702(c), 63 DCR 10143.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-316 substituted “Aggravated reckless driving” for “Reckless driving” in (a)(4).

Applicability

For requirement that section 702(c) of Law 21-155 shall apply upon the issuance of mayoral rules, see § 704 of D.C. Law 21-155.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 6 of the Reckless Driving Emergency Act of 2013 (D.C. Act 20-75, May 23, 2013, 60 DCR 7597, 20 DCSTAT 1428).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

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


§ 50–2206.56. Impounding of vehicle; release of vehicle; liability.

(a)(1) Except as provided in paragraph (2) of this subsection, when a law enforcement officer arrests a person for a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14, the law enforcement officer shall cause the motor vehicle which the arrested person operated or controlled to be impounded.

(2) The law enforcement officer shall not cause the vehicle to be impounded if:

(A) A registered owner of the vehicle authorizes the law enforcement officer to release the vehicle to a person:

(i) Who is in the company of the arrested person;

(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle; and

(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14;

(B) A registered owner of the vehicle:

(i) Is present to take custody of the vehicle;

(ii) Has in his or her immediate possession a valid permit to operate a motor vehicle; and

(iii) Is determined by the law enforcement officer to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14; or

(C) The arrested person authorizes the law enforcement officer to release the vehicle to a person:

(i) Who is not in the company of the arrested person;

(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle;

(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14; and

(iv) Who shall take possession of the vehicle within a reasonable period of time from a public parking space to be determined by the arresting law enforcement officer.

(b)(1) Except as provided in paragraph (2) of this subsection or in subsection (c) of this section, an impounded vehicle shall be released:

(A) At any time to a registered owner of the vehicle, other than the arrested person; or

(B) 24 hours after the arrest, to the arrested person.

(2) No vehicle shall be released to a person unless a law enforcement officer determines that the person is in physical condition to operate a motor vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14.

(3) If the law enforcement officer has a reasonable suspicion that the person is not in the physical condition required by paragraph (2) of this subsection, the law enforcement officer may direct that the person submit specimens for chemical testing to determine whether the person is impaired. The results of the tests may not be used as evidence in any criminal proceeding. If the person refuses to submit specimens for chemical tests, the law enforcement officer may determine that the person does not meet the condition of paragraph (2) of this subsection.

(c) Any motor vehicle that is impounded shall be subject to an impoundment charge of $50, which shall be paid before the release of the motor vehicle. Any motor vehicle that remains impounded and unclaimed for more than 72 hours shall be processed and handled as an abandoned vehicle, and shall be subject to any other charges and costs, including storage fees and relocation costs, as provided and assessed by the Mayor.

(d)(1) Except as provided in paragraph (2)(B) of this subsection, the District of Columbia and its employees may not be liable for damage to property which results from any act or omission in the implementation of any provisions of this section.

(2)(A) The District of Columbia and its employees may be liable for injury to persons which results from any act or omission in the implementation of any provisions of this section.

(B) An employee of the District of Columbia may be liable for injury to persons or damage to property which results from the gross negligence of the employee. The District of Columbia may also be liable for the resulting injury to persons or damage to property if the act or omission of the employee which constitutes gross negligence occurred while the employee was engaged in furthering the governmental interest of the District of Columbia.


(Sept. 14, 1982, D.C. Law 4-145, § 3u; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.57. Mandatory-minimum periods.

(a) A mandatory-minimum term of incarceration as provided in this subchapter shall be proven to the court by a preponderance of the evidence.

(b) A person sentenced for an offense under this subchapter may be subjected to multiple mandatory-minimum terms of incarceration. Each mandatory-minimum term of incarceration must be served consecutively, except that no combination of mandatory- minimum terms of incarceration shall exceed the maximum penalty for the offense, including any applicable enhancements.


(Sept. 14, 1982, D.C. Law 4-145, § 3v; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.58. Fines.

Notwithstanding any other provision of law, all fines imposed and collected pursuant to this subchapter during fiscal year 2006 and each succeeding fiscal year shall be transferred to the General Fund of the District of Columbia.


(Sept. 14, 1982, D.C. Law 4-145, § 3w; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


§ 50–2206.59. Effect of later repeal or amendment.

Any violation of any provision of law or regulation issued hereunder which is repealed or amended by this subchapter, and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal or amendment, be prosecuted to the same extent as if this subchapter had not been enacted.


(Sept. 14, 1982, D.C. Law 4-145, § 3x; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).


Subchapter IV. Obscured Vision.

§ 50–2207.01. Smoke screens prohibited. [Repealed]

Repealed.


(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 11; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; Apr. 29, 2004, D.C. Law 15-154, § 12, 50 DCR 10996.)

Prior Codifications

1981 Ed., § 40-718.

1973 Ed., § 40-610.

Editor's Notes

Definitions applicable: For definitions applicable in this section, see § 50-2201.02.


§ 50–2207.02. Tinted windows prohibited.

(a)(1) Except as provided in subsection (b) of this section, no motor vehicle, other than a mini-van, may be operated or parked upon the public streets or spaces of the District of Columbia with:

(A) A front windshield or front side windows that allow less than 70% light transmittance; or

(B) A rear windshield or rear side windows that allow less than 50% light transmittance.

(2) Except as provided in subsection (b) of this section, no mini-van may be operated or parked upon the public streets or spaces of the District of Columbia with:

(A) A front windshield or front side windows that allow less than 55% light transmittance, or

(B) A rear windshield or rear side windows that allow less than 35% light transmittance.

(b) A motor vehicle may be operated or parked upon the public streets of the District of Columbia with a front windshield that allows less than 70% light transmittance above the AS-1 line, or within 5 inches from the top of the windshield.

(c) Any person who operates or parks a motor vehicle in violation of subsection (a) of this section shall be issued a $50 citation.

(d)(1) Except as provided by subsection (f) of this section, any motor vehicle found to violate subsection (a) of this section shall be required to be inspected at an official District Inspection Station within 5 business days after the finding.

(2) If the motor vehicle is not brought into compliance with subsection (a) of this section by the end of the 5-day period, the owner of the vehicle shall be fined not more than $1,000.

(e)(1) Except as provided by subsection (f) of this section, any motor vehicle found to violate subsection (a) of this section on a second or subsequent occasion shall be required to be inspected at an official District Inspection Station within 5 business days after the second or subsequent finding.

(2) If the motor vehicle is not brought into compliance with subsection (a) of this section by the end of the 5-day period, the owner of the vehicle may be fined not more than $5,000.

(f) Any police officer or other authorized government agent of the District may order the immediate removal of a motor vehicle from the public streets to an official District Inspection Station if the police officer or other authorized government agent determines that the health and safety of the public is at risk due to window tinting in violation of subsection (a) of this section.

(g) No person shall install window tinting on a motor vehicle which is not exempt pursuant to subsection (h) of this section, in the District of Columbia which would cause the motor vehicle to violate subsection (a) of this section if the vehicle were operated or parked on the public streets of the District of Columbia.

(h) This section shall not apply to:

(1) Limousines, ambulances, buses, and hearses meeting the requirements of 18 DCMR § 413.10;

(2) Church owned vehicles;

(3) All official government vehicles;

(4) Vehicles with tinted windows installed by the manufacturer prior to purchase; or

(5) Vehicles exempted by the Director of the Department of Motor Vehicles because the owner of the vehicle has a medical condition requiring windows which allows less light than permitted pursuant to subsection (a) of this section.

(i) Nothing in this subchapter shall be construed to modify or affect any federal law concerning the window tinting of motor vehicles that is applicable to manufacturers, importers, dealers, or motor vehicle repair businesses for new or used motor vehicles and equipment.

(j) The Director of the Department of Motor Vehicles is authorized to promulgate rules to implement the provisions this section and to amend existing provisions of Title 18 of the District of Columbia Municipal Regulations to conform to its requirements. Rules promulgated or amended pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess.

(k) Notice of an infraction issued pursuant to subsections (d)(2) or (e)(2) of this section shall be mailed by U.S. mail to the owner’s last known address in the Department of Motor Vehicles’ records.

(l) Violations of subsections (d)(2) and (e)(2) of this section shall be adjudicated as moving violations.

(m) Answers to notices sent pursuant to subsection (k) of this section shall be in accordance with § 50-2302.05(a), (b), (c), and (e)), and subsection (n) of this section.

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

(2) If a person fails to answer the notice within the 30-day period or within the period of time prescribed by the Director, the person’s registration certificate shall be suspended. The notice of the suspension shall be mailed by U.S. mail to the person’s address on the Department’s records. Suspension shall take effect 15 days after the date the notice of suspension was mailed.

(3) The possession by the Department of a copy of the notice of suspension addressed to a person or a copy of the certificate or affidavit provided for in 18 DCMR § 307.7 shall establish a rebuttable presumption that the notice of suspension was received by the person by the date the suspension became effective.

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

(o) The Director shall reject any vehicles appearing for inspection pursuant to Chapter 11 of this title whose window tint violates subsections (a) or (b) of this section.

(p) No points shall be assessed for any violation of this section.


(Mar. 3, 1925, 43 Stat. 1119, ch. 443, § 11a; as added Aug. 26, 1994, D.C. Law 10-163, § 2, 41 DCR 4886; Apr. 27, 2001, D.C. Law 13-289, § 402, 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 205(b), 52 DCR 1700.)

Prior Codifications

1981 Ed., § 40-718.1.

Effect of Amendments

D.C. Law 13-289 rewrote subsecs. (a) and (h); and added subsec. (j).

D.C. Law 15-307 added subsecs. (k) to (p).

Emergency Legislation

For temporary amendment of section, see § 1002 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), § 1002 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669), and § 1002 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).


Subchapter V. Automated Traffic Enforcement.

Part A. General.

§ 50–2209.01. Authorized; violations as moving violations; evidence; definition.

(a) The Mayor is authorized to use an automated traffic enforcement system to detect moving infractions. Violations detected by an automated traffic enforcement system shall constitute moving violations. Proof of an infraction may be evidenced by information obtained through the use of an automated traffic enforcement system. For the purposes of this subchapter, the term “automated traffic 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 traffic infraction.

(b) Recorded images taken by an automated traffic enforcement system are prima facie evidence of an infraction and may be submitted without authentication.

(c) An individual’s driver’s license or privilege to operate a motor vehicle in the District shall not be suspended for a violation detected by an automated traffic enforcement system for failure to:

(1) Timely answer a notice of infraction;

(2) Appear, without good cause, at a scheduled hearing; or

(3) Timely pay any civil fine or penalty.


(Apr. 9, 1997, D.C. Law 11-198, § 901, 43 DCR 4569; Oct. 23, 2012, D.C. Law 19-187, § 2(a), 59 DCR 10149; Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143.)

Prior Codifications

1981 Ed., § 40-751.

Effect of Amendments

The 2012 amendment by D.C. Law 19-187 added (c).

Applicability

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 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 addition of section, see § 901 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 901 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 901 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 amendment of section, see § 902 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 902 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 902 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) addition of section, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-1, January 19, 2005, 52 DCR 2671).

Temporary Legislation

For temporary (225 day) addition, see § 901 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

Because of the codification of D.C. Law 19-223, § 103 as Part B of this subchapter, the preexisting text, §§ 50-2209.01 to 50-2209.03, has been designated as Part A.


§ 50–2209.02. Liability for fines; notice of infraction; hearing.

(a) Absent an intervening criminal or fraudulent act, the owner of a vehicle issued a notice of infraction shall be liable for payment of the fine assessed for the infraction.

(b) When a violation is detected by an automated traffic enforcement system, the Mayor shall mail a summons and 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 the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, and a copy of the photo or digitized image of the violation.

(c) An owner or operator who receives a citation may request a hearing which shall be adjudicated pursuant to subchapter I of Chapter 23 of this title.

(d) The owner or operator of a vehicle shall not be presumed liable for violations in the vehicle recorded by an automated traffic enforcement system when yielding the right of way to an emergency vehicle, when the vehicle or tags have been reported stolen prior to the citation, when part of a funeral procession, or at the direction of a law enforcement officer.


(Apr. 9, 1997, D.C. Law 11-198, § 902, 43 DCR 4569; Mar. 24, 1998, D.C. Law 12-81, § 51, 45 DCR 745; Apr. 8, 2005, D.C. Law 15-307, § 206, 52 DCR 1700; Oct. 23, 2012, D.C. Law 19-187, § 2(b), 59 DCR 10149; Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143.)

Prior Codifications

1981 Ed., § 40-752.

Section References

This section is referenced in § 1-629.05, § 50-331, and § 50-2201.03.

Effect of Amendments

D.C. Law 15-307, in subsec. (a), substituted “the name, driver’s license number, and address of the person who leased, rented, or otherwise had care, custody, or control of the vehicle; except that if the vehicle was in the temporary care, custody, or control of a business, the owner need only provide the name and address of that business” for “the name and address of the person who leased, rented, or otherwise had care, custody, or control of the vehicle”.

The 2012 amendment by D.C. Law 19-187 rewrote (a); and substituted “Department of Motor Vehicles” for “Bureau of Motor Vehicle Services” in (b).

Applicability

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 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 § 903 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 903 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 903 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 902 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).


§ 50–2209.03. Agreement with private entity to provide records and services.

The Mayor may enter an agreement with a private entity to obtain relevant records regarding registration information or to perform tasks associated with the use of an automated traffic enforcement system, including, but not limited to, the operation, maintenance, administration or mailing of notices of violations.


(Apr. 9, 1997, D.C. Law 11-198, § 903, 43 DCR 4569; Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143.)

Prior Codifications

1981 Ed., § 40-753.

Cross References

Automated traffic enforcement systems, adjudication of citations, see § 50-2209.02.

Capitol Grounds, traffic rules and regulations, fines and penalties, prosecution, see § 10-503.25.

Compulsory/no-fault motor vehicle insurance, offenses, fines pursuant to this chapter, see § 31-2413.

Hazardous materials transportation, fines and penalties, adjudication of violations, see § 8-1404.

National Capital Region Transportation, revenues allocated to the Metrorail/Metrobus Account, see § 9-1111.15.

Regulation of traffic, penalties for violations, see § 50-2201.03.

Traffic violations, speeding and reckless driving, civil fines, see § 50-2201.04.

Applicability

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 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 § 904 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 904 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 904 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) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-604, January 7, 2003, 50 DCR 689).

For temporary (90 day) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2002 (D.C. Act 14-422, July 17, 2002, 49 DCR 7619).

For temporary (90 day) addition of § 50-2209.04, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-493, October 23, 2002, 49 DCR 9779).

For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2003 (D.C. Act 15-189, October 24, 2003, 50 DCR 9497).

For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-327, January 28, 2004, 51 DCR 1595).

For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2004 (D.C. Act 15-590, November 1, 2004, 51 DCR 10727).

For temporary (90 day) addition, see § 2 of Automated Traffic Enforcement Fund Emergency Amendment Act of 2010 (D.C. Act 18-536, September 29, 2010, 57 DCR 9292).

For temporary (90 day) addition of section, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-671, December 28, 2010, 58 DCR 123).

Temporary Legislation

For temporary (225 day) amendment of section, see § 904 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) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment Act of 2002 (D.C. Law 14-226, March 25, 2003, law notification 50 DCR 2739).

For temporary (225 day) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment Act of 2003 (D.C. Law 15-103, March 10, 2004, law notification 51 DCR 3623).

For temporary (225 day) addition, see § 2 of Automated Traffic Enforcement Fund Temporary Amendment of 2004 (D.C. Law 15-252, March 17, 2005, law notification 52 DCR 4128).

Section 2 and 3 of D.C. Law 18-281 added sections to read as follows:

“Sec. 904. Automated Traffic Enforcement Fund.

“(a) Effective April 9, 1997, there is established the Automated Traffic Enforcement Fund (‘Fund’) as a lapsing fund, to be administered by the Mayor as an agency fund as defined in D.C. Official Code § 47-373(2)(I), into which shall be deposited funds to be used exclusively for the administration of the automated traffic enforcement system.

“(b) Authorized expenditures from the Fund include:

“(1) Vendor payments pursuant to an agreement reached under section 903 of this title;

“(2) Salaries, benefits, and overtime incurred by members of the Metropolitan Police Department in the administration of the system;

“(3) Adjudication costs resulting from use of the system;

“(4) Supplies and equipment purchases related to use of the system;

“(5) Utilities;

“(6) Fleet acquisition and operation;

“(7) Facility improvements, rent, and occupancy; and

“(8) Any other expense determined by the Mayor or his designee to be required for the administration of the system.

“(c) The Fund shall be financed through fines and fees received from enforcement and regulation of the activities described in section 902 of this title and through other funds as may be appropriated to the Fund. Revenue deposited into the Fund and all interest earned thereon shall revert to the General Fund of the District of Columbia on September 30 of each fiscal year, but shall, during the fiscal year, be continually available for the uses and purposes set forth in this section, subject to authorization by Congress in an appropriations act.

“(d) The Fund shall be accounted for under procedures established pursuant to D.C. Official Code §§ 47-371 through 47-377. “Sec. 3. As of the effective date of the Automated Traffic Enforcement Fund Emergency Amendment Act of 2010, effective September 29, 2010 (D.C. Act 18-536; 57 DCR __), an amount up to but not exceeding $9 million shall be reprogrammed from the Metropolitan Police Department (FA0) Special Purpose Revenue operating budget to the pay-go Capital Budget within Agency PA0 for purposes of supporting future automated traffic initiatives. Notice of the reprogramming authorized by this section shall be transmitted to the Council prior to its taking effect.”

Section 5(b) of D.C. Law 18-281 provided that the act shall expire after 225 days of its having taken effect.


§ 50–2209.04. Access to automated traffic enforcement and District-owned camera photographs and video footage.

(a) If an automated traffic enforcement camera or other District-owned camera captures a photograph or video footage of a collision handled by the Metropolitan Police Department Major Crash Unit, the Mayor shall:

(1) Within 14 business days of the collision, inform the person or persons involved in the collision of the existence of the photograph or video footage;

(2) Ensure the preservation of the photograph or video footage for 6 months from the date the photograph or video footage was created; and

(3) Within 14 business days of the request of a person involved in the collision, provide access to the photograph or video footage; provided, that where the photograph or video footage is evidence in a criminal proceeding, access to the photograph or video footage shall be handled through the existing discovery process for criminal cases.

(b) Nothing in this section shall be construed to alter or impair the rights of any person under subchapter II of Chapter 5 of Title 2.

(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

(d) For the purposes of this section, the term "District-owned camera" shall not include a body-worn camera.


(Apr. 9, 1997, D.C. Law 11-198, § 904; as added Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 5, 65 DCR 1555.)

Applicability

Section 7015 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-155. Therefore the changes made to this section by D.C. Law 21-155 have been implemented.

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 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) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


Part B. Automated Enforcement Expansion Plan.

§ 50–2209.11. Automated enforcement expansion plan.

Not later than April 1, 2013, the Mayor shall transmit to the Council a plan for expansion of automated traffic enforcement in the District. The plan shall include:

(1) An explanation of the plan, its goals, and the strategies to achieve the goals, such as red light, speed, fixed, and mobile;

(2) A recommended number of automated enforcement cameras, by category, that should be deployed in the District to achieve appropriate levels of enforcement and associated traffic safety results;

(3) A timeline for deploying the recommended number of cameras, including the number of additional cameras needed, by category and by fiscal year; and

(4) The amount of funding necessary, in addition to what has been authorized as of the date of the plan’s publication, by fiscal year, to attain the target number of cameras.


(May 1, 2013, D.C. Law 19-307, § 103, 60 DCR 2753.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 103 of the Addition of this section Congressional Review Emergency Act of 2013 (D.C. Act 20-50, April 22, 2013, 60 DCR 6339, 20 DCSTAT 1356).

Editor's Notes

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