Code of the District of Columbia

Subchapter II. Moving Infractions.


§ 50–2302.01. Applicability.

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


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

Prior Codifications

1981 Ed., § 40-611.

1973 Ed., § 40-1109.

Section References

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

Editor's Notes

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

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

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


§ 50–2302.02. Exceptions.

The provisions of this subchapter shall not apply to the following violations, which shall continue to be prosecuted as criminal offenses:

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

(2) Repealed;

(2A) Violation of § 50-2201.04(b-1);

(3) Violation of § 50-2203.01;

(4) Violation of § 50-2201.05(a);

(5) Violation of § 50-2201.05(b);

(6) Violation of § 50-2207.01 [repealed];

(7) Violation of § 50-1501.04;

(8) Violation of § 50-1401.01(d);

(9) Violation of § 50-1403.01(e);

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

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

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

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

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

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

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

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

(18) Violation of § 50-1401.01(c);

(19) Violation of 18 DCMR § 2000.2; and

(20) Violation of § 50-2303.07(b).


(Sept. 12, 1978, D.C. Law 2-104, § 202, 25 DCR 1275; Oct. 8, 1981, D.C. Law 4-36, § 4(a), 28 DCR 3383; Nov. 17, 1981, D.C. Law 4-52, § 3(f), 28 DCR 4348; June 8, 2013, D.C. Law 19-316, § 3, 60 DCR 1713.)

Prior Codifications

1981 Ed., § 40-612.

1973 Ed., § 40-1110.

Section References

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

Effect of Amendments

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

Emergency Legislation

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

Editor's Notes

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

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


§ 50–2302.03. Exception for serious offenders.

(a) Except as provided in subsection (b) of this section, the provisions of this subchapter shall not apply to a person alleged to have committed an infraction who, during the 18-month period immediately preceding the date of the infraction, has been assessed 12 or more traffic points pursuant to § 2.305 of Title 32 of the District of Columbia Rules and Regulations. Such person shall be subject to criminal prosecution by the Corporation Counsel for such offense in the Superior Court of the District of Columbia and, upon conviction, shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisonment of up to 10 days, or both, in addition to any penalties imposed for driving after suspension or revocation.

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

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


(Sept. 12, 1978, D.C. Law 2-104, § 203, 25 DCR 1275; June 11, 2013, D.C. Law 19-317, § 275(a), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-613.

1973 Ed., § 40-1111.

Section References

This section is referenced in § 50-2302.01.

Effect of Amendments

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

Emergency Legislation

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

Editor's Notes

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

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


§ 50–2302.04. Notice of infraction.

(a) The notice of infraction shall be the summons and complaint for the purposes of this subchapter. The Director shall prescribe the form of the notice of infraction and shall establish procedures for the proper administrative controls over the dispersal thereof. The notice of infraction may be the same as the uniform traffic violation notice.

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

(c) Repealed.

(c-1) Not Funded.

(d) If a hearing examiner determines that a notice of infraction is defective on its face, he shall enter an order dismissing the notice of infraction and promptly notify the person to whom it was issued.


(Sept. 12, 1978, D.C. Law 2-104, § 204, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(d), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(b), 54 DCR 903; July 23, 2014, D.C. Law 20-127, § 3(e), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(b), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-614.

1973 Ed., § 40-1112.

Effect of Amendments

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

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

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

Applicability

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

Emergency Legislation

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

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

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

Editor's Notes

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


§ 50–2302.05. Answer.

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

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

(1A) Admit with an explanation; or

(2) Deny the commission of the infraction.

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

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

(A) An Insurance Identification Card;

(B) An insurance policy;

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

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

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

(c)(1) A person admitting an infraction shall, at the same time the person submits an answer, pay the civil fine and any additional penalties established pursuant to § 50-2301.05 as may be due for failure to answer within the time required by subsection (d) of this section. Payment of the fine for the infraction shall be deemed a finding of liability.

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

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

(e) If a person fails to answer the notice within 60 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all points, penalties, and fines shall be assessed.

(e-1) Not Funded.

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

(g) Repealed.

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

(2) Repealed.

(3) Repealed.

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

(A) A sufficient defense to the charge; and

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

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

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

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

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


(Sept. 12, 1978, D.C. Law 2-104, § 205, 25 DCR 1275; Apr. 9, 1997, D.C. Law 11-198, § 504(b), 43 DCR 4569; Apr. 27, 2001, D.C. Law 13-289, § 302(e), 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 207(a), 52 DCR 1700; June 8, 2006, D.C. Law 16-117, § 202, 53 DCR 2548; Mar. 14, 2007, D.C. Law 16-279, § 301(c), 54 DCR 903; July 23, 2014, D.C. Law 20-127, § 3(f), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(c), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-615.

1973 Ed., § 40-1113.

Section References

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

Effect of Amendments

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

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

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

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

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

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

Applicability

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

Emergency Legislation

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

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

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

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

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

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

Temporary Legislation

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

Editor's Notes

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

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

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


§ 50–2302.06. Hearing.

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

(b)(1) If a person to whom a notice of infraction has been issued fails to appear at a hearing for which he or she received notice, the hearing examiner may enter a default judgment sustaining the charges, fix the appropriate fine, assess appropriate penalties, if any, if the commission of the infraction is established by clear and convincing evidence. The judgment shall take effect and notice shall be given in accordance with § 50-2302.05(f). The notice shall further indicate that the default judgment may only be vacated if there is received, within 60 days of the effective date of the judgment, a written application to vacate the default that sets forth:

(A) A sufficient defense to the charge; and

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

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

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

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

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

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

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

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

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

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

(d) After due consideration of the evidence and arguments presented, the hearing examiner shall determine whether the infraction has been established. Where the infraction is not established, an order dismissing the charge shall be entered. Where a determination is made that an infraction has been established or where an answer admitting the commission of the infraction or admitting the commission of the infraction with explanation has been received, an appropriate order shall be entered in the Department’s records. Where a determination has been made that the infraction has been established, the Department shall provide written notice of the decision to the respondent, including an accompanying explanation of why any evidence provided was insufficient.

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

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

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

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

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

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

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

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

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

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

(3) Both of the preceding sanctions.

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

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

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


(Sept. 12, 1978, D.C. Law 2-104, § 206, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(f), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(d), 54 DCR 903; July 23, 2014, D.C. Law 20-127, §3(g), 61 DCR 5711; Oct. 30, 2018, D.C.Law 22-175, § 2(d), 65 DCR 9546.)

Prior Codifications

1981 Ed., § 40-616.

1973 Ed., § 40-1114.

Effect of Amendments

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

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

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

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

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

Cross References

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

Emergency Legislation

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

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

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

Editor's Notes

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

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

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


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

Not Funded.


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

Applicability

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


§ 50–2302.08. Reinstatement of suspended licenses.

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


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