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.”

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§ 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 3 or more tires that is 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.

(2A) "Block" means the 2 opposite sides of a street between 2 consecutive street intersections.

(2B) "Block face" means one side of a block.

(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.

(5A) "Director" means the Director of the District Department of Transportation.

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

(6A)(A) "Electric mobility device" means a device weighing less than 75 pounds that:

(i) Has an electric motor;

(ii) Is solely powered by the electric motor or human power;

(iii) Is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and

(iv) Is no greater than 24 inches wide and 55 inches long.

(B) The term "electric mobility device" shall not include a motorized bicycle, personal mobility device, motorcycle, or moped.

(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.

(9A) "Lock-to mechanism" means a mechanism on shared fleet devices that locks the device to an object or infrastructure.

(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, electric mobility devices, personal mobility devices, motorized bicycles or a battery-operated wheelchair when operated by a person with a disability.

(11A)(A) "Motorized bicycle" means a 2 or 3 wheeled vehicle with all of the following characteristics:

(i) A post mounted seat or saddle for each person that the device is designed and equipped to carry;

(ii) A vehicle with 2 or 3 wheels in contact with the ground, which are at least 16 inches in diameter;

(iii) Fully operative pedals for human propulsion; and

(iv) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground.

(B) The term "motorized bicycle" shall not include electric mobility devices, personal mobility devices, 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.

(12A) "Permitted operator" means a SFD operating company that has a SFD permit.

(12B) "Personal information" means information that can reasonably be used to contact or distinguish a person, including internet protocol addresses, device identifiers, bank or credit card information, home addresses, email addresses, or phone numbers.

(13)(A) "Personal mobility device" or "PMD" means a motorized propulsion device that is designed to transport only one person that:

(i) Weighs 75 pounds or more; or

(ii) Is a self-balancing, two non-tandem wheeled device.

(B) The term "personal mobility device" shall not include:

(i) A battery-operated wheelchair;

(ii) An electric mobility device; or

(iii) A motorized bicycle.

(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.

(14A) "Rider" mean a person riding a bicycle, motorized bicycle, e-bicycle, electric mobility device, or other personal mobility device. The term "rider" does not include a person operating a motor-driven cycle or motorcycle, as those terms are defined in 18 DCMR § 9901.1.

(14B) "SFD fleet" means all shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator.

(14C)(A) "SFD operating company" means a company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way.

(B) The term "SFD operating company" shall not include the District Department of Transportation or its contractors operating Capital Bikeshare.

(14D) "SFD permit" means a public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.

(14E) "Shared fleet device" means an electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.

(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, but not including shared fleet devices.

(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.

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§ 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%.

(1A)(A) By January 1, 2020, the Department of Motor Vehicles, in consultation with the Department of Energy and Environment, shall issue rules revising the calculation of the vehicle excise tax such that the fee amount shall be applied as either an increase or decrease to the excise tax amount as described in this paragraph.

(B) The increase or decrease to the excise tax amount shall be based on the difference between the fuel efficiency of the vehicle for which the title is being sought, using window label vehicle fuel efficiency figures, and a benchmark standard.

(C) Vehicles seeking a title with a fuel efficiency below the benchmark standard shall pay an increased excise tax amount, with the amount of increased tax increasing based on how far below the benchmark standards is the vehicle.

(D) Vehicles seeking a title with a fuel efficiency above the benchmark standard shall pay a decreased excise tax amount, or receive an excise tax rebate, with the amount of decreased tax decreasing based on how far above the benchmark standards is the vehicle.

(E) Changes to the vehicle excise tax made pursuant to this paragraph shall be revenue neutral or revenue positive.

(F) The Department of Motor Vehicles shall publish and maintain publicly available information to help residents understand the vehicle excise tax described in this paragraph, and how it might affect the cost of obtaining a title in the District.

(G)(i) The modification of the vehicle excise tax described in this paragraph shall not apply to:

(I) Vehicles owned by individuals who demonstrate that they claimed and received the District Earned Income Tax Credit for the tax period closest in time (for which a return could be due) to the date the vehicle excise tax is levied; or

(II) Trailers.

(ii) The Office of Tax and Revenue shall confirm whether the District Earned Income Tax Credit claimed pursuant to this subparagraph was claimed and received based upon submission of a completed tax information authorization waiver form by the individual.

(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(a)(4B) and 47-2002.02(2)(C);

(G) Taxis or taxicabs as defined in § 50-301.03(21);

(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) Electric vehicles;

(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);

(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; and

(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.

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§ 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.

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§ 50–2201.03b. Regulations for shared fleet devices.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules implementing the provisions of § 50-2201.03c, including establishing:

(1) Terms and conditions for a SFD permit;

(2) An application process for obtaining a SFD permit;

(3) A process by which a permit may be revoked if the permitted operator does not comply with the terms and conditions of the SFD permit, § 50-2201.03c, or regulations issued pursuant to this section;

(4) The term for which a SFD permit lasts before requiring renewal;

(5) Penalties and fines for violations of the terms and conditions of the SFD permit, § 50-2201.03c, or regulations issued pursuant to this section;

(6) The number of shared fleet devices each permitted operator may operate in the public right-of-way;

(7) The process a permitted operator shall follow and the criteria a permitted operator shall meet, including an explanation of how each criterion is weighted, in order to increase its fleet size;

(8) Insurance requirements for permitted operators, which:

(A) Shall include liability insurance in an amount not less than $1 million per incident, that each permitted operator shall carry; and

(B) May include a required minimum aggregate amount of liability insurance; and

(9) The amount of the performance bond permitted operators shall provide to operate in the District.

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§ 50–2201.03c. Operation of shared fleet devices.

(a) No SFD operating company shall offer shared fleet devices for rental without a SFD permit issued by the Director.

(b)(1) To obtain a SFD permit, a SFD operating company shall submit an application to the Director, in a form and manner determined by the Director by rule.

(2) The Director shall require a separate SFD permit for each SFD fleet offered by a permitted operator in the District.

(3) The Director may:

(A) Decline to issue any SFD permits; or

(B) If SFD permits are issued, limit the number of permitted operators in the District to any number greater than 2.

(4) The Director shall require permitted operators to provide a performance bond in an amount and form specified by the Director by rule, the funds of which shall be applied to costs including:

(A) Damage to public property caused by a permitted operator's shared fleet devices;

(B) Fines for violations of the terms and conditions of the SFD permit, this section, or regulations pursuant to § 50-2201.03b; and

(C) The relocation of a permitted operator's shared fleet device that is parked illegally.

(5) The Director shall fine a permitted operator $100 per device that the permitted operator represented to DDOT as an electronic mobility device and deployed and that, when inspected by DDOT, weighs greater than 75 pounds or is longer than 55 inches.

(c)(1) On the 7th day of each month, or the next business day if the 7th day of the month does not fall on a business day, a permitted operator shall collect and submit to the Director information regarding its SFD fleet and trip activity within the District during the previous calendar month, including:

(A) The time, route, starting location, and ending location of all trips;

(B) A description of all complaints made against the permitted operator via the customer service phone number required by [this section] or online; and

(C) Any other data the Director determines is pertinent to managing permitted operators or providing safe streets and infrastructure.

(2)(A) The information required by paragraph (1)(A) of this subsection shall:

(i) Constitute personal information;

(ii) Be stored in a secure fashion with controlled access granted only to District Department of Transportation staff or third-party contractors essential to the implementation of this section and the rules issues pursuant to § 50-2201.03b.

(B) Any third-party contractors granted access to the information required by paragraph (1)(A) of this subsection shall be bound by non-disclosure agreements.

(3) Except as provided in paragraph (4) of this subsection, the Director shall not disclose to the public personal information provided by a permitted operator under this subsection, including in response to a request pursuant to the Freedom of Information Act [subchapter II of Chapter 5 of Title 2].

(4) The Director may enter into confidential data sharing agreements with researchers and research entities; except, that the Director shall only provide information in a quantity and at a level of detail that is reasonably necessary to conduct the analysis specified in the confidential data sharing agreement.

(5) Within 48 hours after a permitted operator determines that a breach of its data system has occurred that has placed user personal information at risk, the permitted operator shall notify DDOT, and all past and present users of its shared fleet devices who may be affected by the breach, of the breach and the likely consequences of it.

(d) The Director shall not permit the aggregate number of electric mobility devices available for rent from permitted operators in the District to increase above 20,000 before October 1, 2023.

(e) The Director shall construct signage or create conspicuous pavement markings on major shared fleet device routes into and inside of the Central Business District, as that term is defined in section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901), alerting users that they may not operate shared fleet devices on sidewalks within the Central Business District and of the fine amount for such a violation.

(f) By October 1 of each year, for the calendar years 2021, 2022, 2023, and 2024, the Director shall construct, at a minimum, 1000 racks across the District suitable for the parking of shared fleet devices.

(g) A permitted operator shall:

(1) Have at least 3% of its fleet deployed in each ward cumulatively between 5:00 a.m. and 7:00 a.m. each day and in any other priority areas identified by the Director; except, that:

(A) A permitted operator with less than 200 permitted shared fleet devices need not comply with this paragraph; and

(B) Permitted operators shall not deploy shared fleet devices if the Director has provided the permitted operator with notice that shared fleet service is temporarily suspended to preserve public safety;

(2) Refrain from deploying shared fleet devices within 300 feet of an elementary, middle school, or senior wellness center, unless that space is located on a block face adjacent to a metro rail station entrance;

(3) Operate a 24-hour toll-free customer service phone number for users, the general public, and District officials to report shared fleet devices that are inoperable or suspected of being operated or parked in an apparent violation of the law, and to file complaints;

(4) Remove or reposition its shared fleet devices that are parked illegally within 2 hours of being notified of a violation by DDOT, any other government agency, or the public;

(5) By October 1, 2021, require users to use the lock-to mechanism on the shared fleet device in order to end a ride and make failure to do so subject to a penalty;

(6) Leave a shared fleet device involved in an accident in which the police have been called at the scene of the accident until the police have consented to the removal of the device and, if necessary, allow the police to take the device as evidence.

(7) Compile crash and injury data reported from the users of its shared fleet devices and share the data, which shall be aggregated so that identification of specific individuals is indeterminable, with the Director and the public on its website or mobile application;

(8) Display a plainly visible logo or name on its shared fleet devices to assist the public in identifying which shared fleet devices belong to which permitted operator;

(9) Display the customer service phone number required by paragraph (3) of this subsection on its shared fleet devices, including in braille, to inform the public whom to contact to reposition the device;

(10) Provide the public with data via its website or mobile application regarding how much of its SFD fleet and what parts, if any, of its shared fleet devices are reused or recycled at the end of the shared fleet device's useful life;

(11) Ensure its shared fleet devices are equipped with a headlight and taillight to be used when the safe operation of the device requires it;

(12) Ensure its shared fleet devices are equipped with reflective markings on its sides;

(13) Ensure its shared fleet devices are equipped with an audible signal to allow users to alert pedestrians to their presence while the device is in use;

(14) Offer an optional free class, in person or virtually, at least once a month, to educate users regarding the law and safe practices applicable to operating and parking a shared fleet device;

(15) By October 1, 2021, ensure its shared fleet devices are equipped with a lock-to mechanism for safe and legal parking;

(16) Offer to ship a helmet to any user who requests it for a price determined by the Director after consultation with the permitted operator;

(17) Ensure its electric mobility devices are equipped with a speed governor that does not allow the electric mobility devices to travel at a speed greater than the speed limit for electric mobility devices on a paved level surface as determined by the Director;

(18) Not display third party advertising on its shared fleet devices; except, that a permitted operator may display the name and logo of its parent company;

(19) Educate users regarding the law and safe practices applicable to operating and parking a shared fleet device by requiring each user to watch a video with closed captioning, or to participate in other media approved by the Director, through the permitted operator's mobile application when using the mobile application for the first time that explains:

(A) Users must be at least 16 years of age, or any older age that a permitted operator may determine it would prefer to set as its own guidelines;

(B) Users under 18 years of age shall wear helmets;

(C) Users shall park legally, which includes using the lock-to mechanism after October 1, 2021;

(D) Users shall not ride with passengers;

(E) Users shall yield to pedestrians;

(F) Users shall park electric mobility devices in corrals when available;

(G) Users shall ride electric mobility devices in protected bike lanes when available; and

(H) Users shall not ride on sidewalks within the Central Business District; and

(20) Comply with all other requirements established by the Director for the operation of shared fleet devices.

(h) A person shall not operate an electric mobility device in excess of the speed limit determined by the Director.

(i) A person shall operate an electric mobility device in a protected bike lane if available and safe for operating the electric mobility device.

(j) A person shall not operate a shared fleet device:

(1) If the person is under 16 years of age;

(2) Upon a sidewalk within the Central Business District, as the term is defined in section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901);

(3) With a passenger;

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

(5) 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 the device covers or is inserted in one ear only.

(k) A person shall park a shared fleet device:

(1) In an upright position;

(2) After October 1, 2021, using the lock-to mechanism; and

(3) In such a manner as to:

(A) Afford at least 3 feet of unobstructed pedestrian walkway;

(B) Maintain unimpeded access to entrances to private property and driveways; and

(C) Maintain unimpeded access to handicap accessible ramps or parking spots.

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§ 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.

(2) Not Funded.

(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.

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§ 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.

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§ 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.

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§ 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.

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§ 50–2201.04d. Riders' safe crossing at intersections.

(a) A rider approaching a stop sign may go straight through the intersection or make a turn without stopping; provided, that the rider:

(1) Is travelling at an appropriate speed to reasonably assess and avoid hazards;

(2) Determines there is no immediate hazard; and

(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.

(b) A rider approaching a steady red traffic control signal may go straight through the intersection or make a left turn; provided, that DDOT has posted signage expressly permitting such movements at that intersection, and that the rider:

(1) Makes a complete stop;

(2) Determines there is no immediate hazard; and

(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.

(c) A rider approaching a steady red traffic control signal may make a right turn, provided that the rider:

(1) Makes a complete stop;

(2) Determines there is no immediate hazard; and

(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.

(d) A rider may follow the pedestrian traffic control signal, including a leading pedestrian interval, for the rider's direction of travel.

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§ 50–2201.04e. Traffic control at intersections. [Not Funded]

Not Funded.

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

Repealed.

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

(a) For the purposes of this section, the term "covered offense" means:

(1) A violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14; or

(2) Driving a motor vehicle in another jurisdiction, including foreign jurisdictions and military jurisdictions, while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle.

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

(1) Upon the first commission of a covered offense, a period of 6 months;

(2) Upon the second commission of a covered offense, a period of one year; and

(3) Upon the third or subsequent commission of a covered offense, 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.

(b-2) Not Funded.

(b-3)(1) A person who holds a driver's license issued by the District and refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, shall enroll in the Program established by this section for:

(A) A period of one year, if the person has never previously committed a covered offense and has never refused to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction;

(B) A period of 2 years, if the person has previously committed one covered offense or refused to provide a specimen for chemical testing one time in violation of § 50-1904.02, or a substantially similar law of another jurisdiction; and

(C) A period of 3 years, if the person has previously committed 2 or more covered offenses or has refused to provide a specimen for chemical testing 2 or more times in violation of § 50-1904.02, or a substantially similar law of another jurisdiction.

(2) Notwithstanding subsection (b) of section, if a person refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, during the same occurrence that gave rise to the commission of a covered offense, the timeframes described in this subsection shall apply.

(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.

(c-1) The driver's license of a person required to enroll in the Program shall be suspended until the person enrolls in the Program.

(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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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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.

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§ 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.

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§ 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).

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§ 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.

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§ 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.

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§ 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.

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§ 50–2201.27. [Reserved].

Reserved for future codification.

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§ 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, personal mobility device, or electric 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, personal mobility device operator, or electric 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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

Repealed.

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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.

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§ 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.

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§ 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.

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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.

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Subchapter II-B. Motor Vehicle Collision Recovery.

§ 50–2204.51. Definitions.

For the purposes of this subchapter, the term:

(1) "All-terrain vehicle" shall have the same meaning as provided in § 50-2201.02(2).

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

(3) "Dirt bike" shall have the same meaning as provided in § 50-2201.02(6).

(4) "Electric mobility device" shall have the same meaning as provided in § 50-2201.02(6A).

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

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

(7) "Motorized bicycle" shall have the same meaning as provided in § 50-2201.02(11A).

(8) "Motor-driven cycle" shall have the same meaning as provided in 18 DCMR § 9901.1.

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

(10) "Personal mobility device" shall have the same meaning as provided in § 50-2201.02(13).

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

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

(13) "Vulnerable user" means an individual using an all-terrain vehicle, bicycle, dirt bike, electric mobility device, motorcycle, motorized bicycle, motor-driven cycle, non-motorized scooter, personal mobility device, skateboard, or other similar device.

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§ 50–2204.52. Contributory negligence limitation.

(a) Unless the plaintiff's negligence is a proximate cause of the plaintiff's injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff's injury, the negligence of the following shall not bar the plaintiff's recovery in any civil action in which the plaintiff is one of the following:

(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or

(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.

(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.

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§ 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.

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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.

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

Repealed.

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

Repealed.

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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.

(6A) "Electric mobility device" shall have the same meaning as provided in § 50-2201.02(6A).

(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" shall have the same meaning as provided in § 50-2201.02(13).

(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.

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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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.].

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§ 50–2206.16a. Operating under the influence of alcohol or a drug; personal mobility device and electric mobility device.

(a) No person shall operate or be in the physical control of any personal mobility device or electric mobility device 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, be fined not more than $150.

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§ 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.

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§ 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.

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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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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§ 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.

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Subchapter IV. Obscured Vision.

§ 50–2207.01. Smoke screens prohibited. [Repealed]

Repealed.

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§ 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.

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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.

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§ 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.

(b-1) Not Funded.

(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.

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§ 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.

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§ 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.

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§ 50–2209.05. ATE Reporting to Council.

(a) Beginning January 1, 2021, the District Department of Transportation, in consultation with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the following information:

(1) The top 15 automated traffic enforcement ("ATE") locations by value of citations generated in the District;

(2) The breakdown of the jurisdictions where those receiving ATE citations and with outstanding ATE citation debt have their vehicles registered;

(3) The locations where cameras have been added in the last 6 months and the reasons why those locations were chosen; and

(4) The amount of ATE citations issued in total and by location.

(b) The Chief Financial Officer ("CFO") shall submit to the Mayor and Council monthly reports that:

(1) State the amount of actual revenue deposited in the Fund established by § 50-921.25 for the fiscal year to-date;

(2) State the CFO's current projections regarding revenue from fines generated from the automated traffic enforcement system, including whether revenue is projected to exceed the certified revenue included in the Fiscal Year 2024 budget and financial plan; and

(3) Describe the methodology employed by the CFO to project revenue from fines generated from the automated traffic enforcement system.

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Part B. Automated Enforcement Expansion Plan.

§ 50–2209.11. Automated enforcement expansion plan.

(a) 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.

(b)(1)(A) By January 1, 2023, the Mayor shall have operating at least:

(i) 40 red light automated enforcement cameras;

(ii) 80 speed automated enforcement cameras; and

(iii) 6 stop sign automated enforcement cameras.

(B) By January 1, 2024, the Mayor shall have operating at least:

(i) 67 red light automated enforcement cameras;

(ii) 267 speed automated enforcement cameras;

(iii) 29 stop sign automated enforcement cameras; and

(iv) 20 bus lane automated enforcement cameras.

(2) The Director of the District Department of Transportation, having evaluated the effectiveness of each camera type, shall have the authority to alter the number of cameras required under paragraph (1) of this subsection; provided, that the Director shall provide the Council with written notice, including a rationale, for any alteration that would decrease the number of cameras of a particular camera type below the number required under paragraph (1) of this subsection.

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