Title 18 DCMR — VEHICLES AND TRAFFIC

18-1 ISSUANCE OF LEARNER PERMITS, PROVISIONAL PERMITS, OR DRIVER LICENSES

18 DCMR § 100 PROVISIONS

100.1 The rules and regulations set forth in this chapter govern matters relating to driver's licenses, learner's permits, provisional permits, and non-resident driving permits, including qualifications for licenses; medical and physical standards for licenses; procedures for application, testing, issuance, and renewal of driver's licenses; duplicate and modified licenses; annotations on licenses, and other matters.

100.2 No person, except those expressly exempted by § 100.3, shall drive any motor vehicle in the District of Columbia unless he or she has a valid license under the provisions of this chapter.

100.3 The following persons are exempt from the license requirements set forth in this chapter:

(a) Non-residents exempt under the provisions of § 8 of the Act of March 3, 1925, as amended (D.C. Official Code § 40-303 (1986));

(b) High school or junior high school students fifteen (15) years of age or over who are enrolled in an approved driver education and training course, when operating an approved driver education motor vehicle under instruction and accompanied by a licensed motor vehicle driving instructor.

100.4 The Department shall not issue an operator's license to any of the following:

(a) Any person who is under sixteen (16) years of age;

(b) Any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle;

(c) Any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;

(d) Any person required by this title to take an examination, unless that person has successfully passed the examination; and

(e) Any person, when the Director has good cause to believe that person by reason of physical or mental disability would not be able to operate a motor vehicle with safety.

100.5 Any person holding a valid learner permit, provisional permit, driver license, identification card, or its equivalent, from any jurisdiction must surrender it to the Department prior to obtaining a District of Columbia learner permit, provisional permit or operator license.

100.6 At the Director’s discretion, he or she is not required to comply with the provisions set forth in this chapter when issuing a learner permit, driver license or identification card to an employee of Federal or District of Columbia criminal justice agencies that require special licensing or identification to safeguard themselves in support of their official duties.

100.7

(a) The Director of the Department of Motor Vehicles is authorized to negotiate and enter into an agreement with a foreign country that exempts the citizens of such foreign country from the written knowledge test and the road test required in 18 DCMR § 104 so long as the citizen holds a valid operator permit of an equivalent class issued by such foreign country.

(b) No such agreement shall be entered into unless the foreign country offers the same reciprocity to persons holding a valid operator license of an equivalent class issued by the District of Columbia and the Director determines that the laws of such foreign country relating to the operation of motor vehicles are sufficiently similar to such laws of the District such that driving safety shall not be compromised.

(c) The provisions of this subsection notwithstanding, the Department shall not be authorized to enter into any reciprocal agreement with any foreign country that is designated as a state sponsor of terrorism by the United States Department of State.

(d) The exemption provided for in this subsection shall not be an exemption from any other legal requirement for the issuance of an operator permit.

(e) This subsection shall not apply to citizens of foreign countries applying for a commercial driver license or motorcycle endorsement.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.101, 2.201 – 2.203, Special Edition; as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 2548 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 100

18 DCMR § 101 CLASSES OF DRIVER'S LICENSES

101.1 When issuing a driver's license, the Director shall indicate on the license the type or general class of vehicle(s) the licensee shall be permitted to drive.

101.2 The Director shall establish the qualifications which he or she believes are reasonably necessary for the safe operation of the various types, sizes, or combinations of vehicles.

101.3 The Director shall examine each applicant appropriately to determine the applicant's qualification according to the type or general class of license for which the applicant has applied.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.204, Special Edition. District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 101

18 DCMR § 102 DRIVING UNDER INSTRUCTION: LEARNER PERMIT AND PROVISIONAL PERMIT

102.1 Any person who is at least sixteen (16) years of age may apply to the Director for a learner's permit.

102.2 The Director may, in his discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant a learner's permit which shall entitle the applicant, while having such permit in his immediate possession, to drive a specified type or class of motor vehicle upon the public highways for a period not in excess of 1 year.

102.3 A learner's permit may be renewed or a new permit may be issued for an additional period not in excess 1 year.

102.4 The issuance of a learner's permit, a provisional permit, or a driver's license to a person under eighteen (18) years of age shall be subject to the following restrictions:

(a) The licensee shall not drive any motor vehicle other than a passenger vehicle, or motorized bicycle;

(b) The licensee shall not drive any vehicle for compensation.

102.5 A person holding a learner's permit shall not operate a motor vehicle except between the hours of 6 a.m. and 9 p.m., and while under the instruction of, and when accompanied by the holder of a valid driver's license who is at least 21 years of age and who shall occupy the seat beside the permittee.

102.6 A junior high or high school student enrolled in an approved driver education and training course may operate a dual-control motor vehicle when the student is under instruction and accompanied by a licensed motor vehicle driving instructor.

102.7 The instructor shall, at all times while engaged in instruction, have in his possession a certificate from the principal or other person in charge of the school stating that the instructor is officially designated to instruct students enrolled in the course.

102.8 Whenever demand is made by a police officer, the instructor shall display the certificate to the officer.

102.9 No other person shall ride in or on a vehicle when the driver is under instruction, except as provided in § 102.11.

102.10 [REPEALED].

102.11 When any person in possession of a learner's permit is accompanied by a person holding a motor vehicle instructor's license, or when an unlicensed student is accompanied by an instructor holding a certificate described in § 102.7, not more than three (3) other persons may ride on the back seat of the vehicle, and then only for the sole purpose of receiving instruction.

102.12 All seating positions in each dual control vehicle used for driver's instruction shall be equipped with seat belts or safety harnesses which shall be used by all persons riding in the vehicle whenever the vehicle is being operated for instructional purposes.

102.13 The person acting as instructor shall be held responsible for the strict observance of all regulations.

102.14 A person holding a provisional permit shall not operate a motor vehicle between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. on the following day during any month except July or August, and from 12:01 a.m. until 6:00 a.m. during July and August and on any Saturday or Sunday the rest of the year, except if travelling to or from employment, a school-sponsored activity, religious or an athletic event or related training session in which the permittee is a participant, sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or unless accompanied by the holder of a valid driver’s license who is at least 21 years of age and who shall occupy the seat beside the permittee.

102.15 Each permit shall include the same information as set forth in §§ 107.2 and 107.3 of this title.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR § 2.205, Special Edition; as amended by §§ 2(d), (e) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005);as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 1128 (January 23, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 102

18 DCMR § 103 APPLICATION FOR A DRIVER LICENSE, LEARNER PERMIT, OR PROVISIONAL PERMIT

103.1 Each application for a learner’s permit, a provisional permit, or for a driver’s license shall be made upon a form furnished by the Director and shall be accompanied by the proper fee.

103.2 Each application shall:

Provide the applicant’s true and lawful name (which shall include the applicant’s full and complete name, including any given middle name(s)); the applicant’s date of birth; sex; social security number, if such a number was issued to the applicant or proof that the applicant is not eligible for a social security number; the residence address of the applicant; and a brief description of the applicant, including, but not necessarily limited to the applicant’s height, color of eyes, and color of hair; and

Include a certification that the applicant does not have Alzheimer’s disease, glaucoma, cataracts or eye disease; is not an insulin dependent diabetic; has not had seizures or loss of consciousness; and does not have any other mental or physical condition that would impair the ability to drive.

103.3 Each application shall state whether the applicant has been previously licensed as an operator and, if so, when and by what state or country; and whether any such license has ever been suspended or revoked; whether an application has ever been refused; and, if so, the date of and reason for the suspension, revocation, or refusal.

103.4 Each applicant shall provide, as applicable, the documents set forth below in order to establish identity, date of birth, lawful status in the United States, social security number and address of principal residence as follows:

(a) To establish identity, date of birth, social security, and lawful status the applicant shall present documents in compliance with 6 CFR §§ 37.11(c), (d), (e), and (g), which are incorporated herein by reference as though fully set forth at this place.

(b) [REPEALED].

To establish proof of ineligibility for a SSN, an applicant shall submit an original letter from the Social Security Administration reflecting that the applicant is not eligible for a social security number.

(d) To establish District of Columbia residency, an applicant shall submit an original of two (2) of the documents set forth in Subparagraphs (1)-(7) of this paragraph reflecting the applicant’s name and current address as shown on the application, except as set forth in Subparagraphs (9)-(13) of this paragraph.

(1) Utility (water, gas, electric, oil, or cable), home security system, or automobile or personal loan bill, issued within the last sixty (60) days;

(2) Telephone bill, issued within the last sixty (60) days;

(3) Deed, settlement agreement, or mortgage statement;

(4) Unexpired lease, sublease, or rental agreement (may be a photocopy). If a sublease is being submitted, the lease must also be provided;

(5) District of Columbia property tax bill or tax assessment, issued within the last twelve (12) months;

(6) Unexpired homeowner’s or renter’s insurance policy;

(7) Official mail received within the last sixty (60) days from a federal or District of Columbia agency, other than the District of Columbia Department of Motor Vehicles, or a change of address notification from the U.S. Postal Service;

(8) REPEALED.

(9)

(A) If unable to provide two (2) of the documents listed in Subparagraphs (1)-(7) of this paragraph, submit a District of Columbia Department of Motor Vehicles Proof of Residency form signed by the person owning or renting the residence where the applicant resides and a copy of this person’s unexpired District of Columbia driver license or identification card as well as two (2) of the documents listed in Subparagraphs (1)-(7) of this paragraph in the name of the person owning or renting the residence as follows;

(i) One (1) of the proof of residency documents set forth in either Subparagraph (1), (2), (6) or (7) of this paragraph; and

(ii) One (1) of the proof of residency documents set forth in either Subparagraph (3), (4) or (5) of this paragraph. If the document provided is a sublease, the lease must name the certifier as the sublessor;

(B) A person certifying residency under this Subparagraph (9), may only submit a certification three (3) times in a twelve (12) month period, unless it is for a “family member”. “Family member” shall mean a person’s spouse, domestic partner, as that term is defined in D.C. Official Code § 32-701(3), parent, or child (whether natural, adopted, or foster). If a Proof of Residency form is used for a “family member”, documentation, as determined by the Director, showing the relationship must also be submitted.

(10) For an identification card only, a Department of Motor Vehicles’ approved letter with a picture from the Court Services and Offender Supervision Agency (CSOSA), District of Columbia Department of Corrections, or U.S. Probation Office issued within the last sixty (60) days certifying residency. A second document is not required.

(11) For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider. A second document is not required.

(12) Any other documents deemed acceptable by the Director through written approval.

(13) Documentation and a form approved by the Department of Motor Vehicles and received pursuant to the Address Confidentiality Program authorized by the Address Confidentiality Act of 2018, effective July 3, 2018 (D.C. Law 22-118; D.C. Official Code § 4-555.01 et seq.).

103.5 If an applicant is unable to comply with the document requirements set forth in § 103.4(a) to show identity or date of birth due to circumstances beyond the applicant's control, the applicant may submit one of the alternate documents and the Department shall indicate in the applicant’s record that an exceptions process was used:

[REPEALED].

Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or D.C. Department of Corrections issued within the last sixty (60) days certifying identity and date of birth.

(c) If the applicant is seventy (70) years or older, he or she may submit documents subject to the approval of the Director certifying identity, date of birth, or social security number.

103.6 [REPEALED].

103.7 The application of any person under eighteen (18) years of age for a learner's permit, a provisional permit, or driver's license, except those endorsed by the State Department as enjoying the privilege of diplomatic immunity, shall be accompanied by a written, notarized statement signed by one of the applicant's parents or a guardian consenting to the issuance of the permit or license.

103.8 The following fees shall apply to permit applicants:

(a) Knowledge test $ 10;

(b) Driver’s permit road test $ 10;

(d) Learner’s permit application fee $ 20;

(e) Provisional operator’s permit application fee $ 20; and

(f) Ignition Interlock Application fee $ 50.

103.9 An applicant who fails to appear for a scheduled road test shall be required to pay a penalty of thirty dollars ($30), unless the applicant cancels the road test at least 2 business days prior to the scheduled road test.

103.10 [REPEALED].

103.11 Every person who has never been issued a driver license must provide documentation that he or she has successfully completed any United States’ (including territories) or Canadian (including territories) jurisdiction approved course of driver instruction prior to issuance of a provisional permit or driver license.

103.12 The course referenced in § 103.11, must consist of at least thirty (30) hours of classroom and eight (8) hours of driving instruction and must have been completed within the last six (6) months.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.206, 2.207, 2.601, Special Edition; as amended by Final Rulemaking published at 20 DCR 517 (January 7, 1974); as amended by § 501 of the Omnibus Budget Support Act of 1994, effective June 14, 1994 (D.C. Law 10-128; 41 DCR 2096 (April 22, 1994); as amended by Final Rulemaking published at 50 DCR 10819 (December 19, 2003); as amended by D.C. Act 15-704 published at 52 DCR 1700 (February 25, 2005); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903 (February 2, 2007)); as amended by the Department of Motor Vehicles Driver License, Special Identification Card, and Vehicle Inspection Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7598 (July 18, 2008)); as amended by Final Rulemaking published at 57 DCR 5243 (June 18, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 5697 (July 8, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 6938 (August 12, 2011); as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 1128 (January 23, 2015); as amended by Final Rulemaking published at 62 DCR 1130 (January 23, 2015); as amended by Final Rulemaking published at 63 DCR 10222 (August 5, 2016); as amended by Final Rulemaking published at 67 DCR 9515 (August 7, 2020); as amended by Final Rulemaking published at 67 DCR 9740 (August 14, 2020); as amended by Final Rulemaking published at 69 DCR 009535 (July 29, 2022); as amended by Final Rulemaking published at 71 DCR 006391 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 103

18 DCMR § 104 APPLICANTS FOR DRIVER LICENSES

104.1 The Director shall examine each applicant for a learner’s permit, a provisional permit, or driver’s license.

104.2 The examination shall include a test of the applicant’s eyesight, ability to read and understand official traffic control devices, knowledge of safe driving practices, knowledge of the traffic and motor vehicle laws and regulations, knowledge of the motor vehicle insurance laws and regulations of the District, and any further physical or mental examination required by the Director to determine the applicant’s fitness to operate a motor vehicle safely.

104.3 The examination for a driver’s license shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class for which the applicant desires a license, which shall be given in a congested portion of the District.

104.4 No road test shall be given by the Department unless a device is easily accessible by the examiner seated in the passenger seat that enables the examiner to take control of the vehicle in an emergency. Such device may include, but is not limited to, a handbrake located between the driver seat and the passenger seat or a second steering wheel and/or brake located on the passenger side.

104.5 No road test shall be given by the Department unless the motor vehicle used for the test is equipped with at least two (2) front seat belts or safety harnesses, one of which shall be used during the test by the applicant and the other by the examiner.

104.6 The road test may be given in a car bearing temporary tags if the applicant displays a valid special use certificate for the tags.

104.7 Applicants may be given road tests with vehicles bearing dealer tags if the applicant displays a temporary registration card issued to the applicant, or displays the regular registration card and is an employee of the dealer.

104.8 A valid driver’s license issued by another jurisdiction, including a foreign country, may be accepted in lieu of a road test unless the Department records show the applicant to have failed the District road test within the six (6) month period preceding the date of the application; or the applicant is seventy-five (75) years of age or older; or the applicant’s other qualifications are questionable. A “valid license” does not include a temporary permit issued by another jurisdiction pending the issuance of a regular license.

104.9 Except as provided in Section 111, the Director or his or her designee may waive the requirement that an applicant take a written test or road test in the following circumstances:

(a) The written examination may be waived if the applicant presents a District driver’s license that has expired for three hundred sixty five (365) days or less, or at any time successfully completes an online course as designated by the Department; and

(b) The road test, including the motorcycle road test in the case of a motorcycle endorsement holder, may be waived if the applicant presents a driver’s license issued by the District that has expired for five hundred and forty-five (545) days or less.

104.10 Applicants shall be limited to six (6) written knowledge tests and six (6) road tests within a twelve (12) month period, whether applying for a new license or renewal. If the applicant fails the sixth examination, no further examination shall be given by the Department until a period of twelve (12) months has elapsed from the date of the first examination failed.

104.11 No applicant who has failed the written knowledge test or road test shall be re-examined until at least seventy-two (72) hours have elapsed.

104.12 No road test shall be given to an applicant who drives to the road test in violation of learner’s permit restrictions in Section 7 of the District of Columbia Traffic Act of 1925, approved March 13, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.01(a)). Any applicant who violates this section shall not be permitted to take the road test for six (6) months.

104.13 Residents over the age of eighteen (18) may be approved for the operation of motorcycles only if they hold a valid driver license or valid provisional permit, passed the written motorcycle knowledge test, and successfully completed a motorcycle demonstration course as set forth in § 107.13 of this title.

104.14 For any applicant for a succedent learner’s permit under the age of 21, the Director may accept test results from a written examination of the traffic regulations taken not more than 15 months earlier to satisfy the requirements in Section 7(a)(2)(B) of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.01(a)(2)(B)).

104.15 Any applicant for a succedent learner’s permit 21 years of age or older must take a written examination of the traffic regulations to satisfy the requirements of § 7(a)(2)(B) of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.01 (a)(2)(B)).

104.16 An autocycle shall not be used by an applicant for the road test.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.208, 2.602 -2.605, Special Edition; as amended by § 2(f) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by Final Rulemaking published at 50 DCR 4400 (June 6, 2003) and as amended by Final Rulemaking published at 50 DCR 5985 (June 25, 2003); as amended by Final Rulemaking published at 52 DCR 929 (February 4, 2005); as amended by the Non-Traditional Motor Vehicles Safety Amendment Act of 2004, effective April 5, 2005 (D.C. Law 15-289; 52 DCR 1446 (February 18, 2005)); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 3245 (April 21, 2006); as amended by Final Rulemaking published at 57 DCR 5243, 5244 (June 18, 2010); as amended by Final Rulemaking published at 58 DCR 8066 (September 16, 2011); as amended by Final Rulemaking published at 59 DCR 272 (January 20, 2012); as amended by Final Rulemaking published at 60 DCR 14830 (October 18, 2013); as amended by Final Rulemaking published at 62 DCR 1128 (January 23, 2015); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 104

18 DCMR § 105 VISUAL REQUIREMENTS AND EXAMINATIONS

105.1 Each applicant for a driver’s license, learner’s permit, or renewal of a license or permit must meet minimum visual requirements.

105.2 Testing may be done by confrontation or perimetry, both eyes open.

105.3 An applicant who has only one (1) functioning eye must submit a report from an optometrist or ophthalmologist attesting to the applicant’s field of vision.

105.4 Minimum requirements shall include form field of vision of at least one hundred thirty degrees (130 [degrees]) in the horizontal meridian.

105.5 Applicants whose field of vision is less than one hundred thirty degrees (130 [degrees]) but more than one hundred ten degrees (110 [degrees]), but whose vision meets the visual acuity requirements described in § 105.6 may be referred to the Director for approval.

105.6 Each applicant must demonstrate visual acuity of at least 20/40 in one eye and no less than 20/70 in the other eye, with or without corrective lenses.

105.7 If an applicant's visual acuity fails to meet the requirements of § 105.6, the following requirements, with or without corrective lenses, shall apply:

(a) If the applicant has visual acuity of less than 20/70 in one eye and no less than 20/40 in the other eye, or has only one (1) functioning eye of not less than 20/40, a permit may be issued;

(b) If the applicant has visual acuity of less than 20/40, but not less than 20/70, in the best or only eye, and a field of vision of at least one hundred forty degrees (140 [degrees]) in the horizontal meridian, a license may be issued with a restriction that limits driving to daylight hours only; and

(c) The license shall be issued upon the favorable recommendation of an optometrist or ophthalmologist. The applicant may not operate a vehicle unless the vehicle is equipped with a functional outside mirror on the left side.

105.8 An applicant who is being treated for glaucoma or cataracts may be issued a driver’s license if, in addition to meeting all other requirements of this chapter, he or she submits to the Department a medical eye report completed by an ophthalmologist on a medical form furnished by the Director.

105.9 The eye report required by § 105.8 shall be submitted annually unless the ophthalmologist indicates a need for more or less frequent reports; or unless three (3) consecutive annual reports reveal no appreciable deterioration in visual acuity or field of vision, in which case less frequent reports may be satisfactory.

105.10 Any permittee who develops glaucoma, cataracts or loses functioning in one eye shall, within thirty (30) days of learning of the condition, appear at the Department with a medical eye report completed by an ophthalmologist on a medical form supplied by the Department.

105.11 Any permittee whose corrected visual acuity or filed of vision becomes less than the minimum allowed under § 105.6 shall report to the Department for re-testing within thirty (30) days of learning of the condition.

105.12 The Director may reissue a license with conditions or revoke the license of a permittee who no longer meets the visual acuity requirements of § 105.6 or who submits information pursuant to § 105.10 that indicates that the person is not physically qualified to operate a motor vehicle in a manner not to jeopardize the safety of individuals or property.

105.13 Failure to appear when required by §§ 105.10 or 105.11 may be grounds for revocation pursuant to § 302.2.

105.14 The Director may suspend a driver’s permit if more time is required to evaluate the permittee and may, in his or her discretion, issue a temporary license to a permittee if consistent with public safety.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR § 2.606, Special Edition; as amended by Regulation No. 75-2, effective June 24, 1975; as amended by Final Rulemaking published at 33 DCR 6208 (October 10, 1986); as amended by Final Rulemaking published at 50 DCR 4401 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5986 (July 25, 2003). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 105

18 DCMR § 106 SPECIAL PHYSICAL REQUIREMENTS AND EXAMINATIONS: PERSONS WITH DIABETES, SEIZURE DISORDERS, ALTERATION OR LOSS OF CONSCIOUSNESS, AND HEARING IMPAIRMENT

106.1 A diabetic furnishing data showing the following may be issued a license without qualification, except as provided in this section:

(a) Approval of vision by an ophthalmologist or optometrist in the form of a Diabetic Eye Report, furnished by the Director which shall include visual acuity, field vision, and testing to determine the presence of retinitis, cataracts, or glaucoma;

(b) Approval of health by a licensed medical practitioner in the form of a Diabetic Medical Report furnished by the Director indicating the following:

(1) The extent to which the disease is controlled;

(2) Whether the individual is reliable in following a prescribed medical or dietary regime;

(3) Whether insulin is required; and any past medical history of coma or altered consciousness; And

(4) Any past medical history of coma or altered consciousness.

106.2 A diabetic who meets the requirements of § 106.1, who is seventy (70) years of age or over, or who is between sixteen (16) and twenty-five (25) years of age and is applying for his or her first license in any jurisdiction, will be referred to the Department of Motor Vehicles’ Driver Services Administrator for review and approval prior to the issuance of a license or permit.

106.3 A diabetic who fails to furnish data meeting the requirements of § 106.1 may be issued a license or permit, but the case shall be referred to the Department of Motor Vehicles’ Driver Services Administrator for review and approval prior to the issuance of a license or permit.

106.4 If the reports indicate satisfactory control of the diabetes and do not show diabetic eye pathology, no further medical or vision reports are required until license renewal.

106.5 If either the vision or medical report suggests the probability of rapid progress of the disease, or if the vision is compromised, reports may be requested at shorter intervals.

106.6 Forms furnished to diabetic applicants and licensees shall clearly state the conditions described in this section.

106.7 An applicant receiving treatment for episodes of altered consciousness or seizures may be issued a driver’s license if, in addition to meeting all other requirements of this chapter, the applicant annually furnishes the Director with a licensed medical practitioner’s certificate indicating the following:

(a) That the licensed medical practitioner has knowledge of the seizure history of the applicant;

(b) That, in the licensed medical practitioner’s professional opinion, the applicant can operate a motor vehicle safely so as not to endanger life and property; and

106.8 The annual licensed medical practitioner’s certificate shall no longer be required after a five (5) year period of freedom from seizures.

106.9 An applicant shall be required to sign an affidavit that he or she has had no seizure or altered consciousness in the year immediately preceding the date of the application. If a seizure or episode of altered consciousness has occurred within a shorter period of time than one (1) year, the applicant may be considered for a license, at the discretion of the department's medical officer, if he or she meets one of the following requirements:

(a) The applicant has had a "single episode" loss of consciousness of controllable etiology;

(b) The seizure resulted from the recommendation of a licensed medical practitioner to discontinue the use of medication because of other medical or surgical considerations; or

106.10 An applicant with a seizure disorder may be required to sign a similar affidavit every twelve (12) months when the licensed medical practitioner's certificate is not required. If the applicant fails to file an affidavit, the applicant's license shall be revoked until the applicant furnishes the Director with evidence that the applicant is physically qualified within the meaning of this section.

106.11 Persons who are hard of hearing or who are totally deaf may operate a motor vehicle only if the vehicle is equipped with a properly positioned outside mirror on the left side of the vehicle.

106.12 Any permittee who develops a physical condition covered by this section shall, within thirty (30) days of learning of the condition, appear at the Department, in accordance with the following:

(a) Any permittee who develops diabetes shall furnish the medical report required by § 106.2, and shall be referred to the Department of Motor Vehicles’ Driver Services Administrator if required by §§ 106.2 or 106.3; or

(b) Any permittee who experiences a loss of consciousness or a seizure shall furnish a medical report that meets the requirements of §§ 106.7 or 106.9.

106.13 Following review of the permittee’s medical condition, the Director may either allow the license to remain in place, reissue the license with conditions necessary to ensure the safety of individuals and property, or revoke the license if the person is not physically qualified to operate a motor vehicle in a manner not to jeopardize the safety of individuals or property.

106.14 Failure to appear when required by § 106.12 may be grounds for revocation pursuant to § 302.2.

106.15 The Director may suspend a driver’s permit if more time is required to evaluate a permittee and may, in his or her discretion, issue a temporary license to a permittee if consistent with public safety.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.607, 2.609, Special Edition; as amended by Regulation No. 75-2, effective June 24, 1975; as amended by Final Rulemaking published at 33 DCR 6208 (October 10, 1986); as amended by Final Rulemaking published at 48 DCR 3071 (April 6, 2001); as amended by Final Rulemaking published at 50 DCR 4401 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5986 (July 25, 2003); as amended by Final Rulemaking published at 64 DCR 12090 (November 24, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 106

18 DCMR § 107 LEARNER PERMITS, PROVISIONAL PERMITS, OR LICENSES ISSUED TO DRIVERS

107.1 The Director shall, upon compliance with the requirements of this chapter and payment of the required fee, issue to an applicant a permit or license indicating the type or general class of vehicle(s) the permittee or licensee may drive.

107.2 Each permit or license shall include the permittee or licensee’s true and full legal name (as required to be stated on the application), residence address, distinguishing number, as provided by § 7(b)(1) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1401.01(b)(1), date of birth, gender, height, color of eyes, color of hair, expiration date, and either a facsimile of the signature of the permittee or licensee or a space upon which the permittee or licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license. No permit or license shall be valid until it has been so signed by the permittee or licensee.

107.3 Each license shall also include a full face imprinted photograph of the permittee or licensee that is not more than seventeen (17) years old from the date of issuance. However, the Director may waive the requirement for a photograph in cases where the Director finds the requirement impractical; Provided, that when the reason for the waiver ceases to exist, the permittee or licensee shall make application for a new permit or license which shall bear a photograph.

107.4 The Director may, in his or her discretion, issue a temporary or limited term driver license to an applicant under the following circumstances:

(a) While the Director is completing an investigation and determination of all facts relative to the applicant’s eligibility to receive a driver license;

After an applicant has renewed his or her driver license on the Department’s website;

(c) If the applicant has temporary lawful status in the United States (1) for a period no shorter than six months; (2) for a period no longer than the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period no longer than one year; and (3) no longer than the District’s maximum driver license term; or

(d) If the applicant has permanent resident status in the United States, but his or her Permanent Resident Card expires prior to the term set forth in § 110.1 of this chapter.

107.5 The Director, upon issuing a permit or driver license, shall have authority, whenever good cause appears, to impose restrictions suitable to the permittee or licensee’s driving ability with respect to special mechanical control devices required on a motor vehicle which the permittee or licensee may operate, or such other restrictions applicable to the permittee or licensee as the Director may determine to be appropriate to ensure the safe operation of a motor vehicle by the permittee or licensee.

107.6 The Director may either issue a special restricted permit or license or may set forth the restriction(s) upon the usual permit or license form.

107.7 At the time of examination of an applicant for a permit or license, visual acuity and hearing deficiencies, including the use of corrective lenses, shall be noted as a restriction on any permit or license issued.

107.8 If visual deficiencies so indicate, a permit or license for use during daylight hours only may be issued, in which case the limited use shall be indicated on the permit or license. Similarly, the necessity for special mechanical equipment or other permissible limiting conditions shall be noted on the permit or license.

107.9 Restrictions or limitations on the driving privileges of a person whose permit or license has been suspended or revoked shall be noted on that person's permit or license form.

107.10 A driver's license issued to a non-resident shall bear the restriction "Valid Only in the District of Columbia "in all cases except the following:

(a) A person living in the State of Maryland to whom is issued a Diplomatic driver's license;

(b) A resident of the District who is in the Armed Forces and is stationed outside the District; and

107.11 Each applicant for an original license shall be informed of the restrictions set forth in § 107.10 and a notice thereof shall be stamped on renewal applications mailed to non-residents.

107.12 [REPEALED].

107.13 Any person eighteen (18) years or older who has been issued a District of Columbia driver license or provisional permit may have the license or permit endorsed for the operation of motorcycles, after passing the written motorcycle knowledge test and successful completion of a motorcycle demonstration course in any United States’ (including territories) or Canadian (including territories) jurisdiction provided that (1) the course was completed within six (6) months of the person's application for a District of Columbia motorcycle endorsement, and (2) the person presents a certificate of successful completion of the course.

107.14 [REPEALED].

107.15 [REPEALED].

107.16 A temporary driver license described in § 107.4 shall expire when a regular driver license is received, when a regular license has been refused, or on the expiration date of the temporary license, whichever is sooner.

107.17 The temporary driver license issued pursuant to § 107.4 (b) allows the holder to operate a motor vehicle only if the operator also has their expired license in their possession.

107.18 When requested by an applicant, the Director may indicate on the permit or license that the applicant has an intellectual disability, autism spectrum disorder, or hearing or visual impairment.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.211, 2.610-2.613, 6.209(a) – (c), Special Edition; as amended by § 2 of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by Final Rulemaking published at 34 DCR 7805 (December 4, 1977); as amended by Final Rulemaking published at 50 DCR 4402 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5987 (July 25, 2003); as amended by Final Rulemaking published at 52 DCR 929 (February 4, 2005); as amended by Final Rulemaking published at 52 DCR 1446 (February 18, 2005 ); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005) ; as amended by Final Rulemaking published at 53 DCR 3246 (April 21, 2006); as amended by Final Rulemaking published at 54 DCR 903 (February 2, 2007); as amended by Final Rulemaking published at 56 DCR 2725 (April 10, 2009); as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 1128 (January 23, 2015); as amended by Final Rulemaking published at 66 DCR 10561 (August 16, 2019); as amended by Final Rulemaking published at 71 DCR 006391 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 107

18 DCMR § 108 INDICATIONS OF ANATOMICAL GIFTS ON LICENSES AND SPECIAL IDENTIFICATION CARDS

108.1 Each driver license or special identification card issued or renewed on or after April 15, 2008, shall contain, as part of the license or card, a statement or symbol indicating whether or not the holder of the license or card has made an anatomical gift.

108.2 The Director shall provide a method for permitting an individual making application for a new license, renewal of a license, or for an identification card to designate that he or she has elected, pursuant to the Uniform Anatomical Gift Revision Act of 2008, effective April 15, 2008 (D.C. Law 17-145; D.C. Official Code §§ 7-1531.01 et seq.) (“Uniform Anatomical Gift Revision Act”), to be a donor of his or her body, or tissue or organ, or part of the body, for the purpose of transplantation, therapy, medical research, or education.

108.3 Upon designation, the Director shall make the notation "DONOR" on the license or identification card of the individual identifying that individual as one who has signed an anatomical gift card or otherwise authorized a statement or symbol indicating that the donor has made an anatomical gift.

108.4 The notation referred to in § 108.3 shall constitute legal authority under the Uniform Anatomical Gift Revision Act, for the donation of any body, or the removal of tissue or any organ, part of an organ, or part of a body, upon the donor's death.

108.5 The notation referred to in § 108.3 shall be removed from a licensee's identification card or license only after thirty (30) days written notice has been given to the Director by the licensee.

108.6 [REPEALED].

108.7 Each applicant for an identification card or a license shall be asked if they wish to be a "DONOR."

108.8 [REPEALED].

108.9 Each individual who applies for a learner permit, temporary motor vehicle driver permit, driver license, or identification card shall be provided a written explanation about the donation of anatomical gifts in the District of Columbia, including the right to amend, revoke, or refuse to make an anatomical gift.

108.10 An applicant for a new or renewed license, permit or identification card shall have the opportunity to donate $1 or more to the District of Columbia donor registry established pursuant to Section 20 of the Uniform Anatomical Gift Revision Act of 2008, effective April 15, 2008 (D.C. Law 17-145; D.C. Official Code § 7-1531.19).

History

SOURCE: Final Rulemaking published at 35 DCR 7497 (October 14, 1988); as amended by the Uniform Anatomical Gift Revision Act of 2008, effective April 15, 2008 (D.C. Law 17-145; 55 DCR 2532 (March 14, 2008)); as amended by Final Rulemaking published at 57 DCR 5243, 5244 (June 18, 2010); as amended by Final Rulemaking published at 62 DCR 2548 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 108

18 DCMR § 109 DUPLICATE OR MODIFIED LICENSES AND SPECIAL IDENTIFICATION CARDS

109.1 If a learner's permit, a provisional permit, special identification card or driver license issued under the provisions of this chapter is lost or destroyed, the person to whom the permit, license, or special identification card was issued may obtain a duplicate, or substitute, upon furnishing proof satisfactory to the Director that the permit, license, or special identification card has been lost or destroyed, and payment of the required fee. The applicant may obtain a duplicate permit, card or license through the internet, unless since the prior issuance, there has been a material change in any personally identifiable information, as set forth in § 103.4(a) and (b). In that instance, the applicant will be required to seek renewal in-person. Any material change must be established through the applicant’s presentation of an original source document.

109.2 Unless the Department is notified of the non-receipt of a license within thirty (30) days of issuance of a temporary license, the required fee for a duplicate shall be paid.

109.3 Whenever any person, after applying for a driver's license or special identification card, moves from the address set forth in the application, that person shall, within sixty (60) days thereafter, notify the Director in writing of both the old and new addresses.

109.4 Whenever any person, after receiving a driver's license or special identification card, moves from the address set forth in the license or special identification card, that person shall, within sixty (60) days thereafter, notify the Director in writing of both the old and new addresses and of the number of the license or special identification card.

109.5 Whenever the name of any person who has received a driver's license or special identification card is changed by marriage or otherwise, that person shall, within five (5) days thereafter, notify the Director in writing of his or her former and new names and of the number of the license or special identification card.

109.6 No later than thirty (30) days after providing notice as required by § 109.4 or § 109.5, the person must appear at the Department with supporting documentation, surrender their old license or special identification card, and obtain a new license or special identification card.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.212, 2.214, Special Edition; as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006); as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 61 DCR 12615 (December 12, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 109

18 DCMR § 110 RENEWAL OF DRIVER LICENSES

110.1 Unless the Director provides otherwise, the initial term of a driver’s license issued after August 16, 2008 and the next renewal term of any driver’s license issued before that date, shall expire on the licensee’s birth date occurring in the eighth (8th) year of the license term, and may thereafter be renewed for up to an eight (8)-year period ending on the licensee’s birth date.

110.2 The Director is authorized to issue a motor vehicle driver's license valid for a period of less than the maximum periods provided for in Subsection 110.1 whenever the Director finds, on the basis of medical or psychiatric evidence, that a periodic determination is required as to the physical or mental qualification of an applicant to operate a motor vehicle safely.

110.3 The Director may extend the validity of a driver’s license without an additional fee for such additional period or periods as the Director, in his or her discretion, may; provided, that such additional period or periods shall not exceed eight (8) years in the aggregate.

110.4 The Director may require any person applying for renewal of a driver's license to take and successfully pass a test of the applicant's eyesight and knowledge of the traffic laws of the District.

110.5 The Director may require any applicant to take and successfully pass any additional test(s) as he may find reasonably necessary to determine the licensee's qualifications according to the type or general class of license applied for, and such examination may include any or all of the other tests required or authorized upon original application under the provisions of this chapter.

110.6 The Director may defer the expiration of the license of a resident of the District who is on active duty away from the District in the Armed Forces or Merchant Marine of the United States and who, at the time of leaving the District, was the holder of a valid driver's license for a period not to exceed six (6) years upon such terms and conditions as the Director may prescribe. In the event that such driver's license is lost, mutilated, or badly worn, the Director may issue a replacement without charge and indicate the extended expiration date on the replacement license.

110.7 A license may be renewed at any time in advance of expiration of a current license to take effect on the day following the expiration of the current license; Provided, that if the application for renewal is dated more than sixty (60) days prior to expiration of the current license, the renewed license shall be dated as of the day of issuance.

110.8 Any person applying for renewal of a driver’s license who owes the Department at least $ 250 in outstanding unpaid fines and penalties may be eligible to participate in the Director’s deferred payment plan, as provided in § 3007.5.

110.9 An applicant for the renewal of a driver license is required to renew a license in person at least once every other renewal period and, on alternate renewal periods, the applicant may apply by mail or through the internet provided the applicant meets the following requirements:

The applicant is not subject to re-examination pursuant to Subsection 110.4 or Section 111 of this chapter;

The applicant certifies that the applicant meets the visual requirements of Section 105 and there has been no change in the applicant's vision;

(d) The applicant is renewing for an eight (8) year period of time;

(e) Since the prior issuance, there has not been a material change in any personally identifiable information, as set forth in § 103.4(a) and (b). If there has been a material change in any personally identifiable information, the applicant will be required to seek renewal in-person and establish the change through the presentation of a verifiable original source document that can be verified by the Department of Motor Vehicles.

110.10 In person renewal of a driver license shall be conducted as follows:

(a) For a valid full-term driver license, an applicant must appear in-person no less frequently than every sixteen (16) years at which time an updated photograph shall be taken;

(b) In-person renewal of temporary or limited-term driver license pursuant to § 107.4(c) and (d):

(1) The applicant must present valid documentary evidence verifiable through the U.S. Department of Homeland Security that the status by which the applicant qualified for the temporary or limited-term driver's license or identification card is still in effect, or

(2) The applicant presents valid documentary evidence verifiable through the U.S. Department of Homeland Security that he or she continues to qualify for lawful status in the United States.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.213, 2.613, Special Edition; as amended by Final Rulemaking published at 48 DCR 3071 (April 6, 2001); as amended by Final Rulemaking published at 49 DCR 10317 (November 15, 2002); as amended by Final Rulemaking published at 57 DCR 5243, 5244 (June 18, 2010); as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 110

18 DCMR § 111 RE-EXAMINATION REQUIREMENTS

111.1 The Director, having good cause to believe that any person is incompetent or otherwise not qualified to be licensed, may, after at least five (5) days’ notice, require that person to submit to an examination. Upon the conclusion of the examination, the Director shall take action as may be appropriate and may suspend or revoke the license or may issue a license subject to restriction(s) authorized in § 109.

111.2 Refusal or neglect to submit to the examination shall be grounds for suspension or revocation of the license.

111.3 The renewal of a license issued to a driver who has been involved in a traffic fatality shall be subject to the following:

(a) If, in the opinion of the hearing examiner at any hearing arising out of a revocation or suspension order, the evidence shows that the licensee contributed to a traffic fatality, the licensee shall not be permitted to retain or to regain operating privileges until the licensee undergoes a complete medical examination, both physical and mental, and receives a favorable report; and

(b) [REPEALED].

111.4 The renewal of a license issued to a driver who has reached the suspension stage under the Point System and whose traffic record indicates involvement in two (2) or more accidents during the preceding three (3) years, or whose license(s) has (have) been revoked for cause, shall require a complete driver's examination which shall include all the elements of an examination given to an applicant for the initial license.

111.5 The renewal of a license issued to a driver who has reached the age of seventy years or more shall require re-examination as follows:

(a) At age seventy (70), or the nearest renewal date thereafter, the applicant shall successfully complete the eye test, and may be required to successfully complete the reaction test, and shall furnish a statement from a practicing licensed medical practitioner certifying that, after examination, the licensed medical practitioner has found the applicant to be physically and mentally competent to operate a motor vehicle; and

(b) Notwithstanding the provisions of paragraph (a) of this subsection, the applicant shall not be required to complete the written test and road test to renew a license for the sole reason that an applicant is seventy (70) years of age or older.

111.6 The examination provided for in § 111.1 may include, but is not limited to, a medical, road, or written examination.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 2.212, 2.214, Special Edition; as amended by Final Rulemaking published at 38 DCR 1134 (February 15, 1991); as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by the Senior Driver Empowerment Amendment Act of 2007, effective October 18, 2007 (D.C. Law 17-39; 54 DCR 8048 (August 17, 2007)); as amended by Final Rulemaking published at 64 DCR 12090 (November 24, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 111

18 DCMR § 112 SPECIAL IDENTIFICATION CARDS

112.1 The Mayor of the District of Columbia or his or her authorized agent may offer on a voluntary basis for issuance to residents of the District of Columbia a special identification card, which may contain the name, address, photograph and such other identifying data that the Mayor or his or her agent may prescribe.

112.2 The special identification card shall only be issued to residents of the District over age fifteen (15), upon the payment of a fee and the submission of an application that includes the information required by §§ 103.2, 103.4 and 103.5 of this chapter, except that residents released from a federal or state correctional or detention facility within the previous six (6) months may obtain an identification card upon the facility entering into a written agreement with the Director, in which the facility agrees to provide information acceptable to the Director.

112.3 The amount of the fee and form of application for the special identification card shall be determined by the Mayor or his or her agent.

112.4 The special identification card shall not be used in place of any license or permit required to operate a vehicle by §§ 100 through 111 of this chapter.

112.5 The special identification card shall carry conspicuously a notation that disclaims the bearer's authority to use the card for any purpose other than identification.

112.6 The special identification shall carry the statement, "This identification is furnished by the District of Columbia as a service to the bearer. Application for, or possession of this card is not required by law."

112.7 The special identification shall be valid for up to eight (8) years, as determined by the Director, but may be renewed upon request and payment of the fee for renewal.

112.8 Residents of the District of Columbia who are sixty-five (65) years of age or older, residents of the District of Columbia released from a federal, District, or state correctional or detention facility within the previous six (6) months, and residents of the District of Columbia without a fixed, regular District residence as determined by the Department of Human Services shall be exempt from paying a fee for a special identification card.

112.9 No police officer shall be authorized to request presentation of the card authorized by this section as a means of identification, although the same may be volunteered by the bearer.

112.10 [REPEALED].

112.11 Any person who shall use fraud or misrepresentation in the application for or use of a special identification card issued under this section shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than three hundred dollars ($ 300), or imprisoned for a period not exceeding ten (10) days, or both.

112.12 The fee for a special identification card shall be as follows:

(a) Each original or renewal card

$20;

(b) Each duplicate card

$20;

No charge;

(d) Residents released from a federal or state correctional or detention facility within the previous six (6) months

No charge;

(e) Residents without a fixed, regular District residence as determined by the Department of Human Services

No charge

112.13 Any person holding a valid driver's license or identification card from any jurisdiction must surrender it to the Department prior to obtaining a District of Columbia special use identification card.

112.14 The Director is further authorized to extend the validity of any special identification card without additional fee for such additional period or periods as the Director, in his or her discretion, may determine; Provided, that such additional period(s) shall not exceed eight (8) years in the aggregate.

112.15 Each special identification card shall include the same information as set forth in §§ 107.2, 107.3 and 107.18 of this title.

112.16 The special identification card shall be renewed under the same terms and conditions for a driver license as set forth in §§ 107.4, 110.9(d)-(e) and 110.10.

112.17 The application of any person under eighteen (18) years of age for a special identification card shall be accompanied by a written notarized statement signed by a parent or guardian of the applicant consenting to the issuance of the card.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR § 2, Special Edition; as amended by Regulation No. 74-16, effective June 29, 1974; as amended by Article 25 of the Police Regulations (May 1981); as amended by Final Rulemaking published at 38 DCR 425 (January 11, 1991); as amended by Final Rulemaking published at 49 DCR 11562 (December 20, 2002); as amended by Final Rulemaking published at 52 DCR 1700 (February 25, 2005); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 54 DCR 903 (February 2, 2007); as amended by Final Rulemaking published at 54 DCR 1572 (February 16, 2007); as amended by the Fiscal Year 2009 Budget Support Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7598 (July 18, 2008)); as amended by Final Rulemaking published at 57 DCR 5243, 5245 (June 18, 2010); as amended by Section 6004 of the Fiscal Year 2012 Budget Support Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226, 6294 (July 29, 2011)); as amended by Final Rulemaking published at 61 DCR 4949 (May 16, 2014); as amended by Final Rulemaking published at 61 DCR 8513 (August 15, 2014); as amended by Final Rulemaking published at 64 DCR 1115 (February 3, 2017); as amended by Final Rulemaking published at 66 DCR 10561 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 112

18 DCMR § 113 THIRD PARTY TESTING

113.1 The Director may authorize a District of Columbia licensed driving instructor (“third party examiner”) employed by a District of Columbia licensed driving school as described in Chapter 9 of this title (“third party employer”) to administer the road test described in Section 104 of this chapter, if the following conditions are met:

(a) The road tests given by the third party examiner are the same as those which would otherwise be given by the Department of Motor Vehicles;

(b) The third party examiner has successfully completed a road test examiner training course, as approved by the Director;

(c) The third party employer has an agreement with the Department of Motor Vehicles containing, at a minimum, provisions that:

Allow the Department of Motor Vehicles to conduct random examinations of the third party examiner and audits of the employer without prior notice;

(2) Require that all third party examiners meet the same qualification and training standards as Department of Motor Vehicle examiners, to the extent necessary to conduct road tests;

(3) Require that all third party examiners who will administer the skills test pass an examination to the satisfaction of the Director;

(4) Require that its third party examiners initiate and complete each road test at a Department of Motor Vehicles facility designated by the Director;

(5) Require that the results from each road test administered by a third party examiner be delivered to the Department of Motor Vehicles by the examiner immediately after conclusion of the examination;

(6) Require that the third party employer maintain bodily injury and property damage liability insurance as set forth by the Director;

(7) Require that the third party employer indemnify and hold harmless the District of Columbia and its employees from and against all claims, demands, judgments, losses, damages, and costs arising directly or indirectly from any act or omission of the third party examiner or third party employer relating to his, her, or its activities under this section.

(8) Allow Department of Motor Vehicles employees to take the tests actually administered by the third party examiner as if the Department of Motor Vehicles’ employee were a test applicant and allow the Department of Motor Vehicles to test a sample of drivers who were examined by the third party examiner to compare pass/fail results;

(9) Allow the third party employer to charge a fee, the maximum of which will be determined by the Director; and

(10) Reserve to the Department of Motor Vehicles the right to take prompt and appropriate remedial action against the third party employer or the third party examiner if either fails to comply with a provision of this section, the Department of Motor Vehicles standards for the driver’s license testing program, or any term of the agreement required by this paragraph.

113.2

(a) The Director may authorize a third-party vendor to administer the knowledge test under terms and conditions as set forth by the Director.

(b) Notwithstanding §§ 103.1 and 103.8(a), the Department shall not collect a fee when a third-party vendor administers the knowledge test.

History

SOURCE: Final Rulemaking published at 60 DCR 9359 (June 21, 2013); as amended by Final Rulemaking published at 66 DCR 12745 (September 27, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 113

18 DCMR § 114 LIMITED PURPOSE DRIVER LICENSE, LEARNER PERMIT, PROVISIONAL PERMIT, OR IDENTIFICATION CARD

114.1 Each application shall:

State the applicant’s true and lawful name (which shall include the applicant’s full and complete name, including any given middle name or names); the applicant’s date of birth; sex; the residence address of the applicant; that the applicant has resided in the District of Columbia for longer than six (6) months; that the applicant either has not been assigned a social security number, has been assigned a social security number but cannot establish legal presence in the United States at the time of application or is ineligible to obtain a social security number; a brief description of the applicant, including, but not necessarily limited to, the applicant’s height, color of eyes, and color of hair; and

Include a certification that the applicant: does not have Alzheimer’s disease, glaucoma, cataracts or eye disease; is not an insulin dependent diabetic; has not had seizures or loss of consciousness; and does not have any other mental or physical condition that would impair the ability to drive.

114.2 Each application shall also include any other information that the Director may require in order to determine the competency, eligibility, or identity of the applicant.

114.3 Each applicant shall provide one of the following documents set forth below in order to establish identity and date of birth, including a certified translation if the document is not in English:

Original valid, unexpired passport;

Original valid unexpired Consular Identification Card issued by Mexico, Guatemala, Ecuador or any other country approved by the Department of Motor Vehicles;

Unexpired United States military or dependent identification card;

Certified copy of birth certificate; or

For an identification card only, Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or DC Department of Corrections certifying identity and date of birth.

114.4 If an applicant is unable to provide the documentation required by § 114.3, the applicant shall submit two of the following, including a certified translation if the document is not in English:

(a) Certified copy of foreign jurisdiction issued birth certificate;

(b) Foreign jurisdiction issued driver license or identification card;

(d) Any other documents adopted as acceptable by the Department of Motor Vehicles through written approval.

114.5 To establish District of Columbia residency, each applicant shall provide two (2) of the documents set forth in Subparagraphs (a)-(h) of this subsection reflecting the applicant’s name and current address as shown on the application, except as set forth in Subparagraphs (j)-(m) of this paragraph:

(a) Utility (water, gas, electric, oil, or cable), home security system, or automobile or personal loan bill, issued within the last sixty (60) days;

(b) Telephone bill issued within the last sixty (60) days;

(d) Unexpired lease, sublease, or rental agreement (may be a photocopy). If a sublease is being submitted, the lease must also be provided;

(e) District of Columbia property tax bill or tax assessment issued within the last twelve (12) months;

(f) Unexpired homeowner’s or renter’s insurance policy;

(g) For an identification card only, a Department of Motor Vehicles’ approved letter with a picture from the Court Services and Offender Supervision Agency (CSOSA), District of Columbia Department of Corrections or U.S. Probation Office issued within the last sixty (60) days certifying residence address. A second document is not required;

(h) Official mail received from a federal or District of Columbia agency, other than the District of Columbia Department of Motor Vehicles, within the last sixty (60) days or a change of address notification from the U.S. Postal Service;

(i) REPEALED;

(j)

(1) If unable to provide two (2) of the documents listed in Subparagraphs (a)-(i) of this paragraph, submit a District of Columbia Department of Motor Vehicles Proof of Residency form signed by the person owning or renting the residence where the applicant resides and a copy of this person’s unexpired District of Columbia driver license or identification card as well as two (2) of the documents listed in Subparagraphs (a)-(h) of this subsection in the name of the person owning or renting the residence as follows:

(A) One (1) of the proof of residency documents set forth in either Subparagraph (a), (b), (f), or (g) of this subsection; and

(B) One (1) of the proof of residency documents set forth in either Subparagraph (c), (d), or (e) of this paragraph. If the document provided is a sublease, the lease must name the certifier as the sublessor;

(2) A person certifying residency under this Subparagraph (j), may only submit a certification three (3) times in a twelve (12) month period, unless it is for a “family member”. “Family member” shall mean spouse, domestic partner, as that term is defined in D.C. Official Code § 32-701(3), parent or child (whether natural, adopted, or foster). If a Proof of Residency form is used for a “family member”, documentation, as determined by the Director, showing the relationship must also be submitted.

(k) For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider issued within the last sixty (60) days. A second document is not required to establish present residency.

(l) Any other documents deemed acceptable by the Director through written approval.

(m) Documentation and a form approved by the Department of Motor Vehicles and received pursuant to the Address Confidentiality Program authorized by the Address Confidentiality Act of 2018, effective July 3, 2018 (D.C. Law 22-118; D.C. Official Code § 4.555.01 et seq.). An applicant whose submission is accepted under this provision is not required to comply with § 114.6.

114.6 Except as stated otherwise, each applicant shall provide two (2) of the documents set forth in Subparagraphs (a)-(k) of this subsection reflecting the applicant’s name and current address as shown on the application which are dated at least six (6) months prior to the date of application. A document provided pursuant to this subsection shall not be the same as any document that was used to establish residency and submitted pursuant to § 114.5.

(a) Utility (water, gas, electric, oil, or cable), home security system, or automobile or personal loan bill, with name and address;

(b) Telephone bill;

(d) Unexpired lease, sublease, or rental agreement with the name of the applicant listed as the lessee, permitted resident, or renter (may be a photocopy). If a sublease is being submitted, the lease must also be provided;

(e) District of Columbia property tax bill or tax assessment;

(f) Unexpired homeowner’s or renter’s insurance policy;

(g) Official mail received from a federal or District of Columbia agency, other than the District of Columbia Department of Motor Vehicles, or a change of address notification from the U.S. Postal Service;

(h) REPEALED;

(i)

(1) If unable to provide two (2) of the documents listed above, submit a District of Columbia Department of Motor Vehicles Proof of Residency form signed by the person owning or renting the residence where the applicant resides and a copy of this person’s unexpired District of Columbia driver license or identification card as well as two (2) of the documents listed in Subparagraphs (a)-(g) of this paragraph in the name of the person owning or renting the residence as follows:

(A) One (1) of the proof of residency documents set forth in either Subparagraph (a), (b), (f), or (g) of this subsection; and

(B) One (1) of the proof of residency documents set forth in either Subparagraph (c), (d), or (e) of this subsection. If the document provided is a sublease, the lease must name the certifier as the sublessor;

(2) A person certifying residency under this Subparagraph (i), may only submit a certification three (3) times in a twelve (12) month period, unless it is for a “family member”. “Family member” shall mean spouse, domestic partner, as that term is defined in D.C. Official Code § 32-701(3), parent or child (whether natural, adopted, or foster). If a Proof of Residency form is used for a “family member”, documentation, as determined by the Director, showing the relationship must also be submitted.

(j) For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider. A second document is not required.

(k) Any other documents deemed acceptable by the Department of Motor Vehicles through written approval.

114.7 Each limited purpose driver license, learner permit, provisional permit or identification card shall include the same information as set forth in §§ 107.2 and 107.3 of this title.

History

SOURCE: Final Rulemaking published at 61 DCR 12611 (December 12, 2014); as amended by Final Rulemaking published at 63 DCR 10039 (July 29, 2016); as amended by Final Rulemaking published at 67 DCR 9740 (August 14, 2020); as amended by Final Rulemaking published at 69 DCR 009535 (July 29, 2022); as amended by Final Rulemaking published at 71 DCR 006391 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 114

18-3 CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES

18 DCMR § 300 AUTHORITY OF THE DIRECTOR

300.1 The Director, after notice and hearing, is authorized to cancel any license upon determination that the licensee was not entitled to the issuance of the license, that the licensee failed to give the required or correct information in the application or that the prescribed fee has not been paid.

300.2 The Director is authorized, after giving notice and an opportunity for hearing, to suspend or revoke the license of any person upon a showing, by records or other sufficient evidence, of any of the grounds for suspension or revocation set forth in this chapter.

300.3 A non-resident’s privilege of driving a motor vehicle on the highways of the District shall be subject to suspension or revocation by the Director in the same manner and for like cause(s) as a District driver’s license may be suspended or revoked.

300.4 If a non-resident driver of a motor vehicle is convicted of an offense in the District or is determined liable for an infraction in the District, the Director may forward a certified copy of the record of the conviction or determination of liability to the motor vehicle administrator of the jurisdiction where the driver resides.

300.5 If a nonresident’s operating privilege is suspended or revoked, the Director shall forward a certified copy of the record of the action to the motor vehicle administrator in the jurisdiction where that person resides.

300.6 The Director is authorized to suspend or revoke the license of any resident of the District or the privilege of a nonresident to drive a motor vehicle in the District upon receiving notice of the conviction of or determination of the liability of that person in another jurisdiction of an offense or infraction in the other jurisdiction which, if committed in the District, would be grounds for suspension or revocation of the license of a driver.

300.7 The Director may give the same effect to conduct of a resident in another jurisdiction as would be provided by the laws of the District if the conduct had occurred in the District.

300.8 For the purpose of identifying habitual or frequent violators of traffic regulations, the Director shall establish a uniform system assigning demerit points for convictions of violations of traffic regulations or civil adjudications establishing the commission of traffic infractions.

300.9 The Director may assess points for convictions or determinations of liability in other jurisdictions of offenses or infractions which, if committed in the District, would be grounds for such assessment.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); Reorganization Plan No. 2of 1975 effective July 25,1975,21 DCR 3198; 22 DCR 961; § 412of the District of Columbia Self-Government and Governmental Reorganization Act as amended, 87 Stat. 790, Pub.L. No. 93-1 98, D.C. Code § 1-227(a); and the Compulsory/No Fault Motor Vehicle Insurance Act, effective September 18, 1983, D.C. Law 4-155, 29 DCR 3491 (August 13, 1982).
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.301, 2.302, 2.303, 2.305 Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974; and by § 604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275 (August 11, 1978).

18 DCMR § 301 MANDATORY REVOCATIONS

301.1 The Director shall revoke the license of any person upon receiving a record of such person's conviction or administrative action by the Director resulting from the occurrence of any of the following offenses:

(a) Operating or being in control of a motor vehicle while the person's alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof; or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor;

(b) Any homicide committed by means of a motor vehicle;

(c) Leaving the scene of an accident in which the motor vehicle driven by him or her was involved and in which there is personal injury without giving assistance or making known his or her identity and address and the identity and address of the owner of the vehicle;

(d) Aggravated reckless driving or operating a motor vehicle while the ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor involving personal injury;

(e) Any felony in the commission of which a motor vehicle is used; or

(f) If the person is under twenty-one (21) years of age, operating a motor vehicle while the person’s blood, breath, or urine contains any measurable amount of alcohol.

301.2 The Director shall revoke, for one (1) year, the license of any person who refuses to submit to chemical testing upon receipt of an officer’s sworn report as required by § 5(a) of the District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1018, D.C. Official Code § 50-1905(a)).

301.3 The Director shall revoke the license of a person upon receipt of evidence that the person was issued a final deportation or removal order by the federal government.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.304 Special Edition; as amended by § 10 of Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-145; 29 DCR 3138, 3147 (July 23, 1982)); as amended by § 7 of the Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994, effective May 24, 1994 (D.C. Law 10-122; 41 DCR 1658, 1664 (April 1994)); as amended by the Anti-Drunk Driving Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-212; 46 DCR 5 (January 1, 1999)); as amended by Final Rulemaking published at 53 DCR 846 (Feb 10, 2006); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903, 908 (February 2, 2007)); as amended by Final Rulemaking published at 57 DCR 5243, 5245 (June 18, 2010); as amended by the Careless Driving Amendment Act of 2012, effective June 8, 2013 (D.C. Law 19-316; 60 DCR 1713 (February 15, 2013)); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 301

18 DCMR § 302 SUSPENSION AND REVOCATION FOR TRAFFIC OFFENSES

302.1 Negligent involvement as a driver in any accident which resulted in the death of another person is grounds for suspension or revocation.

302.2 Not being physically or mentally qualified to operate a motor vehicle in a manner which will not jeopardize the safety of persons or property, in the opinion of the Director, is grounds for suspension or revocation.

302.3 Operating a motor vehicle at a speed in excess of thirty (30) miles per hour above the authorized speed limit is grounds for suspension or revocation.

302.4 Commitment by a driver of a traffic violation resulting in an accident for which by order of the Superior Court of the District of Columbia, collateral of fifty dollars ($ 50.00) or more, or a bond in any amount, is required is grounds for suspension or revocation.

302.5 Operating a motor vehicle while physically or mentally unqualified to operate a motor vehicle by reason of diabetic coma, or epileptic or other seizure, is grounds for suspension or revocation.

302.6 Having been convicted or found civilly liable pursuant to the District of Columbia Traffic Adjudication Act with such frequency of offenses against traffic regulations of the District of Columbia and elsewhere as to indicate a disrespect for traffic laws and a disregard for the safety of other persons or property, such fact being established by the point system described in § 303 of this chapter, is grounds for suspension or revocation.

302.7 Having committed an offense for which mandatory revocation is required under § 301.1 is grounds for suspension or revocation.

302.8 Having been convicted or found civilly liable for a pattern of traffic offenses or infractions over a one (1) year period which indicates a disregard for the safety of other persons or property is grounds for suspension or revocation.

302.9 Failure to appear at a hearing for the administrative adjudication of a traffic infraction pursuant to the District of Columbia Traffic Adjudication Act is grounds for suspension or revocation.

302.10 Operating a motor vehicle or permitting the operation of a motor vehicle which is not insured pursuant to the No-Fault Insurance Act is grounds for suspension or revocation.

302.11 Providing the Director with false or inaccurate information as requested by the Director pursuant to § 411.10 or § 413.12 is grounds for suspensions or revocation

302.12 Falsely certifying to the Director that a motor vehicle is insured pursuant to the No-Fault Insurance Act is grounds for suspension or revocation.

302.13 Being convicted of a violation of the No-Fault Insurance Act is grounds for suspension or revocation.

302.14 Aggravated Reckless Driving, as that term is defined in § 9 of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1125; D.C. Official Code §§ 50-2201.04), is grounds for suspension or revocation

302.15 Offenses and circumstances listed in § 13(a) of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1403.01 (a)) are grounds for license suspension or revocation.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 305(a) Special Edition; as amended by § 105 of the District of Columbia Motor Vehicle Act, effective April 26, 1977 (D.C. Law 1-133; 23 DCR 6770, 6721 (February 25, 1977)); as amended by § 604 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; 25 DCR 1275, 1321 (August 11, 1978)); as amended by Final Rulemaking published at 30 DCR 4757 (September 16, 1983); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005); as amended by Final Rulemaking published at 53 DCR 846 (Feb 10, 2006); as amended by the Careless Driving Amendment Act of 2012, effective June 8, 2013 (D.C. Law 19-316; 60 DCR 1713 (February 15, 2013)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 302

18 DCMR § 303 ESTABLISHMENT OF A POINT SYSTEM

303.1 Points shall be assessed against the driving record of an individual upon receipt of evidence of a traffic conviction, not including automated traffic enforcement systems as defined in Section 303.15, or after an individual has either admitted committing, paid a fine for committing, or has been found by the Director or his designee, to have committed, a traffic offense made pointable by this or any other provision of this Title, except that points may be assessed against a person under eighteen (18) years of age at the discretion of the Director.

303.2 Points shall be assessed in accordance with the following schedule.

POINT SYSTEMS SCHEDULE

(a) Operating a motor vehicle in violation of a permit restriction

4 points

(b) Violations not listed in this schedule which did not contribute to an accident

2 points

3 points

(d) Speeding in excess of posted speed limit by 11 -15 miles an hour

3 points

(e) Speeding in excess of posted speed limit by 16 - 20 miles an hour

4 points

(f) Speeding in excess of posted speed limit by at least 21 miles an hour or more

5 points

(g) [Repealed]

(h) Leaving after colliding: With property damage

8 points

(i) Leaving after colliding: With personal injury

12 points

(j) Reckless driving

6 points

(j-1) Aggravated reckless driving

12 points

(k) Operating after suspension or revocation

12 points

(l) Using permit of another

12 points

(m) [REPEALED.]

(n) [REPEALED.]

(o) Any felony involving use of a motor vehicle

12 points

(p) Any misdemeanor involving use of a motor vehicle

6 points

(q) Failing to yield right-of-way to authorized emergency vehicle

6 points

(r) [REPEALED.]

(s) Following another vehicle too closely

2 points

(t) Operating a motor vehicle with an improper class of license

2 points

(u) Failing to stop for a school bus or multi- purpose school vehicle with warning lights or stop signal arm actuated

4 points

(v) Operating a motor vehicle on learner's permit unaccompanied by licensed Operator

5 points

(w) Turning off headlights of a vehicle to avoid identification by a police officer

8 points

(x) Fleeing or attempting to elude a police officer

12 points

(y) Making a false affidavit or statement under oath, or falsely certifying to the truth of any fact or information to the Department under any law relating to the ownership or operation of motor vehicles

12 points

(z) Any violation committed while operating a vehicle without the permission of the owner

12 points

(aa) Operating a motor vehicle with a permit expired less than 90 days

2 points

(bb) Failing to stop and give right-of-way to a pedestrian

3 points

(cc) Colliding with a pedestrian in the process of failing to stop and give right-of-way

6 points

(dd) Failing to yield right-of-way to a person operating a bicycle

3 points

(ee) Colliding with a person operating a bicycle in the process of failing to yield right-of-way

6 points

(ff) Failing to move over or proceed with due caution when an authorized emergency vehicle is stopped on the side of the road.

6 points

(gg) Failure to proceed with due caution when approaching an incident in the roadway.

3 points

(hh) Overtaking another vehicle stopped at a crosswalk or intersection for a pedestrian.

3 points

303.3 The Director or hearing examiner shall, in accordance with § 307.2, order the suspension of a persons license when the number of points accumulated reaches a total of ten (10) points.

303.4 The Director or hearing examiner may order the suspension of a persons license when the number of points accumulated reached a total of eight (8) or nine (9) points.

303.5 The Director or hearing examiner shall order the revocation of the person’s license when the number of points accumulated reaches a total of twelve (12) points.

303.6 [REPEALED.]

303.7 No person shall have his or her license revoked or suspended under this section if the ground(s) on which the suspension or revocation is (are) based has (have) been the subject of a trial in the Superior Court of the District of Columbia and judgment or verdict was in favor of that person.

303.8 Points added to a driving record shall be deleted two (2) years after the date of assessment.

303.9 The Director shall assign one (1) safe driving point annually at the beginning of the calendar year to the driving record of a licensee who was not assessed points during the preceding twelve (12) months, up to a maximum accumulation of five (5) points.

303.10 Accumulated safe driving points may be used to offset assessed points in the chronological order in which the points were assessed. Safe driving points shall not be used to offset points assessed for a mandatory revocation or suspension.

303.11 In traffic cases submitted to military authorities, points will be assessed immediately upon notification to the Director that the military authorities have taken disciplinary action as the result of the arrest of service personnel for moving violations.

303.12 Traffic offenses certified as having been committed by a District licensee in another jurisdiction shall be identified on the licensee's driving record as the most similar District traffic offense.

303.13 The Director shall redesignate an offense assigned to a driving record pursuant to Section 303.12, if the licensee demonstrates by submission of official documentation (e.g., an indication of the number of miles travelled over the speed limit in the location where cited) that the traffic offense committed in another jurisdiction on its facts would have been considered a different offense if committed in the District.

303.15 For the purposes of this section 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 or a photograph with the occurrence of a traffic infraction.

303.16 The Director is authorized to make changes to the point system schedule, in accordance with Title 1 of the District of Columbia Administrative Procedures Act, approved October 21, 1986 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).

303.17 A safe driving point assigned pursuant to § 303.9 shall expire after five (5) years.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §2.305 (b), (c), 2.701 - 2.704, Special Edition; as amended by § 105 of the District of Columbia Motor Vehicle Act, effective April 26, 1977 (D.C. Law 1-133; 23 DCR 6720, 6721 (February 25, 1977)); as amended by § 602 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104.25 DCR 1275, 1325 (August 1, 1978); as amended by § 10 of the Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-145; 29 DCR 3138, 3148 (July 23, 1982)); as amended by Final Rulemaking published at 35 DCR 7955 (November 4, 1988); as amended by § 13 of the Technical Amendments Act of 1995, effective July 25, 1995 (D.C. Law 11-30; 42 DCR 1547, 1550 (March 31, 1995)); as amended by Final Rulemaking published at 45 DCR 7872 (November 6,1998); as amended by the Anti-Drunk Driving Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-212; 46 DCR 5 (January 1, 1999)); as amended by the Motor Vehicle and Safe Driving Amendment Act of 2000, effective April 27, 2001 (D.C. Law 13-289; 48 DCR 2057 (March 9, 2001)); as amended by Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005)); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005); as amended the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by the Pedestrian Safety Reinforcement Amendment Act of 2008, effective November 25, 2008 (D.C. Law 17-269; 55 DCR 11015 (October 24, 2008)); as amended by the Careless Driving Amendment Act of 2012, effective June 8, 2013 (D.C. Law 19-316; 60 DCR 1713 (February 15, 2013)); as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013); as amended by the Bicycle Safety Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-48; 60 DCR 15145 (November 1, 2013); as amended by Final Rulemaking 66 DCR 00056 (January 4, 2019); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 303

18 DCMR § 304 SUSPENSION FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS

304.1 The Director is authorized to suspend the operator’s license of any resident of the District of Columbia who, having been arrested for a moving traffic violation in the District and, having been permitted to receive a traffic violation notice in lieu of being required to post collateral or bond to secure appearance for trial, failed to comply with the terms of the traffic violation notice.

304.2 The Director may suspend the license of any resident of the District who, having been arrested for a traffic violation in another jurisdiction and, under the terms of an agreement between the District and another jurisdiction, is permitted to receive a citation in place of being required to post collateral or bond to secure appearance for trial, and having signed an agreement that he or she shall comply with the terms of a citation served upon him or her at the time of arrest to appear for trial, to post bond or collateral or to pay a fine, has failed to comply with the terms of the agreement.

304.3 The suspension shall remain in effect until such person shall furnish evidence satisfactory to the Director that he or she has fully complied with the terms of the citation or traffic violation notice which was the basis for the suspension order.

304.4 Pursuant to § 300.7, or under applicable law, the Director may suspend, without a hearing, the license of a resident of the District whose driving privileges have been suspended in another jurisdiction. The Director shall provide at least ten (10) days notice of the effective date of the suspension in the District and shall provide such notice by mail or email to the resident’s address as indicated on the Department of Motor Vehicle records.

304.5 The suspension authorized in subsection § 304.4 shall terminate upon proof satisfactory to the Director that the licensee has been reinstated to operate a motor vehicle in the other jurisdiction.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2-306, Special Edition; as amended by Final Rulemaking published at 57 DCR 5243, 5245 (June 18, 2010).

18 DCMR § 305 LOSS OF ALL OPERATING PRIVILEGES AND SURRENDER OF LICENSE

305.1 No person shall drive a motor vehicle on any public highway in the District at any time when his or her privilege to do so is suspended or revoked.

305.2 Any resident or non-resident whose driver’s license or privilege to operate a motor vehicle in the District has been revoked or suspended shall not operate a motor vehicle in the District under a license or permit issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained or the non-resident privilege is restored according to the provisions of this chapter.

305.3 The Director upon canceling, suspending or revoking a license shall require that the license shall be surrendered to and retained by the Department.

305.4 Any person whose license has been canceled, suspended, or revoked shall immediately return the license to the Department.

305.5 The Director, or the Director’s designee, upon receiving record of the conviction of any person of a violation of § 305.1 or upon admission by the person of such a violation or upon review of public records which reflect a moving violation, may extend the period of suspension or revocation for an additional period up to the same length as the original period of suspension or revocation.

305.6 Whenever the license or privilege of a nonresident is suspended or revoked, notice of the suspension or revocation shall be forwarded to the licensing authority of the jurisdiction of the non-resident. For purposes of this subsection, a non-resident shall include any person holding a license from another jurisdiction.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, as published in 32 DCRR § 2.311, 2.312, 2.403, 2.706, (Special Edition); as amended by Final Rulemaking published at 63 DCR 14433 (November 25, 2016). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 305

18 DCMR § 306 PERIOD OF SUSPENSION OR REVOCATION

306.1 The suspension period of any resident’s or non-resident’s driver’s license or privilege to operate a motor vehicle in the District shall be from two (2) to ninety (90) days, at the discretion of the Director, based upon the seriousness of the case; except that the period of a license suspension due to point accumulation pursuant to § 303.3 shall be ninety (90) days.

306.2 The period of suspension for a person whose license or privilege has been suspended and fines and penalties imposed for failure to appear at a hearing for the administrative adjudication of a traffic infraction or for failure to pay a civil fine and any penalties or attend traffic school pursuant to the District of Columbia Traffic Adjudication Act of 1978, DC Official Code § 50-2301.01 et seq.), (the “Act”) shall terminate only upon the payment of such fines and penalties, or the successful completion of traffic school, or both.

306.3 At the end of a period of suspension a license surrendered to the Director shall be returned to the licensee, subject to the payment of a reinstatement fee of ninety-eight dollars ($ 98).

306.4 The minimum revocation period following a first offense of any resident’s driver license or non-resident’s privilege to operate a motor vehicle in the District for which revocation is made mandatory by law or under the discretionary authority of the Department shall be for six (6) months, except as set forth in D.C. Official Code § 50-2201.05a-1(c). For District of Columbia licensees, the minimum revocation period may also include any extension imposed pursuant to § 313.

306.5 The period of revocation made mandatory by law or under the discretionary authority of the Department of any resident’s driver license or non-resident’s privilege to operate a motor vehicle in the District of Columbia shall be one (1) year following a second offense, and two (2) years following a third or subsequent offense(s), except as set forth in D.C. Official Code § 50-2201.05a-1(c). For District of Columbia licensees, the revocation period may also include any extension imposed pursuant to § 311.

306.6 [REPEALED.]

306.7 [REPEALED.]

306.8 Each person whose license has been revoked shall be eligible to apply for restoration of privileges at the expiration of the period for which the privileges have been revoked.

306.9 The Director shall not issue a new license to a resident or restore the operating privilege of any nonresident whose license has been revoked unless and until he or she is satisfied, after investigation of the driving ability of that person, that it will be safe to grant the privilege of driving a motor vehicle.

306.10 An applicant for reinstatement or a new driver’s license after a suspension or revocation pursuant to §§ 301 or 302 for an alcohol-related offense may be required to pass a breathalyzer test, at the discretion of the Director.

306.11 An applicant for a new driver’s license after a revocation pursuant to §§ 301 or 302 for an alcohol or drug related violation must present written proof from a state certified drug and/or alcohol counseling program certifying:

(a) The applicant has successfully completed a state-certified drug and/or alcohol-counseling program after the date of revocation; or

(b) The applicant applied to participate in a state certified drug and/or alcohol-counseling program after the date of revocation, but that the application was denied because the program determined that such counseling was unnecessary.

306.12 [REPEALED.]

306.13 [REPEALED.]

306.14 If a driver’s license is suspended or revoked pursuant to § 302 of this title and is subsequently revoked again based upon a court conviction for the same underlying offense, the Director may allow the suspension and revocation periods to run concurrently or may credit time already spent in suspension or revocation status towards the duration of the revocation based on a court conviction.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.309, 2.310, Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974; by §105 of the D.C. Motor Vehicle Act, D.C. Law 1-133,23 DCR 6720, 6721 (February 25, 1977); and by §10 of the Anti-Drunk Driving Act of 1982, D.C. Law 4-145,29 DCR 3138, 3148 (July 23, 1982); as amended by Final Rulemaking published at 50 DCR 4399 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5984 (July 25, 2003); as amended by Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by D.C. Act 15-704 published at 52 DCR 1700 (February 25, 2005);as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006); as amended by Final Rulemaking published at 53 DCR 7218 (September 1, 2006);as amended by D.C. Act 16-488 published at 53 DCR 8675 (October 27, 2006); as amended by Final Rulemaking published at 54 DCR 1572 (February 16, 2007); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022); as amended by Final Rulemaking published at 73 DCR 006895 (May 1, 2026). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 306

18 DCMR § 307 NOTICE OF SUSPENSION OR REVOCATION

307.1 Whenever the Director, acting under this chapter, revokes the license of any person as a consequence of a conviction for a traffic offense for which mandatory revocation is required or pursuant to § 5 of the Clean Hands Act (D.C. Code § 47-2864), an order of revocation shall be prepared setting forth the proposed action and the grounds therefor in sufficient detail to permit the person to understand fully the nature of the order and the reasons for the order and shall include complete information on the manner in which that person may seek restoration of the license.

307.2 Whenever the Director or a hearing examiner, pursuant to §§ 303.3 and 303.5, orders the suspension or revocation of a license because of the accumulation of traffic points, the suspension or revocation order shall include a copy of the licensee’s driver’s record. The notice shall notify the person that the order will take effect within ten (10) days (fifteen (15) days if the person is a non-resident), unless that person files a written objection with the Director or hearing examiner based solely upon the accuracy of the driving record. The filing of an objection operates as a stay of the order until the Director or hearing examiner renders a written decision on the objection.

307.3 Whenever the Director acting under this chapter, proposes to revoke or suspend the license of any person for any reason which does not require a revocation, a notice of proposed suspension or revocation shall be prepared setting forth the proposed action and the grounds for the proposed action in sufficient detail to permit that person to understand fully the nature of the proposed action and the reasons for the proposed action.

307.4 The notice shall take effect within ten (10) days (fifteen (15) days if the person is a non-resident) unless that person files a written petition with the Director for a hearing in which the Director must prove sufficient grounds for the proposed action. The demand shall be filed in the manner prescribed in chapter 10. The filing of such a demand does not operate as a stay of such order when the order has been issued revoking or suspending a permit on account of mental or physical incapacity, for driving while the person's alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor; for manslaughter when an automobile is involved, or for operating a motor vehicle equipped with a smoke screen. Each notice issued pursuant to this section shall inform the respondent of the effective date of the notice and the right to a hearing.

307.5 Any notice or order served under the authority of the rules of this chapter shall be deemed to be properly served upon the person to whom such notice is directed if a copy of the notice is served upon him personally, or if a copy of the notice is mailed postage prepaid to the last known address of the person to be notified.

307.6 For the purpose of these regulations, with respect to any person licensed by the District to operate a motor vehicle or whose motor vehicle is registered in the District, the term "last known address" shall mean the most recent address shown on the records of the Department.

307.7 Proof of service of any notice or order in the manner specified by this section may be made by the certificate or affidavit of any officer or employee of the District, naming the person on whom the notice or order was served and specifying the time, place, and manner of service.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.313, 2.314, Special Edition; as amended by § 105 of the District of Columbia Motor Vehicle Act. D.C. Law 1-133,23 DCR 6720, 6721 (February 25, 1977) and 45 DCR 7872 (NOV 6, 1998); as amended by Final Rulemaking published at 48 DCR 7314 (August 10, 2001); and amended by Final Rulemaking published at 52 DCR 2065 (Mar 4, 2005); amended by D.C. Act 16-488 published at 53 DCR 8675 (October 27, 2006); amended by D.C. Act 16-518, published at 53 DCR 9104 (November 10, 2006); amended by D.C. Act 16-636 published at 54 DCR 903, 908 (February 2, 2007).

18 DCMR § 308 SERVICE OF SUSPENSIONS OR REVOCATION NOTICES FOLLOWING ARREST

308.1 Whenever any person has been arrested for a traffic violation or cited for a traffic infraction involving any of the situations listed in § 301 or § 302 of this chapter, the police officer shall make a report to and the arrested or cited person shall be interviewed by a law enforcement agency named in § 3003.1 who shall serve on that person a notice of proposed suspension or revocation on a form provided by the Director suspending or revoking the license of that person.

308.2 The notice of proposed suspension or revocation shall comply with the provisions of § 307 of this chapter, and shall be dated and signed by the police official who shall indicate on the notice the reason for the service of the notice of proposed action.

308.3 The police official shall forthwith deliver to a precinct station clerk a copy of the notice of proposed action and the officer’s statement of the offense or infraction believed committed.

308.4 Repealed.

308.5 If the physical or mental condition of a person arrested or cited is such that, in the opinion of an attending physician, that person is incapable of receiving service of a notice of proposed suspension or revocation or of understanding the meaning of the notice, the police official shall prepare a report on the condition of the person and shall deliver the report to a precinct station clerk.

308.6 Within twenty-four (24) hours from the time a copy of the notice of proposed suspension or revocation, or a report showing that the person arrested or cited was incapable of being served with notice, is received by a precinct station clerk, the commanding officer of the precinct shall forward or cause to be forwarded to the Director a copy of the notice or report, whichever is applicable.

308.7 The police official who serves a notice of proposed suspension or revocation on a person arrested or cited under this section shall place a stamped notation on the face of any license issued by the District to and in the possession of that person indicating that the notice has been served.

308.8 No person so served shall refuse to allow an official at the time of service of the notice to stamp on his or her license the notation required in § 308.7.

308.9 A person refusing to allow the notation on his or her license shall, on determination of liability for such refusal, be subject to a civil fine or other sanction pursuant to the District of Columbia Traffic Adjudication Act.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972,32 DCRR § 2.315, Special Edition; as amended by § 105 of the D.C. Motor Vehicle Act, D.C. Law 1-133 23 DCR 6720, 6721 (February 25, 1977); and by § 604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275, 1323 (August 11, 1978); as amended by D.C. Act 16-636 published at 54 DCR 903, 908 (February 2, 2007).

18 DCMR § 309 HEARINGS ON PROPOSED SUSPENSIONS AND REVOCATIONS

309.1 A person whose license has been proposed to be revoked or suspended by the Director under the Director’s discretionary authority may petition for a hearing subject to the provisions of chapter 10.

309 2 Based on the findings of the hearing, the Director shall render a decision on the proposed action.

309.3 The Director may dismiss the action; order that the proposed action be taken; direct that probation be granted to the petitioner and fix the terms and conditions of the probation; allow a limited license, or suspend where a revocation was proposed, if, in his or her judgment, the driving record, the general good character of the licensee, and the need for such license is such that the safety of the public will not be impaired and that the license is otherwise justified.

309.4 In the event a limited license is granted, the limits with respect to the period of revocation or suspension in § 306 of this chapter need not apply, at the discretion of the Director.

309.5 The Director shall give special consideration to the grant of a limited license to those persons whose livelihood entails driving.

309.6 Whenever the Director directs that probation be granted to the petitioner, he or she may, in place of suspension or revocation, place the person on probation, the terms of which may include a period of suspension as a condition of probation, and may issue a probationary license with such reasonable terms, conditions, and limitations deemed appropriate by the Director.

309.7 The Director may terminate or modify the terms or conditions of any order of probation whenever good cause appearS therefor.

309.8 The Director may modify a suspension or revocation by allowing a limited license with such reasonable conditions, and limitations as he or she may deem appropriate, including but not limited to, operation of particular vehicles, particular classes of operation, hours of operation, or limited areas and routes of travel.

309.9 Probationary licenses and licenses limited to particular operations of motor vehicles shall be noted as restrictions described in § 107 of chapter 1 of this title The holders of the licenses shall be subject to any penalties prescribed in this title for the violation of the restriction(s).

309.10 Upon receipt of satisfactory evidence of a violation of any of the terms or conditions of probation or other limitations imposed upon a licensee, the Director may order the suspension or revocation of the privilege to operate a motor vehicle for the remaining portion of the original suspension or revocation for such additional period as he or she deems appropriate.

309.11 If, at the end of a hearing, revocation is ordered, the Director may condition the reinstatement of a license on the successful completion of a state-certified drug or alcohol counseling program, whichever is applicable.

309.12 Where a revocation or suspension is stayed under the circumstances provided for in § 13 of the District of Columbia Traffic Adjudication Act of 1925, effective March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1403.01), and the respondent schedules a hearing but fails to appear on the date and time scheduled, the stay shall be lifted as of that date and time.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.316, Special Edition; as amended by § 105 of the D.C. Motor Vehicle Act. D.C. Law 1-133, 23 DCR 6720, 6721 (February 25, 1977); as amended by final rulemaking published at 52 DCR 2065 (March 4, 2005).

18 DCMR § 310 LIMITED OCCUPATIONAL LICENSES

310.1 Except as provided in § 310.7, a person whose regular driver's license, as described in § 1312.1 (a), is revoked, suspended or canceled may request, in writing, that the order be modified to allow the issuance or retention of a driver's license or privilege on a limited basis. An examiner shall not grant the application unless the applicant demonstrates that the suspension or revocation imposes an extreme hardship for which there is no practical remedy and, in the judgment of the examiner, the safety of the public will not be impaired. The determination shall be based solely upon the written application.

310.2 In order to show extreme hardship, the applicant for an occupational license must show to the satisfaction of the examiner that loss of operating privileges precludes carrying out the applicant’s normal business, trade or occupation, and that driving is necessary to support the applicant and his or her family.

310.3 In considering whether a limited license can be issued in the interest of the public safety and welfare, the examiner shall determine the general good character of the applicant, the number and seriousness of the violations on the applicant’s traffic record, the period of time over which the violations were accumulated, the number and seriousness of violations committed by the applicant during the hours or in the area, or both, for which applicant desires the license, the ease or difficulty of enforcement of the conditions and limitations of the license, and the probable impact, so far as the examiner can determine, of the limitation on the future driving conduct of the applicant.

310.4 The applicant may prove his or her general good character by submitting with the application letters of recommendation from responsible business people, the employer of the applicant, law enforcement officers, judicial officials, or other credible persons.

310.5 If the applicant operates a commercial vehicle as a livelihood, the application shall be accompanied by a written request from the applicant’s employer that the license be issued.

310.6 When an occupational license is issued, the period of suspension or revocation may be increased over that of the original suspension or revocation period to the extent that, in the judgment of the examiner, the increase is justified to carry out the intent under this title of protecting the public interest in safe driving and of improving the driving habits of applicants for licenses.

310.7 No occupational license shall be issued to the following:

(a) Applicants whose licenses are revoked for an offense for which revocation is made mandatory by law;

(b) Applicants whose licenses are revoked for physical or mental reasons;

(d) Applicants who have accumulated sixteen (16) points on their driving record; or

(e) Applicants who received an occupational license within the preceding two (2) years.

(f) A person who holds a commercial driver’s license, or

(g) A person who has been disqualified from operating a commercial vehicle pursuant to § 1306.

310.8 A limited license may be issued with restrictions that will permit business use only, daylight hours only, driving to and from work, or any other limited use which, in the opinion of the hearing examiner is appropriate in carrying out the purpose of this section.

310.9 An occupational license shall be expressly conditioned on the licensee’s compliance with all traffic laws and rules. Any violation, other than parking infractions, shall result in the immediate revocation of the occupational license and the doubling of the applicable period of suspension of revocation.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 270.8, Special Edition; DC Law 13-289, 48 DCR 2057 (March 9, 2001); as amended by Final Rulemaking published at 56 DCR 8595 (October 30, 2009).

18 DCMR § 311 IGNITION INTERLOCK PROGRAM

311.1

(a) [REPEALED.]

(b) Unless an individual’s license is revoked pursuant to Section 10a(d)(2) of The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50-2201.05a(d)(2)), a person must remain in the ignition interlock program (“program”) throughout the revocation period imposed, and for any additional time imposed by the Director pursuant to § 311.15(b).

(c) If a person’s license is revoked pursuant to D.C. Official Code § 50-2201.05a(d)(2), the individual may apply for reinstatement to the program under the terms set forth in this section.

(d) If an individual has a restricted, suspended or revoked license issued by another jurisdiction for the same or similar offense as set forth in this section and applies for a District of Columbia license, that person may apply to enter the program under the terms set forth in this section.

(e) The decision of the Director to deny an application by an individual with a restricted, suspended or revoked license issued by another jurisdiction for the same or similar offense as set forth in this section or a person’s license which has been revoked pursuant to D.C. Official Code § 50-2201.05a(d)(2) is not subject to a hearing or other administrative review.

311.2 For the purposes of this section, the terms certified ignition interlock device and certified provider mean such devices and providers as are certified by the Department pursuant to § 312 of this title.

311.3

(a) A District of Columbia driver licensee, upon having been convicted pursuant to Sections 3b, 3c or 3e of the Comprehensive Impaired Driving and Alcohol Testing Program Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code §§50-2206.11, 50-2206.12 and 50-2206.14), or the Driver License Compact Adoption Act of 1984, effective March 16, 1985 (D.C. Law 5-184; D.C. Official Code § 50-1001(IV)(a)(2)), or having the license revoked or pending revocation for driving while the person is intoxicated as defined by D.C. Official Code § 50-2206.01(9), or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor under Section 13(a) of The District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1125; D.C. Official Code § 1403.01(a)) must apply for participation in the program on a form provided by the Director. Failure to apply and enter the program shall result in revocation of the driver license until the person enters the program and suspension of the registration of any motor vehicle in the name of the person.

(b) An individual shall have thirty (30) days from the time of written notice sent by the Department of the requirement to enter the program as well as obtain a restricted license, otherwise that person’s license shall be revoked.

311.4 [REPEALED.]

311.5 In addition to any other information required by the Director, the applicant shall identify the make, model, and registration number of all vehicles the applicant will be using during program participation, and with respect to each such vehicle provide:

(a) A copy of the title and registration issued by the Department and, if leased, a valid lease agreement;

(b) The names, addresses, and social security numbers of all persons authorized to use the vehicles;

(d) A release form approved the Director and signed by all persons identified in response to (c), consenting to and authorizing the suspension of their vehicle's registration should the applicant withdraw or be terminated from the program;

(e) The name and address of the certified ignition interlock provider that installed the device and, if different, the name and address of the authorized service center where the vehicle will be brought pursuant to § 311.8; and

(f) Written verification from the certified ignition interlock provider that a certified ignition interlock device has been installed and that the applicant and all persons identified in (b) have received training in the use of the device.

311.6 [REPEALED.]

311.7 Upon satisfaction of all other prerequisites and the payment of the applicable fees, the applicant will receive a restricted license. The license restrictions will prohibit him or her from driving any vehicle other than those identified in the application and only if the vehicles remain equipped with properly functioning ignition interlock devices. The Director may impose such other conditions as he or she deems appropriate to further the purposes of the ignition interlock program.

311.8 Every thirty (30) days after installation of the device, the vehicle(s) identified in the application shall be brought to the service center identified in the application for servicing to include downloading of information from the device. If the service center is closed on the date on which service is required, the vehicle shall be brought for service on the next business day.

311.9 The Director, in his or her discretion, may grant an extension to the servicing requirement established in § 311.8 upon a written request and for good cause shown.

311.10 The Director shall suspend the registration of any vehicle not serviced within five (5) days after a servicing date, until the participant proves compliance with § 311.8. The Director may terminate the participant from the program if the vehicle is not serviced within ten (10) days after the servicing date.

311.11 A participant shall only operate a vehicle identified in the application and only if the vehicle remains equipped with a properly functioning device, approved for use under this program.

311.12 A participant shall abide by the terms and conditions of the service agreement with the ignition interlock service provider, including the payment of all costs and fees associated with the program.

311.13 A participant shall be deemed to be in violation of the ignition interlock program requirements if the individual:

(a) Receives a suspension, revocation, or cancellation of his or her restricted driver license;

(b) Operates a vehicle with an expired or invalid registration;

(d) Operates a vehicle that was not listed in the application filed under § 311.5 and approved by the Director;

(d-1) Operates a vehicle with knowledge that the ignition interlock device is not functioning properly and accurately;

(e) Tampers with, bypasses, damages, removes, or renders the ignition interlock device inoperable or allows another individual to tamper with, bypass, damage, remove, or render the ignition interlock device inoperable;

(f) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.020 percent, as measured by the ignition interlock device, unless there is a subsequent breath alcohol concentration reading below 0.020 percent within five (5) minutes thereafter;

(g) Fails to submit to a breath alcohol concentration retest after starting the vehicle;

(h) Fails to take each vehicle identified in the application to a servicing appointment as required by § 311.8;

(i) Fails to abide by the terms and conditions of the participant's agreement with the approved certified service provider;

(j) Allows another individual to blow into the ignition interlock device before the participant operates the vehicle or while the participant is operating the vehicle;

(k) Fails to maintain proof of financial responsibility, including, but not limited to, the form SR-22 customarily used by the insurance industry;

(l) Fails to comply with 18 DCMR § 306.11 in the time period set forth by the Director;

(m) Participates in any other act or use of the ignition interlock device that poses a threat to public safety;

(n) Fails to complete any requirements imposed by the Director to further the purpose of the ignition interlock program; or

(o) Fails to provide re-certification documentation for indigent participants.

311.14 A participant shall not allow any other individual to blow into the device, unless that individual will be operating the vehicle.

311.15

(a)

(1) The Director may terminate a participant from the ignition interlock program for any violation listed in § 311.13.

(2) If a participant is terminated from the program pursuant to § 311.13(a), that person shall serve the license suspension, cancellation, or revocation period and then must re-enter the program to serve the remaining time period.

(b)

(1) Instead of terminating a participant from the ignition interlock program for a violation listed in § 311.13 (other than § 311.13(c)), the Director may require the participant to serve an additional sixty (60) days in the program for the participant's first violation, ninety (90) days for the participant's second violation, and one hundred and twenty (120) days for each subsequent violation.

(2) Instead of terminating a participant from the ignition interlock program for a violation of § 311.13(c), the Director may require the participant to serve an additional (1) one-year extension in the ignition interlock program.

(c) The additional periods set forth in subparagraph (b)(1) and (b)(2) shall extend the time the participant is required to remain in the ignition interlock program beyond the initial revocation period.

(d) If the participant’s license is cancelled due to his or her relocation outside of the District, the participant must remain in an ignition interlock program or the participant will be terminated from the District’s program, his or her privilege to drive in the District will be revoked, and all vehicle registrations in his or her name in the District will be suspended.

311.16 A participant shall be presumed to be the person whose blood alcohol level was detected by a device installed in a vehicle identified on their application.

311.17 A participant shall be presumed to have operated, or to have attempted to operate their designated vehicle whenever the installed device detects a level of alcohol in their blood.

311.18 [REPEALED.]

311.19 [REPEALED.]

311.20 Prior to termination from the ignition interlock program or the imposition of any penalties pursuant to § 311.15, the participant shall be given ten (10) days written notice and an opportunity to request a hearing by the Director or the Director’s designee. The request for a hearing shall be in writing. Failure to timely request a hearing shall waive any rights to such hearing. The hearing shall be informal, and may be conducted in person, by telephone, by mail, or through the internet, and shall be limited to the issue of whether or not the offense was committed. Documentation from the ignition interlock device, an approved certified service provider, a court, an administrative agency, or a law enforcement official shall be prima facie evidence that the offense was committed.

311.21 The Director shall revoke the driver license of a person who fails to participate in the ignition interlock program for the required period. The license revocation period shall be permanent until the person re-enters the program. Credit will be given for any time served in the ignition interlock program for the applicable offense. The person will serve the remaining time and any additional extension period imposed by the Director pursuant to § 311.15(b).

311.22 The Director shall suspend the registration of all vehicles identified in the application of a participant who fails to participate in the ignition interlock program for the required period. The period of suspension shall be concurrent with the period of time during which the participant's driver license is revoked.

311.23

(a) [REPEALED.]

(b) If a participant failed to successfully complete an ignition interlock program in another jurisdiction, the person may request that the Director allow him or her to enroll in and enter the District of Columbia ignition interlock program.

311.24 [REPEALED.]

311.25 An applicant entering the ignition interlock program pursuant to § 311.23(b) shall be credited for time served, and shall be required to participate in the ignition interlock program for either the full period of time that would have been imposed if the offense had occurred in the District, or the period of time remaining to be served in the former jurisdiction, whichever is greater.

311.26 If the applicant's driver license was revoked, and the applicant seeks admittance into the ignition interlock program more than six (6) months after revocation, he or she will be required to pass the written knowledge test and the road test.

311.27 A violation of subsections (c), (d), (d-1), (e) or (k) of §311.13 may result in the issuance of a Notice of Infraction to be adjudicated under The District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2–104; D.C. Official Code §§ 50-2301.01 et seq.). The fine shall be one hundred dollars ($100). No points shall be assessed for any violation.

History

SOURCE: Final Rulemaking published at 53 DCR 7218 (September 1, 2006); as amended by Final Rulemaking published at 61 DCR 9332 (September 12, 2014); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 311

18 DCMR § 312 IGNITION INTERLOCK PROVIDERS

312.1

(a) All ignition interlock providers must be certified by the Department in accordance with the requirements of this section.

(b) The Department shall enter into an agreement with a provider that incorporates by reference this section and includes any other requirements deemed appropriate by the Department in order to carry out the purposes of the ignition interlock program.

312.2 Providers shall be responsible for device installation, user training, service, and maintenance.

312.3 All devices offered in the District shall meet or exceed the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf).

312.4 A provider shall certify that the devices for which certification is sought:

(a) Do not impede the safe operation of the vehicle;

(b) Minimize opportunities to bypass devices;

(d) Work accurately and reliably in an unsupervised environment;

(e) Require a proper and accurate measure of blood alcohol levels;

(f) Resist tampering and provide evidence of attempted tampering;

(g) Are difficult to circumvent and require premeditation to circumvent;

(h) Minimize inconvenience to a sober user;

(i) Are manufactured by a party responsible for installation, user training, service, and maintenance;

(j) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

(k) Are manufactured by a party adequately insured for product liability;

(l) Provide the option for an electronic log of the driver's experience with the device; and

(m) Meet the requirements for certification set forth in the specifications for the devices.

312.5 An application for certification shall include:

(a) The name and address of the provider;

(b) The name and model number of each type of device to be used by the provider;

(d) Technical specifications descriptive of each device's accuracy, security, data collection and recording, tamper detection, and environmental features;

(e) A description of the provider's present or planned provisions for distribution of the device in the District, including all locations where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;

(f) A certificate from an insurance company licensed in the District evidencing that the provider holds product liability insurance; and

(g) A certified copy of the drawings, schematics, and wiring protocols for each device and its components, to be treated by the District as confidential commercial information not subject to public disclosure.

312.6 The ignition interlock device shall correlate with an alcohol concentration recommended in the specifications contained in the technical standards for breath alcohol ignition interlock devices in the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf) with the accuracy provided for in the specifications but may not be higher than 0.020 percent.

312.7 A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and interlock when an individual has an alcohol concentration of 0.025 percent or higher.

312.8 In the event of a customer complaint, the provider shall correct any error in operation or misuse with additional instructions, or exchange the device with another in the event of a component failure, within 48 hours of notification of the complaint.

312.9 Breath test devices shall use breath specimens that are alveolar air samples (“deep lung air”) in accordance with established forensic alcohol standards meeting or exceeding the specifications contained in the technical standards for breath alcohol ignition interlock devices in the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf).

312.10 The ignition interlock device shall be calibrated for proper use and accuracy every thirty (30) days, or more if required by the Director in order to ensure accurate calibration, and after notice to any affected participant and ignition interlock device provider.

312.11 The device, the installation of the device, and the monitoring of the device, including the transmission of data to the Department, shall provide for the security features set forth in the specifications for breath alcohol ignition interlock devices in the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf).

312.12 The device shall be resistant to environmental conditions including shock and vibration as normally found in a motor vehicle and shall operate accurately over a temperature range of --20 to 100 degrees (F) and an altitude range between 0 to 2,500 feet.

312.13 The device shall have the following design features:

(a) Be designed to permit a restart (grace period) of a vehicle's ignition within 120 seconds after the ignition has been shut off, without requiring a further test;

(b) Automatically purge residual alcohol before allowing subsequent tests;

(d) Be designed so that a second breath test is performed once a vehicle has been underway for at least 5 minutes but not more than 30 minutes;

(e) Cause the vehicle to stop functioning and signal, by activating horns and/or lights, when the device is activated while vehicle has been underway;

(f) Have an onboard datalogger, which shall be:

(1) Capable of being downloaded in an installation facility or in the field through mobile means;

(2) Encrypted with the software programs allowing access to the data stored in the device; and

(3) Kept secure and protected from public access; and

(g) Have a camera capable of recording the image of the driver of the motor vehicle in which the device is installed: and

The camera shall take an image of the driver with sufficient clarity and resolution to allow driver identification;

The camera shall operate in all lighting conditions, including extreme brightness, darkness, and lowlight conditions, and capture a clear image of the driver for identification;

The vendor shall take a reference image of the driver during the installation appointment for identity comparison purposes with the image captured of the driver conducting a breath alcohol test with the ignition interlock device;

The camera shall incorporate tamper detection features that will indicate;

If the lens is covered or blocked to prevent light from entering the image capture system of the camera;

If the lens is coated or is covered by a material to distort the image capture;

If the field of view of the camera has been altered by repositioning of the camera;

Disconnection of communication between the camera and the ignition interlock device; and

(E) Disconnection of power to the camera;

(5) The images taken by the camera of the driver conducting the breath alcohol test with the ignition interlock device shall be stored with the date and time of image capture, the result of the breath test, and the corresponding ignition interlock program identification number. Data should be readily available to the jurisdiction upon request; and

(6) The camera shall capture images of the driver conducting the breath alcohol test with the ignition interlock device for the events listed following:

Successful completion of the initial breath test sample (when the ignition interlock device captures the sample for analysis);

Successful completion of any retest breath test sample (when the ignition interlock device captures the sample for analysis);

Unsuccessful delivery of the initial breath test sample (when the ignition interlock device rejects the breath sample delivery because of inadequate pressure, flow, temperature, or other determinant properties of the breath sample of the ignition interlock device);

Unsuccessful delivery of any retest breath test sample (when the ignition interlock device rejects the breath sample delivery because of inadequate pressure, flow, temperature, or other determinant properties of the breath sample of the ignition interlock device); and

(E) Failure to take a retest when required.

312.14 The provider shall carry product liability insurance with minimum liability limits of 1 million dollars ($ 1,000,000) per occurrence, with 3 million dollars ($ 3,000,000) aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacture, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will be given to the Department before cancellation of the insurance.

312.15 The provider shall submit to the Department a statement that the provider is entirely responsible for product liability and shall defend and indemnify the District and the testing laboratory that has verified that the device meets the Department's standards and requirements.

312.16 A provider is responsible for ensuring that proper installation procedures are adhered to, including, but not limited to, the following:

(a) Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;

(b) Customers or other unauthorized persons must not be allowed to witness the installation of the device;

(c) Each provider shall develop detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Department;

(d) The installer shall screen the vehicle for acceptable mechanical and electrical conditions, in accordance with the provider's instructions;

(e) Conditions that would interfere with the function of the device (for example, low battery or alternator voltage, stalling frequently enough to require additional breath tests, etc.) shall be corrected to an acceptable level;

(f) Installations shall be made in a workmanlike manner in accordance with accepted trade standards, and according to the instructions provided by the manufacturer;

(g) After a device is installed, the vehicle shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle after it has been started;

(h) Each installation shall include all of the tamper resistant features required by the provider and the Department;

(i) The provider shall be responsible for ensuring physical anti-tamper securities, which include, but are not limited to:

(1) A unique and easily identifiable wire, covering, or sheathing over all wires used to install the device, which are not inside a secured enclosure;

(2) A unique and easily identifiable covering, seal, epoxy, or resin at all exposed electrical connections for the device;

(3) Connections to the vehicle, which shall be under the dash or in an inconspicuous area of the vehicle;

(4) A unique and easily identifiable tamper seal, epoxy, or resin at all openings (except the breath and exhaust ports) of the hand-held unit, control, and support units; and

(5) Depending on the level of electronic anti-tampering security of a device, additional anti-tamper measures, such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to started solenoid, wire to ignition, dash screws).

(j) The provider is responsible for ensuring electronic anti-tampering securities including, but not limited to, the following:

(1) The device shall detect when the vehicle has been started without a breath test being passed, and shall either display the tamper or record it, or both, in a way that allows for the retrieval of information at a later date;

(2) The device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device;

(3) The device shall continuously record the time and date for each of the following vehicle and device operations:

(i) Breath test fail;

(ii) Breath test pass;

(iii) Alcohol level of breath test;

(iv) Any attempt to tamper with the device;

(v) Camera images;

(vi) Number of engine starts; and

(vii) Failure to submit to breath test.

(4) When a device detects a condition that would be considered tampering, the device shall activate an indicator or interrupt device.

312.17 At the time of device installation, the device shall be checked to make sure that it is functioning properly and accurately. Self-diagnostic features shall also be checked.

312.18 Tamper inspections shall be conducted any time that the device is given routine inspection, maintenance, or repair by the provider. Tamper inspections shall include the following:

(a) Inspect all external wiring insulation, connection, and sheathing for the device and where the device connects to the vehicle;

(b) Record or document any electronic indications of tampering;

(c) Inspect all tamper seals for breaks, tears, or other evidence of tampering. Document and photograph any evidence of tampering;

(d) Check device for proper operation to ensure tamper detection capabilities;

312.19 The Department or its designees shall have the right to inspect installation and servicing of the devices.

312.20 The provider shall provide the customer with the following:

(a) Written instructions on how to clean and care for the device;

(b) Written instructions on what type of vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;

(d) Written and hands-on training on how to use the device. This shall include all persons authorized to use the vehicle that has had the device installed; and

(e) An adequate supply of disposable mouthpieces with saliva traps.

312.21 The provider shall provide an emergency 24-hour phone number that a driver may use to receive assistance. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure of a device shall be provided within 24 hours for vehicles located in or near an area with an installation repair facility. The device shall be made functional within 48 hours from when the call for assistance is made.

312.22 Providers shall ensure the following with respect to personnel who install, calibrate, perform tamper inspections, or perform reporting duties, or all of these:

(a) Personnel shall have the training and skill necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions; and

(b) Ensure by way of a background check that personnel have not been convicted of a crime or driving related offense substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. These offenses include, but are not limited to, the following:

Convictions for any alcohol or drug-related offense within the last three (3) years;

Convictions of more than one (1) alcohol or drug-related offense overall;

Convictions of probation violation;

Conviction for perjury; or

(5) License suspension or revocation for a violation of motor vehicle safety laws.

312.23 Persons who can show acceptable evidence of rehabilitation may be considered for the positions in § 312.22.

312.24 A device must be tested prior to certification.

312.25 Facilities, which may include mobile or satellite units, where interlock devices are installed, serviced, monitored, or removed shall:

(a) Be in an area where customers are not allowed to watch the installation, calibration, or removal of a device;

(b) Be open during normal business hours with after hours service capability;

(c) Be established to service the geographical location and volume of individuals who qualify for and are admitted into the program;

(d) Have records maintained for five (5) years after vendor no longer provides service; and

(e) Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install devices.

312.26 The tools, test equipment, and manuals required under § 312.25 (e) include, but are not limited to, the following:

(a) Tools necessary to ensure electrical connections are made in a workmanlike manner in accordance with accepted trade standards (for example, properly soldered or mechanically crimped with high quality connectors);

(b) Heat gun if heat shrink tubing or heat set labels are used;

(d) Test light;

(e) Battery testing equipment and servicing tools (for example, load tester, terminal cleaning tools, battery filler, etc.); and

(f) Electrical wiring diagrams or reference guide, or both, for electrical systems on import and domestic vehicles, 20 years old or less, necessary for the installation and operation of the device.

312.27 Testing shall be performed under the specifications set forth in the technical standards for breath alcohol ignition interlock devices in the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf) by an entity approved by the Department for the purpose of establishing the accuracy and reliability of candidate devices.

312.28 The provider must submit to the Department a notarized letter, affidavit, or both, from a Department-approved testing laboratory certifying that the device by model, class, or both, meets or exceeds all requirements set forth in the technical standards for breath alcohol ignition interlock devices in the Model Specifications for Breath Alcohol Ignition Interlock Devices, published at 78 Fed. Reg. 26862 (May 8, 2013) (available at: https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf).

(a) The name, address, and phone number of the testing laboratory;

(b) A description of the tests performed;

(d) The names and qualifications of the individuals performing the tests.

312.29 The provider shall submit to the Department:

(a) Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way to require laboratory retesting.

(b) Monthly, a summary of all complaints received and corrective actions taken by the provider for each mode or type of certified device;

(c) Semiannually, a report that the devices were checked for proper use and accuracy, detailing any necessary adjustments;

(d) A report on any device denied certification in another state, whether the denial of certification occurs before or after certification by the Department;

(e) Any other available information upon request;

(f) Notification within 24 hours of any device installed onto a vehicle participating in the program and any device removed from a vehicle participating in the program; and

(g) Furnish the following data daily:

Data downloaded from the data logger of every device serviced on the prior day, including, but not limited to, the dates and times of:

(1) A breath test fail;

(2) A breath test pass;

(3) Alcohol level of breath test;

(4) Tampering or attempting to circumvent the device Camera images;

(5) Failure to provide a breath test when prompted by the device;

(6) Number of engine starts; and

(7) When the device is serviced.

312.30 The reports required under § 312.29 shall be categorized by:

(a) Customer error of operation;

(b) Faulty automotive equipment other than the device;

(d) Device failure due to material defect, design defect, or workmanship errors in construction, installation, or calibration.

312.31 A denial of certification for an ignition interlock model in another state may be cause for de-certification or denial of certification for the same model in the District.

312.32 All costs of obtaining certification of an ignition interlock device shall be borne by the provider.

312.33 When notified in writing by the Department, the approved provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.

312.34 Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be used.

312.35 The Department may revoke approval of a device, and remove it from the list of acceptable devices, upon any of the following grounds:

(a) Evidence of repeated failures due to gross defects in design, materials, or workmanship during manufacture;

(b) Termination of provider's liability insurance;

(d) Voluntary request of provider;

(e) Any findings that the provider is not in compliance with the provisions of this chapter; or

(f) A reasonable belief that the device was inaccurately represented to meet the performance standards.

312.36 The effective date of revocation shall be 15 days after notification is sent to the provider via first class mail, except in cases where the Department determines immediate revocation is necessary for the safety and welfare of the public.

312.37 Within 15 days of revocation, providers may request, in writing, review of revocation.

312.38 Upon revocation or voluntary surrender of an approval, a provider shall be responsible for removal of all like devices from customers' vehicles.

312.39 A provider shall be responsible for any costs connected with removal of its revoked devices from customers' vehicles and the installation of new devices from the Department's list of approved devices.

312.40 A provider must allocate 2% of its monthly gross leasing revenue in a fund for indigents, to be made available for indigents applying to the program.

History

SOURCE: Final Rulemaking at 53 DCR 7222(September 1, 2006); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 312

18 DCMR § 313 INTELLIGENT SPEED ASSISTANCE PROGRAM – IMPLEMENTATION, APPLICATION PROCESS, AND PARTICIPATION COMPLIANCE

313.1 This section implements provisions of the Intelligent Speed Assistance Program (“ISA Program”), which is a program under which District of Columbia driver licensees convicted of certain offenses are required to install intelligent speed assistance systems on motor vehicles they operate as a condition of obtaining and maintaining a restricted driver license and as a condition of reinstatement of their unrestricted driver license. The intelligent speed assistance system limits the speed at which a motor vehicle can travel based on the applicable speed limit.

313.2 The Department shall provide notice to each person required to enroll in the ISA Program as a condition of obtaining and maintaining a restricted driver license and of reinstatement of their unrestricted driver license.

313.3 (a) A District of Columbia driver licensee must apply for participation in the ISA Program upon having been convicted or adjudicated a juvenile delinquent by a final order or judgment for, or upon having forfeited any bond or collateral given to secure their appearance for trial for:

(1) Aggravated reckless driving pursuant to Section 9(b)(1) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-2201.04(b)(1)); or

(2) Any other offense set forth in Section 37(a) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50-1301.37(a)), if the licensee was traveling twenty (20) miles per hour or more over the speed limit during the commission of the offense.

(b) The licensee shall apply for enrollment in the ISA Program on a form provided by the Director.

(c) The licensee shall have thirty (30) calendar days, from the date on the written notice sent by the Department of the requirement to enroll in the program, to enroll in the ISA Program. If the licensee fails to enroll in the program within the thirty (30)-day period, their driver’s license shall be revoked and, if and as provided in section 37(a) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50-1301.37(a)), the registration of any motor vehicle in the name of the person shall be suspended, until the person enrolls in the ISA Program.

(d) A participant shall be required to remain in the ISA Program throughout the revocation period imposed and for any additional time imposed by the Director pursuant to § 313.11(b)(1) and (2);

313.4 In addition to the persons required to enroll in the ISA Program pursuant to § 313.3(a), if an individual who applies for a District of Columbia license has a restricted, suspended, or revoked license issued by another jurisdiction for the same or similar offense as set forth in D.C. Official Code § 50-1301.38 and applies for a District of Columbia license, the individual must apply to enroll in the ISA Program under the terms set forth in this section.

313.5 In addition to any other information required by the Director, the applicant shall provide the following information as part of their application:

(a) The make, model, and registration number of all vehicles the applicant will be using during enrollment in the ISA Program; and

(b) With respect to each such vehicle:

(1) A copy of the vehicle registration issued by the Department;

(2) If the vehicle is leased, a valid lease agreement;

(3) The names and addresses of any registered owners other than the lessors and the applicant;

(4) A release form approved by the Director and signed by all persons identified in response to subparagraph (3), acknowledging that their vehicle’s registration will be suspended if the applicant withdraws or is terminated from the program;

(5) The name and address of the certified provider that installed the intelligent speed assist device on the vehicle and, if different, the name and address of the authorized service center where the vehicle will be brought pursuant to § 315.11; and

(6) Written verification from the intelligent speed assist provider that a certified speed assist device has been installed and that the applicant and all persons identified in paragraph (3) have received training in the use of the device.

313.6 With the applicant’s application, the applicant shall pay an enrollment fee of fifty dollars ($50), unless the Department determines that the applicant is indigent, in which case no enrollment fee shall be imposed, and any other applicable fees.

313.7 (a) Upon satisfaction of all statutory requirements for enrollment in the ISA Program, the applicant shall receive a restricted driver license from the Department. The license restrictions shall prohibit the licensee from driving any vehicle other than a vehicle identified in the Department-approved application and only if the vehicle remains equipped with a properly functioning intelligent speed assist device.

(b) The Director may impose such other conditions as the Director may prescribe to protect the public or deems necessary pursuant to District law.

313.8 A participant in the ISA Program:

(a) Shall only operate a vehicle identified in the Department-approved ISA Program application and only if the vehicle remains equipped with a properly functioning intelligent speed assist device, approved for use under the ISA program;

(b) Shall abide by the terms and conditions of the service agreement with the intelligent speed assist service provider, including the payment of all costs and fees associated with the program;

(c) Shall not tamper with, bypass, or otherwise remove or render the intelligent speed assist device inoperable, or allow another person to tamper with, bypass, or otherwise remove or render the device inoperable;

(d) Shall not operate a vehicle with an expired or invalid registration;

(e) Shall not remove the intelligent speed assist device, or allow another individual to remove the intelligent speed assist device, without prior approval from the Director;

(f) Shall not operate a vehicle with knowledge that the intelligent speed assist device is not functioning properly;

(g) Shall not tamper with, bypass, damage, or render the intelligent speed assist device inoperable or allow another individual to tamper with, bypass, damage, or render the intelligent speed assist device inoperable;

(h) Shall not participate in any use of the intelligent speed assist device that poses a threat to public safety;

(i) Shall pay all costs associated with participating in the ISA Program; except, if the Department determines the participant is indigent based upon income documentation provided by the participant, the Department shall pay all costs associated with that participant’s participation in the ISA Program for one (1) year resulting from the first conviction requiring enrollment; and

(j) Shall not engage the emergency override feature of the intelligent speed assist device more than ten (10) times during a thirty (30) day period.

313.9 A participant shall be deemed to be in violation of the ISA Program requirements if the individual fails to comply with requirements or restrictions set forth in § 313.9.

313.10 The Department shall suspend a participant from the ISA Program, or alternatively extend a participant’s service in the program, as follows:

(a) Suspension from the program.

(1) The Director shall suspend a participant from the ISA Program, and suspend the participant’s restricted license, for any violation listed in § 313.9 unless they agree to the alternatives listed in subparagraph (b);

(2) If a participant is suspended from the program pursuant to subparagraph (1) and their restricted license is suspended, that person shall at the end of the suspension period re-enter the ISA Program to participate for the remaining time period.

(b) Alternatives to suspension.

(1) For a violation listed in § 313.9(b) or (d)–(k), the Director may, as an alternative to suspending the participant from the ISA Program, offer the participant the option of serving an additional sixty (60) days in the program for the participant’s first violation, ninety (90) days for the participant’s second violation, or one hundred and twenty (120) days for each subsequent violation; or

(2) For a violation listed in § 313.9(c), the Director may, as an alternative to suspending the participant from the ISA Program, offer the participant the option of serving an additional one (1) year in the program.

(c) The additional periods set forth in paragraph (b) shall, if agreed to by the participant, extend the time the participant is required to remain in the ISA Program beyond the initial driver license revocation period.

313.11 Prior to suspension from the ISA Program or the imposition of an alternative to removal pursuant to § 313.11, the participant shall be given ten (10) days written notice of the action. The participant shall have ten (10) days from the notice date of suspension or alternative to suspension to request a written review by the Director or the Director’s designee of the suspension from the program or imposition of an alternative to suspension. Failure to timely submit a written objection shall waive any rights to such review. The review shall be limited to the issue of whether the offense leading to suspension was committed. Documentation from the intelligent speed assistance device, a certified provider, a court, an administrative agency, or a law enforcement official shall be prima facie evidence that the offense was committed.

313.12 The Director shall suspend the registration of all vehicles identified in the application of a program participant who withdraws from or is suspended from the ISA Program until the participant re-enrolls in the program.

313.13 If the participant’s license is cancelled due to the participant’s relocation outside of the District, the Department shall also revoke the participant’s privilege to drive in the District until the end of the remaining revocation period. At the conclusion of the revocation period, the participant may apply for reinstatement of the privilege to drive in the District as an out-of-state resident, if the participant continues to reside outside the District.

313.14 Any individual required to participate in the ISA Program as part of a court order must abide by the provisions of this section. The Department shall notify the Court when the individual is terminated from or completes the program.

313.15 For the purposes of this section, the terms “certified speed assist device” and “certified provider” mean such devices and providers as are certified by the Department pursuant to § 315.

History

SOURCE: Final Rulemaking published at 73 DCR 006895 (May 1, 2026). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 313

18 DCMR § 314 ISA PROGRAM—EFFECT OF UNRELATED SUSPENSIONS, CANCELLATIONS, OR REVOCATIONS

314.1 An ISA Program participant’s driver license shall remain subject to suspension, revocation, or cancellation on grounds described elsewhere in this title or other District law that are not program violations described in § 313.

314.2 An ISA Program participant whose driver license is suspended, revoked, or cancelled pursuant to § 314.1 before their required period of participation in the ISA Program is complete, and who wishes to reapply for a driver license, must apply for a restricted license. The person shall operate under that restricted license until they have completed their required participation in the ISA Program.

History

SOURCE: Final Rulemaking published at 73 DCR 006895 (May 1, 2026). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 314

18 DCMR § 315 ISA PROGRAM—INTELLIGENT SPEED ASSISTANCE SYSTEM PROVIDERS

315.1 (a) All intelligent speed assistance system providers must be certified by the Department in accordance with the requirements of this section.

315.2 Providers shall be responsible for device installation, user training, and device service and maintenance.

315.3 An application for certification shall include:

(a) The name and address of the provider;

(b) The name and model number of each type of device to be used by the provider;

(d) Technical specifications describing each device’s accuracy, security, data collection and recording, tamper detection, and environmental features;

(e) A certified copy of the drawings, schematics, and wiring protocols for each device and its components, to be treated by the Department as confidential commercial information not subject to public disclosure;

(f) A description of the provider’s present or planned provisions for distribution of the device in the District, including all locations where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;

(g) A certificate from an insurance company licensed in the District evidencing that the provider holds product liability insurance with minimum liability limits of one million dollars ($1,000,000) per occurrence, with three million dollars ($3,000,000) aggregate total. The liability covered shall include defects in product design and materials, including but not limited to manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that thirty (30) days’ notice will be given to the Department before cancellation of the insurance; and

(h) A statement that the provider is entirely responsible for product liability and shall defend and indemnify the District and the testing laboratory that has verified that the device meets the Department’s standards and requirements.

315.4 A provider shall certify that the devices for which certification is sought:

(a) Do not impede the safe operation of the vehicle;

(b) Minimize opportunities to bypass the devices;

(d) Resist tampering and provide evidence of attempted tampering;

(e) Are difficult to circumvent and require premeditation to circumvent;

(f) Are manufactured by a party responsible for installation, user training, service, and maintenance;

(g) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

(h) Are manufactured by a party adequately insured for product liability;

(i) Provide the option for an electronic log of the driver’s experience with the device; and

(j) Meet the requirements set forth in the specifications for the devices.

315.5 Each device, to be eligible for certification, shall have the following features:

A global positioning system (GPS) or other technology that determines the roadway on which the vehicle is traveling;

Technology that determines the posted speed of the roadway on which the vehicle is traveling;

A digital display, mounted on or near the vehicle dashboard, that shows the current speed at which the vehicle is traveling, as well as the speed limit of the roadway being traveled;

A mechanism that prevents the vehicle from traveling at a speed of more than five miles per hour (5 mph) over the posted speed limit and that disengages the accelerator of the vehicle if the vehicle exceeds the posted speed limit by more than five (5) miles per hour over the posted speed limit;

A capability for the operator to override the speed-limiting mechanism in emergency situations. The emergency override feature of the system shall be configured to allow the vehicle to exceed the speed limit by a maximum of fifteen (15) miles per hour over the posted speed limit for a total of twenty (20) seconds;

A mechanism to alert the provider to the use of the override feature, and to transmit to the provider the date, time, and location of the override;

A mechanism to continuously collect, record, and store the following information, including the applicable date and time:

(1) The location and operational speed of the vehicle; and

(2) Use of the emergency override mechanism;

The following electronic anti-tampering securities:

(1) A tamper detection mechanism that operates when the device is disconnected from the vehicle’s power supply or that records when the device was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device;

(2) A mechanism to continuously record the time and date of any attempt to tamper with the device; and

(3) An indicator or interrupt device that activates when a device detects a condition that would be considered tampering;

The capability of having data downloaded at a fixed facility or over an encrypted cellular data transmission; and

A self-diagnostic feature that verifies that the device is working properly.

315.6 All costs of obtaining certification of an intelligent speed device shall be borne by the provider.

315.7 A provider shall ensure that proper installation procedures are adhered to when installing a device, including the following:

Each provider shall develop and follow detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Department;

Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;

Neither the ISA Program participant nor the participant’s representative may be allowed to witness the installation of the device;

The installer shall screen the vehicle for acceptable mechanical and electrical conditions, in accordance with the provider’s instructions;

Conditions that would interfere with the functioning of the device (for example, low battery or alternator voltage, etc.) shall be corrected to an acceptable level;

Installations shall be made in a professional manner in accordance with accepted trade standards and according to the instructions provided by the manufacturer;

After a device is installed, the vehicle shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle;

Each installation shall include the following physical anti-tamper securities:

(1) A unique and easily identifiable wire covering or sheathing over all wires and/or OBD port used for installation;

(2) Connections to the vehicle that are under the dash or in an inconspicuous area of the vehicle; and

(3) Depending on the level of electronic anti-tampering security of a device, additional physical anti-tamper measures, such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to started solenoid, wire to ignition, dash screws); and

At the time of device installation, a self-diagnostic test shall be performed to ensure that the device is working properly.

315.8 After installation of a device, the provider shall provide to the participant an installation certificate that includes:

(a) The date of installation;

(b) The name of the restricted driver;

(d) The date of birth of the restricted driver;

(e) The year, make, and model of the vehicle the device was installed in;

(f) The license plate number of the vehicle the device was installed in; and

(g) The name or identifier of the individual that installed the device.

315.9 The Department or its designees shall have the right to inspect installation and servicing of the devices.

315.10 The provider shall provide the customer with the following:

(a) Written instructions on how the device is used;

(b) Written instructions on what type of vehicle malfunctions or repairs may affect the device and what to do when such repairs are necessary; and

(c) Written and hands-on training on how to use the device. This training shall also be provided to all persons authorized to use the vehicle.

315.11 In the event of a customer complaint, the provider shall correct any errors in operation or misuse with additional instructions or exchange the device with another in the event of a component failure, within forty-eight (48) hours of notification of the complaint.

315.12 The provider shall provide an emergency twenty-four (24)-hour phone number that a driver may use to receive assistance in the operation of the device, including repairs to malfunctioning devices. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure or malfunctioning of a device shall be provided within twenty-four (24) hours for vehicles located in or near an area with an installation repair facility, and the device shall be made functional within forty-eight (48) hours from when the call for assistance is made.

315.13 Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be installed.

315.14 The provider shall conduct tamper inspections any time that the device is inspected, maintained, or repaired by the provider. Tamper inspections shall include the following:

Inspecting all external wiring insulation, connection, and sheathing for the device and where the device connects to the vehicle;

(b) Recording or documenting any electronic indications of tampering;

(d) Documenting and photographing any evidence of tampering; and

(e) Checking the device for proper operation to ensure tamper detection capabilities are functioning properly.

315.15 (a) Providers shall ensure the following with respect to personnel who install, calibrate, perform tamper inspections, or perform reporting duties:

(1) Personnel shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions;

(2) Personnel may not have been convicted of a crime substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. Such a crime may include, but is not limited to, the following:

(A) Conviction for perjury; or

(B) License suspension or revocation for a violation of motor vehicle safety laws.

(b) Persons who can show acceptable evidence of rehabilitation may be considered for the positions in paragraph (a) of this subsection.

315.16 Facilities, which may include mobile or satellite units, where intelligent speed assist devices are installed, serviced, monitored, or removed, shall:

(a) Be in an area where participants and their representative are not allowed to watch the installation, calibration, or removal of a device;

(b) Be open during normal business hours with after-hours service capability;

(c) Be established to service the geographical location and volume of individuals who qualify for and are admitted into the ISA program; and

(d) Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install ISA devices.

315.17 Providers shall maintain electronic records of any installation, service, or removal of any intelligent speed assist devices for a minimum of five (5) years after the device has been removed. The records shall be subject to inspection by the Department or its designees upon written notice of inspection, which shall be provided at least five (5) days before the inspection.

315.18 The provider shall provide the following reports to the Department, in a format designated by the Department:

(a) Any attempt to circumvent or tamper with a device, which shall be reported to the Department within forty-eight (48) of the provider becoming aware of the attempt;

(b) Any removal of a device not authorized by the Department, which shall be reported to the Department within twenty-four (24) hours of the provider becoming aware of the removal;

(d) Driving activity of each vehicle in which a device is installed, which shall be reported to the Department every thirty (30) days.

315.19 The provider shall submit to the Department:

(a) Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way that requires laboratory retesting;

(b) Annually, a summary of all complaints received, and corrective actions taken by the provider, for each model or type of certified speed assist device;

(c) Every six (6) months, a report that the devices maintained in inventory were checked for proper use and accuracy, detailing any necessary adjustments;

(d) A report on any device denied certification in another state, whether the denial of certification occurs before or after certification by the Department; and

(e) Any other available information upon request.

315.20 (a) When notified in writing by the Department, the provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.

(b) The provider shall thereafter provide a removal certificate to the participant that includes:

(1) The date the device was removed;

(2) The number of days the device was installed;

(3) The number of miles driven during the time the device was installed on the vehicle; and

(4) The name or identifier of the individual that removed the device.

315.21 The Department may revoke approval of a device, and remove it from the list of approved devices, upon any of the following grounds:

(a) Evidence of repeated failures due to defects in design, materials, or workmanship during manufacture;

(b) Termination of the provider’s liability insurance;

(d) Voluntary request of provider;

(e) A reasonable belief that the device was inaccurately represented to meet the performance standards established by this section; or

(f) A denial or revocation of certification for the device model in another state.

315.22 The effective date of revocation shall be fifteen (15) days after notification is sent to the provider via first class mail, except in cases where the Department determines immediate revocation is necessary for the safety and welfare of the public.

315.23 Within fifteen (15) days of revocation, a provider may request, in writing, review of revocation.

315.24 Upon revocation or voluntary surrender of an approval, a provider shall be responsible for removal of all such devices from participants’ vehicles, any costs connected with the removal of its revoked devices from participants’ vehicles, the installation of new devices from the Department’s list of approved devices, and any costs connected with the installation of the new devices.

History

SOURCE: Final Rulemaking published at 73 DCR 006895 (May 1, 2026). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 315

18-4 MOTOR VEHICLE TITLE AND REGISTRATION

18 DCMR § 400 GENERAL PROVISIONS AND FEES

400.1 The rules and regulations contained in this chapter shall govern the issuance of certificates of title for motor vehicles, the registration of motor vehicles, and the issuance of motor vehicle identification tags by the District of Columbia.

400.2 The Director shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate, shall issue a serially numbered certificate to the applicant.

400.3 The Director shall file all applications for certificates and registration and all surrendered certificates in a manner that will permit the tracing of every certificate issued for a vehicle.

400.4 All papers in connection with certificates and registrations shall be retained by the Director for a period of not less than ten (10) years, unless such papers shall have first been microfilmed, in which event the original papers may then be destroyed, and the microphotographs shall be kept on file.

400.5 The model year shown on the manufacturer’s certificate of origin shall be followed in the processing of title applications by the Department.

400.6 Each application for a certificate, registration, special use tags, special use certificate, duplicate of any kind, and any other item described in this title, shall be made upon the form prescribed or approved by the Director and shall be accompanied by all required fees and taxes.

400.7 An owner who leaves the District and retains his or her District tags and registration (but surrenders his or her title to another jurisdiction) and subsequently returns to the District during the same registration period shall be charged for a new title.

400.8 An owner who leaves the District and returns during the same registration period who does not retain his or her District title and registration, shall be charged only for a new title and duplicate tags.

400.9 Replacements for damaged tags and revalidating stickers shall be made without fee if the damaged tags are surrendered; otherwise, the two-dollar ($ 2.00) replacement fee shall be paid.

400.10 All surrendered tags and revalidating stickers shall be recorded and destroyed.

18 DCMR § 401 APPLICATION FOR A CERTIFICATE OF TITLE

401.1 The application for a certificate of title shall be made by the owner and shall set forth the following:

(a) The owner’s true and lawful given name, middle name or names, if any, and surname; residence and business address, if any; driver’s license number; and date of birth;

(b) A description of the vehicle including (so far as the following data exists) make, model, year of manufacture, type of body, identifying number, manufacturer’s shipping weight, and whether the vehicle is new or used;

(c) The date of purchase by applicant; the name and address of the person from whom the vehicle was acquired; and the names and addresses of any lien holders in the order of their priority and the dates of their respective security agreements;

(d) Any further information which is reasonably required by the Director to identify the vehicle and to enable the Director to determine whether the owner is entitled to a certificate and whether there exists any security interest in the vehicle;

(e) A statement as to the kind of identification tags desired or a statement that the applicant does not intend to register the vehicle; and

(f) Proof of District of Columbia residency for at least one owner; except that a vehicle owned by an out-of-state lessor and leased to a District of Columbia resident may apply and an out-of-state insurance company may apply in connection with an insurance claim if the vehicle is located in the District.

401.2 If the applicant knows or has reason to know that the vehicle has been registered in the District or in any other jurisdiction as a taxicab, commercial vehicle, or for livery or sightseeing purposes, the application shall indicate the prior registration by one of the following, as appropriate: “x taxi,” “x commercial,” “x livery,” or “x sightseeing.”

401.3 Each application shall be executed by the owner(s) of the vehicle for which a certificate is sought, except that an application of an owner serving in the Armed Forces outside the borders of the United States may be signed in the name of the owner by the owner’s spouse or next of kin upon proof of the relationship satisfactory to the Director.

401.4 If the application refers to a new vehicle it shall be accompanied by a certificate of manufacture or such other proof of ownership as the Director may reasonably require.

401.5 If the application refers to a vehicle previously registered in the District, the application shall be accompanied by a certificate or other proof of ownership that the Director may reasonably require.

401.6 If the application refers to a judicial sale, the application shall be accompanied by a bill of sale from the person authorized to make the sale and a certified copy of the court order that authorized the sale.

401.7 If the application refers to a vehicle last previously registered elsewhere than in the District, the application shall be accompanied by one (1) of the following:

(a) Any certificate of title issued by the other jurisdiction;

(b) If no certificate of title is or, during the period in which the vehicle was last registered, was required by the other jurisdiction, the evidence of ownership shall be in the form which is or was required by the other jurisdiction for the purpose of registering the vehicle in that jurisdiction; or

(c) If no such proof of ownership is specified in the other jurisdiction, an invoice or bill of sale signed by the transferor(s) of the vehicle to the applicant and bearing the sworn statement of the transferor(s) to the effect that the transferor(s) is (are) the sole owner(s) of the vehicle and that, except as specified in the invoice or bill of sale, there is no lien outstanding against the vehicle, if that is true; otherwise a full statement covering any security interest in the vehicle.

401.8 If the application is submitted by the holder of a lien under any security interest who has possession of the vehicle, the application shall be accompanied by any outstanding certificate and the vehicle registration plates removed from the vehicle (or a statement explaining the absence of the certificate and plates satisfactory to the Director), and a duly authenticated copy of the instrument which created the interest(s).

401.9 If the application is submitted by a purchaser from a lien holder at a sale of a vehicle by the lien holder, the application shall be accompanied by a duly authenticated bill of sale from the person authorized to make the sale and the registration plates removed from the vehicle (or a statement explaining the absence of the plates satisfactory to the Director).

401.10 If the application is submitted by a surviving joint owner or owners, the application shall be accompanied by any outstanding certificate (or a statement explaining its absence to the satisfaction of the Director) and by a duly authenticated death certificate referring to the deceased joint owner or owners.

401.11 If the application indicates that the applicant does not desire to register the vehicle, the application shall contain the number of the current District of Columbia inspection sticker or any further reasonable proof of identification of the vehicle that may be required by the Director.

401.12 Except when a District of Columbia title accompanies the application, each application must be accompanied by a certificate of a person authorized by the Director stating that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle which the Director may reasonably require.

401.13 If the identification number of any vehicle is defaced or missing, the owner of the vehicle shall make application to the Director for a DMV number. The Director shall issue a plate or plates bearing a DMV number which shall be affixed to the vehicle in the manner prescribed by him or her. That number shall thereafter be the lawful identification number of the vehicle. The affixation of the plate or plates shall be verified by the Director prior to the issuance of any certificate of title for the vehicle.

401.14 Motor numbers shall not be used as a means of identification on certificates. In place of motor numbers, the Vehicle Identification Number or, if none, the serial number, of the vehicle will be used in all title applications and on the face of titles, as well as on other documents issued or kept for record purposes.

401.15 In the event an application for title involves a vehicle for which District certificate is outstanding, no verification by a inspection station shall be required if the application is accompanied by the sticker number of an official inspection sticker affixed to the windshield, a legible tracing of the serial number, and the certificate number.

401.16 In determining the fair market value of a vehicle for the purposes of calculating the amount of tax due under § 6(j) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-2201.03(j)), the Director shall use the then-current National Automobile Dealers Association (NADA) Guide or its successor. If the NADA guide or its successor does not provide the fair market value for a particular vehicle, the applicable bill of sale shall be used.

401.17 An application for a title, other than a duplicate title, shall not be accepted unless all of the new owner’s outstanding fines, fees, and penalties imposed pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.) have been satisfied.

401.18 If the application is submitted by a purchaser of a vehicle sold by a trustee in bankruptcy, the application shall be accompanied by a duly authenticated bill of sale from the trustee in bankruptcy and a certificate of title signed by the current owner or assigned by the trustee in bankruptcy in accordance with § 406.11.

401.19

(a) Except as set forth in D.C. Official Code § 50-2201.03(j)(1A)(G), the excise tax rate on motor vehicles shall be as follows based on vehicle weight class and miles per gallon (“mpg”) city driving, rounded down to the nearest whole number:

Weight 20 mpg 21 mpg- 26 mpg- 31 mpg- 40 mpg

Class or less 25 mpg 30 mpg 39 mpg or more

3,499 lbs 8.1% 4.4% 3.1% 2.2% 1.0%

or less

3,500 lbs- 9.1% 5.4% 4.1% 3.2% 2.0%

4,999 lbs

5,000 lbs 10.1% 6.4% 5.1% 4.2% 3.0%

or more

(b) Motor vehicles that do not have a separate and distinct mpg for city driving shall be charged the excise fee as set forth in D.C. Official Code § 50-2201.03(j)(1).

401.20 The excise tax on a motor vehicle owned by an individual who demonstrates 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 to be levied, shall be the lesser of:

(a) The amount calculated under Subsection 401.19; and

(b) The amount calculated under D.C. Official Code § 50-2201.03(j)(1).

History

SOURCE: Final Rulemaking published at 52 DCR 930 (February 4, 2005); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 54 DCR 1575 (February 16, 2007); as amended by the Department of Motor Vehicles Reciprocity Amendment Act of 2012, effective March 19, 2013 (D.C. Law 19-244; 59 DCR 14942 (December 21, 2012); as amended by Final Rulemaking published at 68 DCR 1404 (January 29, 2021); as amended by Final Rulemaking published at 71 DCR 006393 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 401

18 DCMR § 402 TRANSFER OF CERTIFICATES OF TITLE

402.1 If an owner transfers interest in a vehicle, other than by the creation of a security interest, he shall, within four (4) business days after the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided on the certificate or as the Director prescribes, and cause the certificate and assignment to be delivered to the transferee. If no certificate is outstanding, the transferor shall deliver the proof of ownership prescribed in § 401.

402.2

(a) An application for title by any person acquiring a vehicle which is titled in the name of a deceased person shall be accompanied by an assignment of ownership executed by the decedent's personal representative and an authenticated copy of the letters testamentary or administration issued to the representative by an appropriate court. If the vehicle is the subject of a small estate order and is a scheduled asset in the order, the person in whose name the probate court vests title in the vehicle may make the assignment. An authenticated copy of the small estate order shall accompany the application for a new certificate.

(b) If the deceased has assigned a beneficiary or beneficiaries, as indicated in the Department’s database to a vehicle titled in the District, then the surviving beneficiary or beneficiaries may transfer the vehicle to themselves without having to file a probate action. The deceased’s assignment, as indicated in the Department’s database shall supersede any other document executed by the decedent reflecting a different beneficiary or beneficiaries, including, but not limited to, a will or trust. The interest of the surviving beneficiary or beneficiaries shall remain subject to the rights of all lien holders and to any contract of sale, lease, assignment, or security interest to which the owner was subject during his or her lifetime.

402.3 In the case of deceased person who was a national of a foreign country whose certificate was issued free because of diplomatic status, an application for a new title shall be accompanied by a letter from the Embassy or Mission to which the deceased person was attached, stating that the transfer of ownership is desired. The letter shall be signed by the Ambassador or one of the First Secretaries, or, in the absence of both, the Charge D’Affaires.

402.4 If a dealer transfers a new vehicle to any person, that dealer shall, within four (4) business days after the transfer, deliver to the transferee a certificate of manufacture, except that in the case of a transferee who is a duly accredited representative of a foreign government, the certificate need not be delivered within the four (4) day period but shall be delivered as soon after delivery of the vehicle as possible.

402.5 For purposes of § 402.4, the term “dealer” means a new car dealer registered in accordance with this title, banks, finance companies, and other persons holding a certificate of manufacture with the right to assign that certificate.

402.6 If a dealer acquires a vehicle, holds it for resale, and procures the certificate from the owner or the lien holder, that dealer need not apply for a new certificate but, upon transferring the vehicle to another person (other than by the creation of a security interest), shall do the following:

(a) Promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee(s) and any lien holder holding a security interest created or reserved at the time of the resale and the date of his or her security agreement in the spaces provided on the certificate, or as the Director prescribes; and

(b) Deliver the certificate to the Director with the transferee’s application for a new certificate.

402.7 If a dealer acquires a vehicle and no certificate or certificate of title is procured by the dealer, that dealer shall, within five (5) business days after acquisition of the vehicle, make application on a form provided by the Director accompanied by such proof of ownership as the Director may reasonably require and the fee prescribed for a dealer’s proof of ownership. Upon disposition of the vehicle, the dealer shall assign to the transferee the dealer’s proof of ownership.

402.8 Only new car dealers, used car dealers, and their salespersons registered in accordance with this title may reassign any certificate, certificate of title, dealer’s proof of ownership, or other vehicle ownership documents. A dealer registered as a dealer in motor vehicle equipment or services under this title shall not be so authorized.

402.9 Effective September 21, 2004, if all reassignment spaces on the back of a certificate of title are filled in, a dealer may apply to the Director for a Dealer’s proof of ownership.

History

SOURCE: Final Rulemaking published at 51 DCR 11341 (December 10, 2004); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008); as amended by Final Rulemaking published at 66 DCR 12746 (September 27, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 402

18 DCMR § 403 EFFECT AND CONTENT OF CERTIFICATES OF TITLE

403.1 A certificate shall be valid for the life of the vehicle, as long as the legal title is held by the owner or by the person to whom it is assigned.

403.2 Only one (1) valid certificate shall be outstanding for any vehicle at any time.

403.3 The certificate shall be mailed or delivered to the first lien holder named in the certificate or, if none, to the owner.

403.4 Each certificate issued by the Director shall contain the following:

(a) A description, as determined by the Director, of the vehicle and one or more of the following: Lien,” “Livery,” “new,” “taxi,” “re-titled,” “used,” “x commercial,” “x livery,” “x sightseeing,” or “x taxi,” the full name and residence address of the owner as shown on the application, and the date of issue of the certificate. This information shall be on the face of the certificate and shall all be over the signature and seal of the Director;

(b) The names and addresses of any lien holders in the order of priority shown on the application; or, if the application is based on a certificate or certificates of title, as shown on the certificate(s); and

(c) Forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer. The certificate may contain forms for application for a certificate by a transferee.

403.5 In addition, a certificate issued by the Director may contain a title brand, which is a permanent designation on a title that indicates that the vehicle may have a history of damage, road worthiness or other information that may impact the value of the vehicle.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR § 3.205, Special Edition; as amended by Final Rulemaking published at 65 DCR 13373 (December 7, 2018). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 403

18 DCMR § 404 NON-NEGOTIABLE CERTIFICATES OF TITLE; SUPPLEMENTARY CERTIFICATES OF TITLE FOR LIENS

404.1 If the Director is not satisfied as to the ownership of a vehicle or that there are no undisclosed security interests in it, the Director may issue a non-negotiable certificate of title.

404.2 A non-negotiable certificate shall contain a description of the vehicle and other pertinent identifying information required by the Director and shall conform as nearly as possible to the requirements of § 403, except that the certificate form shall not contain any provision for assignment and warranty of title by the owner or any other person, and the word “NONTRANSFERABLE” shall be inscribed clearly and in large type across the face of the instrument.

404.3 Upon receipt of proof of ownership satisfactory to the Director that the owner of the vehicle is entitled to a regular certificate, and upon surrender of the non-negotiable certificate, the Director may issue a certificate to the owner.

404.4 Whenever an owner of a vehicle for which a certificate is outstanding gives a lien upon the vehicle and delivers the certificate to the Recorder for the purpose of placing that lien on the certificate, and the Recorder determines that the certificate does not provide sufficient space for the Recorder to place upon its face any or all of the liens against the vehicle, the Recorder shall deliver the certificate to the Director who shall issue a supplementary certificate without fee to the Recorder.

History

SOURCE: Final Rulemaking published at 52 DCR 5754 (June 17, 2005).

18 DCMR § 405 SALVAGE TITLE AND NON-REPAIRABLE VEHICLE CERTIFICATE

405.1 For the purposes of determining whether a vehicle is a Salvage Vehicle under § 101 of the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307); the Director shall use the then current National Automobile Dealers Association (NADA) Guide for the Eastern Region; except that an insurance company may use any fair market value guide regularly used by the insurance company.

History

SOURCE: Final Rulemaking published at 52 DCR 5754 (June 17, 2005).

18 DCMR § 406 DUPLICATE CERTIFICATES OF TITLES

406.1 The Director is authorized to issue a duplicate certificate of title if:

(a) A certificate is lost, stolen, destroyed, or illegally detained from the owner;

(b) The face or back of a certificate has been altered, erased, or mutilated by a person other than the Director;

(d) A vehicle is subject to a bankruptcy proceeding and the trustee in bankruptcy requires a duplicate certificate to sell the asset; provided the prerequisites of §§ 406.9 through 406.11 are met.

406.2 The application shall contain reasons for requiring a duplicate certificate and lien information, if any.

406.3 If the application is not accompanied by the certificate and there are recorded liens against the vehicle described on the certificate, the application must contain an executed statement from the lien holders or other evidence satisfactory to the Director that the lien holders do not hold the certificate.

406.4 An application which contains information relating to a lien or liens which has(have) not been recorded or released by the Recorder shall be accompanied by the instrument(s) or any other papers necessary to entitle the lien(s) to be entered or released on the duplicate certificate.

406.5 If, at the time of executing the application, an owner disposes of the vehicle described in the application, the owner may execute an assignment of the duplicate certificate for which he or she has just made application.

406.6 The assignment shall be on a form attached to the application for the duplicate certificate and that form shall also provide for reassignment of the duplicate certificate by a new or used car dealer and for application for a new certificate by the owner who acquires the vehicle. The assignment (or the assignment and reassignment) is of no value unless and until the application is executed by acquirer and delivered to the Director. In such instances, the Director shall attach the form to the duplicate certificate issued by the Department.

406.7 Assignments and reassignments of duplicate certificates shall be considered to be an assignment or reassignment of a certificate as required by this chapter.

406.8 An application for a duplicate certificate of title shall be accepted regardless of the status of any outstanding fines, fees and penalties imposed pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.).

406.9 In order to apply for a duplicate certificate of title, a trustee in bankruptcy must provide a court order identifying the owner of the vehicle as the subject of a bankruptcy proceeding and naming the trustee in bankruptcy.

406.10 The Director shall not issue a duplicate certificate of title to a trustee in bankruptcy if there are any recorded liens on the vehicle.

406.11 In order to assign a duplicate certificate of title, the trustee in bankruptcy shall sign the back of the certificate adding the word “Trustee” after the signature, and provide the purchaser with a copy of the court order described in § 406.9.

History

SOURCE: Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 54 DCR 1575 (February 16, 2007).

18 DCMR § 407 ISSUANCE OF CERTIFICATES OF TITLE FOR PRORATED INTERSTATE BUSES

407.1 When the Director is satisfied that an applicant for a certificate is entitled to registration as a prorated interstate bus, and the applicant either does not designate the District as a base state for purposes of registration, or designates the District as a base state for purposes of registration but requests no identification tags, a certificate shall be prepared in the form prescribed by the Director.

407.2 The certificate may incorporate by reference a list of vehicles to be covered by that certificate. The list shall contain a description of each vehicle.

407.3 The certificate shall be retained by the Director for record purposes and shall not be issued to any person.

407.4 If an applicant designates the District as the base state and requests identification tags for the vehicle, the application shall be processed pursuant to the provisions of §§ 400 and 403.

18 DCMR § 408 OFFICIALLY ALTERED CERTIFICATES OF TITLE

408.1 Upon the delivery to the Director of a certificate which contains an error which, in the judgment of the Director, does not necessitate the issuance of another certificate, the Director shall make the necessary correction and place the words “officially altered,” the date, and his or her signature on the certificate, and deliver it to the person entitled thereto or his or her agent.

408.2 Official alterations of certificates by the Department shall be limited to correction of the spelling of owner’s name, correction in address of owner, correction of the spelling of the make of vehicle, and corrections in the model or year of the vehicle.

408.3 A person who is the owner of a vehicle for which a certificate is outstanding and who changes his or her name by marriage, shall, within thirty (30) days after the marriage, deliver to the Director the certificate accompanied by an executed statement the form provided and containing the information required by the Director.

408.4 A person, who is an owner of a vehicle for which a certificate is outstanding, and who changes his or her name other than by marriage shall, within five (5) business days after the change in name, deliver to the Director the certificate accompanied by an executed statement on the form provided and containing the information required by the Director.

408.5 The Director, when satisfied that an owner is entitled to a change in the name appearing on a certificate of title, shall make the change and place the words “OFFICIALLY ALTERED,” the date, and the Director’s signature on the certificate, and deliver it to the person entitled to the altered certificate or the person’s agent.

18 DCMR § 409 INCORRECTLY DRAWN CERTIFICATES OF TITLE

409.1 Whenever a certificate is incorrectly drawn by the Director, due to an error on the part of a person other than the Director, the owner shall, within five (5) business days after the error is discovered, return the certificate to the Director with a written statement explaining how the error occurred, containing correct information, and accompanied by the proper fee for a new certificate.

409.2 Whenever a certificate is incorrectly drawn due to an error on the part of the Director, the owner shall, within five (5) business days after the error is discovered by him or her, return the certificate to the Director accompanied by a written statement noting the error.

409.3 The Director, when satisfied with the statement filed pursuant to § 409.2, shall issue a new certificate without fee, and deliver it to the person entitled to the redrawn certificate or that person’s agent.

18 DCMR § 410 REFUSAL TO ISSUE OR ALTER CERTIFICATES OF TITLE AND SUSPENSION OR REVOCATION OF CERTIFICATES OF TITLE

410.1 If the Director determines that an applicant for a certificate of title is not entitled to the certificate, or that a person who requests that a certificate be officially altered is not entitled to that alteration, the Director shall refuse to issue the certificate or make the alteration.

410.2 The Director may, after notice and hearing, suspend or revoke a certificate issued erroneously, issued as the result of fraud or misrepresentation, or for which the prescribed fee was not paid.

410.3 Any order of refusal, suspension, or revocation shall set forth the proposed action and the grounds thereof in sufficient detail to allow the person adversely affected by the order to understand fully the nature of the order and the reasons for issuance.

410.4 Any person whose certificate has been refused, suspended, or revoked by the Director may petition for a hearing subject to the provisions of chapter 10.

History

SOURCE: Final Rulemaking published at 52 DCR 5754 (June 17, 2005).

18 DCMR § 411 REGISTRATION OF MOTOR VEHICLES: GENERAL PROVISIONS

411.1 Except as otherwise provided in this title and § 8 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (“Act”) (43 Stat. 1123; D.C. Official Code § 50- 1401.02), no person shall drive or tow, nor shall an owner knowingly permit to be driven or towed, upon any highway of the District of Columbia, any vehicle of a type required to be registered which is not registered; except that a towing vehicle may move an unregistered vehicle over the highways when the front or rear wheels of the towed vehicle are lifted from the highways and remain so lifted during the entire movement.

411.2 Any person described in § 8(a) (D.C. Official Code § 50-1401.02(a)) of the Act, or who is displaying a valid District of Columbia reciprocity sticker as provided for in § 411.3 and is in compliance with the laws authorizing the issuance of that sticker, is exempt from the District’s license and registration requirements.

411.3 The Director shall issue reciprocity stickers, upon application, as follows:

(a) As required by § 8 (D.C. Official Code § 50-1401.02) of the Act;

(b) To any non-resident service member in accordance with section 571 of title 50 of the United States Code; and

(c) To any foreign mission, its members, or dependents of its members issued a title and registration by the U.S. Department of State.

411.4 Reciprocity stickers issued pursuant to §§ 411.3(b) or (c) shall be issued for the same duration set forth in § 8(d) (D.C. Official Code § 50-1401.02(d)) of the Act.

411.5 No reciprocity sticker issued for a period of one hundred and eighty (180) days shall be issued to the same person within one (1) year from the expiration date of the previous reciprocity sticker.

411.6 The fee for a one hundred and eighty (180) day reciprocity sticker is two hundred and fifty dollars ($ 250).

411.7 REPEALED

411.8 REPEALED

411.9 The Director shall refuse to issue or renew a reciprocity sticker under any one (1) of the following conditions:

(a) The owner or operator of the motor vehicle has failed to furnish the insurance information required pursuant to § 411.10;

(b) The insurance company listed on the application forms has not complied with 26 DCMR § 503;

(d) The certificate of self-insurance listed on the application form is invalid.

411.10 The application for a reciprocity sticker shall contain space for the applicant to furnish the following information:

(a) The name of the insurance company that will provide the applicant with a motor vehicle insurance policy;

(b) The insurance policy number or binder number;

(d) Any other information that the Director may require.

411.11 The Director shall suspend or revoke a person’s registration or reciprocity sticker for any one of the following reasons:

(a) The person has been convicted of a violation of the No-Fault Insurance Act;

(b) The person has falsely certified to the Director that the motor vehicle is insured pursuant to the No-Fault Insurance Act.

(d) The person possesses a current registration certificate or reciprocity sticker without possessing the motor vehicle insurance required pursuant to the No-Fault Insurance Act; or

(e) The person has provided the Director with false or inaccurate information as requested by the Director pursuant to § 411.10 or § 413.12.

(f) The person has been convicted of driving under the influence of liquor or drugs in violation of section 10(b) of the District of Columbia Traffic Act, 1925 who has previously been convicted of violating a provision of that section. The Director may establish conditions for an exception to revocation under this subsection, to be granted on an individual basis, to avoid undue hardship to any individual who is completely dependent on the motor vehicle for the necessities of life, including any family member of the convicted individual, and any co-owner of the motor vehicle, but not including the offender.

(g) The person has falsified any certification required pursuant to § 5 of the Clean Hands Act (D.C. Code § 47-2864).

411.12 At the discretion of the Director, the suspension period shall not exceed ninety (90) days and the revocation period shall be for a period not less than six (6) months and the revocation ordered pursuant to subsection 411.11(g) shall be in effect until the person provides proof that the excess outstanding debt has been satisfied.

411.13 At the end of a period of suspension or revocation the registration certificate or reciprocity sticker shall be reissued and restored to the person suspended or revoked when the following conditions are satisfied:

(a) The person applies for the registration or the reciprocity sticker to be reissued or restored;

(b) The person has obtained a valid and current motor vehicle insurance policy, and provided proof satisfactory thereof to the Director; and

(c) The person has paid the reinstatement fee; Provided, that the person shall not avoid paying the reinstatement fee of one hundred dollars ($100) by applying for registration when the reciprocity sticker has been suspended or revoked or when the period of suspension or revocation has expired.

History

SOURCE: Final Rulemaking published at 48 DCR 7314 (Aug 10, 2001); as amended by Final Rulemaking published at 49 DCR 11562 (December 20, 2002); as amended by Final Rulemaking published at 50 DCR 7177 (August 29, 2003); as amended by Final Rulemaking published at 53 DCR 3246 (Apr 21, 2006); as amended by the Fiscal Year 2026 Budget Support Act of 2025, effective December 6, 2025 (D.C. Law 26-55; 72 DCR 009825 (September 12, 2025). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 411

18 DCMR § 412 REFUSAL OF REGISTRATION

412.1 The Director shall refuse registration and shall withhold issuance of any application for re-registration on any of the following grounds:

(a) If the application contains any false or fraudulent statement or if the applicant has failed to furnish required information or reasonable additional information requested by the Director or if the applicant is not entitled to the issuance of certificate or registration of the vehicle under this chapter;

(b) If the vehicle has not been inspected as required, is unsafe or improperly equipped, or is mechanically unfit to be operated upon the highways;

(c) If the required fee has not been paid or if a check given in payment of any fee required by this chapter has been dishonored;

(d) If the registrant has failed to respond to any warrant issued by request of any police authority in the District as a result of any traffic or motor vehicle parking violation;

(e) If the registrant has failed to pay a civil fine imposed pursuant to the District of Columbia Traffic Adjudication Act, except as provided by § 3007.5 or as otherwise provided by law.

(f) If the registrant has failed to furnish the insurance information required pursuant to § 413.12;

(g) If the insurance company listed by the registrant is not licensed by the District of Columbia Department of Insurance;

(h) If the insurance policy number or binder number listed by the registrant is not in the form or manner utilized by the listed insurance company;

(i) If the certificate of self-insurance listed by the registrant is invalid;

(j) If the registrant has not complied with the provisions of Section 619 of this title.

(k) Grounds established by the Clean Hands Act (D.C. Official Code §§ 47-2861 et seq.).

(l) If a person holds an out-of-state operator’s permit and fails to surrender that permit to the Department unless that person is a member, or a spouse of a member of the Judicial branch of the Federal government.

(m) If a person is not domiciled in the District of Columbia, unless the owner is exempted from the domicile requirement under Section 2(c)(5) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(c)(5)).

(n) Has been issued a Salvage Title or Junk Vehicle Certificate.

(o) If the person is required to pay the heavy use vehicle tax, as described in Section 4481 of the Internal Revenue Code of 1954, added June 29, 1956 (70 Stat. 390, 26 U.S.C. § 4481), and does not submit proof of payment as required by Section 141(c) of the Federal Aid Highway Amendments of 1974, added January 4, 1975 (Pub. L. 93-643; 23 U.S.C. 141).

History

SOURCE: Final Rulemaking published at 44 DCR 5967 (October 17, 1997); as amended by Final Rulemaking published at 48 DCR 7314 (August 10, 2001); as amended by Final Rulemaking published at 49 DCR 10317 (November 15, 2002); as amended by Final Rulemaking published at 50 DCR 4402 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5987 (July 25, 2003); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005)); as amended by Final Rulemaking published at 53 DCR 847 (February 10, 2006); as amended by Final Rulemaking published at 54 DCR 1575 (February 16, 2007); as amended by the Non-Resident Taxi Drivers Registration Amendment Act of 2007, effective March 26, 2008 (D.C. Law 17-0130; 55 DCR 1655 (February 22, 2008); as amended by Final Rulemaking published at 56 DCR 2726 (April 10, 2009); as amended by the Department of Motor Vehicles Reform Amendment Act of 2016, effective February 18, 2017 (D.C. Law 21-0192; 63 DCR 15007 (December 9, 2016)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 412

18 DCMR § 413 APPLICATION FOR REGISTRATION

413.1 [REPEALED].

413.2 [REPEALED].

413.3 Each application shall contain the information that appears on the certificate that is outstanding for the vehicle, including the current residence address of the applicant and any other information as the Director may determine. The Director shall deliver the application to the owner whose name appears on it or to the owner’s agent.

413.4 The Director shall not prepare an application for registration for a vehicle unless and until the owner of the vehicle has secured a certificate of title for the vehicle.

413.5 When satisfied that the owner named in the application is entitled to registration of the vehicle described in the application, and upon receipt of all fees prescribed in this chapter (including a delivery charge to be determined by the Director in the event the owner desires identification tags or special bus identification forwarded to him or her), the Director shall issue to the owner a registration card and two (2) owner’s identification tags, and may also issue a temporary registration card that an owner who has renewed registration online may access and print from the Department’s website.

413.6 Only one (1) identification tag shall be issued for an autocycle, motor-driven cycle, motorcycle, or trailer.

413.7 Identification tags shall be of the size, color, design, and material prescribed by the Director.

413.8 Identification tags are to be used solely for the operation of the vehicle described on the registration card.

413.9 The Director, when satisfied that the owner named in the application is entitled to registration of a prorated interstate bus and does not request identification tags, shall issue to such owner a registration card and in place of identification tags a special bus identification sticker. Each sticker shall be used solely for the operation of the bus described on the registration card which accompanied the sticker at the time of issuance.

413.10 Any application for a vehicle to be used as a taxicab, bus, for livery, for sightseeing purposes, or as a hearse shall be presented to an inspection station, accompanied by the vehicle. If the inspection station approves the vehicle for such use, the approval shall be placed on the application by the inspection station.

413.11 Each application for registration of the following types of vehicles shall be accompanied by a certificate of inspection and approval from an inspection station: motor cranes, commercial vehicles, trailers and semi-trailers, motorcycles, and all vehicles sold at public auction.

413.12 The application for registration shall contain space for the applicant to furnish the following information:

(a) The name of the insurance company that has provided the applicant with a motor vehicle insurance policy;

(b) The insurance policy number or binder number;

(d) The applicant’s social security number; and

(e) Any other information that the Director may require.

413.13 Motor Vehicles, other than buses, displaying irremovable commercial advertisement or insignia may be considered commercial vehicles by the Director for registration purposes.

History

SOURCE: Final Rulemaking published at 52 DCR 2067 (March 4, 2005); as amended by Final Rulemaking published at 53 DCR 847 (February 10, 2006); as amended by Final Rulemaking published at 55 DCR 339 (January 11, 2008); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 413

18 DCMR § 414 CHANGE OF ADDRESS OF REGISTRANT

414.1 If a registrant changes his or her address, that registrant shall, not more than sixty (60) days after relocating to the new address, surrender the old registration card to the Director and apply for an updated registration card.

414.2 Upon receipt of the notice, the Director shall place the new address upon the Department records.

414.3 The fee for a change of address, name, or other correction to license or registration information in the Department's records shall be $7, which may be increased by the Mayor to cover administrative costs. This fee shall cover the issuance of an updated license or permit and up to ten (10) updated vehicle registration certificates. The fee for each additional set of up to ten (10) certificates shall be $7.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972; 32 DCRR § 3.303, Special Edition; as amended by Final Rulemaking published at 53 DCR 847 (February 10, 2006); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903 (February 2, 2007)); as amended by Final Rulemaking published at 61 DCR 12615 (December 12, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 414

18 DCMR § 415 SURRENDER OF OWNER’S IDENTIFICATION TAGS AND REGISTRATION CARD

415.1 A registrant who loses or disposes of his or her ownership of a vehicle for which valid registration is outstanding shall remove, or cause to be removed, the owner’s identification tags from the vehicle.

415.2 Any person who acquires ownership of a vehicle on which are displayed identification tags issued to another person by the District or any other jurisdiction, shall remove the tags and deliver them, with the registration card (if it is in the vehicle at the time of acquisition) to the owner of the tags or the Director, not later than the next business day following acquisition. If the tags are returned to the owner and he or she is a registrant, he or she shall comply with the provisions of § 415.3 of this section.

415.3 Unless the registrant shall within five (5) business days (which time may be extended by the Director for cause shown) after the loss or disposal of ownership, acquire another vehicle, he or his agent shall, within that time, deliver to the Director the owner’s identification tags accompanied by the registration card.

415.4 Upon receiving the registration card and identification tags, the Director shall issue, upon demand, a receipt thereof and cancel the registration and tags. Those tags shall not be issued to any other person during the then current registration period and may be mutilated or disposed of by the Director.

415.5 The registrant and the holder of a reciprocity sticker shall immediately return to the Director the identification tags and registration certificate, or the reciprocity sticker when any one of the following conditions are satisfied:

(a) The registrant or the individual no longer possesses a valid motor vehicle insurance policy or a valid certificate of self-insurance required pursuant to the No-Fault Insurance Act;

(b) The motor vehicle is no longer insured pursuant to the No-Fault Insurance Act;

(c) The registrant’s registration or the individual’s reciprocity privileges have been revoked or suspended pursuant to this title;

(d) The identification tags, registration certificate, or reciprocity sticker was issued in error, following written notice by the Department.

History

SOURCE: Final Rulemaking published at 51 DCR 8108 (Aug 20, 2004).

18 DCMR § 416 TRANSFER OF REGISTRATION TO ANOTHER VEHICLE

416.1 A registrant who acquires a vehicle and desires the transfer of identification tags from a vehicle currently registered in his or her name to the newly-acquired vehicle shall, within five (5) business days after the acquirement, request the Director to prepare an application to transfer the valid registration and owner’s identification tags to the newly-acquired vehicle.

416.2 The request shall be accompanied by the following:

(a) An executed application for a certificate of title for the newly-acquired vehicle;

(b) All required fees (for the certificate; excise tax, if any; fee for transfer of registration; and fee for mechanical inspection, if any, for the newly-acquired vehicle); and

416.3 Upon receipt of the request, accompanied by the items listed in § 416.2, the Director shall prepare an application for the transfer containing the information which appears on the certificate for the newly-acquired vehicle and other information that the Director may desire, including the number of the owner’s identification tags, and deliver it to the owner whose name appears on the request or the owner’s agent.

416.4 The acquired vehicle shall not be operated with the owner’s identification tags assigned for use on the earlier-acquired vehicle, unless and until a transfer of registration has been issued by the Director.

416.5 When a vehicle is acquired from a new car dealer or used car dealer and the required items are delivered to the dealer for delivery to the Director, the acquired vehicle may be operated on the owner’s identification tags of the earlier-acquired vehicle for a period not to exceed forty-five (45) days, unless extended by the Director.

416.6 In addition to the requirements of §§ 416.4 and 416.5, the acquired vehicle shall also conform to the Motor Vehicle Safety Inspection Standards and a temporary registration card shall been issued to the registrant by the dealer, as provided in § 505, and accompany the vehicle while being operated.

416.7 The dealer shall deliver to the Director all papers and fees required by §§ 416.1 and 416.2 within five (5) business days after issuance of the temporary registration card.

416.8 If one or more of the joint registrants of a vehicle for which a valid registration is outstanding acquires the interest or interests of one or more of the other joint owners by death, the surviving joint registrant(s) shall, within five (5) business days after acquiring the interest, request the Director to prepare an application to transfer the registration.

416.9 The request for transfer of interest shall be accompanied by the following:

(a) An executed application for a certificate of title;

(b) Fees for the certificate of title and transfer; and

416.10 Upon receipt by the Director of a request for transfer of interest, accompanied by the required items, the Director shall prepare an application for the transfer containing the information which appears on the certificate issued to the owner who has acquired the interest, and deliver it to the owner or the agent of the owner.

416.11 When satisfied that the registrant named in the application is entitled to transfer registration to the vehicle described in the application, the Director shall mark the records of the Department accordingly and issue to the owner a registration card marked “TRANSFER” and deliver the card to the registrant or his or her agent.

416.12 Identification tags issued in connection with the registration of a motor vehicle or trailer may not be transferred to another owner or owners, except under the following circumstances.

(a) For tags bearing the identification numbered “1,” “2,” and “3,” assigned respectively to the Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, and the City Administrator;

(b) For tags bearing the identification “Chairman, City Council,” “Council Member, At-Large A” through “Council Member, At-Large D,” inclusive; “Council Member Ward 1” through “Council Member, Ward 8,” inclusive, assigned to members of the Council of the District of Columbia;

(c) For tags bearing the identification “Member U.S. Congress 1,” issued to the District of Columbia’s Delegate to the United States Congress; and

(d) For tags assigned to members of the State Board of Education, bearing either the identification “Board of Education, At-Large” or “Board of Education, Ward 1” through “Board of Education, Ward 8,” inclusive, or any other designation chosen by the Mayor to demonstrate membership in the State Board of Education.

History

SOURCE: Final Rulemaking published at 52 DCR 930 (February 4, 2005); as amended by Final Rulemaking at 52 DCR 5754 (June 17, 2005); as amended by the State Board of Education License Plate Amendment Act of 2010, effective March 23, 2010 (D.C. Law 18-126), published at 57 DCR 1181 (February 5, 2010).

18 DCMR § 417 LOST, STOLEN, OR MUTILATED IDENTIFICATION TAGS

417.1 If identification tags issued by the Director for use on a vehicle are lost or stolen, the person suffering the loss or theft shall report that fact to a Metropolitan Police Department precinct within twenty-four (24) hours after discovery of the loss or theft.

417.2 If the person desires to replace lost or stolen identification tags, he or she shall, within five (5) business days after discovery of the loss, surrender any remaining identification tag and the registration card and make application to the Director for a new registration card and new identification tags.

417.3 The application shall be accompanied by the registration card for the lost or stolen tags or a statement explaining the loss.

417.4 If the applicant’s tags were stolen, the application shall also be accompanied by a statement over the signature of a duly authorized member of the Metropolitan Police Department Auto Theft Section that a report of the theft has been received by the Auto Theft Section.

417.5 If the applicant’s tags were lost, the application shall be accompanied by a written statement filed with the Director explaining the circumstances surrounding the loss of the tags.

417.6 If the identification tags issued by the Director for use on a motor vehicle or trailer become mutilated, and the person whose name appeared on the registration card which accompanied the tags at the time of issue desires new tags, he or she shall, within five (5) business days after the tags become mutilated, make application to the Director for a new registration card and new identification tags.

417.7 The application shall contain the facts relating to the mutilation and other information required by the Director. The application shall be accompanied by the registration card for the mutilated tags or a written statement explaining its absence), and the mutilated tags. The Director, upon demand, will issue a receipt for the mutilated tags.

History

SOURCE: Final Rulemaking published at 51 DCR 5029 (May 14, 2004).

18 DCMR § 418 DUPLICATE REGISTRATION CARD

418.1 If a registration card for valid identification tags is lost, stolen, destroyed, or mutilated, or if the registrant desires another registration card for any reason satisfactory to the Director, the Director shall prepare a duplicate registration card.

418.2 When satisfied that an applicant for a duplicate registration card is entitled to it, the Director shall issue the duplicate card and deliver it to the registrant or the registrant’s agent.

418.3 The face of the duplicate registration card shall contain the same information and identification tag number that appeared on the original registration card.

18 DCMR § 419 OFFICIALLY ALTERED REGISTRATION CARD

419.1 Upon delivery to the Director of a registration card which contains an error which, in the judgment of the Director, does not necessitate the issuance of another card, the Director shall make the necessary correction and place the words “OFFICIALLY ALTERED,” the date, and the Director’s signature on the card and deliver it to the registrant or the registrant’s agent.

419.2 A registrant who changes his or her name by marriage shall, within thirty (30) days after the marriage, deliver to the Director his or her registration card accompanied by a written statement on a form provided by the Director and containing the information required by the Director.

419.3 A registrant who changes his or her name other than by marriage, shall within five (5) business days after the change, deliver to the Director, his or her registration card accompanied by a written statement on a form provided by the Director and containing the information required by the Director.

419.4 When satisfied that a registrant is entitled to a change in the name appearing on his or her card, the Director shall make the change and place the words “OFFICIALLY ALTERED,” the date, and the Director’s signature on the card and deliver it to the registrant or the registrant’s agent.

18 DCMR § 420 REGISTRATION CARD INCORRECTLY DRAWN

420.1 Whenever a registration card is incorrectly drawn, the registrant shall, within five (5) business days after such error becomes apparent, return the registration card to the Director.

420.2 The Director, when satisfied such registration card is incorrectly drawn, shall issue a new registration card.

18 DCMR § 421 REGISTRATION CARD TO BE CARRIED AND EXHIBITED ON DEMAND

421.1 Whenever a motor vehicle for which current registration is required is being operated upon any public highway, or trailer for which current registration is required is being moved upon any public highway, and owner’s identification tags are displayed on the motor vehicle or trailer, the registration card for the motor vehicle or trailer shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving or in control of the vehicle, who shall display the registration card, upon demand, to a police officer or the Director.

421.2 The requirements of this section shall not apply when the card is used for the purpose of making application for renewal of registration or upon a transfer of registration of the vehicle.

18 DCMR § 422 DISPLAY OF IDENTIFICATION TAGS

422.1 Whenever a motor vehicle or trailer for which District of Columbia registration is required is being operated or left standing upon any public highway, such vehicle shall display two (2) current identification tags, with one (1) on the front and the other on the rear; except as follows:

(a) Motor vehicles need only display a special use identification tag on the rear of the vehicle; and

(b) Motor vehicles may display a souvenir presidential inauguration tag on the front of the vehicle not more than sixty (60) days before and not more than sixty (60) days after inauguration day; provided, that a current identification tag is displayed on the rear.

422.2 Autocycles, motor-driven cycles, motorcycles, trailers, and vehicles identified by a dealer’s tag or manufacturer’s tag shall display only one (1) valid identification tag on the rear of the vehicle.

422.3 A vehicle owned by a non-resident and currently registered in another jurisdiction shall display the proper identification tag or tags issued for the vehicle in accordance with the requirements of the issuing jurisdiction; provided, that the tags are displayed in accordance with §§ 422.4, 422.5, 422.6, and 422.8.

422.4 Owner’s identification tags shall at all times be securely fastened in a horizontal position to the vehicle for which they are issued so as to prevent the tags from swinging and at a height of not less than twelve inches (12 in.) from the ground, measuring from the bottom of the tags, in a place and position to be clearly visible.

422.5 Identification tags shall be maintained free from foreign materials and in a clearly legible condition. For the purposes of this subsection, foreign materials shall include any non- transparent materials placed on or over the tag(s); any expired or any unauthorized decals or stickers; or any markings or attachments of any kind, except as permitted by § 422.6.

422.6 No sign or emblem more than twenty-four square inches (24 in.2) in area shall be attached to any license tag bracket nor shall any sign or emblem be so located as to obstruct from view any part of the identification tags.

422.7 Validation stickers issued by the Director that indicate the expiration of a motor vehicle’s registration period are required to be displayed as follows:

(a) For vehicles registered prior to April 22, 2002, and all motorized bicycles, motorcycles, and trailers, the stickers shall be affixed to the tags; the month sticker placed at the lower left corner and the year sticker placed at the lower right corner; and

(b) For vehicles not listed in (a), the sticker shall be affixed to the inside of the vehicle’s windshield, on the driver’s side.

422.8 No person shall operate a vehicle where the identification tag’s identifying numbers or letters are covered with glass, plastic, or any other type of material or substance.

422.9 A person operating a vehicle in violation of § 422.8 shall be subject to a fine of five hundred dollars ($ 500).

422.10 Buses owned or leased by the Washington Metropolitan Area Transit Authority or the District of Columbia Public Schools may produce and display a special tag on the rear, in lieu of a tag issued by the District of Columbia; provided, that the size, color, design, and material are approved by the Director.

History

SOURCE: Final Rulemaking published at 49 DCR 11260 (December 13, 2002); as amended by Final Rulemaking published at 51 DCR 8108 (August 20, 2004); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005)); as amended by Final Rulemaking published at 53 DCR 847 (February 10, 2006); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 266, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903, 921 (February 2, 2007)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 422

18 DCMR § 423 PERSONALIZED IDENTIFICATION TAGS

423.1 The Director is authorized to issue a special series of vehicle identification tags to be lettered or numbered, or both, as desired by the applicant; except that numbers 1 through 1,250 and such other combinations of letters and numbers as the Director shall determine shall not be available for purposes of this section.

423.2 Registration of vehicles bearing personalized identification tags shall comply with all laws and rules in effect for the registration of motor vehicles generally.

423.3 Personalized tags shall only be issued for use on registered private passenger vehicles.

423.3a Members of the Council may choose to be issued a standard motor vehicle identification tag or a tag designating the member’s ward of representation or at-large status. If the member opts for a standard tag, the member shall also be issued a placard to be placed on the dashboard of a vehicle indicating that the vehicle is being used by the member for official business.

423.4 Application for personalized tags may be made informally by letter, accompanied by a reservation fee check for twenty-five dollars ($ 25.00) made payable to the order of the D. C. Treasurer.

423.5 Payment of the fee entitles the person in whose name the tags are to be registered to reservation of the numbered or lettered tags of his or her choice, if available at the time of application. If available, the combination applied for shall be reserved for one (1) year from the date of approval of the reservation. The applicant shall be notified promptly that the reservation has been approved.

423.6 The reservation fee of twenty-five dollars ($ 25.00) shall be deposited with the D.C. Treasurer after the applicant’s reservation has been confirmed. If the combination requested is not available, the reservation fee shall be returned to the applicant immediately.

423.7 If the reservation fee has been deposited, no refund shall be made unless there has been an erroneous collection of the fee by the Director.

423.8 Applicants may make any number of reservations desired, and may request reservations for any combination of letters or numbers or both, as desired, not to exceed seven (7) positions on a tag, including spaces between the letters or numbers.

423.9 The reservation may be made, and invalidated sets of tags may be issued, without reference to any specified vehicle; Provided, that the invalidated tags may not be used as owner’s identification tags, displayed on any motor vehicle, or otherwise presented as evidence of the registration of any motor vehicle.

423.10 The reservation shall terminate at the end of the one (1) or two (2) year registration period for which a motor vehicle has not been registered under the reservation; Provided, that prior to the expiration of the registration period, the person in whose name the reservation was made may renew the reservation for another registration period by payment of a new twenty-five dollars ($ 25) reservation fee.

423.11 If a motor vehicle has been registered in connection with a reservation, the Director may issue validated personalized identification tags for that vehicle, and the reservation shall be maintained by the Director so long as the vehicle, or a substitute vehicle, is registered.

423.12 The applicant may, prior to the time the personalized tags are validated, amend the application with respect to the name of the person or organization in whose name the tags have been reserved.

423.13 The Director shall reject any proposed tag content or rescind the issuance of any tag that conveys a message, or displays an image, that is confusing or offensive to the general public.

423.14 For the purposes of § 423.13, the Director shall reject any combination of letters or numbers that:

(a) Is vulgar, derogatory, profane, scatological or obscene, with any connotation, in any language;

(b) Connote, in any language, breast, genitalia, pubic area, or buttocks or relate to sexual or eliminatory functions.

(c) Connote, in any language (i) any illicit drug, narcotic, intoxicant, or related paraphernalia; (ii) the sale, user, or purveyor of such a substance; or (iii) the physiological state produced by such a substance;

(d) Refer, in any language, to a race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation;

(e) Suggest, in any language, a government or governmental agency;

(f) Suggest, in any language, a privilege not given by law in this state; or

(g) Form, in any language, a slang term, abbreviation, phonetic spelling or mirror image of a word described in this subsection.

423.15 When personalized tags have been surrendered pursuant to § 415, or they are no longer authorized for use by the person to whom they were issued, except as provided in §§ 424 and 425, the tag content shall not be available to anyone other than the prior holder for a two (2) year period.

History

SOURCE: Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 8108 (August 20, 2004); as amended by Final Rulemaking published at 52 DCR 930 (February 4, 2005); as amended by the Representation Tags Amendment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; 60 DCR 12472 (September 6, 2013)); as amended by Final Rulemaking published at 64 DCR 3170 (March 31, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 423

18 DCMR § 424 ASSIGNMENT OF PERSONALIZED IDENTIFICATION TAGS

424.1 An owner may assign his reservation in a personalized tag by giving to the assignee a release that terminates any further obligation of the Department to reserve the personalized identification tags reserved in the name of the assignor.

424.2 The assignment may not become effective until the beginning of the one (1) year or two (2) year registration period following that in which the assignor last registered his or her vehicle under the personalized tag reserved.

424.3 The assignee shall apply and pay for a reservation in the manner prescribed in § 423.

18 DCMR § 425 TRANSFER OF PERSONALIZED IDENTIFICATION TAGS

425.1 Personalized tags may be transferred to a transferee of a motor vehicle at any time upon payment by the transferee of the twenty-five dollars ($ 25.00) reservation fee and all other fees required by law in the following circumstances:

(a) Where a motor vehicle is registered in the name of a husband or wife, one of whom died leaving a will providing that the vehicle be deeded over to the surviving spouse;

(b) Where a joint ownership in a motor vehicle exists and ownership of the vehicle is transferred from both owners to either owner; and

(c) Where ownership of a motor vehicle in one or more persons is modified so that a joint ownership is created between the original owner or owners and an additional owner or owners.

425.2 Personalized tags may be transferred at any time without payment of the twenty-five dollars ($ 25.00) reservation fee, upon payment by the transferee of a two dollars ($ 2.00) transfer fee and all other fees required by law, in the following circumstances:

(a) Where one party of a joint ownership in a motor vehicle dies and the surviving owner assumes ownership of the vehicle; and

(b) Where one spouse transfers ownership to both spouses jointly.

425.3 Personalized tags on leased vehicles may be transferred by the owner of such tags from one motor vehicle to another at any time in the following circumstances:

(a) Where a person owns personalized tags for use on a leased vehicle and leases a replacement vehicle provided that the owner-lessee remains the same person, corporation, or other entity. In such cases a transfer fee of two dollars ($ 2.00) and any other fee required by law shall be paid by the lessee, but no reservation fee shall be required; and

(b) Where a person leases a replacement vehicle from a lessor different from the lessor-owner who owned the vehicle from which such tags are to be transferred. In such cases, the twenty-five dollars ($ 25.00) reservation fee shall be paid in addition to all other fees required by law.

425.4 In all other cases not described in this section, transfer of personalized tags may take place only by an assignment under the provisions of § 424.

18 DCMR § 426 SPECIAL USE IDENTIFICATION TAGS

426.1 Upon request, the Director shall prepare and issue to any person special use identification tags and special use certificates to accompany such tags for use on a vehicle in connection with the acceptance of delivery of the vehicle, for official inspection of the vehicle, and for other purposes set forth in this section.

426.2 Special use tags may be issued under circumstances in which it would be unreasonable or impractical to obtain a registration for a motor vehicle. The Director has authority to establish the specific purposes for which special use tags may be issued under this section.

426.3 Special use tags shall be limited to the following purposes:

(a) To move unregistered motor vehicles or trailers from a point within the District to an inspection station in connection with the issuance of certificate or registration;

(b) To move an unregistered motor vehicle or trailer acquired outside the District by a resident of the District from the point of purchase to an inspection station in connection with the issuance of a certificate or registration;

(c) For the use of a nonresident who acquires a motor vehicle or trailer from an owner located in the District for the purpose of moving the vehicle or trailer to another jurisdiction; and

(d) For other special uses approved by the Director or his or her designee.

426.4 Special use tags shall not constitute registration of a motor vehicle as required by § 2(a), Title IV, of the Act of August 17, 1937, as amended, and are not transferable.

426.5 Special use tags shall be issued for a period not to exceed forty-five (45) days. The Director may, in his discretion for good cause shown, upon payment of the proper fee, issue special use tags for an additional forty-five (45) day period or periods.

426.6 Special use identification tags shall be displayed in the same manner required for the display of motor vehicle identification tags in § 422 of this chapter.

426.7 Special use certificates shall be carried in the vehicle bearing the special use tags for which the special use certificate was issued whenever the vehicle is being operated on the highways.

426.8 Upon removal of special use tags from a vehicle, they shall be destroyed immediately by the person to whom issued or by his agent.

426.9 The form, content, size, and type of special use tags shall be determined by the Director, except as specifically prescribed in this section.

426.10 All entries on special use tags except the expiration date shall be legibly printed on each tag issued with a waterproof crayon or waterproof ink marking device.

426.11 Special use certificates and special use identification tags shall contain the following:

(a) The applicant’s true and lawful given name, middle name or names, if any, and surname;

(b) The applicant’s correct residence address;

(c) A description setting forth the vehicle’s trade name, model, year as given by the manufacturer, body type, and vehicle identification number;

(d) The date of expiration; and

(e) The purpose of use of such tags shall be stated on the special use certificate.

426.12 The date of expiration shall be imprinted legibly on such special use identification tags in black ink with a rubber stamp in letters and numerals not less than three quarters of an inch (3/4 in.) in height, and not less than one-eighth of an inch (1/8 in.) in width.

426.13 Special use identification tags shall only be issued to persons submitting, in addition to any other items required by the Director, the following:

(a) Bill of sale for the vehicle, if purchased from a car dealer;

(b) Signed certificate of title, or fax as provided by § 426.14, or other proof of ownership satisfactory to the Director; and

426.14 Any dealer or financing company may fax a copy of a vehicle’s title or dealer’s proof of ownership, front and back, to the Department to establish proof of ownership as required by § 426.13(b); except that the Department reserves the right to require the submission of the original documents.

426.15 The Director shall not issue special use identification tags to residents of Maryland or Virginia, except as provided in § 426.16.

426.16 Any dealer registered in the District of Columbia or their agent may obtain a special use identification tag by appearing at the Department on behalf of a customer from any jurisdiction; provided, that the customer authorizes the dealer to act as their agent by signing the form provided to the dealer by the Department.

426.17 If a vehicle displaying a valid special use identification tag fails motor vehicle safety or emissions inspection, the initial special use identification tag may be removed by the DMV inspection station staff and a replacement special use identification tag may be issued.

History

SOURCE: Final Rulemaking published at 51 DCR 11341 (December 10, 2004); as amended by Final Rulemaking published at 52 DCR 5754, 5757 (June 17, 2005); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 428 SPECIAL IDENTIFICATION TAGS FOR EVENTS OF NATIONAL SIGNIFICANCE

428.1 Subject to the Mayor’s approval of each issuance of motor vehicle identification tags authorized by this section, the Director shall provide and issue tags of special design for the use before, during, and after occasions of national significance.

428.2 Special event tags may be issued for use on vehicles duly registered in any State, Territory, or Possession of the United States, and in the District of Columbia.

428.3 Special event tags issued under this section are to be substituted temporarily for the standard motor vehicle identification tags issued for vehicles, or for special use identification tags issued by the District of Columbia or by any State, Territory, or Possession of the United States for vehicles used in the District of Columbia in connection with carrying on the official business of the occasion.

428.4 Special event tags shall be valid for a period of time, not to exceed ten (10) days, as may be approved by the Mayor for each issuance of special event tags.

428.5 The Director is authorized to enter into agreements, reciprocal or otherwise, for the recognition of special event tags in the several States, Territories, or Possessions of the United States.

18 DCMR § 429 ENFORCEMENT OF REGISTRATION AND RECIPROCITY REQUIREMENTS

429.1 All motor vehicle owners and operators who are legal residents of the District shall comply with all District motor vehicle licensing and registration laws, regulations and rules.

429.2 Motor vehicle owners and operators who are not legal residents of the District but who are housing a motor vehicle within the District shall comply with §§ 411.3, 411.6, 411.7, and 411.8.

This section shall be enforced as follows:

(a) When an issuing officer observes a motor vehicle housed within the District that does not display District registration tags or a current reciprocity sticker the issuing officer shall record the following:

(1) Date;

(2) Time;

(3) Location; and

(4) Vehicle tag number and jurisdiction of registration.

(b) If, after fifteen (15) days of the first sighting, an issuing officer observes the same vehicle housed within the District, the officer shall attach a warning notice stating that the vehicle may be in violation of the motor vehicle registration and licensing laws, regulations and rules of the District. The warning notice shall advise the owner or operator of the vehicle that enforcement actions including, but not limited to, impoundment may be taken after forty-five (45) days (“warning period”) if the vehicle is not in compliance with the District's registration laws, regulations, and rules.

429.4 A person may comply with the motor vehicle registration laws, regulations and rules by doing the following:

(a) Obtaining District registration;

(b) Obtaining a reciprocity sticker; or

(c) Demonstrating that the motor vehicle is not in violation of District motor vehicle licensing and registration laws, regulations and rules.

429.5 Any further observation of the non-complying motor vehicle after the warning period shall result in a notice of infraction being issued against the owner or operator for violation of District motor vehicle licensing and registration laws, regulations, and rules. The notice of infraction shall note the date that the warning notice was affixed.

429.6 Each daily observation shall constitute a separate violation and shall result in the issuance of a separate notice of infraction.

History

SOURCE: Final Rulemaking published at 49 DCR 5814 (June 21, 2002); as amended by Final Rulemaking published at 71 DCR 006393 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 429

18 DCMR § 430 VERIFICATION OF INSURANCE INFORMATION

430.1 The Director may, at any time, request that an insurance company verify the insurance information provided by a person pursuant to §§ 411.10, 413.12, or 430.4 of this chapter.

430.2 An insurance company shall respond to the Director’s request within ten (10) business days, except as provided in § 430.5 of this section.

430.3 The Director may, at any time, request that a person verify or provide additional information on the insurance information previously provided by that person pursuant to §§ 411.10, 413.12, or 430.4 of this chapter.

430.4 A person shall respond to the Director’s request within fifteen (15) business days.

430.5 Within thirty (30) days following the effective date of any cancellation, termination, or expiration of any motor vehicle insurance policy the insurance company shall notify the Department of the cancellation, termination, or expiration.

430.6 Any notice of cancellation, expiration or termination sent pursuant to § 430.5 shall contain the following:

(a) The full name and address of the insured;

(b) The insurance policy number or binder number;

(d) The Operator’s permit number, if known, of the insured;

(e) The corresponding vehicle identification number(s), if known; and

(f) Any other information the Director may require.

430.7 An insurance company shall not notify the Director of the termination, expiration, or cancellation of a motor vehicle insurance policy if the termination, expiration, or cancellation is due to the replacement of one covered vehicle with another covered vehicle under the same policy or another policy issued by the same insurer or another insurer in the same group. Notice is also not required if a policy is replaced by another policy or policies covering the same vehicle or vehicles issued by the same insurer or another insurer in the same insurance group.

430.8 Based upon the information received by the Director pursuant to this title or based upon the failure of a person to provide the information requested pursuant to this section, the Director may order the suspension or revocation of a license, reciprocity sticker, or registration certificate pursuant to the provisions of this title or may refer the matter to the Corporation Counsel for prosecution.

430.9 An insurance company shall provide to the Director by October 1, 1983, the following:

(a) The current policy number series or binder number format utilized by that insurance company for motor vehicle insurance policies sold or offered to be sold in the District;

(b) The name, title, address, and phone number of a designated contact person to the Department on insurance verification matters; and

430.10 The information required pursuant to § 430.9 of this section shall be updated as necessary by the insurance company.

430.11 Effective June 1, 2005, the notices required by § 430.5 shall be submitted or transmitted in electronic files, following the procedures for such submissions or transmissions established by the Department.

History

SOURCE: Final Rulemaking published at 52 DCR 3133 (March 25, 2005).

18 DCMR § 431 IMMOBILIZATION OF MOTOR VEHICLES

431.1 Whenever a motor vehicle that is not registered in the District and that has not been issued a reciprocity sticker is immobilized pursuant to District law, regulations, or rule the Department shall release that motor vehicle when the following conditions are satisfied:

(a) The owner or operator of the motor vehicle certifies, on a form supplied by the Director, that the motor is insured pursuant to the No-Fault Insurance Act;

(b) The owner or operator has paid all applicable fees, fines, and penalties; and

(1) Registration;

(2) Special use identification tag; or

(3) Reciprocity permit.

431.2 The Director may immobilize a motor vehicle when the owner does not possess a motor vehicle insurance policy; provided, that the person’s registration or reciprocity sticker has been suspended or revoked pursuant to § 411.

History

SOURCE: Final Rulemaking published at 52 DCR 5754 (June 17, 2005).

18 DCMR § 433 ORGANIZATION TAGS

433.1 This Director may issue a tag bearing markings related to an organization (“Organization Tag”) only if the tag has been established by the Council of the District of Columbia or approved by the Director as provided in this section.

433.2 An organization seeking the Director’s approval of an organization tag must be a non-profit corporation, as that term is defined in § 501(c)(3) of the Internal Revenue Code (46 U.S.C.§ 501(c)(3)), and must submit an application to the Director.

433.3 The application shall include:

(a) A sample of the proposed markings;

(b) A copy of the organization’s charter or articles of incorporation;

(d) Signatures from at least twenty-five (25) members of the organization attesting to their intent to display the organization tag proposed; and

(e) Proof that the person submitting the application is authorized by the organization to submit that application.

433.4 The organization tag shall only display either the name or the adopted insignia of the organization, or both.

433.5 The format of any organization tag design shall be approved by the Director and shall not obscure any of the lettering or numbering on the tag.

433.6 Any person requesting an organization tag must, in addition to payment of the annual and reservation fees provided for in Section 3(a) of Title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 679; D.C. Official Code § 50-1501.03(a)), provide evidence that the person is a member of that organization.

433.7 Upon notification that a person is no longer a member of the organization, the Director may notify that person that they must surrender, within thirty (30) days of notice, the organization tags in their possession.

433.8 The Director may rescind or revoke any organization tag issued to a person who fails to surrender their tag as provided in § 433.7.

433.9 Organization tags shall only be issued for use on registered private passenger vehicles.

433.10 The Director shall reject any proposed organizational tag or rescind the issuance of any organizational tag that conveys a message, or displays an image, that is confusing or offensive to the general public.

433.11 For the purposes of § 433.9, the Director shall reject or rescind the issuance of any organizational tag with a design or combination of letters or numbers that:

Is vulgar, derogatory, profane, scatological or obscene, with any connotation, in any language;

Connote, in any language, breast, genitalia, pubic area, or buttocks or relate to sexual or eliminatory functions.

Connote, in any language (i) any illicit drug, narcotic, intoxicant, or related paraphernalia; (ii) the sale, user, or purveyor of such a substance; or (iii) the physiological state produced by such a substance;

Refer, in any language, to a race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation;

Suggest, in any language, a government or governmental agency;

Suggest, in any language, a privilege not given by law in this state; or

Form, in any language, a slang term, abbreviation, phonetic spelling or mirror image of a word described in this subsection.

433.12 A resident ordering an arts and humanities motor vehicle identification tag as described in D.C. Official Code § 50-1501.02e, shall pay a one-time application fee and a display fee each year thereafter. The application fee shall be $25 and the display fee shall be $20.

History

SOURCE: Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 10223 (November 5, 2004); as amended by Final Rulemaking published at 64 DCR 3170 (March 31, 2017); as corrected by Errata Notice published at 64 DCR 3478 (April 14, 2017); as amended by Final Rulemaking published at 68 DCR 3326 (March 26, 2021). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 433

18 DCMR § 434 APPORTIONABLE VEHICLES

434.1 Trip permits for apportionable vehicles, as defined in section 2 of the International Registration Plan Agreement Act of 1997, effective September 5, 1997 (D.C. Law 12-14; D.C. Official Code § 50-1507.01), shall be valid for a six (6) day period, to begin on a day determined by the Director.

History

SOURCE: Final Rulemaking published at 53 DCR 847 (February 10, 2006).

18 DCMR § 435 VINTAGE TAGS

435.1 Vintage license tags shall be permitted on historic motor vehicles in place of historic motor vehicle license tags if approved by the Director pursuant to this section.

435.2 A person who seeks to display vintage license tags shall submit an application to the Director by letter, or at the discretion of the Director, by email or through the Department’s website.

435.3 The application shall include the applicant’s name, address, vehicle information number (“VIN”), make, model, year of manufacture, and a color photograph of the vintage tag. The Director may request the applicant to appear in person with the vintage tag for the purposes of inspection.

435.4 The Director may deny the application if:

(a) The tag does not meet reflective or safety standards as set forth in §§ 422.5 and 422.8;

(b) The tag is illegible;

(c) The letters, numbers, or combination of letters and numbers of the tag is the same as the configuration of letters, numbers, or combination of letters and numbers of any tag either issued or for which application has been made pursuant to § 423;

(d) The Director is unable to verify the tag is from the same year as the model year of the historic vehicle; or

(e) The Director concludes that the use of the vintage tags would adversely impact public safety.

435.5 The Director may rescind or revoke the use of a vintage tag for violation of any District of Columbia law or regulation relating to motor vehicles, or for any reason described in § 435.4.

History

SOURCE: Final Rulemaking published at 57 DCR 5243, 5245 (June 18, 2010).

18 DCMR § 437 THIRD PARTY TITLING AND REGISTRATION

437.1 The Department of Motor Vehicles (“Department”) may certify third parties to perform motor vehicle title and registration functions pertaining to new vehicle sales in accordance with the laws of the District of Columbia.

437.2 A third party shall not engage in any activity pursuant to this chapter unless the Department issues a certificate allowing the party to engage in the business and the certificate is in good standing.

437.3 The Department shall supervise and regulate all parties required by this section to obtain a certificate, including successful completion of a training course by a third party or designated employees or agents of a third party who will perform the functions set forth in § 437.1.

437.4 A third party shall apply for certification pursuant to this chapter in writing on a form prescribed by the Department. The third party shall include with the application all documents and fees as determined by the Department.

437.5 The application shall be under oath and shall contain, at a minimum:

The name and residence address of the applicant; if the applicant is a partnership, the name and residence address of each partner; or if the applicant is a corporation, the name and residence address of each principal officer and any stockholder holding more than ten percent (10 %) of the corporation;

The name and residence address of any individual who will be performing the functions set forth in § 437.1.

The principal place of business of the applicant; and

The established place of business at or from which the business is to be conducted.

437.6 The Director may add new application requirements as he or she reasonably determines to be necessary.

437.7 A third party who applies for certification pursuant to this section shall submit with the application a bond in a form to be approved by the Department and in an amount of at least twenty-five thousand ($25,000) dollars.

(a) A surety company authorized to transact business in the jurisdiction where the third party is located shall execute the bond with the applicant as principal obligor on the bond and the District of Columbia as obligee. The surety company shall notify the Department by certified or registered mail if the bond is cancelled. The bond shall be conditioned on the applicant faithfully complying with all of the provisions of law. The bond shall be not be cancellable and shall remain in effect for forty-five (45) days after the Department's termination of a third party's certification to perform title and registration functions or the third party voluntarily gives up its certificate to perform title and registration functions.

(b) The bond inures to the benefit of any person who suffers loss because of any of the following:

Nonpayment of any fee or tax paid to the third party by that person;

(2) Insolvency, bankruptcy or discontinuance of business; or

(3) Failure of the third party to comply with its duties pursuant to this section.

437.8 The bond requirement of this section does not apply to a Department or Agency of the District of Columbia.

437.9 An applicant and each partner, officer, director, agent, or stockholder owning ten percent or more of a corporation seeking certification pursuant to this chapter shall provide a full set of fingerprints and a fee as determined by the Department in order to conduct a criminal background investigation.

437.10 If the third party adds a partner, officer, director, agent, or stockholder who owns ten percent or more of the corporation and who was not included in the criminal background investigation on a prior application, the third party shall notify the Department within ten days of the change and provide a full set of fingerprints for the purpose of a criminal background check, along with a fee as determined by the Department in order to conduct a criminal background investigation.

437.11 The criminal background investigation does not apply to a Department or Agency of the District of Columbia.

437.12 The Department shall deny an application for a certificate if:

There is a false statement or misrepresentation in the application;

A third party, partner, officer, director, agent, or stockholder owning ten percent (10%) or more of a corporation seeking certification has been convicted, as defined in § 9901 of this title, of a felony in any state, territory or possession of the United States or any foreign country, regardless of whether civil rights have been restored or been convicted, as defined in § 9901 of this title, of a misdemeanor involving dishonesty, false statement, perjury, or moral turpitude;

The application is not complete; or

The bond is not submitted with the application.

437.13 If an application for certification is denied, the Department shall advise the applicant in writing by personal service or certified or registered mail of the denial and the grounds for denial.

437.14 Once a third party is certified, the Department shall furnish it the necessary title and registration documents, license plates, and registration, new vehicle inspection and parking stickers.

437.15 A certified third party shall notify the Department within one (1) business day by email or facsimile, as well as by certified or registered mail when an individual listed pursuant to § 437.5(b) is no longer performing the functions set forth in § 437.1.

437.16 Subsequent to certification, any individual not listed in § 437.5(b) must successfully complete a Department training course prior to performing the functions set forth in § 437.1.

437.17 A certified third party shall submit to the Department all statutorily and regulatory prescribed title and registration fees it collects as well as any other documentation or information pertaining to the titling and registration in the manner prescribed by the Department.

437.18 Subsequent to issuance of a certification, the Department shall:

(a) Conduct investigations it deems necessary;

Conduct audits and require that the third party submit to it, at such intervals as it determines an audit by the Department or a certified public accountant licensed by the jurisdiction where the third party is located;

(c) Make on-site inspections during regular business hours and at such locations as it deems appropriate to determine compliance by the third party with this section; and

(d) Require that a certified third party or employees or agents of a certified third party shall take part in all Department required continuing training programs.

437.19 A third party who is certified pursuant to this section shall maintain records for three (3) years. Those records shall include:

Collection of and disbursement of excise taxes;

Collection of and disbursement of titling and registration fees;

Collection and disbursement of any other fees collected for the Department; and

Documentation pertaining to the distribution of the items described in § 437.3.

437.20 The records noted in § 437.18 shall identify the:

Customer's file number, if any;

Customer's name and address;

(d) Type of transaction.

437.21 The certified third party shall safeguard all inventory provided to it by the Department and shall notify the Department within twenty-four (24) hours if inventory is lost or stolen.

437.22 The Department shall revoke the certification of a third party granted pursuant to this section for any of the following reasons:

There is a false statement or misrepresentation in the application;

Violation of this section;

Allowing an unauthorized person to issue a title or registration or collect fees required to be paid to the Department under this section;

Failure to maintain the bond required by this section;

A third party, partner, officer, director, agent, or stockholder owning ten percent or more of a corporation seeking certification having been convicted, as defined in § 9901 of this title, of a felony in any state, territory or possession of the United States or any foreign country, regardless of whether civil rights have been restored or been convicted, as defined in § 9901 of this title, of a misdemeanor involving dishonesty, false statement, perjury, or moral turpitude;

Insolvency, bankruptcy or discontinuance of business; or

Failure to protect personal information as set forth in 18 U.S.C. §§ 2721 et seq. or D.C. Official Code § 50-1401.01b.

437.23 The Department shall advise the third party in writing by personal service or certified or registered mail of the revocation of the certification.

437.24 A third party whose application is denied or whose certification is revoked may petition the Department in writing within thirty (30) days of the date of the letter for a hearing before the Department’s Vehicle Services Administrator. There shall be no right of appeal from the Administrator’s decision.

History

SOURCE: Final Rulemaking published at 62 DCR 2548 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 437

18 DCMR § 438 REPEALED

History

SOURCE: Final Rulemaking published at 63 DCR 13497 (October 28, 2016); as amended by Final Rulemaking published at 71 DCR 006393 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 438

18-5 MOTOR VEHICLE DEALERS

18 DCMR § 500 GENERAL PROVISIONS

500.1 The rules and regulations contained in this chapter shall govern the registration of new and used car dealers in the District of Columbia, the issuance and use of dealer tags and special use tags by dealers, and the maintenance of records by dealers.

500.2 No person, unless registered under the provisions of this chapter, shall carry on or conduct the business of a dealer in motor vehicles, trailers, or semitrailers of a type subject to registration.

500.3 All certificates of manufacture, certificates of title, papers issued by another jurisdiction in connection with titling and registration, registration cards, temporary registration certificates, records of issuance of temporary registration certificates, and triplicate copies of special use certificates, while in the possession of any dealer registered under this chapter, shall be subject to inspection upon demand of the Director or of any police officer.

500.4 All vehicles and places of business of dealers registered under this chapter shall be subject to inspection upon demand of the Director or of any police officer.

500.5 No dealer may accept an open assignment of a motor vehicle title or bill of sale that does not identify the dealer as the purchaser or assignee of the motor vehicle.

500.6 A dealer shall inform the Department of any change in business ownership or location within five (5) business days of any such change.

500.7 All dealers or their agents shall attend any mandatory training required by the Department after receiving notice of the training sent by regular mail to the address on the dealer’s registration; except for good cause shown as determined by the Director.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 501 REGISTRATION OF DEALERS

501.1 A manufacturer or a branch officer of a manufacturer engaged in selling new vehicles only may apply to the Director to be registered as a new car dealer.

501.2 A person having an established place of business located within the District who is the holder of a franchise for the sale of new vehicles and who has a motor vehicle dealer's license may apply to the Director to be registered as a new car dealer.

501.3 A person may apply to the Director for registration as a car dealer provided, in addition to all other applicable requirements of this Title, that person:

(a) Has a valid motor vehicle dealer’s business license;

(b) Has a valid federal tax identification number;

(d) Is actively engaged in buying, selling, and exchanging vehicles; and

(e) Has an established place of business that is located on a street or avenue.

501.4 The requirement that any used car dealer have an established place of business located on a street or avenue shall not be applicable to any dealer who, on November 1, 1968, was conducting business in a place of business for which a valid certificate of occupancy to conduct the business had been issued.

501.5 When trailers, fire-fighting equipment, construction equipment, ambulances, or funeral vehicles, including motor vehicles adapted thereof, are the only vehicles offered for sale or resale, such manufacturer, branch officer of such manufacturer, or person need not hold a valid motor vehicle dealer's license.

501.6 A person located in the District of Columbia dealing in motor vehicle equipment or services, including but not limited to auto paint shops, auto upholstery shops, motor or transmission rebuilders, auto body builders, and auto finance companies, may apply to the Director to be registered as a dealer in motor vehicle equipment or services.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 502 APPLICATION FOR DEALER REGISTRATION

502.1 Application for registration as a new or used car dealer or dealer in motor vehicle equipment or services shall be made upon a form to be furnished by the Director.

502.2 The application form shall contain the following:

(a) The name of the applicant;

(b) The trade name, if any, of under which the applicant operates or will operate;

(c) The location of the applicant’s principal place of business and of all other places used by the applicant in the conduct of that business;

(d) A statement showing whether the applicant is an individual, partnership, or corporation;

(e) A copy of the dealer’s business license; and

(f) A copy of the salesperson’s license for each salesperson.

502.3 If the applicant is a partnership, the application shall contain the names and addresses of the partners. If the application is for a corporation, then it shall contain the place of incorporation and the names and addresses of the corporate officers and directors.

502.4 Each application for registration as a new car dealer shall also contain the trade names of the vehicles for which the applicant is the holder of a valid sales franchise.

502.5 If any change in any of the information set forth in the application occurs prior to the execution of a new application, a written statement setting forth the change shall be sent to the Director within five (5) business days after the change occurs.

502.6 The Director, when satisfied that the person named in the application is entitled to be registered as a new or used car dealer or a dealer in motor vehicle equipment or services, shall register the dealer and maintain records of compliance with this chapter applicable to the dealer.

502.7 Dealer registrations shall expire on October 31 of each year.

502.8 If, upon expiration, renewal is desired, an application for renewal must be executed and delivered to the Director.

502.9 The yearly dealer registration application fee shall be one hundred dollars ($ 100), which may be increased by the Mayor to cover administrative costs.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004); as amended by D.C. Act 16-636 published at 54 DCR 921 (February 2, 2007); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 503 DEALER IDENTIFICATION TAGS

503.1 Dealer identification tags issued to a registered dealer shall be used solely for the purpose of operating vehicles owned by the dealer, if directly in furtherance of the business of the dealer, and only by the following persons:

(a) The dealer, provided they carry proof of dealer registration at the time of operation;

(b) The dealer’s salesperson, provided they carry their salesperson’s license at the time of operation; or

(1) The customer is accompanied by the dealer or the dealer’s salesperson and such person carries proof required by (a) or (b) at the time of operation; or

(2) The vehicle displays a temporary registration certificate issued to that customer, as provided in §503.8.

503.2 Dealer transport tags may be issued to a registered dealer for use solely by a dealer’s subcontractor, or the subcontractor’s employee(s), provided:

(a) The tags are used in connection with the repair or improvement of the vehicle;

(b) The vehicle is being operated between the dealership and the repair location; and

(c) The operator carries either proof of a contractual relationship regarding such a repair, or an affidavit, signed by the dealer, that states the repair location and that the condition in (a) is satisfied.

503.3 A dealer identification tag or dealer transport tag shall be displayed on the rear of a motor vehicle when in use.

503.4 Dealer tags shall be issued as follows:

(a) Two (2) dealer tags per dealer, with a maximum of four (4) tags per business;

(b) One (1) dealer tag per salesperson (other than owner); and

503.5 A dealer may replace no more than one (1) lost or stolen dealer identification tag or dealer transport tag every six (6) months, upon proof of the filing of a police report or other proof satisfactory to the Director. The Director may waive the time limitation of this subsection for good cause shown.

503.6 A dealer shall have motor vehicle insurance that covers the number of vehicles that can be operated using all the dealer tags and dealer transport tags issued to that dealer.

503.7 Dealer tags and dealer transport tags shall expire on October 31 of each year.

503.8 Whenever a vehicle is furnished by a dealer to a person for the purpose of demonstration or testing and the vehicle is not occupied by an employee of the dealer, a Temporary Registration Certificate, issued to that person by the dealer, shall be affixed to the windshield of the vehicle as provided in § 505.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 504 APPLICATION FOR DEALER TAGS AND REGISTRATION CERTIFICATES

504.1 The Director shall, upon request, prepare an application for dealers' identification tags approved for issuance to a registered new or used car dealer, or dealer's transport identification tags to a registered dealer in motor vehicle equipment or services, as applicable.

504.2 Each application shall contain the name and address of the person so registered and state whether the person is registered as a new or used car dealer or a dealer in motor vehicle equipment or services.

504.3 If the dealer is a new car dealer, the application shall contain the trade names of the new vehicles that appeared on the application to be registered.

504.4 The application shall contain the Director's number for the applicant and other information that the Director may reasonably require.

504.5 The Director shall issue a temporary registration certificate for each set of tags approved and shall deliver the certificate and tags to the applicant or to the applicant's agent.

18 DCMR § 505 TEMPORARY REGISTRATION FORMS

505.1 The Director shall furnish to a registered new or used car dealer a supply of serially numbered temporary registration forms consisting of the following:

(a) A Temporary Registration Certificate;

(b) A Notice of Issuance; and

505.2 Temporary registration forms shall provide for the insertion of the date of issuance, the expiration date, and other information required by the Director on all three (3) parts of the forms.

505.3 For purposes of computing the period during which the temporary registration form shall be valid, the date of issuance shall not be included, and the date of expiration shall be included.

505.4 A new or used car dealer may issue a temporary registration form for a period not to exceed forty-five (45) days when an owner of vehicle identification tags acquires from that dealer a vehicle for which the owner has made application for a certificate and has requested a transfer of registration to the vehicle, as provided in § 416.

505.5 (REPEALED)

505.6 A dealer shall issue a temporary registration form for a period not to exceed five (5) days when the dealer has furnished a vehicle to a person for the purpose of demonstration or testing that vehicle and the vehicle will not be occupied by an employee of the dealer.

505.7 No dealer shall issue a temporary registration form in circumstances the effect of which would be to extend the limited periods of time prescribed in this section.

505.8 The Temporary Registration Certificate part of the form shall be securely attached facing out on the inside right lower area of the windshield while the vehicle is being operated under the authority of the certificate.

505.9 No dealer shall issue a temporary registration form as provided in § 505.4 unless he or she has received from the purchaser for delivery to the Director the items required by § 416 of this title and until all information is fully completed on the form.

505.10 Upon issuing a temporary registration form, the dealer shall deliver the Notice of Issuance part of the form to the Director not later than the next business day after the issuance.

505.11 The Director shall retain the Record of Issuance part of the temporary registration form for not less than three (3) years.

505.12 If, after the issuance of a Temporary Registration Certificate, it is found that, due to unusual circumstances, the card will be needed for use beyond the expiration date shown on the certificate, the new car dealer or used car dealer who issued the certificate may execute a written request to the Director for an extension of time.

505.13 The Director may, in his or her discretion, extend the expiration date to the date he or she determines necessary by placing upon the Temporary Registration Certificate the words "EXTENDED TO" and the date of the extension over the signature of the Director and the date of the signature. The certificate and the identification tags covered by it will then be valid for use until the extended date.

505.14 A dealer shall make a copy of the driver’s license of any customer issued a Temporary Registration Certificate pursuant to § 505.6. The copy shall be submitted together with the Notice of Issuance as provided in § 505.10.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004) and as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 506 SPECIAL USE IDENTIFICATION TAGS

506.1 A new car dealer registered in accordance with this chapter may issue special use certificates and special use identification tags described in § 426 and subject to the conditions prescribed in that section.

506.2 Special use identification tags sold under this section shall be sold to dealers in multiples of ten (10).

506.3 (REPEALED)

506.4 (REPEALED)

506.5 Special use tags may be issued for the following periods of time and under the following circumstances:

(a) If the purchaser authorizes the dealer to process the District of Columbia registration of the vehicle, the tags shall be issued for a period not to exceed forty-five (45) days, including the date of delivery, subject to the applicable provisions of this section;

(b) If the purchaser does not authorize the dealer to process registration of the vehicle, the tags shall be issued for a period not to exceed five (5); and

506.6 If the purchaser is a resident of the District, no special use certificate or tags shall be issued for the forty-five (45) day period authorized under § 506.5(a) unless the dealer has first received the application for a certificate, applicable taxes, and all fees required for the certificate and registration for the vehicle for delivery to the Director; Provided, that the fees and taxes need not be collected in the event the vehicle upon which the special tags are to be placed is to be titled, registered, and licensed in the District as a public vehicle for hire.

506.7 When issuing special use identification tags, the dealer shall prepare a special use certificate by printing or typing all of the information required on the certificate.

506.8 If issued to a purchaser, the certificate shall be issued in the name of the purchaser.

506.9 The original of the certificate shall be delivered to the person whose name appears on the certificate.

506.10 The duplicate copy of the special use certificate, the information received by the new car dealer in accordance with § 506.6, together with an itemized bill of sale that includes the amount of all applicable taxes and fees required for the vehicle’s registration, shall be retained at the dealer’s registered location for at least two (2) years.

506.11 (REPEALED)

506.12 Any dealer issuing a special use identification tag to a customer must electronically submit the vehicle identification number, make, model and year of vehicle, special identification tag number, insurance information, the customer’s name and address, and the driver’s license number of the person operating the vehicle from the dealer’s location, to the Department within one (1) business day of the sale.

506.13 All special use identification tags in the possession of the dealer shall be kept in a secure location at the dealer’s registered place of business and presented to the Department upon request.

506.14 A dealer is entitled to replace any lost or stolen special use identification tag no more than once every six (6) months; except for good cause as determined by the Director.

506.15 No dealer shall issue a special identification tag for a vehicle not sold by that dealer.

506.16 No dealer shall issue a second or subsequent special use identification tag to the same customer for the same vehicle without written approval from the Director.

506.17 A dealer may issue special use identification tags for used cars only if the dealer's sale of used cars is incidental to the sale of new cars and the used cars are displayed on the same lot as new cars.

History

SOURCE: Final Rulemaking published at 51 DCR 11340 (December 10, 2004); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 55 DCR 9084 (August 22, 2008).

18 DCMR § 507 REFUSAL TO REGISTER: SUSPENSION AND REVOCATION OF REGISTRATION

507.1 If the Director shall determine that an applicant to be registered as a new or used car dealer is not entitled to be registered, he or she shall refuse to register the applicant and, upon demand, shall issue an order to the applicant to that effect.

507.2 The Director may suspend or revoke the dealer registration of any person who has violated any provision of Title IV of the Act of August 17, 1937, (D.C. Code, 40-101 through 40-105), as amended, or any rule promulgated under the authority of that law pertaining to vehicle registration or to his registration as a dealer, or any violation of Chapters 4 or 5 of this Title.

507.3 The Director may suspend or revoke the dealer registration of any person who has ceased to be a dealer as defined in the Act of August 17, 1937, as amended, or this title.

507.4 Any order of refusal, suspension, or revocation shall set forth the proposed action and the grounds thereof in sufficient detail to permit the person adversely affected by the order to understand fully the nature of the order and the reasons for the order.

507.5 Any person whose registration as a dealer has been refused, suspended, or revoked by the Director may petition for a hearing subject to the provisions of chapter 10.

507.6 Any order of suspension or revocation under § 507.2 shall notify the person that the order will take effect within ten (10) days unless the person files an objection together with a request for a hearing.

507.7 The filing of a request for a hearing under § 507.6 shall operate as a stay of the order until the Director or hearing examiner renders a written decision on the objection.

507.8 If a person to whom a notice of infraction has been issued fails to appear at a hearing for which he or she received notice, the hearing examiner may enter a default judgment sustaining the charges and order the suspension or revocation proposed.

History

SOURCE: Final Rulemaking published at 51 DCR 8109 (August 20, 2004).

18 DCMR § 508 SURRENDER OF CERTIFICATES AND IDENTIFICATION TAGS BY A DEALER

508.1 A dealer who goes out of business in the District and has valid registration certificates, dealer identification tags, dealer transport identification tags, special use certificates, or special use tags outstanding shall deliver all of the certificates and tags to the Director within five (5) business days after going out of business.

508.2 The Director, upon receiving the tags and certificates, shall issue a receipt, upon demand; and shall cancel the tags and certificates.

508.3 Returned dealer identification tags, dealer transport identification tags, and special use tags shall not be issued to any other person during the then current registration year and may be mutilated or otherwise disposed of by the Director.

508.4 Any person whose registration as a dealer has been suspended or revoked pursuant to this chapter shall, within five (5) business days after the registration has been suspended or revoked, return to the Director the following:

(a) All dealer identification tags;

(b) Special use tags;

(e) Transport identification tags;

(f) Registration certificates; and

(g) All sets of the three-part serially numbered forms (each consisting of a temporary registration certificate, notice of issuance, and record of the issuance) then in his or her possession.

508.5 No refund shall be made for dealers' identification tags, transport identification tags or special use tags returned under the provisions of this section.

18 DCMR § 509 TITLE REASSIGNMENT FORMS

509.1 A new or used car dealer, which is registered under this chapter and in good standing, may request the Director to provide it with title reassignment forms.

509.2 Any title reassignment forms issued shall be serially numbered and of a quantity to be determined by the Director. The Director may provide a dealer with additional reassignment sheets at the Director’s discretion.

509.3 A dealer may not use title reassignment forms issued to another dealer.

509.4 The dealer shall complete the first reassignment space of each title reassignment form.

509.5 Except as provided in § 509.5, a dealer may not issue a title reassignment form unless all the reassignment spaces on the back of the certificate of title or certificate of origin and any accompanying reassignment sheets are filled in.

509.6 A dealer shall use a title reassignment form if the certificate of title or certificate of origin were issued in another jurisdiction that does not permit an out-of-state dealer to reassign the title.

509.7 A dealer may not complete a reassignment space on the back of the certificate of title or certificate of origin when a title reassignment form is attached.

509.8 The dealer shall verify the vehicle’s identification number, year, make, model, the state in which the vehicle was last titled, and the title number and record that information on the title reassignment form.

509.9 The dealer shall verify and completely fill the reassignment block with the buyer’s name and address, the seller’s name, the date of reassignment, the selling price, the odometer reading, and any applicable lien information.

509.10 The dealer shall provide the buyer with the original title reassignment form.

509.11 The dealer shall retain a copy of the title reassignment form for no less than two (2) years at the dealer’s principal place of business.

509.12 Within twenty-four (24) hours after the reassignment of ownership, the dealer shall transmit electronically a digital certificate of ownership, including the following information:

(a) The buyer’s name, address, and driver’s license, learner’s permit, or identification card number;

(b) The state where the buyer’s license, permit or identification card was issued;

(d) The date of sale or reassignment.

509.13 If a buyer fails to take possession of the vehicle or if an error is made during the reassignment process, the dealer shall write VOID across the applicable reassignment space, include a notarized letter stating the correction, and use the next available reassignment space. The notarized letter shall be part of the original reassignment form.

509.14 If a title reassignment form is either lost or stolen, the dealer must provide a copy of the full police report or six-digit report number to the Director within 5 business days of the theft or loss.

509.15 The Director may issue no more than two replacement title reassignment forms to the same dealer within a six-month period.

509.16 If a title reassignment form is damaged, the dealer shall return all parts of the reassignment form to the Director within 5 business days.

509.17 The dealer shall provide to the Director the dealer copy of the reassignment form upon the verbal or written request by the Director.

History

SOURCE: Final Rulemaking published at 54 DCR 1576 (Feb 16, 2007).

18-6 INSPECTION OF MOTOR VEHICLES

18 DCMR § 600 GENERAL PROVISIONS

600.1 This chapter shall contain rules prescribing standards for inspection of all motor vehicles registered in the District, and the procedure under which approved and rejected vehicles shall be processed.

600.2 No person shall drive, move, or permit the operation or use of any vehicle which is mechanically unsafe, improperly equipped, or otherwise unfit to be operated.

600.3 Any police officer or other authorized agent of the District may inspect and test the lights, brakes, steering assembly, tires, equipment horn, emission control equipment, exhaust emissions, or other device required by this title at any time a vehicle is on the public streets or public space.

600.4 Any police officer or other authorized agent of the District may order the removal of an unsafe or improperly equipped vehicle from any or, if applicable, as set forth in §§ 601.4, 601.5 and 601.6, to one of the official District Inspection Stations for reinspection notwithstanding the fact that the vehicle displays an approved inspection sticker.

600.5 When notified by the Director, a registrant shall present his or her vehicle for mechanical inspection at a time and place designated by the Director.

600.6 The Director is authorized, in his or her discretion, to provide for inspection by District personnel at a location other than a District inspection station, of the vehicles in any fleet of five hundred (500) or more motor vehicles registered in the District in the name of one (1) owner, if the owner does the following:

(a) Constructs, or otherwise provides for, facilities and equipment for the inspection of the vehicles substantially equivalent, as determined by the Director, to the motor vehicle inspection facilities and equipment operated by the District; and

(b) Conforms to a schedule for the inspection of the vehicles agreed upon, orally or in writing, between the owner and the Director.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR §§ 4.101, 4.201, 4.202(d), (e), Special Edition; as amended by Final Rulemaking published at 41 DCR 4936 (July 22, 1994); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 600

18 DCMR § 601 INSPECTION REQUIREMENTS

601.1 Inspections shall be made and stickers obtained with respect to the items of equipment designated by the Director.

601.2 Inspections shall be conducted in accordance with the standards contained in the current edition of the Washington DC Vehicle Inspection Program Lane Operator’s Manual (also referred to as the “Lane Operator’s Manual”) or, when applicable, to the current edition of the American Association of Motor Vehicle Administrator’s Vehicle Inspection Manual (also referred to as the “AAMVA Manual”) and in the event existing standards do not apply to a particular piece of equipment, a standard specified by the Director.

601.3 The “Lane Operator’s Manual” or the “AAMVA Manual” are incorporated in this chapter by reference. In the event of any inconsistency between “Lane Operator’s Manual” or the “AAMVA Manual” and this title, the provisions of this title shall govern.

601.4 Vehicles registered in the District of Columbia shall be inspected periodically for, when applicable, exhaust emissions, and compliance with this title as follows:

(a) Passenger vehicle: every two (2) years;

(b) [REPEALED];

(d) Bus owned or leased by the Washington Metropolitan Area Transit Authority: annually;

(e) Taxicab and other public vehicles for hire: annually;

(f) [REPEALED];

(g) [REPEALED];

(h) Commercial vehicle: annually;

(i) Tow truck: annually;

(j) Vehicle registered as a class F(I) historic motor vehicle: one (1) time, at time of registration, plus an inspection limited to confirming the odometer reading every two (2) years;

(k) Vehicle registered as a class F(II) historic motor vehicle: one (1) time, at time of registration; and

(l) All other motor vehicles: every two (2) years; except that autocycles, motorcycles, motor-driven cycles, vehicles weighing twenty-six thousand (26,000) pounds or more, motor vehicles with diesel or electric engines, pre-1968 model year motor vehicles, and trailers do not need to be inspected.

601.5 [REPEALED]

601.6 Vehicles registered in the District of Columbia shall be inspected periodically for safe operating condition and compliance with this title as follows:

Bus not owned or leased by the Washington Metropolitan Area Transit Authority Bus: semiannually;

Taxicab and other public vehicle for hire: annually;

Commercial vehicle: annually;

Tow truck: annually.

601 7 At the discretion of the Director, imported vehicles may be exempt from certain inspection requirements, such as emissions, safety glass and headlights.

601.8 The fees for inspections shall be as follows:

(a) Passenger vehicle, including historic motor vehicle: $ 35;

(b) [REPEALED];

(d) Commercial vehicles and vehicles for hire, including all buses: $ 35:

(e) Trailers, based upon the manufacturer’s shipping weight: $ 35

(f) Tow truck: $ 35;

(g) Salvage vehicle: $ 35;

(h) New vehicles for which an inspection is not required but for which a sticker is required: $ 10;

(i) Taxicabls and other vehicles for hire: $70;

(j) All other motor vehicles: $ 35.

601.9 The inspection fees included above shall include two re-inspections performed within twenty (20) days of the initial inspection. The fee for all other re-inspections shall be in accordance with the above inspection fee schedule.

601.10 Any re-inspection fees due shall be paid at the time of re-inspection.

601.11 Inspection fees may be collected at the time of registration.

601.12 The total cumulative amount of any late inspection penalty assessed pursuant to § 6 of An Act to Provide for annual inspection of all motor vehicles in the District of Columbia, approved February 18, 1938 (52 Stat. 78; D.C. Official Code § 50-1106), shall not exceed four hundred and eighty dollars ($ 480), all or part of which may be waived by the Director upon submission of proof that the owner was unable to have the vehicle inspected due to one or more of the following:

(a) Military duty;

(b) Incarceration;

(d) The vehicle was involved in an accident (police report required); or

(e) Exceptional circumstances, as determined by the Director.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972; 32 DCRR §§ 4.202 (a) - (c), Special Edition; as amended by §§ 2(7), 2(8) of the District of Columbia Bus Safety Inspection Act, effective April 9, 1976 (D.C. Law 1-60; 22 DCR 4373 (February 12, 1976)); 32 DCRR §§ 4.202(b), 4.202(c); as amended by § 2(n) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)), 32 DCRR § 4.202(d); as amended by § 4(c)(2) of the Historic Motor Vehicle Act of 1977, effective February 25, 1978 (D.C Law 2-41; 24 DCR 3629 (November 11, 1977)), 32 DCRR § 4.204(a); as amended by Final Rulemaking published at 30 DCR 2571 (May 27, 1983); as amended by Final Rulemaking published at 33 DCR 4308 (July 18, 1986); as amended by § 4 of the Motor Vehicle Biennial Inspection Amendment Act of 1993, effective April 26, 1994 (D.C. Law 10-106; 41 DCR 1014 (March 4, 1994)); as amended by Final Rulemaking published at 41 DCR 6618 (September 30, 1994); as amended by Final Rulemaking published at 48 DCR 1150 (February 9, 2001); as amended by Final Rulemaking published at 48 DCR 6261 (July 13, 2001); as amended by Final Rulemaking published at 49 DCR 748 (January 25, 2002); as amended by Final Rulemaking published at 49 DCR 11261 (December 13, 2002); as amended by Final Rulemaking published at 51 DCR 5031 (May 14, 2004); as amended by Final Rulemaking published at 51 DCR 8110 (Aug 20, 2004); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 266, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903, 921 (February 2, 2007)); as amended by the Fiscal Year 2009 Budget Support Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7598 (July 18, 2008); as amended by the Historic Motor Vehicle Amendment Act of 2008, effective March 20, 2009 (D.C. Law 17-315; 56 DCR 203, 204 (January 9, 2009); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181 (January 8, 2010); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 60 DCR 16843 (December 13, 2013); as amended by the Vehicle-for-Hire Innovation Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-197; 61 DCR 12430 (December 5, 2014)); as amended by Final Rulemaking published at 62 DCR 11551 (August 21, 2015); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017); as amended by Final Rulemaking published at 68 DCR 1404 (January 29, 2021). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 601

18 DCMR § 602 INSPECTION STICKERS

602.1 The Director is authorized to issue inspection stickers and provide for the attachment of inspection stickers to motor vehicles.

602.2 Inspection stickers may indicate approval, rejection, or condemnation of any vehicle, in accordance with the provisions of this chapter.

602.3 Vehicles bearing special bus identification, current dealer tags, transport tags, special use paper tags, or historic motor vehicle tags shall be exempt from the inspection sticker requirements of this section.

602.4 It shall be unlawful for any person to operate, park, or permit to be operated or parked on public space any vehicle bearing current District of Columbia tags, except a vehicle exempt under the provisions of § 602.3, unless there is displayed on the right side of the vehicle’s windshield one of the following:

(a) A current District of Columbia inspection sticker;

(b) A temporary sticker issued by the Director; and

(c) A temporary registration certificate issued by a registered District of Columbia dealer or repair shop when transferring ownership for registration purposes.

602.5 Whenever a person located in the District of Columbia acquires a motor vehicle which displays on the windshield a valid approved inspection sticker issued by any State that has a compulsory motor vehicle inspection law, that vehicle may be operated without the requirement of any other inspection sticker for a period of fifteen (15) days from the date of acquisition of the vehicle or until issuance by the Director of a sticker containing the words TEMPORARY STICKER - NEWLY REGISTERED VEHICLE, whichever is the shorter period.

602.6 No later than the fifteenth (15th) day, the vehicle shall be presented for official inspection as required and shall display only the inspection sticker issued by the Director.

602.7 A vehicle owned by a non-resident and currently registered in another jurisdiction shall display the proper inspection sticker issued for the vehicle in accordance with the requirements of the issuing jurisdiction.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR §§ 4.203, 4.204(a)-(d), Special Edition; as amended by § 4(e) of the Historic Motor Vehicle Act of 1971, effective February 25, 1978 (D.C. Law 2-41; 24 DCR 3629, 3633 (November 11, 1977)); as amended by Final Rulemaking published at 32 DCR 1526, 1532 (March 15, 1985); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 602

18 DCMR § 603 VEHICLE INSPECTION: APPROVED VEHICLES

603.1 If, upon inspection of any vehicle, the Director determines it does not conform to the standards in the current edition of the “Lane Operator’s Manual”, or when applicable, the current edition of the “AAMVA Manual” and this Title, the Director shall issue to the registrant or person desiring registration a rejection sticker.

603.2 The inspection sticker will permit the operation and use of the motor vehicle or trailer until the registrant or person desiring registration is notified by the Director to present the motor vehicle or trailer for another inspection; Provided, that the registrant or other person has complied with the provisions of this title and all other applicable provisions of law.

603.3 If a registrant or a person who desires registration to whom an approved inspection sticker was issued, loses or disposes of his or her legal title to the vehicle, the person who acquires it, or that person’s agent, may operate the vehicle bearing the sticker until such time as that person is required by the Director to present the vehicle for inspection; Provided, that the person has complied with the provisions of this title and all other applicable provisions of law.

603.4 [REPEALED].

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.205, Special Edition; as amended by Regulation 74-17, effective June 29, 1974, published at 21 DCR 97 (July 22, 1974); as amended by Final Rulemaking published at 50 DCR 8197 (October 3, 2003); as amended by Final Rulemaking published at 51 DCR 10224 (November 5, 2004); as amended by Final Rulemaking published at 55 DCR 000340 (January 11, 2008); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 603

18 DCMR § 604 VEHICLE INSPECTION: REJECTED VEHICLES

604.1 If, upon inspection of any vehicle, the Director determines it does not conform to the standards in the current edition of the “Lane Operator’s Manual”, or when applicable, the current edition of the “AAMVA Manual” and this Title, the Director shall issue to the registrant or person desiring registration a rejection sticker.

604.2 [REPEALED].

604.3 If a rejection sticker is issued, the operation and use of the vehicle will be permitted for twenty (20) days from the date of issuance; Provided, that the registrant or the person desiring registration to whom the rejection sticker was issued continues to hold legal title to the vehicle; and Provided further, that the registrant or other person has complied with this title and all other applicable provisions of law.

604.4 A registrant, or any person desiring registration, to whom a rejection sticker was issued shall not park or permit the parking of the vehicle on any public space after the expiration date of the rejection sticker.

604.5 In the event a registrant or a person who desires registration, and to whom a rejection sticker was issued, loses or disposes of legal title to the vehicle, the person, or his or her agent who acquires it, may operate the vehicle during the remainder of the twenty (20) day period provided in § 604.3.

604.6 [REPEALED].

604.7 [REPEALED].

604.8 [REPEALED].

604.9 [REPEALED].

604.10 [REPEALED].

604.11 If a motor vehicle fails the emissions testing portion of the mechanical inspection, it shall be issued a rejection sticker pursuant to §604.1.

604.12 Under § 603.1, a vehicle failing the emissions testing portion of the mechanical inspection shall not qualify for issuance of an approval sticker even if it meets all safety -related portion of the inspection.

604.13 An approval sticker shall only be issued upon the vehicle’s passing an emissions test.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.206(a), Special Edition; as amended by Regulation 74-17, effective June 29, 1974, published at 21 DCR 97 (July 22, 1974); as amended by § 2 of the Rejected Vehicle Inspection Extension Act, effective September 18, 1976 (D.C. Law 1-84; 23 DCR 1071 (August 10, 1976)); as amended by Final Rulemaking published at 30 DCR 5740 (November 4, 1984); as amended by Final Rulemaking published at 31 DCR 5872 (November 23, 1984); as amended by Final Rulemaking published at 49 DCR 748 (January 25, 2002); as amended by Final Rulemaking published at 50 DCR 8197 (October 3, 2003); as amended by Final Rulemaking published at 53 DCR 848 (February 10, 2006); as amended by Final Rulemaking published at 55 DCR 000340 (January 11, 2008); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 604

18 DCMR § 605 REINSPECTION OF REJECTED VEHICLES

605.1 Any motor vehicle or trailer to which a rejection sticker was issued shall be issued an “approved” inspection sticker upon determination that the items for which the rejection sticker was issued have been brought into compliance with applicable equipment and exhaust emission standards.

605.2 The determination that the items that were the basis for the issuance of the rejection sticker have been brought into compliance with the applicable standard and the subsequent issuance of an “approved” inspection sticker may be made by personnel of the motor vehicle inspection facilities operated by the District of Columbia, except as provided in § 600.6.

605.3 [REPEALED].

605.4 [REPEALED].

605.5 [REPEALED].

605.6 [REPEALED].

605.7 [REPEALED].

605.8 [REPEALED].

605.9 [REPEALED].

605.10 [REPEALED].

605.11 [REPEALED].

605.12 [REPEALED].

605.13 [REPEALED].

605.14 [REPEALED].

605.15 [REPEALED].

605.16 [REPEALED].

605.17 [REPEALED].

605.18 [REPEALED].

605.19 [REPEALED].

605.20 [REPEALED].

605.21 [REPEALED].

605.22 [REPEALED].

605.23 [REPEALED].

605.24 [REPEALED].

605.25 [REPEALED].

605.26 [REPEALED].

605.27 [REPEALED].

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.206(c), Special Edition; as amended by § 2(b) of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980, effective March 5, 1981 (D.C. Law 3-152; 27 DCR 4907 (November 7, 1980)); as amended by Final Rulemaking published at 29 DCR 3249 (July 30, 1982); as amended by Final Rulemaking published at 38 DCR 801 (January 25, 1991); as amended by Final Rulemaking published at 52 DCR 5639 (September 23, 2005); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 605

18 DCMR § 606 VEHICLE INSPECTION: CONDEMNED VEHICLES

606.1 If, upon any mechanical inspection of a motor vehicle or trailer, the Director determines that the motor vehicle cannot be operated or the trailer cannot be moved without endangering the general safety of the District, the Director shall issue a “condemned” sticker to the registrant or other person desiring registration.

606.2 If, upon any mechanical inspection of a motor vehicle or trailer, the Director determines it does not conform to the equipment standards contained in the current “Lane Operator’s Manual or when applicable, the current “AAMVA Manual”, the Director shall issue to the registrant or person desiring registration a “condemned” sticker.

606.3 A registrant or person desiring registration, and to whom a “condemned” sticker was issued for a motor vehicle, shall not operate, or permit the operation of the motor vehicle upon any public highway unless and until the sticker is removed by the Director, except as provided in this section. The vehicle may be towed upon any public highway solely for the purpose of moving it to or from an inspection station.

606.4 Upon presentation of evidence satisfactory to the Director that adequate repairs have been made to the vehicle, he or she may issue a permit authorizing a motor vehicle for which a “condemned” sticker was issued to be driven from the garage to the inspection station by the most direct route.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.207, Special Edition; as amended by Regulation No. 74-17, effective June 29, 1974, published at 21 DCR 97 (July 22, 1974); as amended by the Vehicle Inspection Improvement Amendment Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 289 (January 8, 2010)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 606

18 DCMR § 607 PLACEMENT OF INSPECTION STICKERS ON VEHICLES

607.1 “Approved” stickers, “rejection” stickers, “condemned” stickers, temporary inspection stickers, and temporary registration certificates for all motor vehicles other than autocycles, motorcycles, motor-driven cycles, and trailers shall be affixed to the windshield in the area of the right windshield wiper arm.

607.2 On small compacts and foreign cars on which the windshield lies in a flat plane, stickers and certificates may be affixed to the lower right-hand corner of the windshield.

607.3 “Approved” stickers, “rejection” stickers, “condemned” stickers, temporary inspection stickers and temporary registration certificates for motorcycles, motor-driven cycles, and trailers shall be affixed to the identification tag. Mounting tabs shall be bolted to either corner of the identification tag.

History

SOURCE: Section 2(o) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)), 32 DCRR § 4.301, Special Edition; as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 607

18 DCMR § 608 LOST, MUTILATED, OR DETACHED INSPECTION STICKERS

608.1 If an inspection sticker becomes wholly or partly detached from the place where it was attached or becomes mutilated or lost, the registrant or the person desiring registration to whom the sticker was issued, or his or her agent, shall, within seventy-two (72) hours after the detachment, mutilation, or loss is discovered, present the motor vehicle or trailer to which the sticker was attached to the District inspection station where it was originally inspected, accompanied by the sticker, unless the sticker is lost.

608.2 If the sticker is mutilated, it shall be accompanied by a written statement explaining how the mutilation occurred.

608.3 If the sticker was lost, the motor vehicle or trailer shall be accompanied by a written statement explaining how the loss occurred.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.208, Special Edition. District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 608

18 DCMR § 609 INSPECTION OF NON-REGISTERED MOTOR VEHICLES

609.1 Inspection of non-registered motor vehicles for which no fee shall be charged shall be limited to the following purposes:

(a) Verification of identification numbers when required under this section, unless verification can be made as provided in § 401.15; and

(b) Cases in which the safe mechanical condition of a vehicle is questioned by the police or other authority.

609.2 Except as provided in § 609.1, any motor vehicle not registered in the District of Columbia that is inspected shall pay inspection fees in accordance with §§ 601.16 and 601.17.

609.3 Fees for the inspection of a motor vehicle that is not registered in the District shall be paid at the time of the inspection.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, published at 19 DCR 61 (July 24, 1972), which adopted the Special Edition of the D.C. Register entitled “Title 32, Department of Motor Vehicles, Motor Vehicle Regulations for the District of Columbia” into Title 32 of the District of Columbia Rules and Regulations (DCRR); 32 DCRR § 4.302, Special Edition; as amended by Final Rulemaking published at 48 DCR 1150 (February 9, 2001); as amended by Final Rulemaking published at 48 DCR 6261 (July 13, 2001). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 609

18 DCMR § 610 REINSPECTOR CERTIFICATION

610.1 All reinspection stations shall have in their employment at least one (1) employee who is certified by the District Government as a motor vehicle reinspector for those rejection items that the reinspection station is licensed to reinspect.

610.2 A reinspector may certify reinspections of only those rejection items for which he or she is certified.

610.3 A reinspector shall be responsible for certifying that, on completion of repairs to rejected vehicle safety items, those items are in conformance with standards for those items contained in this title.

610.4 Upon determining that those rejected items are in conformance with the applicable standards, a reinspector shall signify approval by signing the DPW issued reinspection card and shall place an approved inspection sticker on the vehicle in the location prescribed in the Manual.

610.5 Reinspector certification shall be issued by the Department of Consumer and Regulatory Affairs for a period of two (2) years, from June 30th of every even-numbered year.

610.6 Any application approved during the first twelve (12) months of the certification period shall be considered as beginning on the first day of that certifying period and shall extend for the entire normal certifying period. The total fee of twenty-five dollars ($ 25) shall be paid at the time of the issuance of certification.

610.7 Any application approved after the first twelve (12) months of the normal certifying period shall be considered as beginning on that day and extending for the remainder of that certifying period. A fee of twelve dollars and fifty cents ($12.50) shall be paid at the time of issuance of certification.

610.8 A certified reinspector shall notify the Department of Consumer and Regulatory Affairs of his or her place of employment at the time of application and any subsequent changes.

610.9 Determination of a candidate’s knowledge of reinspection shall be made by the Director, DPW for all inspections categories except exhaust emission (18 DCR §§ 750 and 751), according to the following criteria:

(a) Evidence of successful completion of Automotive Service Excellence (ABE) tests in areas other than exhaust emissions, with at least two (2) years remaining before the ABE certificate of competency expires; and

(b) After presentation of proper evidence for subparagraph (a) of this section, successful completion of a “hands-on” proficiency test administered by the Department of Motor Vehicles’ personnel. The test shall consist of, but not be limited to, the following:

(1) Review of rules, regulations, and vehicle standards contained in chapters 6 and 7 of this title;

(2) Calibration and operation of any necessary test equipment;

(3) Performance of reinspection of appropriate items; and

(4) Determination of repairs necessary to correct rejected items.

History

SOURCE: Final Rulemaking published at 39 DCR 3249, 3252 (July 30, 1982); as amended by Final Rulemaking published at 38 DCR 801, 802 (January 25, 1991); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006).

18 DCMR § 611 INSPECTION STICKER ISSUANCE CONTROL

611.1 Approved motor vehicle inspection stickers may be obtained by a licensee from the DPW, Bureau of Motor Vehicle Services (hereinafter referred to as “BMVS”).

611.2 Approved inspection stickers shall be used only in the month for which they are valid.

611.3 Any unused, defective or voided stickers shall be returned to BMVS as a condition for the issuance of any additional approved stickers.

611.4 Stickers shall be used in numerical sequence.

611.5 The serial number of the approved inspection sticker and the District registration tag number of the vehicle to which that sticker was issued shall be recorded on forms provided by DPW. Copies of these forms shall be returned to BMVS as a condition for the issuance of any additional approved stickers.

611.6 Stickers shall be secured in a locked place of limited access (such as a safe or locked cabinet) and the licensee shall be responsible for their security.

611.7 Upon discovering that stickers have been stolen or otherwise unaccounted for, the licensee shall notify the BMVS within one (1) business day of discovery.

611.8 Upon the suspension, revocation, or discontinuation of a station’s license, all unused stickers and copies of any records on sticker issuance shall be returned to the BMVS within twenty-four (24) hours of the discontinuation.

History

SOURCE: Final Rulemaking published at 29 DCR 3249, 3253 (July 30, 1982).

18 DCMR § 612 REINSPECTION CARD CONTROL AND REPAIR RECORDS

612.1 A “motor vehicle reinspection card” issued by the DPW vehicle inspection stations shall be presented with a rejected vehicle for reinspection at a licensed reinspection station.

612.2 A certified reinspector shall sign the reinspection card after the reinspection has been completed and an approved inspection sticker has been placed on the vehicle.

612.3 A certified reinspector shall also provide the information specified on the reinspection card at the completion of the reinspection.

612.4 Reinspection cards shall be secured in a locked place of limited access (such as a safe or locked cabinet), and the licensee shall be responsible for their security.

612.5 Upon discovering that cards have been stolen or otherwise unaccounted for, the licensee shall notify the BMVS within one (1) business day of discovery.

612.6 Any completed and signed reinspection cards shall be returned to BMVS as a condition for the issuance of additional approved inspection stickers.

612.7 Upon the suspension, revocation, or discontinuation of a station’s license, all completed and signed reinspection cards shall be returned to BMVS within twenty-four (24) hours of discontinuation.

612.8 Class I licensees shall comply with all recordkeeping requirements of chapter 6 of DCMR Title 16.

612.9 Records required to be maintained by this part shall be made available by the licensee for examination by employees of the Bureau of Motor Vehicles at any time during regular business hours. Investigators and other BMVS personnel shall be granted access to the licensee’s property during regular business hours.

612.10 Failure to permit investigators and other BMVS personnel on the premises of the licenses during regular business hours for purposes of conducting investigations shall be cause for suspension. The investigations may include discussions with customers, examinations of machinery, questioning of employees, and any other investigatory techniques as may be necessary for the enforcement of applicable provisions of DCMR Title 18, chapters 6 and 7.

History

SOURCE: Final Rulemaking published at 29 DCR 3249, 3254 (July 30, 1982).

18 DCMR § 613 FACILITIES AND EQUIPMENT

613.1 Licensed reinspection stations shall be housed in a building having garage type entrance and one (1) or more service bays.

613.2 [Deleted] 38 DCR 801, 802 (January 25, 1991)

613.3 A vehicle lift or heavy duty floor jack shall be available on the premises of all Class I “full service” stations, all Class II stations, and all Class I “limited service” stations licensed to certify repairs in the brake, steering, and suspension categories.

613.4 Brake testing equipment, of a drive-on horizontal scale or roller tester type, shall be available on the premises of all Class I “full service” stations, all Class II stations, and all Class I “limited service” stations licensed to certify repairs in the brake system category. A suitable road test procedure approved by the Director, DPW, may be used in place of the equipment cited in this section.

613.5 A tire tread depth gauge calibrated in 32nds of an inch shall be available on the premises of Class I “full service” stations, Class II stations and Class I “limited service” centers licensed to certify repairs in the steering, suspension, tires, and wheel category.

History

SOURCE: Final Rulemaking published at 29 DCR 3249 (July 30, 1982); as amended by Final Rulemaking published at 38 DCR 801, 802 (January 25, 1991).

18 DCMR § 614 [REPEALED]

History

SOURCE: Final Rulemaking published at 38 DCR 801 (January 25, 1991). EXHAUST EMISSIONS ANALYZERS was repealed with Final Rulemaking published at 38 DCR 801 (January 25, 1991). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 614

18 DCMR § 615 LICENSE DISPLAY, IDENTIFYING SIGN, AND ADVERTISING

615.1 A current reinspection station license shall be conspicuously displayed in the licensee’s place of business.

615.2 Licenses shall describe the class and rejection categories which the reinspection station is limited.

615.3 All Class I licensees shall conspicuously display an identifying sign made to Department of Motor Vehicles specifications and indicating the following:

(a) Official authorization to perform vehicle reinspection services;

(b) The reinspection services offered; and

615.4 Any advertisements of reinspection service shall include a description of the class and rejection categories in which the station is licensed.

History

SOURCE: Final Rulemaking published at 29 DCR 3249, 3256 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006).

18 DCMR § 616 DENIAL, SUSPENSION, AND REVOCATION OF LICENSE OR CERTIFICATION

616.1 The Director, DCRA may suspend or revoke the reinspection station license or reinspection certification for cause, including but not limited to, the commission of one (1) or more of the following:

(a) Violation of any provisions of this chapter or any other applicable provisions of DCMR Title 18;

(b) Knowingly make false statements or misrepresentations in securing the business license or in the conduct of the licensed activity;

(d) Violation of any applicable provisions of § 600 of DCMR Title 16.

616.2 CRA procedures that apply to the suspension or revocation of businesses licensed by DCRA, including hearing and appeal procedures, shall apply to the suspensions or revocation of a reinspection station license or reinspection certification under § 616.1.

616.3 Upon suspension or revocation of a reinspection license, the licensee shall surrender to the Director, DCRA the reinspection license and remove the reinspection station sign from public view.

616.4 Upon suspension or revocation of a reinspector certification the reinspector shall surrender to the Director, DCRA, the reinspector certification.

History

SOURCE: Final Rulemaking published at 29 DCR 3249, 3257 (July 30, 1982).

18 DCMR § 617 INSPECTOR CERTIFICATION

617.1 All IM-240 exhaust emissions inspections, established by § 752, performed as part of the District of Columbia Motor Vehicle Inspection Program shall be performed by inspectors who have been certified by the Director as to their knowledge of the inspection procedures and technical matters related to those procedures.

617.2 Inspector certifications shall be issued by the Director for a period of two (2) years.

617.3 For inspectors who have not previously been issued a certificate, the Director’s determination of an individual’s knowledge of the IM-240 inspection procedures and technical matters related to those procedures shall be based upon the candidate’s successful completion of the following items:

(a) The Department of Motor Vehicles training course;

(b) A written test passed with a minimum of eighty percent (80%) correct responses, that shall consist of, but not be limited to, the following topics:

(1) Rules, regulations and vehicle standards contained in chapters 6 and 7 of this title;

(2) Rules, regulations and standards contained in 40 CFR part 51 related to IM-240 inspections;

(3) Calibration, operation, and maintenance of any necessary test equipment; and

(4) Other requirements related to IM-240 inspections as specified in 40 CFR Part 51.367; and

(1) Performance of the IM-240 test within operational guidelines established by the Director, DPW; and

(2) Calibration, operation, and maintenance of any necessary test equipment.

617.4 For inspectors who have been issued a certificate, but who seek renewal at the expiration of the two (2) year certification period, the Director shall establish the procedures as he or she considers necessary to determine the inspector’s knowledge of the IM-240 inspection procedures and technical matters related to those procedures, including requiring the inspector to take refresher training.

History

SOURCE: Final Rulemaking published at 41 DCR 3802 (June 17, 1994); as amended by Final Rulemaking published at 41 DCR 4936 (July 22, 1994); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006).

18 DCMR § 618 AUTOMOTIVE EMISSIONS REPAIR TECHNICIAN

618.1 The Department may provide training and retraining in the appropriate IM 240 diagnostic and repair procedures and technical matters related to those procedures, and shall maintain a list of approved courses providing equivalent training.

618.2 A training course offered by the Department, and any training course approved by the Director, must, at a minimum, require Automotive Emissions Repair Technicians to pass:

(a) A written test that consists of, but is not necessarily limited to, the following topics:

(1) Diagnostic and repair procedures for IM-240 related emission failures;

(2) The relationships between automotive emissions and air pollution;

(3) Rules, regulations and vehicle standards contained in chapters 6 and 7 of this title; and

(4) Rules, regulations and standards contained in 40 CFR Part 5 1.370 regarding IM-240 inspections; and

(b) A proficiency examination conducted to test the Automotive Emissions Repair Technician’s independent knowledge of the subject and repair techniques. The proficiency examination shall consist of, but is not necessarily limited to, the following topics and skills:

(1) Performance of IM-240 related emission diagnostic procedures;

(2) Performance of IM-240 related emission repair procedures; and

(3) Calibration, operation, and maintenance of any necessary test equipment.

618.3 The Director of the Department of Motor Vehicles, in consultation with the Director of the Department of Consumer and Regulatory Affairs, shall establish the criteria for passing the tests established by this section.

618.4 The Director shall issue an Automotive Emissions Repair Technician certification to any person who has successfully completed a training course offered or approved by the Department. The certification shall be valid for a period of two (2) years.

618.5 The Director may issue an Automotive Emissions Repair Technician Certification to any person who has received certification by another state, if that state has been designated by the U.S. Environmental Protection Agency as being in serious non-attainment for ozone, or if that state is implementing an enhanced motor vehicle inspection and maintenance program pursuant to federal law, and if the certification is valid at the time of application for certification in the District.

618.6 The Director shall issue an Automotive Emissions Repair Technician recertification upon proof that the applicant has successfully completed a recertification training course offered or approved by the Department. The recertification course must, at a minimum, require Automotive Emissions Repair Technicians to pass written and performance examinations to determine skill and knowledge of the IM-240 diagnostic and repair procedures, and technical matters related to those procedures.

History

SOURCE: Final Rulemaking published at 41 DCR 4936 (July 22, 1994); as amended by Final Rulemaking published at 46 DCR 4201 (May 7, 1999); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006).

18 DCMR § 619 VEHICLE EMISSION RECALL COMPLIANCE

619.1 Owners of all motor vehicles subject to unresolved emissions recall notices issued after November 1, 1998, shall provide proof at the next motor vehicle inspection or vehicle registration renewal date that the necessary repairs were completed.

619.2 Failure to complete the required recall repairs, and to provide proof that the repairs were completed, shall result in the failed inspection of the vehicle or the denial of vehicle registration, whichever occurs first.

619.3 Proof of recall repairs shall be documented by electronic records or paper receipts provided by a certified IM-240 automotive emissions repair technician.

619.4 Documentation verifying required repairs shall include the following:

(a) The VIN, make, and model year of the vehicle;

(b) The recall campaign number;

(d) The date repairs were completed.

619.5 Compliance with this section shall be required at the next registration or inspection date, allowing a reasonable period to comply, after notification of recall is received by the District.

History

SOURCE: Final Rulemaking published at 44 DCR 5966 (October 17, 1997). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 619

18-7 MOTOR VEHICLE EQUIPMENT

18 DCMR § 700 GENERAL PROVISIONS

700.1 The rules and regulations contained in this chapter shall govern the requirements for vehicle equipment on vehicles registered in or using the streets and highways of the District of Columbia, including but not limited to lighting equipment, safety glass, brakes, horns and other warning devices, and safety belts.

700.2 No person shall drive or move, or cause or knowingly permit to be driven or moved, on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, and no person shall do any act forbidden or fail to perform any act required under this chapter.

700.3 Where the Director has found that a vehicle is not of conventional design and construction, or where proof is offered that equipment as required by this chapter is not available for replacement purposes or cannot be made available by the manufacturer, that vehicle may be exempted from the requirements of this chapter, upon issuance by the Director of an “approved” inspection sticker. In the case of temporary unavailability of required replacement equipment, an “approved” sticker may be issued for the period of time deemed necessary by the Director.

700.4 Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.

700.5 The provisions of this chapter which require equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except as specifically provided in this chapter.

700.6 The current edition of the Washington, DC Vehicle Inspection Program Lane Operator’s Manual (also referred to as the “Lane Operator’s Manual”) or when applicable, to the current edition of the American Association of Motor Vehicle Administrator’s Vehicle Inspection Manual (also referred to as the “AAMVA Manual”), which describes in detail certain standards, types, and various requirements regarding mechanical and other equipment relating to the safe operation of motor vehicles, is incorporated by reference in this chapter.

700.7 In case of conflict between the provisions of the current edition of the “Lane Operator’s Manual”, or when applicable, to the current edition of the “AAMVA Manual” and those contained in this chapter, the provisions of this chapter shall be applicable. Copies of the current edition of the “Lane Operator’s Manual” and the current edition of the “AAMVA Manual” are available in the Office of the Director.

700.8 Noise control regulations for motor vehicles are contained in the District of Columbia Noise Control Act of 1977.

700.9 All motor vehicles must display a manufacturer's certification of compliance, attesting that the vehicle complies with federal safety standards for use on public roads, streets, and highways, as required by the National Traffic and Motor Safety Act of 1966 (49 USC 30115) or have received a temporary exemption from specified federal motor vehicle safety standards by the National Highway Transportation Safety Administration.

History

SOURCE: Regulation No. 72-13 effective June 30. 1972. 32 DCRR §§ 6.101-6.103, Special Edition; as amended by § 15(d) of the District of Columbia Noise Control Act of 1977, effective March 16, 1978 (D.C. Law 2-53; 24 DCR 5293 (December 30, 1977)), 32 DCRR § 6.402(a); as amended by Final Rulemaking published at 51 DCR 10223 (November 5, 2004); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; 57 DCR 181, 291 (January 8, 2010)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 71 DCR 006395 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 700

18 DCMR § 701 HISTORIC MOTOR VEHICLES

701.1 Notwithstanding any other provision of this chapter, the rules and regulations in this section (except as specifically provided otherwise by the Director for safety reasons) shall govern the requirements for vehicle equipment on historic motor vehicles being operated on the streets and highways of the District in conjunction with exhibitions, expositions, parades, tours, club activities, or similar activities or events, including transportation directly to or from such activities or events.

701.2 The provisions contained in the following subsections of this title shall be applicable to historic motor vehicles being operated on the streets and highways of the District:

(a) Subsections 600. 1, 600.2, and 600.3 of chapter 6; and

(b) Sections 735 and 736 and 700.2, 700.3, 700.9, 731.2, and 731.5 of this chapter.

701.3 No historic motor vehicle shall be required to achieve or comply with any equipment, material, or design standard which it was not legally required to achieve when it was manufactured.

701.4 With the exception of the equipment restrictions set forth in §§ 732 and 716.4, 716.5, 716.6, and 730.2 of this chapter, no historic motor vehicle shall be prohibited from having any vehicle equipment, accessory, type of material, or design feature with which it was or could have been legally equipped when it was manufactured.

701.5 No historic motor vehicle shall be required to achieve or comply with any performance standard with which it was not legally required to achieve or comply when it was manufactured. Performance standards shall include, but not be limited to, standards or requirements for exhaust and noise emissions and for fuel usage.

701.6 The installation or use of additional or improved safety equipment on an historic motor vehicle which was not available when the motor vehicle was manufactured shall not disqualify the motor vehicle for classification as an historic motor vehicle; Provided, that any additional or improved safety equipment shall be maintained in proper operating condition when the motor vehicle is operated on the public streets and highways.

701.7 A vehicle registered as a class F(I) historic motor vehicle that exceeds the maximum mileage limits set forth in D.C. Official Code § 50-1501.01(j-l) shall have its registration suspended for a period of two (2) years or until such time as the owner registers the vehicle as a different class of vehicle, whichever is shorter. Such a vehicle shall not be registered as a class F (I) historic motor vehicle or class F(II) historic motor vehicle for a period of at least two (2) years from the date that its registration was suspended.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.104, Special Edition; as amended by § 4(d) of the Historic Motor Vehicle Act of 1977, D.C. Law 2-41,24 DCR 3629 (November11, 1977); as amended by D.C. Act 17-619 published at 56 D CR 203 (January 9, 2009).

18 DCMR § 702 APPROVAL OF EQUIPMENT BY DIRECTOR

702.1 The Director is authorized to approve or disapprove lighting devices and other equipment and accessories required by this chapter which are intended to be used on a motor vehicle or trailer.

702.2 The Director shall approve or disapprove any lighting device of a type for which approval is specifically required in this chapter within a reasonable time after the device has been submitted.

702.3 The Director is further authorized to set up the procedure which shall be followed when any device is submitted for approval.

702.4 No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer or use upon any such vehicle, any head lamp, auxiliary driving lamp, rear lamp, signal lamp, or reflector (required by this chapter), or any other lamp, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the Director and approved by him or her.

702.5 The Director, upon approving any lamp or device, shall issue to the applicant a certificate of approval together with any instructions determined by him or her.

702.6 The Director shall publish lists of all lamps and devices by name and type which have been approved by him or her, together with instructions as to the permissible candlepower rating of the bulbs which he or she has determined for use in them, and such other instructions with respect to adjustment as the Director may consider necessary.

702.7 Approval may be revoked if at any time a device falls below the standard of quality upon which approval was based.

702.8 When the Director has reason to believe that an approved device which is being sold commercially does not comply with this chapter, he may, after giving thirty (30) days prior notice to .the person holding the certificate of approval for the device in the District, conduct a hearing on the question of compliance of the device.

702.9 After the hearing, the Director shall determine whether the device meets the requirements of this chapter and he or she shall give notice to the person holding the certificate of approval for the device in the District.

702.10 If, at the expiration of ninety (90) days after the notice, the person holding the certificate of approval for the device has failed to satisfy the Director that the approved device as thereafter to be sold meets the requirements of this chapter, the Director shall suspend or revoke the approval issued for the device until the device is re-submitted to and re-tested by an authorized testing agency and is found to meet the requirements of this chapter.

702.11 The Director may require that all of the devices sold after the notification following the hearing be replaced with devices that do comply with the requirements of this chapter.

702.12 The Director may, at the time of the re-test, purchase on the open market and submit to the testing agency one (1) or more sets of the approved devices, and if the device upon such retest fails to meet the requirements of this chapter, the Director may refuse to renew the certificate of approval of the device.

702.13 No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer, any lamp or device mentioned in this section which has been approved by the Director, unless that lamp or device bears the trade-mark or name under which it is approved so as to be legible when installed.

702.14 No person shall use upon any motor vehicle, trailer, or semi-trailer, any lamps mentioned in this section unless the lamps are equipped with bulbs of a rated candlepower and are mounted and adjusted to focus and aim in accordance with this chapter.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 6.226 - 6.228, Special Edition.

18 DCMR § 703 LAMPS AND OTHER LIGHTING EQUIPMENT

703.1 Each vehicle operated on a highway at any time from one half (½) hour after sunset to one-half (½) hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet (500 ft.) ahead shall display lighted lamps and illuminating devices as required in this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles.

703.2 The provisions of this chapter which set forth specific distances from which certain lamps and devices shall render objects visible, or distances within which such lamps or devices shall be visible, shall apply during the times stated in this section with respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.

703.3 The provisions of this chapter which require a specific mounted height of lamps or devices shall mean a distance measured from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.

703.4 The sections of this chapter which relate to clearance and marker lamps, reflectors, and stop lights shall apply as stated in those sections to vehicles of the type enumerated in those sections; namely, passenger buses, trucks, truck trailers, and certain trailers, semi-trailers, and pole trailers, respectively, when operated upon any street or highway.

703.5 The vehicles cited in § 703.4 shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in this section, Provided, that clearance and side marker lamps need not be lighted on any such vehicle when operated where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet (500 ft.).

703.6 Whenever motor vehicles and other vehicles are operated in combination during the time when lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination; Provided, that this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rear most vehicle of any combination shall be lighted.

703.7 Whenever the load upon any vehicle extends to the rear four feet (4 ft.) or more beyond the bed or body of the loaded vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in this section, a red light or lantern plainly visible from distance of at least five hundred feet (500 ft.) to the sides and rear.

703.8 The red light or lantern required in this section shall be in addition to the red rear light required upon every vehicle.

703.9 At any other time when lights are not required, there shall be displayed at the extreme rear end of the extended load a red flag or cloth not less than twelve inches square (12 in.) which is so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

703.10 In addition to the requirements of subsection 703.1, whenever a motor vehicle’s windshield wipers are operated for a continuous period of time because of impaired visibility resulting from unfavorable atmospheric conditions, the vehicle headlamps shall also be lighted. Provided, however:

(a) A violation of this subsection shall not constitute or be used as evidence of negligence or contributory negligence, limit liability of any party or insurer, or diminish the recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(b) A police officer may enforce the provisions of this subsection only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another traffic regulation.

History

SOURCE: Regulation No 72-13 effective June 30, 1972, 32 DCRR §§ 6.201, 6.206, 6.207, 6.212, 6.213, Special Edition.

18 DCMR § 704 HEADLAMPS

704.1 Each motor vehicle other than an autocycle, motorcycle, or motor-driven cycle shall be equipped with at least two (2) head lamps which shall comply with the requirements and limitations set forth in this chapter.

704.2 Each motor vehicle required to have two (2) head lamps shall have at least one (1) head lamp on each side of the front of the motor vehicle.

704.3 Each autocycle, motorcycle, and motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this chapter.

704.4 Each head lamp on each motor vehicle, including each autocycle, motorcycle, and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches (54 in.) or less than twenty-four inches (24 in.) to be measured from the center of the lamp or device to the level ground on which the vehicle stands when the vehicle is without a load.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR §6.202, Special Edition; as amended by § 2(p) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)), 32 DCRR § 6.202(a),(c); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 704

18 DCMR § 705 TAIL LAMPS

705.1 Each motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as required, shall emit a red light plainly visible from a distance of five hundred feet (500 ft.) to the rear; Provided, that in the case of a train of vehicles, only the tail lamp on the rear most vehicle need actually be seen from the distance specified.

705.2 Each vehicle of the types listed in § 705.1 registered in the District of Columbia and manufactured or assembled after September 15, 1955; other than truck tractors manufactured or assembled prior to January 1, 1968, autocycles, motorcycles, and motor-driven cycles; shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level, and as widely spaced as practicable, which, when lighted as required, shall comply with the provisions of this section.

705.3 Each tail lamp on each vehicle shall be located at a height of not more than seventy-two inches (72 in.) or less than fifteen inches (15 in.), measured from the center of the lamp to the level ground upon which the vehicle stands when the vehicle is without a load.

705.4 Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet (50 ft.) to the rear.

705.5 Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration, shall be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR §6.202, Special Edition; as amended by § 2(p) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)), 32 DCRR § 6.202(a),(c); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 705

18 DCMR § 706 STOP LAMPS, TURN SIGNALS, AND REFLECTORS

706.1 No motor vehicle, trailer, or semi-trailer manufactured or assembled before September 15, 1957, shall be operated in the District unless same is equipped with at least one (1) stop lamp meeting the requirements of § 713.

706.2 No motor vehicle, trailer or semi-trailer manufactured or assembled on and after September 15, 1957, shall be operated in the District unless it is equipped with at least two (2) stop lamps meeting the requirements of § 713; except that truck tractors manufactured or assembled after September 15, 1957 but prior to January 1, 1968, autocycles, motorcycles, and motor-driven cycles shall be equipped with at least one (1) stop lamp meeting the requirements of § 713.

706.3 No motor vehicle, trailer, or semi-trailer, manufactured or assembled on and after September 15, 1955, shall be operated in the District unless it is equipped with electric turn signals meeting the requirements of § 713.

706.4 [REPEALED].

706.5 All signal devices shall conform to the standards and specifications of the Society of Automotive Engineers applicable to such equipment current at the time such device is attached.

706.6 Each new motor vehicle sold and operated upon a street or highway, other than a truck tractor, shall carry on the rear, either as part of the tail lamps or separately, two (2) red reflectors, except that each autocycle, motorcycle, and motor-driven cycle shall carry at least one (1) reflector meeting the requirements of this section; and Provided, that vehicles of the type listed in § 707 shall be equipped with reflectors as specifically required in this chapter. Each new motorized bicycle sold and operated upon a street or highway shall carry on the rear, either as part of the tail lamp or separately, one (1) red reflector that meets the requirements of this section.

706.7 Each reflector shall be mounted on the vehicle at a height not less than fifteen inches (15 in.) or more than sixty inches (60 in.) measured asset forth in § 703.3, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred feet (300 ft.) to fifty feet (50 ft.) from the vehicle when directly in front of lawful upperbeams of head lamps, except that visibility from a greater distance is required of reflectors on certain types of vehicles.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR §6.202, Special Edition; as amended by Regulation No.74-17 effective June 29, 1974; as amended by § 2(p), (s) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 706

18 DCMR § 707 ADDITIONAL EQUIPMENT REQUIRED ON CERTAIN VEHICLES

707.1 In addition to other equipment required in these regulations, all vehicles manufactured or assembled on and after September 15, 1957, shall be equipped as set forth in this section in accordance with the conditions stated in § 703.4.

707.2 On each bus or truck, whatever its size, there shall be the following: On the rear, two (2) reflectors, one (1) at each side; and two (2) stop lights.

707.3 On each bus or truck eighty inches (80 in.) or more in overall width, in addition to the requirements in § 707.2, there shall be the following:

(a) On the front, two (2) clearance lamps, one (1) at each side;

(b) On the rear, two (2) clearance lamps, one (1) at each side;

(d) On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear.

707.4 On each truck tractor, there shall be the following:

(a) On the front, two (2) clearance lamps, one (1) at each side; and

(b) On the rear, one (1) stop light.

707.5 On each trailer or semi-trailer having a gross weight in excess of three thousand pounds (3,000 lbs.), there shall be the following:

(a) On the front, two (2) clearance lamps, one (1) at each side;

(b) On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear; and

(c) On the rear, two (2) clearance lamps, one (1) at each side, and two (2) reflectors, one (1) at each side, and two (2) stop lights.

707.6 On each pole trailer in excess of three thousand pounds (3,000 lbs.) gross weight, there shall be the following:

(a) On each side, one (1) side marker lamp and one (1) clearance lamp which may be in combination, to show to the front, side, and rear; and

(b) On the rear of the pole trailer or load, two (2) reflectors, one (1) at each side.

707.7 On each trailer, semi-trailer, or pole trailer weighing three thousand pounds (3,000 lbs.) gross or less, there shall be the following:

(a) On the rear, two (2) reflectors, one (1) on each side; and

(b) If any trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then that vehicle shall also be equipped with two (2) stop lights.

707.8 Each tow crane or tow truck shall be equipped with flashing, blinking, or alternating warning lamp or lamps and the lamp or lamps shall be operated only while at the scene of a disabled vehicle or while actually towing a disabled vehicle.

707.9 Each warning lamp shall be of a type approved by the Director.

707.10 When two (2) lamps are used to display the warning on a tow crane or tow truck, they shall be mounted at the same level on the top of the cab and as widely spaced laterally as practicable and shall display a flashing, blinking, or alternating white or amber light or any shade of color between white and amber to the front.

707.11 The lamps used to display the warning to the rear on a tow crane or tow truck shall be mounted at the same level on the top of the cab and as widely spaced laterally as practicable and shall display a flashing, blinking, or alternating amber or red light or any shade of color between amber and red.

707.12 When a single warning lamp is used on a tow crane or tow truck, it shall be mounted on the top of the cab as near center as practicable and shall display a flashing, blinking, or alternating white or amber light or any shade of color between white and amber to the front, and an amber or red light or any shade of color between amber and red to the rear.

707.13 The warning light or lights on a tow crane or tow truck shall be visible from a distance of not less than five hundred feet (500 ft.) under normal atmospheric conditions.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.208, Special Edition.

18 DCMR § 708 COLOR AND MOUNTING OF REFLECTORS, CLEARANCE LAMPS, SIDE MARKER LAMPS, AND BACK-UP LAMPS

708.1 Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

708.2 Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

708.3 All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except as provided in § 708.4.

708.4 The stop light or other signal device mounted on the rear of a vehicle may be red, amber, or yellow; the light illuminating the license plate shall be white; and the light emitted by a back-up lamp shall be white.

708.5 Reflectors, when required by § 707 shall be mounted at a height of not less than twenty-four inches (24 in.) and not higher than sixty inches (60 in.) above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches (24 in.), the reflector at that point shall be mounted as high as that part of the permanent structure will permit.

708.6 The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

708.7 Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all of the other reflector requirements of this chapter.

708.8 Vehicles titled or registered before January 1, 1956, may have the reflectors mounted less than twenty-four inches (24 in.), but not less than twenty inches (20 in.), above the ground.

708.9 Clearance lamps shall be mounted on the permanent structure of the vehicle in a manner which will indicate the extreme width of the vehicle, and as near the top of the vehicle as practicable.

708.10 Clearance lamps and side marker lamps may be mounted in combination; Provided, that illumination is given as required herein with reference to both and on busses when the outside windows are illuminated.

708.11 All reflectors, clearance lamps, and marker lamps shall conform to the standards and specifications of the Society of Automotive Engineers applicable to such equipment current at the time the devices are attached.

History

SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR § 6.209, Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974.

18 DCMR § 709 VISIBILITY OF REFLECTORS, CLEARANCE LAMPS, AND MARKER LAMPS

709.1 Each reflector on any vehicle referred to in § 707 shall be of such size and characteristics and so maintained as to be readily visible at night-time from all distances within five hundred feet (500 ft.) to fifty feet (50 ft.) from the vehicle when directly in front of upper beams of head lamps. (NOTE: see § 715)

709.2 Reflectors required to be mounted on the front and sides of the vehicle shall reflect the required color of light to the front and sides, and those mounted on the rear shall reflect a red color to the rear.

709.3 Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet (500 ft.) from the front and rear of the vehicle, respectively

709.4 Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet (500 ft.) from the side of the vehicle on which mounted.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.211, Special Edition.

18 DCMR § 710 LAMPS ON OTHER VEHICLES AND EQUIPMENT

710.1 All vehicles, including animal-drawn vehicles and including those referred to in § 700.5 not specifically required to be equipped with lamps, shall at the times specified in § 703 be equipped with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet (500 ft.) to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet (500 ft.) to the rear.

710.2 Each self-propelled unit of farm equipment not equipped with an electric lighting system shall, pursuant to §§ 703 and 710.1, be equipped with two (2) red reflectors visible from a distance of at least six hundred feet (600 ft.) to the rear when directly in front of the beams of head lamps being operated in accordance with the law.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.214, Special Edition.

18 DCMR § 711 SPOT LAMPS AND AUXILIARY LAMPS

711.1 Any motor vehicle may be equipped with not more than two (2) spot lamps and each lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet (100 ft.) ahead of the vehicle.

711.2 Any motor vehicle may be equipped with not more than two (2) fog lamps mounted on the front at a height not less than twelve inches (12 in.) or more than thirty inches (30 in.) above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet (25 ft.) ahead project higher than a level of four inches (4 in.) below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head-lamp beams as specified in § 715.

711.3 Any motor vehicle may be equipped with not more than two (2) auxiliary passing lamps mounted on the front at height not less than twenty-four inches (24 in.) or more than forty-two inches (42 in.) above the level surface upon which the vehicle stands.

711.4 Any motor vehicle may be equipped with not more than two (2) auxiliary driving lamps mounted on the front at height not less than sixteen inches (16 in.) or more than forty-two inches (42 in.) above the level surface upon which the vehicle stands.

711.5 The provisions of § 715 shall apply to any combination of head lamps and auxiliary passing lamps.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.215, Special Edition.

18 DCMR § 712 AUDIBLE AND VISUAL SIGNALS

712.1 (a) The Director may register as an authorized emergency vehicle the following:

Vehicles of a fire or police department;

An ambulance;

(3) An official government-owned vehicle used for the emergency care or preservation of life, health, and property; and

(4) An official vehicle owned by the Animal Care and Control Agency, established pursuant to section 3 of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code § 8-I 802), used for responding to an animal-related emergency, as that term is defined in section 9901 .I of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901.1).

(b) An animal control officer may not operate a vehicle authorized as an emergency vehicle until the officer has received comprehensive training in the areas of liability, driving skills and decision-making, and emergency vehicle operation. The Animal Care and Control Agency shall be liable for its negligence and the negligence of its employees or agents in the operation of emergency vehicles.

712.2 Each authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by these regulations, be equipped with a siren, exhaust whistle, or bell capable of giving a signal audible under normal conditions from a distance of not less than five hundred feet (500 ft.) and of a type approved by the Director; and with at least one (1) lighted lamp displaying a red light capable of flashing alternately and visible under normal atmospheric conditions from a distance of five hundred feet (500 ft.) to the front of the vehicle.

712.3 A police vehicle, when used as an authorized emergency vehicle, may (but need not) be equipped with at least one (1) lighted lamp displaying a red light as specified in this section.

712.4 Whenever an emergency vehicle is equipped with a siren, the siren shall not be used except when the vehicle is being operated in response to an emergency call; or in the immediate pursuit of an actual or suspected violator of the law, in which case, the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the approach of the vehicle.

712.5 Each school bus and multi-purpose school vehicle registered in the District of Columbia shall be equipped with red flashing signal lamps. The lamps shall be mounted as high and as widely spaced laterally as practicable, and shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level.

712.6 School buses designed to carry fifteen (15) or fewer passengers and multi-purpose school vehicles shall have the lamps mounted on the roof; provided, that any school bus which, prior to February 14, 1971, was in compliance with then existing requirements shall not be required to change the location of the lamps.

712.7 Flashing red lights on school buses shall have sufficient intensity to be visible when flashing at five hundred feet (500 ft.) in normal sunlight.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.216, Special Edition; as amended by Regulation 74-17 effective June 29, 1974; as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013); as amended by the Animal Care and Control Omnibus Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-346; 70 DCR 000570 (January 20, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 712

18 DCMR § 713 SIGNAL LAMPS AND SIGNAL DEVICES

713.1 Any motor vehicle may be equipped, and when required by this chapter shall be equipped, with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet (100 ft.) to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake and which may (but need not be) incorporated with one (1) or more other rear lamps.

713.2 Stop lamps on motor-driven cycles and motorized bicycles may be actuated upon application of the left handlebar brake.

713.3 Any motor vehicle may be equipped; and when required, shall be equipped; with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or left.

713.4 When lamps are used for turn indicators, the lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable, and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than one hundred feet (100 ft.) to the front in normal sunlight. The lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable, and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of’ not less than one hundred feet (100 ft.) to the rear in normal sunlight.

713.5 When actuated, turn indicator lamps shall indicate the direction of the intended turn by flashing the light showing to the front and rear on the side toward which the turn is going to be made.

713.6 No stop lamp or signal lamp shall project a glaring light.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.217, Special Edition; as amended by § 2(t) of the District of Columbia Motorized Bicycle Act, D.C. Law 1-110, 23 DCR 4954 (January 21, 1977).

18 DCMR § 714 ADDITIONAL LIGHTING EQUIPMENT

714.1 Any motor vehicle may be equipped with not more than two (2) sidecowl or fender lamps which shall emit an amber or white light without glare.

714.2 Any motor vehicle may be equipped with not more than one (1) running-board courtesy lamp on each side of the vehicle which shall emit white or amber light without glare.

714.3 Any motor vehicle may be equipped with not more than two (2) back-up lamps either separately or in combination with other lamps, but the back-up lamps shall not be lighted when the motor vehicle is in forward motion, nor shall they have a maximum intensity of more than seven hundred fifty (750) beam candlepower per lamp.

714.4 Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing, and when so equipped may display the warning in addition to any other warning signals required by this chapter.

714.5 The lamps used to display a warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.

714.6 The lamps used to display a warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber or red.

714.7 Warning lights shall be visible at night from distance of not less than fifteen hundred feet (1500 ft.) under normal atmospheric conditions.

714.8 When a vehicle is equipped with warning lamps there shall be an illuminated indicator to give the operator a clear and unmistakable indication that the lamps are turned on.

714.9 The illuminated indicator shall consist of one (1) or more bright lights flashing at the same frequency as the warning lamps, and shall be plainly visible to drivers of all heights when seated in normal position in the driver’s seat while driving in bright sunlight.

714.10 Any commercial vehicle eighty inches (80 in.) or more in overall width may be equipped with not more than three (3) identification lamps showing to the front which shall emit an amber light without glare and not more than three (3) identification lamps showing to the rear which shall emit a red light without glare. These lamps shall be placed in a row and shall be mounted horizontally.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.214, Special Edition.

18 DCMR § 715 MULTIPLE-BEAM ROAD LIGHTING EQUIPMENT

715.1 Except as provided otherwise in this section, the headlamps, the auxiliary driving lamp, the auxiliary passing lamp, or combination of such lamps on motor vehicles other than autocycles, motorcycles, or motorized bicycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations. These lamps may be so arranged that the selection can be made automatically, subject to the limitations stated in this section.

715.2 There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350 ft.) ahead for all conditions of loading.

715.3 There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of least one hundred feet (100 ft.) ahead; and on a straight, level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

715.4 Each new motor vehicle, other than an autocycle, motorcycle, or motor-driven cycle, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. This indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

715.5 Each motor vehicle equipped with multiple-beam head lamps operating on the highways of the District when lights are required shall use the lower or city-driving beam.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR §6.219, Special Edition; as amended by Regulation No.74-17 effective June 29, 1974; as amended by § 2(p), (q) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 715

18 DCMR § 716 SINGLE-BEAM ROAD LIGHTING EQUIPMENT

716.1 Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to January 1, 1950, in place of multiple-beam road-lighting equipment specified in § 715, if the single distribution of light complies with the requirements and limitations set forth in this section.

716.2 The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall, at a distance of twenty-five feet (25 ft.) ahead, project higher than a level of five inches (5 in.) below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches (42 in.) above the level on which the vehicle stands, at a distance of seventy-five feet (75 ft.) ahead.

716.3 The intensity shall be sufficient to reveal persons and vehicles at a distance of at least one hundred feet (100 ft.) ahead on a straight, level road.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.220, Special Edition.

18 DCMR § 717 LIGHTING EQUIPMENT ON MOTOR-DRIVEN CYCLES AND MOTORIZED BICYCLES

717.1 The headlamp or headlamps on each motor-driven cycle or motorized bicycle, whether of the single-beam or multiple-beam type, shall comply with the requirements and limitations of this section.

717.2 Each headlamp on a motor-driven cycle or motorized bicycle shall be of sufficient intensity to reveal a person or a vehicle as follows:

(a) At a distance of not less than one hundred feet (100 ft.) when the motor-driven cycle or motorized bicycle is operated at any speedless than twenty-five miles per hour (25 mph);

(b) At a distance of not less than two hundred feet (200 ft.) when the motor-driven cycle or motorized bicycle is operated at a speed of twenty-five miles per hour (25 mph) or more; and

(c) At a distance of not less than three hundred feet (300 ft.) when the motor-driven cycle or motorized bicycle is operated at a speed of thirty-five miles per hour (35 mph) or more.

717.3 If a motor-driven cycle or motorized bicycle is equipped with a multiple-beam headlamp or headlamps, it shall meet the following requirements:

(a) The upper beam shall meet the minimum requirements of § 717.2 and shall not exceed the limitations set forth in § 715; and

(b) The lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in § 715.

717.4 If a motor-driven cycle or motorized bicycle is equipped with a single-beam lamp or lamps, the lamp(s) shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet (25 ft.) ahead shall project higher than the level of the center of the lamp from which it comes.

717.5 Each motor-driven cycle and motorized bicycle equipped with multiple-beam headlamp(s) operating on the highways of the District when lights are required shall use the lower or city-driving beam.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §6.221 Special Edition; as amended by § 2(u) of the District of Columbia Motorized Bicycle Act, D.C Law 1-110 23 DCR 4954 (January 21, 1977).

18 DCMR § 718 ROAD LIGHTING EQUIPMENT: SPECIAL REQUIREMENTS

718.1 At all times specified in § 702, at least two (2) lighted lamps displaying not less than four thousand (4,000) beam candlepower per lamp shall be displayed, one (1) on each side of the front of each motor vehicle, other than an autocycle, motorcycle, or motor-driven cycle.

718.2 Whenever a motor vehicle equipped with head-lamps as required in this chapter is also equipped with any auxiliary lamp(s), spot lamp, or any other lamp on the front projecting a beam of an intensity greater than three hundred (300) candlepower, no more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a street or highway.

718.3 Any motor vehicle may be operated under the conditions specified in § 703 when equipped with two (2) lighted lamps upon the front capable of revealing persons and objects seventy-five feet (75 ft.) ahead, instead of lamps required in § 715 or § 716; Provided, that at no time shall it be operated at a speed in excess of twenty miles per hour (20 mph).

718.4 Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, or emergency vehicle warning lamps, which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet (75 ft.) from the vehicle.

718.5 No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from the front of the vehicle. This subsection shall not apply to any vehicle on which a red light visible from the front is expressly authorized or required by this chapter.

718.6 Flashing lights are prohibited except on authorized emergency vehicles, snow-removal equipment, or on any vehicle as a means for indicating a right or left turn or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.

718.7 The Director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow-removal equipment when operated on the highways instead of the lamps otherwise required on motor vehicles by these regulations.

718.8 Standards and specifications for lamps on snow removal equipment may permit the use of flashing lights for purposes of identification on snow-removal equipment when in service upon the highways.

718.9 The standards and specifications for lamps on snow removal equipment required by § 718.7 shall correlate with and, so far as possible, conform with those approved by the American Association of State Highway Officials.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR § 6.222-6.225, Special Edition; as amended by Regulation No.74-17 effective June 29, 1974; as amended by § 2(p) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 718

18 DCMR § 719 [RESERVED]

18 DCMR § 720 BRAKES: GENERAL PROVISIONS

720.1 Each motor vehicle, trailer, semi-trailer and pole trailer, and any combination of such vehicles operated upon a street or highway shall be equipped with brakes in compliance with the requirements of § 720 through 725.

720.2 Each vehicle and combination of vehicles, except special mobile equipment as defined in this title, shall be equipped with service brakes complying with the performance requirements of this section and adequate to control the movement of and to stop and hold the vehicle under all conditions of loadings and on any grade incident to its operation.

720.3 Each vehicle or combination of vehicles, except autocycles, motorcycles, and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated under all conditions of loading on a surface free from snow, ice, or loose material.

720.4 Parking brakes shall be capable of being applied in conformance with the requirements of § 720.3 by the driver’s muscular effort, by spring action, or by equivalent means.

720.5 The operation of parking brakes may be assisted by the service brakes or other source of power; Provided, that failure of the service brake activation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the requirements of this section.

720.6 Parking brakes shall be so designed that when once applied they remain applied with the required effectiveness, despite exhaustion of energy or leakage of any kind.

720.7 The same brake drums, brake shoes, lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and parking brakes.

720.8 If the means of applying the parking brakes and service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

720.9 Each vehicle shall be equipped with brakes acting on all wheels except the following vehicles:

(a) Trailers, semi-trailers, or pole-trailers of a gross weight not exceeding three thousand pounds (3,000 lbs.); Provided, that the following requirements are met:

(1) The total weight on and including the wheels of the trailer or trailers shall not exceed forty per cent (40%) of the gross weight of the towing vehicle when connected to the trailer or trailers; and

(2) The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the requirements of § 724;

(b) Any vehicle being towed in driveway or towaway operations; Provided, that the combination of vehicles is capable of complying with the requirements of § 724;

(c) A trucks or truck-tractor having three (3) or more axles need not have brakes on the front wheels, except that when the vehicles are equipped with at least two (2) steerable axles, the wheels of one steerable axle need not have brakes Provided, that the truck or truck-tractor is capable of complying with the performance requirements of § 724;

(d) Special mobile equipment as defined in this title;

(e) The wheel of a sidecar attached to a motorcycle or motorized bicycle, or the front wheel of a motorized bicycle need not be equipped with brakes Provided, that the motorcycle or motorized bicycle is capable of complying with the performance requirements of § 724; and

(f) Vehicles manufactured prior to January, 1930 and not equipped with brakes on all wheels.

720.10 Each motor vehicle, trailer, semi-trailer and pole trailer, and every combination of such vehicles equipped with brakes, except motorcycles and motorized bicycles, shall have the braking system so arranged that one control device can be used to operate all service brakes.

720.11 The requirement cited under § 720.10 does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on a towed vehicle, and the requirement does not apply to driveway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

720.12 All brakes shall be maintained in good working order and shall be so adjusted to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

720.13 The Director is authorized to require an inspection of the braking system on any motorized bicycle and to disapprove any braking system on a vehicle which he or she finds will not comply with the performance ability standard set forth in § 724 or which, in his or her opinion, is equipped with a braking system that is not so designed or constructed as to ensure reasonable and reliable performance in actual use.

720.14 The Director may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when he or she determines that the braking system on the vehicle does not comply with the provisions of §§ 720 through 725.

720.15 No person shall operate on any street or highway any vehicle referred to in this section if the Director has disapproved the braking system upon the vehicle.

720.16 Each horse-drawn vehicle engaged in carrying loads on the streets and highways of the District shall be equipped with an effective brake.

720.17 The brake on a horse-drawn vehicle shall be deemed effective when that brake will hold the vehicle on any grade which the vehicle can ascend with a full load.

History

SOURCE: 17 DCRR § 114(b) (October 19, 1970); as amended by Regulation No. 72-13, effective June 30, 1972. 32 DCRR § 6.301, Special Edition; as amended by Regulation No.74-17 effective June 29, 1974; as amended by § 2(q), (w) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 720

18 DCMR § 721 TRACTOR AND TRAILER BRAKES

721.1 Each trailer, semi-trailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semi-trailer, and pole trailer with a gross weight in excess of three thousand pounds (3,000 lbs.), manufactured or assembled after September 15, 1963, shall be equipped with brakes acting on all wheels which will be applied automatically and promptly, and remain applied for at least fifteen (15) minutes, upon breakaway from the towing vehicle.

721.2 Every motor vehicle manufactured or assembled after September 15, 1963, and used to tow a trailer, semi-trailer or pole trailer equipped with brakes, shall be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.

721.3 Air brake systems installed on trailers manufactured or assembled after September 15, 1963, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.

721.4 Each towing vehicle, when used to tow another vehicle equipped with air controlled brakes in other than driveway or towaway operations, shall be equipped with two (2) means for emergency application of the trailer brakes.

721.5 One of the means for emergency application of trailer brakes shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall not be lower than twenty pounds per square inch (20 lbs./in.) or higher than forty-five pounds per square inch (45 lbs./in.).

721.6 The other means for emergency application of the trailer brakes shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be arranged to permit its use to prevent operation of the automatic means. The automatic and manual means required by this section may be separate, but are not required to be separate.

721.7 Each towing vehicle used to tow other vehicles equipped with vacuum brakes in operations other than driveway or towaway operations, shall have, in addition to the single control device required by § 720.10, a second control device which can be used to operate the brakes on towed vehicles in emergencies.

721.8 The second control required by § 721.7 shall be independent of other controls, unless the braking system be so arranged that failure of the pressure on which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.301, Special Edition.

18 DCMR § 722 RESERVOIR CAPACITY AND CHECK VALVES

722.1 Each bus, truck or truck tractor with air-operated brakes shall be equipped with at last one (1) reservoir sufficient to ensure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting a full service brake application may be made without lowering such reservoir pressure by more than twenty per cent (20%). Each reservoir shall be provided with means for readily draining accumulated oil or water.

722.2 Each truck with three (3) or more axles equipped with vacuum assistor-type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent (40%).

722.3 All motor vehicles, trailers, semi-trailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this chapter, shall have the reservoirs or reserve capacity safeguarded by a check valve or equivalent device so that, in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.301(i), Special Edition.

18 DCMR § 723 BRAKING SYSTEM WARNING DEVICES

723.1 Each bus, truck or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below fifty percent (50%) of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates, in pounds per square inch (lbs/in2), the pressure available for braking.

723.2 Each truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle’s supply reservoir or reserve capacity is less than eight inches (8 in.) of mercury.

723.3 When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.301(j), Special Edition.

18 DCMR § 724 PERFORMANCE ABILITY OF BRAKES

724.1 The standards set forth in the following braking table shall govern the performance ability of brakes under this chapter:

BRAKING STANDARDS TABLE

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

CLASSIFICATION OF VEHICLE

BRAKING FORCE (Percentage of Gross Vehicle or Combination Weight)

DECELERATION (Ft/sec.2)

BRAKE SYSTEM APPLICATION AND BRAKING DISRANCE from initial speed of 20 mph.

Passenger vehicles with a seating capacity of 10 people or less(including the driver) and not having a gross vehicle rating

52.8%

25 ft

All autocycles, motorcycles, and motor-driven cycles, and motorized bicycles

43.5%

30 ft

Single unit vehicles w/manufacturer’s gross vehicle weight of 10,000 pounds or less

43.5%

30 ft

Single unit vehicles w/manufacturer’s gross weight over 10000 lbs.

43.5%

40 ft

Combination of a 2-axde towing vehicle and a trailer with gross trailer wt of 3,000 lbs. or lees

43.5%

40 ft

Buses, regardless of the number of axles, without a manufacturer’s gross weight rating

43.5%

40 ft

All combinations of vehicles in driveway or towaway operations

43.5%

40 ft.

All other vehicles and combinations of vehicles

43.5%

50 ft.

History

NOTE: The information set forth in § 724.2 through 724.7 of this section is to be used in understanding and applying the standards for braking performance set forth in the Braking Standards Table in § 724.1. 724.2 There is a definite mathematical relationship between the figures in columns 2 and 3 of the table in § 724.1. If the decelerations set forth in column 3 are divided by 32.2 ft/sec., the column 2 figures will be obtained. (For example, 17 divided by 32.2 gives 52.8%) Column 2 is included in the table because certain brake-testing devices utilize this factor. 724.3 The decelerations in column 3 of the table are an indication of the effectiveness of the basic brakes and, as measured in practical brake testing, are the maximum braking decelerations attained at some time during the stop. This deceleration, as measured in brake tests, cannot be used to compute the values in column 4 of the table because it is not sustained at the same rate over the entire period of the stop. The deceleration increases from zero to a maximum during a period of brake-system application and brake-force buildup. Also, other factors may cause the deceleration to decrease after reaching the maximum. The added distance which results because a maximum deceleration is not sustained is included in the figures in column 4 but is not indicated by the usual brake-testing device for checking deceleration. 724.4 The values in column 4 of the table and the values in column 3 are not directly related. Column 4 is a definite measure of the overall effectiveness of the braking system, being the distance traveled between the point at which the driver starts to move the braking controls and the point at which the vehicle comes to rest. It includes distance traveled while the brakes are being applied and the distance traveled while the brakes are retarding the vehicle. 724.5 The distance traveled during the period of brake system application and brake force build-up varies with vehicle type, being negligible for many passenger cars and greatest for combinations of commercial vehicles. This fact accounts for the variation from twenty-five to fifty feet (25 ft. to 50 ft.) in the numerical values in column 4 for the various classes. 724.6 The deceleration value in column 3 of the table is the same for all classifications except passenger vehicles (other than buses) because brakes on vehicles in the B, C, and D classifications are capable with reasonable maintenance of producing the required decelerations as measured by brake-testing devices. A higher deceleration value is warranted for passenger cars by Bureau of Public Roads test data. 724.7 Each motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of the following: (a) Developing a braking force that is not less than the percentage of its gross weight for its classification, as set forth in column 2 of the table in § 724.1; (b) Decelerating to a stop from not more than twenty miles per hour (20 mph) at not less than the ft./sec. for its classification set forth in column 3 of the table in § 724.1; and (c) Stopping from a speed of twenty miles per hour (20 mph) in not more than the distance for its classification set forth in column 4 of the table in § 724.1, such distance to be measured from the point at which movement of the service brake pedal or control begins. 724.8 Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one per cent (1%) grade), dry, smooth, hard surface that is free from loose material.
SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR § 6.301, Special Edition; as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 724

18 DCMR § 725 HYDRAULIC BRAKE FLUID

725.1 For the purposes of this section, the term “hydraulic brake fluid,” shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

725.2 Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.

725.3 Hydraulic brake fluid shall meet or exceed the S.A.E. standard for hydraulic bake fluid (S.A.E. 70RI), heavy-duty type, as recommended in the 1957 Handbook of the Society of Automotive Engineers.

725.4 No person shall distribute, have for sale, offer for sale, sell, or service any vehicle with any hydraulic fluid which does not comply with the requirements of this section.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.302, Special Edition.

18 DCMR § 726 [RESERVED]

18 DCMR § 727 [RESERVED]

18 DCMR § 728 [RESERVED]

18 DCMR § 729 [RESERVED]

18 DCMR § 730 HORNS AND WARNING DEVICES

730.1 Each motor vehicle operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet (200 ft.).

730.2 No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.

730.3 The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his or her horn, but shall not otherwise use the horn when upon a highway.

730.4 No vehicle, other than an authorized emergency vehicle as set forth in § 712, shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this chapter.

730.5 The prohibition in § 730.4 relating to the use of a bell shall not be applicable to any street car, bicycle, or motor vehicle used by a person licensed under the License Act of July 1, 1902 (D.C. Code, Title 47, Chapter 23), as amended, who customarily uses a bell or bells in connection with the sale of services or wares.

730.6 Upon approval by the Director, any vehicle may be equipped with a sound device designed to be used solely as a theft alarm system which shall be so arranged that it cannot be used or controlled by the driver or other person for any purpose other than as an alarm system.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.401, Special Edition.

18 DCMR § 731 WINDSHIELDS AND MIRRORS

731.1 No person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield, sidewings, or side or rear windows of the vehicle, except a sticker authorized by the Mayor, Public Service Commission, the Joint Board, or the Director.

731.2 The windshield on a motor vehicle shall be equipped with a mechanically operated device for cleaning rain, snow, or other moisture from the windshield. This device shall be constructed to be controlled by the driver of the vehicle.

731.3 No motor vehicle manufactured after January 1, 1938, shall be operated in the District unless the same is equipped with windshield wipers capable of wiping the right and left hand sides of the windshield.

731.4 Each windshield wiper shall be maintained in good working order.

731.5 No motor vehicle shall be operated when the windshield is cracked, scarred, clouded, or otherwise defective so as to obstruct vision.

731.6 Each motor vehicle shall be equipped with a mirror or mirrors so located as to reflect to the driver, under all conditions of loading, a view of the highway for a distance of at least two hundred feet (200 ft.) to the rear of the vehicle; Provided, that all vehicles licensed under the provisions of paragraph 31(b) and (c) of the Act of July 1, 1932, shall be equipped with two (2) adjustable rear-view mirrors installed to enable the driver to obtain a reasonably clear view toward the rear.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.404, Special Edition.

18 DCMR § 732 TIRE EQUIPMENT

732.1 No person shall drive or move any motor vehicle equipped with any tire in such condition as to endanger or be likely to endanger any person or property.

732.2 Each solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch (1 in.) thick above the edge of the flange of the entire periphery.

732.3 No person shall operate or move on any street or highway any motor vehicle, trailer or semi-trailer having any metal tire in contact with the roadway.

732.4 No tire on a vehicle moved on a street or highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except as provided in § 732.5.

732.5 It shall be permissible to use the following:

(a) Farm machinery with tires having protuberances which will not injure the street or highway;

(b) Tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid; or

(c) Pneumatic tires containing metal type studs, the tips of which protrude beyond the rubber tread surface of such tire not more than one-eighth of an inch (1/8 in.), and the cross-sectional diameter of which do not exceed one-fourth of an inch (1/4 in.), inclusive of the casing but not including any flange or flanges embedded in the rubber of the tire; Provided, that the use of studded tires is permitted only from October 15th through April 15th of each year.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.405, 6.408, Special Edition; as amended by Regulation No. 73-8 effective April 24, 1974.

18 DCMR § 733 BUMPERS AND FENDERS

733.1 Each motor vehicle, except autocycles, motorcycles, and motor-driven cycles, shall be equipped with bumpers in front, securely attached and extending beyond the extreme front of the vehicle.

733.2 Each motor vehicle of the passenger car class, taxicabs, buses, and light commercial vehicles up to and including one and one-quarter (1 1/4) ton capacity shall be equipped with a bumper on the rear of each vehicle securely attached to and extending beyond the extreme rear of the vehicle.

733.3 All motor vehicles operated in the District for the vending of ice cream, soft drinks or other confections, shall be equipped with bumpers front and rear so designed and installed as to prevent children from perching or riding on the bumper; or a grill or screen shall be added to the standard bumper. The equipment shall be of a type and design approved by the Director, and the grill or screen shall be installed in a manner prescribed by the Director.

733.4 No motor vehicle designed primarily to carry passengers shall be operated with fenders removed.

733.5 No motor vehicle shall be operated with fenders, running boards, or bumper bars or bracket showing sharp or ragged edges or in a condition that might snag or cause to be snagged any person, object, cloth, or clothes while being operated on the streets and highways.

733.6 No motor vehicle shall be operated on the streets and highways if fenders, running boards, bumper bars, or any body part shall extend beyond the original margin or width of the fender lines, except as provided in § 733.7.

733.7 On certain types of commercial vehicles, pipe or ladder racks of a type approved by the Director may be mounted on the top or on the left side of such vehicles. Racks mounted on the left side shall not extend more than six inches (6 in.) beyond the original fender line, and in no case shall the over-all width of the vehicle including such racks exceed ninety-six inches (96 in.).

History

SOURCE: Regulation No. 72-13, effective June 30, 1972. 32 DCRR § 6.407, 6.408, Special Edition; as amended by Section 2(x) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 733

18 DCMR § 734 GLAZING MATERIALS

734.1 No motor vehicle manufactured or assembled after January 1, 1936, shall be operated in the District unless it is equipped throughout with safety glazing materials of a type approved by the Director.

734.2 For the purposes of this section, the term “safety glazing materials” shall be construed to mean transparent glazing materials so formulated, treated, or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when the glazing materials are cracked or broken.

734.3 The Director shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material.

734.4 The Director shall compile and publish a list of types of safety glazing materials by name which have been approved by him as meeting the requirements of this section.

734.5 The use of rigid-type, clear plastic is restricted to side curtains or readily demountable windows, rear windows in the tops of convertible passenger cars, back lights, rear quarter lights and doors, in truck or truck-tractor cabs, in rear doors or taxicabs, in house or freight trailers, in the lights of lower part of folding doors when not over ten inches (10 in.) in the least dimension, in interior partitions and auxiliary wind deflectors, in standee windows in buses, and in openings in the roofs of tops.

734.6 The use of flexible-type, clear plastic is restricted to side curtains or readily demountable windows; rear windows in the tops of convertible passenger cars; and house or freight trailers.

734.7 Any section of safety glazing materials cut from safety glazing materials marked by the manufacturer of approved type materials shall be marked with the same words, designation, and letters as the sheet from which it was cut.

734.8 No motor vehicle may be operated or parked upon the public streets or spaces of the District of Columbia with window tinting in violation of D.C. Code § 50-2207.02 (2001 Ed.).

734.9-734.19 [REPEALED].

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.406, Special Edition; as amended by § 3 of the Motor Vehicle Tinted Window Amendment Act of 1994, D.C. Law 10-163, 41 DCR 4886, 4887 (July 22, 1994); as amended by Final Rulemaking at 50 DCR 4403 (Jun 6, 2003); as amended by Final Rulemaking published at 50 DCR 5987 (Jul 25, 2003).

18 DCMR § 735 INSTRUMENTS AND OTHER SPECIAL EQUIPMENT

735.1 Each motor vehicle operated on the streets or highways shall be equipped with a device, in good operating condition, to register the rate of speed of the vehicle in motion; Provided, that vehicles manufactured prior to January 1934, for which proof is offered that machine parts for the maintenance of such devices are not available or where the manufacturer has dissolved or discontinued business, shall not be required to comply with this provision.

735.2 No television equipment shall be installed in or on any motor vehicle in a manner which will make the reception of the television visible to the vehicle operator while the vehicle is in motion.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.408, Special Edition.

18 DCMR § 736 RADAR DETECTORS AND JAMMERS

736.1 No person shall sell or offer for sale in the District any device designed to detect or counteract police radar.

736.2 No person shall use or have in his possession in an automobile in the District any device used to detect or counteract police radar.

736.3 This section does not apply to any vehicle or equipment used by the Armed Forces of the United States.

History

SOURCE: Commissioner’s Order 61-2026 effective November 21, 1961, Article 25, § 16 of the Police Regulations (May, 1981).

18 DCMR § 737 SEAT BELTS

737.1 No motor vehicle manufactured for the 1966 Model Year or subsequent years and registered as a private passenger vehicle, except motorcycles or motor-driven cycles, shall be approved on inspection under the provisions of § 503 of this title unless its front seating arrangement (bench or bucket type) is equipped with at least two (2) safety belts or safety harnesses of a type approved by the Director, who shall maintain a list of approved devices.

737.2 No motor vehicle manufactured after January 1, 1968 and registered as a private passenger vehicle, taxicab, or for livery or sightseeing purposes; except motorcycles, motor-driven cycles, or buses; shall be approved on inspection under the provisions of § 503 of this title unless safety belts or safety harnesses of a type approved by the Director are installed in each seat position with the exception of jump seats.

737.3 As used in §736.2, the term “jump seat” means a seat intended for the accommodation of one (1) person and designed to be folded forward into a recess in the vehicle.

737.4 All seat belts or safety harnesses, including the installation and anchorages thereof, shall meet or exceed the standards and specifications published by the United States Department of Commerce and the Society of Automotive Engineers applicable to such equipment, installation, and anchorages current at the time such devices are installed.

737.5 All seat belts or safety harnesses installed as required by this section shall be continuously maintained to conform to the standards specified in § 736.4.

737.6 No person shall distribute, have for sale, offer for sale, sell, or install any seat belt or safety harness which does not comply with the requirements of this section.

History

SOURCE: 17 DCRR §§ 151.2(a) - (c), (October 19, 1970); as amended by 32 DCRR § 6.411, Special Edition; as amended by Section 2 of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 737

18 DCMR § 738 AIR CONDITIONING EQUIPMENT

738.1 The term “air conditioning equipment” as used in this section means mechanical vapor compression refrigeration equipment which is used to cool the driver’s or passenger compartment of any motor vehicle.

738.2 Air conditioning equipment shall be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public, and shall not contain any refrigerant which is toxic to persons or which is flammable.

738.3 The Director may adopt and enforce safety requirements, rules, and specifications consistent with the requirements of this section applicable to such equipment which shall correlate with and, so far as possible, conform to the current recommended practice or standard for such equipment approved by the Society of Automotive Engineers.

738.4 No person shall operate on any highway any motor vehicle equipped with any air-conditioning equipment unless the equipment complies with the requirements of this section.

History

SOURCE: 17 DCRR §§ 151.1(a) - (d), October 19, 1970.

18 DCMR § 739 SLOW-MOVING VEHICLES, SCHOOL BUSES AND MULTI-PURPOSE SCHOOL VEHICLES

739.1 As used in this section, a “slow-moving vehicle” means any of the following:

(a) Any motor vehicle designed for operation at speeds not in excess of fifteen miles per hour (15 mph);

(b) Any motor vehicle which is generally utilized in its operation for a purpose which normally requires it to be operated at speeds not in excess of fifteen miles per hour (15 mph); or

739.2 The Director is authorized to specifically exclude any motor vehicle from the requirements of this section.

739.3 Any slow-moving vehicle using the public highways of the District at any time during the day or night shall display a slow-moving vehicle emblem, as set forth in § 738.4.

739.4 A slow-moving vehicle emblem shall consist of a fluorescent yellow-orange triangle with a dark red reflective border conforming, insofar as practical, to standard ASAE S276.2 (revised March 1967) adopted by the American Society of Agricultural Engineers.

739.5 The use of the emblem shall be in addition to any other lighting devices, flags, or other equipment required by law.

739.6 The use of an emblem in any manner or for any purpose other than as provided by this section is prohibited.

739.7 Every school bus registered in the District of Columbia shall bear the words “SCHOOL BUS” in black letters at least eight inches (8 in.) high on both front and rear of the body or on signs attached to the bus; Provided, that the lettering shall be at least four inches (4 in.) high in the case of school buses designed to carry fifteen (15) or fewer passengers.

739.8 Lettering shall be placed as high as possible without impairment of its visibility.

739.9 Lettering shall conform to “Series B” of Standard Alphabets for Highway Signs promulgated by the U.S. Department of Transportation as in effect on September 1, 1970.

739.10 School buses shall have the words “STOP ON RED SIGNAL” painted on the rear of the bus or on signs attached thereto in black letters at last eight inches (8 in.) high; Provided, that the lettering shall be at least four inches (4 in.) high in the case of school buses designed to carry fifteen (15) or fewer passengers. The word “STOP” by itself shall not be used.

739.11 A school bus or multi-purpose school vehicle shall bear on its sides only signs and lettering approved by the Director.

739.12 School buses shall be painted national school bus chrome, including body, hood, cowl, and fenders, according to specifications available from the General Services Administration (Federal Standard No. 595) as in effect on September 1, 1970. Rear bumpers, lettering, and body trim, if used, shall be black enamel.

739.13 [RESERVED]

739.14 Each school bus and multi-purpose school vehicle shall be equipped with a swinging driver’s side stop signal arm, as follows:

(a) The stop signal arm shall be octagonal and shall bear the word “STOP” on both sides in white letters on a red background with a white border;

(b) The stop signal arm shall be affixed as close as possible on the outside of the vehicle appurtenant to the driver’s window;

(c) The stop signal arm shall be actuated by the driver to extend perpendicularly from the side of the school bus or multi-purpose school vehicle upon actuation of the warning lamps described in § 712.5 to ensure safe pick up or drop off of students from the vehicle.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 6.412, Special Edition; as amended by Regulation No. 74-14 effective June 14, 1974, 17 DCRR § 6.413 (October 19, 1970); as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 739

18 DCMR § 740 MOTORCYCLE EQUIPMENT: GENERAL PROVISIONS

740.1 No person shall sell, offer for sale, or distribute any protective helmets, goggles, or faceshields for use by the operators or passengers of motorcycles unless such helmets, goggles, or face shields are of the type approved by the Director.

740.2 Applications for approval of equipment required by this section shall be submitted to the Director who shall determine when conditions of approval have been met and shall thereupon issue a Certificate of Approval.

740.3 An application for approval of equipment shall be accompanied by a copy of a laboratory test report from a nationally recognized, independent testing laboratory certifying that the item tested meets the specification(s) set forth in the prescribed standards, and stating the manufacturer’s trade name and model name (if any), or number appearing on the item tested.

740.4 No sample is required by the Director unless specifically requested. No fee is required for approval.

740.5 Alteration of a helmet, goggles, face shield, or wind screen by or for a user shall invalidate the Director’s approval, and the label required by the identification requirements of §§ 741 through 744 shall no longer be evidence of approval of the item altered.

740.6 Provisions of the standards of the American National Standards Institute, Inc., cited in §§ 741 through 744 are incorporated by reference. In case of conflict between the provisions of the Standards and those contained in this chapter, the provisions of this chapter shall apply.

740.7 The Director shall have the authority to withdraw approval of any product approved under this section for any cause considered reasonable.

History

SOURCE: 17 DCRR § 110(d) (October 19, 1970); and by Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 6.503(a), (b), 6.504, 6.504, 6.505, Special Edition.

18 DCMR § 741 MOTORCYCLE HELMETS

741.1 The American National Standards Institute, Inc., Specifications for Protective Headgear for Vehicular Users, Z90.1-1966, are adopted as the minimum standards for helmets required to be worn by operators and passengers on motorcycles or autocycles, except as set forth in § 2215.7.

741.2 In addition to the standards set forth in § 741.1, protective helmets shall be so designed so as to permit the following:

(a) Unobstructed vision to the extent of one hundred twenty degrees (120º) to each side of the sagittal plane; and

(b) Unobstructed auditory reception.

741.3 Each helmet approved by the Director shall be permanently labeled on the outside of the helmet above the base of the rear of the helmet in letters or numbers at least one-fourth inch (1/4 in.) in height with the manufacturer’s trade name and number under which the helmet has been approved.

741.4 The identification label shall be permanent, weather-proof, water-resistant, and of a type which will be self-destructive when removed.

741.5 Each approved helmet shall have a reflectorized surface on both sides or have securely affixed to the helmet reflectorized material on both the left and right side of the helmet.

741.6 Reflectorization shall cover an area of at least four inches (4 in.) on each side of the helmet.

741.7 If reflectorized material (such as a one-inch by four-inch (1 in. x 4 in.) strip of reflectorized safety tape) is attached to each side of the helmet, it shall be affixed in a permanent, weather-proof manner.

741.8 An approved helmet shall be equipped with either a neck or chin strap.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972; 32 DCRR §§ 6.506(a) - (e), Special Edition; as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 741

18 DCMR § 742 MOTORCYCLE SAFETY GOGGLES

742.1 The American National Standards Institute, Inc., Practice for Occupational and Educational Eye and Face Protection, Z87.1-1968, designated “Eye Protection,” is adopted as the minimum standards for safety goggles required to be worn by operators and passengers on motorcycles.

742.2 No goggles shall be approved unless they meet the specifications in that portion of the American National Standards Institute, Inc., Practice for Occupational and Educational Eye and Face Protection which are established in this section, Provided, that goggles shall provide visual clearance to the extent of one hundred five (105º) degrees to each side of the sagittal plane.

742.3 The test procedure for goggles shall refer to those standards which are applicable to all eye protection devices and which are applicable to the following types of goggles being tested:

(a) Goggles and eye cups (except welders’ and cutters’ models);

(b) Goggles- flexible fitting;

(d) Spectacles- plastic eye shield.

742.4 The following modifications to the test standards shall be applicable:

(a) Provisions with respect to selection of eye and protective devices shall not apply; and

(b) Language referring to “employees” shall be deemed to refer to motorcycle riders.

742.5 Goggles approved by the Director shall contain, on a lens or frame, the readily identifiable mark used by the Manufacturer to indicate compliance with the specifications described in this section.

742.6 Each device shall be permanently labeled with the manufacturer’s trade name and number, which shall be the same trade name and number used in the approval application.

History

SOURCE: Regulation No 72-13 effective June 30, 1972. 32 DCRR § 6.507 (a) - (c), Special Edition.

18 DCMR § 743 MOTORCYCLE FACE SHIELDS

743.1 The American National Standards Institute, Inc., Practice for Occupational and Educational Eye and Face Protection, Z87.1-1968, designated “Face Shields,” is adopted as the minimum standards for face shields required to be worn by operators and passengers on motorcycles.

743.2 The test procedure for face shields shall refer to those standards which are applicable to all face shield devices and which are applicable to the following types of face shields being tested:

(a) Impact resistance - plastic-window face shield; Provided, that the face shield shall be tested while attached to a helmet and the harness of the helmet shall take the place of the crown strap;

(b) Penetration resistance - plastic-window face shield;

(d) Flammability - plastic windows; and

(e) Disinfection.

743.3 In addition to the provisions of § 743.2, a face shield, other than one containing a wire screen window, shall be approved only if it meets the following specifications:

(a) The edge of the face shield must be smooth, and if the edge is beveled, it must be dull-finished.

(b) It meets the window support and markings requirement of the specifications of the American National Standards Institute; and

(c) It is equipped with visor snaps for attaching to the helmet and properly positioned for use when the motorcycle is in motion.

743.4 Each face shield shall be permanently labeled with the manufacturer’s trade name and number, which must be the same trade name and number used in the approval application.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 6.508(a) - (c), Special Edition.

18 DCMR § 744 MOTORCYCLE WIND SCREENS

744.1 The American National Standards Institute, Inc., Specifications for Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Z26.1-1966, is adopted as the minimum standards for wind screens when used on motorcycles.

744.2 The test procedure for wind screens shall refer to those standards which are applicable to all wind screen devices; Provided, that for rigid plastic material, Item 4 of Table 1 of the standards shall be used; and for flexible plastics, Item 6 of Table 1 shall be used.

744.3 In addition to the specifications of that portion of the American National Standards Institute, Inc., which are established in this section, no wind screen shall be approved unless it meets the following specifications:

(a) The metal support shall be of a material which shall bend rather than fragment under impact;

(b) Covering material, other than visual material, shall be beaded at the edges to prevent fraying; and

(c) Cloth covering material shall be tested for flammability according to the procedures of 5902 of specifications of the American National Standards Institute’s Testing Methods.

744.4 Each wind screen shall be permanently labeled at an easily visible location with the manufacturer’s trade name and number, which shall be the same trade name and number used in the approval application.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 6.509(a) - (c), Special Edition.

18 DCMR § 745 [RESERVED]

18 DCMR § 746 [RESERVED]

18 DCMR § 747 [RESERVED]

18 DCMR § 748 [RESERVED]

18 DCMR § 749 [RESERVED]

18 DCMR § 750 EXHAUST EMISSION SYSTEMS

750.1 When any motor vehicle was originally equipped with an emission control system， that system shall be maintained in good working order, and no person shall disconnect any part of that system, except temporarily in order to make repairs, replacements, or adjustments, and no person shall modify or alter that system in its operation.

750.2 No person shall operate, and no owner shall cause or permit to be operated, any motor vehicle originally equipped with a pollution control system while any part of that system is disconnected or while that system or its operation is modified or altered.

750.3 The engine, power, and exhaust mechanism of each motor vehicle shall be equipped, adjusted, and operated to prevent the escape from the vehicle of a trail of visible fumes or smoke for more than ten (10) consecutive seconds.

750.4 Each gasoline-propelled motor vehicle of the 1968 model year or any model year thereafter, when operated on a street or highway, shall be equipped with a positive crankcase ventilation valve which shall be in good operating condition.

750.5 No person shall operate a gasoline-propelled motor vehicle of the 1968 model year or any model year thereafter without the vehicle being equipped with a positive crankcase ventilation valve which shall be in good operating condition.

History

SOURCE: Regulation 72-13 effective June 30, 1972, 32 DCRR §§ 6.509(a), (b), Special Edition.

18 DCMR § 751 COMPLIANCE WITH EXHAUST EMISSION STANDARDS

751.1 No motor vehicle shall be allowed to operate on the streets or highways of the District that does not comply with the exhaust emission standards prescribed pursuant to § 752, except as provided in this section.

751.2 After December 31, 1982, no owner of a motor vehicle shall operate or allow the operation of a vehicle on the streets and highways of the District that does not comply with the exhaust emission standards prescribed pursuant to § 752, except as provided in this section.

751.3 Prior to December 31, 1982, the Director may not refuse to register any motor vehicle in the District solely because of the exhaust emission levels of the vehicle.

751.4 The Director may issue a conditional approval, lasting until the next scheduled inspection, for any motor vehicle which is unable to meet exhaust emission standards prescribed in § 752 when the Director has determined that all reasonable repairs, having a minimum value of four hundred fifty dollars ($ 450), have been made and that further repairs are not mechanically nor economically feasible given the age, value, and condition of the vehicle.

751.5 The cost of any repairs covered by vehicle warranties shall not be included in the four hundred fifty dollars ($ 450) minimum adjusted repair value. The four hundred fifty dollars ($ 450) minimum repair value shall be adjusted annually in January of each year by the percentage, if any, that the Federal Consumer Price Index differs from the Federal Consumer price Index for 1989. After December 31, 1995, repairs shall be performed by an Automotive Emissions Repair Technician who has been certified or recertified pursuant to § 618.

751.6 An owner shall apply for a conditional approval with the Bureau of Motor Vehicle Services, 301 C Street, Room 1018, Washington, D.C. 20001. Before a vehicle owner may apply for a conditional approval, all exhaust emission components must be in original configuration and in compliance with 18 DCMR § 750.

751.7 The application shall contain the information requested by the Director including, but not limited to, the following:

(a) One (1) written estimate of the cost of repair from a licensed motor vehicle repair facility;

(b) Valid receipts and work orders to demonstrate that all reasonable repair work, within the meaning of §§ 751.4 and 751.5, has been completed; and

(c) For estimates submitted and repairs performed after December 31, 1995, proof that the estimate was prepared and repair work was performed by a Automotive Emissions Repair Technician who has been issued a certification or recertification pursuant to § 618.4 or 618.5, or who is authorized by a state to perform IM-240 related repairs.

751.8 In determining whether to grant a conditional approval pursuant to §§ 751.4 and 751.5, the Director shall consider the following factors in addition to the factors listed in §§ 751.4 and 751.5:

(a) The primary use of the motor vehicle;

(b) The average annual mileage the motor vehicle is operated;

(d) The cost to repair the motor vehicle in relation to the fair market value of the vehicle; and

(e) Whether Federal law or regulation pertaining to imported motor vehicles provides for that motor vehicle to be exempt from the standards set forth in § 752.

History

SOURCE: Section 2 of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980, D.C. Law 3-152, 27 DCR 4907 (November 7, 1980), 32 DCRR §§ 6.603 (a) - (c); as amended by Final Rulemaking published at 30 DCR 3904 (August 5, 1983). § 4(b) of the Motor Vehicle Biennial Inspection Amendment Act of 1993, 41 DCR 1014 (March 4, 1994); and by Final Rulemaking published at 41 DCR 4936, 4938 (July 22, 1994).

18 DCMR § 752 MAXIMUM ALLOWABLE LEVELS OF EXHAUST COMPONENTS

752.1 On or before January 1, 1996, the Director shall establish maximum allowable emission levels for components of motor vehicle exhaust emissions determined by the federal emission tests, as codified in title 40 CFR § 51.351, for light-duty motor vehicles weighing less than twenty-six thousand pounds (26,000 lbs.) net weight by model year. The maximum allowable emission levels will not exceed the fleet-wide performance criteria established by title 40 CFR § 51.351.

752.2 On or before June 30, 1994, the Director shall establish test and quality assurance procedures for measuring exhaust emissions that are in compliance with the federal emissions test procedure as currently codified in title 40 CFR §§ 51.357 -51.359.

752.3 Notwithstanding any other provision in this Section, effective January 1, 2004, all vehicles 1996 or newer shall comply with federal On Board Diagnostic testing standards in effect on July 1, 2003, as published in the Code of Federal Regulations, Title 40, Chapter 1, Part 85.

752.4 As necessary, the Director shall have authority to do the following:

(a) Supplement and amend the prescribed emission levels and testing methods;

(b) Prescribe emission levels for additional components of motor vehicle exhaust emissions; and

(c) Prescribe emission levels for additional types of motor vehicles, including, but not limited to, medium duty or heavy-duty gasoline propelled or diesel-propelled vehicles.

752.5 In establishing or amending the emission levels or test procedures, the Director shall consult with the Director of the Department of Environmental Services and shall comply with the notice provisions of the District of Columbia Administrative Procedure Act.

752.6 During the period January 1, 1995 through December 31, 1995, the Director shall test the exhaust emission levels of motor vehicles registered in the District in order to compile data on the exhaust emission levels of motor vehicles registered in the District.

752.7 The allowable exhaust emission levels for light-duty gasoline-propelled motor vehicles for Hydrocarbons shall be measured in parts per million (ppm) of exhaust gas measured.

752.8 The allowable exhaust emission levels for light-duty gasoline-propelled motor vehicles for Carbon Monoxide shall be measured in percent of exhaust gas measured.

752.9 Emission levels for Hydrocarbons and Carbon Monoxide are established for six (6) age groups of light-duty gasoline-propelled motor vehicles as follows:

(a) Motor vehicles of model year 1967 or older;

(b) Motor vehicles of model year 1968 through model year 1970;

(d) Motor vehicles of model year 1975 through model year 1979;

(e) Motor vehicles of model year 1980; and

(f) For motor vehicles of model year 1981 or newer.

752.10 The allowable emission levels of Hydocarbons for these motor vehicle groups shall be as follows:

(a) For motor vehicles of model year 1967 or older, emissions shall not exceed two thousand (2,000) ppm;

(b) For motor vehicles of model year 1968 through 1974, emissions shall not exceed one thousand two hundred fifty (1,250) ppm;

(d) For motor vehicles of model year 1975 through 1979, emissions shall not exceed six hundred (600) ppm;

(e) For motor vehicles of model year 1980, emissions shall not exceed three hundred (300) ppm; and

(f) For motor vehicles of mode year 1981 or newer, emissions shall not exceed two hundred twenty (220) ppm.

752.11 The allowable emission levels of Carbon Monoxide for these motor vehicle groups shall be as follows:

(a) For motor vehicles of model year 1967 or older, emission shall not exceed twelve and one half percent (12.5%);

(b) or motor vehicles of model year 1968 through 1970, emissions shall not exceed eleven percent (11%);

(d) For motor vehicles of model year 1975 through 1979, emissions shall not exceed six and one-half percent (6.5%);

(e) For motor vehicles of model year 1980, emissions shall not exceed one and one-half percent (1.5%); and

(f) For motor vehicles of model year 1981 or newer, emissions shall not exceed one and two-tenths percent (1.2%).

752.12 ALLOWABLE EMISSION standards established in §§ 752.7 - 752.11 shall be used only for an idle exhaust emissions test.

752.13 ALLOWABLE exhaust EMISSION standards established in §§ 752.14 - 752.20 shall be used only for a transient exhaust emissions test.

752.14 The allowable exhaust emission levels for spark-combustion powered motor vehicles for Hydrocarbons (HC) shall be measured in grams per mile (gm/mi) of exhaust gas measured.

752.15 The allowable exhaust emission levels for spark-combustion powered motor vehicles for Carbon Monoxide (CO) shall be measured in grams per mile (gm/mi) of exhaust gas measured.

752.16 The allowable exhaust emission levels for spark-combustion powered motor vehicles for Oxides of Nitrogen (NOx) shall be measured in grams per mile (gm/mi) of exhaust gas measured.

752.17 Emission levels for Hydrocarbons, Carbon Monoxide, and Oxides of Nitrogen are established for nine (9) age groups of spark combustion powered motor vehicles as follows:

(a) For motor vehicles of model year 1968 through model year 1972;

(b) For motor vehicles of model year 1973 through model year 1974;

(d) For motor vehicles of model year 1977 through model year 1979;

(e) For motor vehicles of model year 1980;

(f) For motor vehicles of model year 1981 through model year 1982;

(g) For motor vehicles of model year 1983 through model year 1990;

(h) For motor vehicles of model year 1991 through model year 1993; and

(i) For motor vehicles of model year 1994 or newer designated by The United States Environmental Protection Agency as “Tier 1” vehicles.

752.18 The allowable emission levels of Hydrocarbons for these motor vehicle groups shall be as follows:

(a) For motor vehicles of model year 1968 through model year 1972, emissions shall not exceed ten grams per mile (10 gm/mi);

(b) For motor vehicles of model year 1973 through model year 1974, emissions shall not exceed ten grams per mile (10 gm/mi);

(c) For motor vehicles of model year 1975 through model year 1976, emissions shall not exceed seven and one-half grams per mile (7.5 gm/mi);

(d) For motor vehicles of model year 1977 through model year 1979, emissions shall not exceed seven and one-half grams per mile (7.5 gm/mi);

(e) For motor vehicles of model year 1980, emissions shall not exceed two grams per mile (2.0 gm/mi);

(f) For motor vehicles of model year 1981 through model year 1982, emissions shall not exceed two grams per mile (2.0 gm/mi);

(g) For motor vehicles of model year 1983 through model year 1990, emissions shall not exceed two grams per mile (2.0 gm/mi);

(h) For motor vehicles of model year 1991 through model year 1993, emissions shall not exceed one and two-tenths grams per mile (1.2 gm/mi); and

(i) For motor vehicles of model year 1994 or newer designated by The United States Environmental Protection Agency as “Tier 1” vehicles, emissions shall not exceed eight-tenth grams per mile (.8 gm/mi);

752.19 The allowable emission levels of Carbon Monoxide for these motor vehicle groups shall be as follows:

(a) For motor vehicles of model year 1968 through model year 1972, emissions shall not exceed one hundred and fifty grams per mile (150 gm/mi);

(b) For motor vehicles of model year 1973 through model year 1974, emissions shall not exceed one hundred and fifty grams per mile (150 gm/mi);

(c) For motor vehicles of model year 1975 through model year 1976, emissions shall not exceed ninety grams per mile (90 gm/mi);

(d) For motor vehicles of model year 1977 through model year 1979, emissions shall not exceed ninety grams per mile (90 gm/mi);

(e) For motor vehicles of model year 1980, emissions shall not exceed sixty grams per mile (60 gm/mi);

(f) For motor vehicles of model year 1981 through model year 1982, emissions shall not exceed sixty grams per mile (60 gm/mi);

(g) For motor vehicles of model year 1983 through model year 1990, emissions shall not exceed thirty grams per mile (30 gm/mi);

(h) For motor vehicles of model year 1991 through model year 1993, emissions shall not exceed twenty grams per mile (20 gm/mi); and

(i) For motor vehicles of model year 1994 or newer designated by The United States Environmental Protection Agency “Tier 1” vehicles, emissions shall not exceed fifteen grams per mile (15 gm/mi).

752.20 The allowable emission levels of Oxides of Nitrogen for these motor vehicle groups shall be as follows:

(a) For motor vehicles of model year 1968 through model year 1972, emission shall not exceed ten grams per mile (10 gm/mi);

(b) For motor vehicles of model year 1973 through model year 1974, emissions shall not exceed nine grams per mile (9.0 gm/mi);

(c) For motor vehicles of model year 1975 through model year 1976, emissions shall not exceed nine grams per mile (9.0 gm/mi);

(d) For motor vehicles of model year 1977 through model year 1979, emissions shall not exceed six grams per mile (6.0 gm/mi);

(e) For motor vehicles of model year 1980, emissions shall not exceed six grams per mile (6.0 gm/mi);

(f) For motor vehicles of model year 1981 through model year 1982, emissions shall not exceed three grams per mile (3.0 gm/mi);

(g) For motor vehicles of model year 1983 through model year 1990, emissions shall not exceed three grams per mile (3.0 gm/mi);

(h) For motor vehicles of model year 1991 through model year 1993, emissions shall not exceed two and one-half grams per mile (2.5 gm/mi); and

(i) For motor vehicles of model year 1994 or newer designated by the United States Environmental Protection Agency as “Tier 1” vehicles, emissions shall not exceed two grams per mile (2.0 gm/mi).

History

SOURCE: Section 2 of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980 D.C. Law 3-152,27 DCR 2907 (November 7, 1980), 32 DCRR § 6.803 (d); as amended by Final Rulemaking published at 30 DCR 2571 (May 27, 1983); by Final Rulemaking published at 37 DCR 4119 (June 22, 1990); § 4(b) of the Motor Vehicle Biennial Inspection Amendment Act of 1993, 41 DCR 1014 (March 4, 1994); and by Final Rulemaking published at 41 DCR 3802, 3803 (June 17, 1994); as amended by Final Rulemaking published at 44 DCR 5967 (October 17,1997); as amended by Final Rulemaking published at 50 DCR 8196 (October 3, 2003).

18 DCMR § 753 INSPECTION OF EXHAUST EMISSION SYSTEMS

753.1 [Repealed] D.C. Law 10-106, 41 DCR 1014 (March 4, 1994)

753.2 The Director shall provide the operator of the tested vehicle with a written description of the results of the test with an indication of the maximum allowable levels for emissions from the tested vehicle.

753.3 Except as provided in § 751.4, no motor vehicle shall be deemed to have passed this inspection unless its exhaust emissions are within the maximum allowable levels established pursuant to § 752.

753.4 Light duty gasoline-propelled motor vehicles shall be tested for Hydrocarbon and Carbon Monoxide emissions by the use of a non-dispersive infrared (NDIR) exhaust gas analyzer that fulfills the specifications for this device pursuant to § 614 of this title.

753.5 Emission test of these motor vehicles shall be performed while the motor vehicle is idling in accordance with the following procedures:

(a) Motor vehicles equipped with manual transmission shall be placed in “neutral” for the purpose of the test;

(b) Motor vehicles equipped with automatic transmissions shall be placed in “park” for the purpose of the text; and

History

SOURCE: Section 2 of the District of Columbia Exhaust Emission Inspection/Maintenance Program Amendments Act of 1980, D.C. Law 3-152, 27 DCR 4907 (November 7, 1980), 32 DCRR § 6.603 (e); as amended by Final Rulemaking published at 30 DCR 2571, 2572 (May 27, 1983); and §4(b) of the Motor Vehicle Biennial Inspection Amendment Act of 1993, 41 DCR 1014 (March 4, 1994).

18 DCMR § 754 FEDERAL TRANSIENT EMISSIONS TEST: TESTING PROCEDURES

754.1 Approved testing procedures used to perform the federal transient emissions test shall meet the performance standards established in 40 CFR 51.357 and Appendix E of 40 CFR or a U.S. Environmental Protection Agency approved equivalent.

754.2 Prior to performing the federal transient emissions test, the motor vehicle shall be inspected in accordance with chapters 6 and 7 of this title to determine that the vehicle can safely undergo the federal transient emissions test.

754.3 A vehicle failing the inspection required by § 754.2 shall be rejected, and no federal transient emissions test shall be performed until the vehicle passes reinspection.

754.4 Detailed procedures used to perform the federal transient emissions test shall be included in the current edition of the Lane Operator’s Inspection Manual, or when applicable, the current edition of the AAMVA Manual.

History

SOURCE: Final Rulemaking published at 41 DCR 4941, 4938 (July 22, 1994); as amended by Fiscal Year 2010 Budget Support Act 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 291 (January 8, 2010). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 754

18 DCMR § 755 FEDERAL TRANSIENT EMISSIONS TEST: EQUIPMENT

755.1 Approved engine emission analyzers and related equipment used to perform the tailpipe exhaust emissions portion of the federal transient emissions test shall meet the performance standards established in 40 CFR Parts 51, 85, and 86 or a U.S. Environmental Protection Agency approved equivalent.

755.2 Approved test equipment used to perform the evaporative systems integrity portion of the federal transient emissions test shall meet the performance standards established in 40 CFR Parts 51, 85, and 86 or a U.S. Environmental protection Agency approved equivalent.

755.3 Approved engine emission analyzers used to perform the idle tailpipe exhaust emissions portion of the federal transient emissions test shall meet the performance standards established in the California Bureau of Automotive Repairs (BAR) 90 specifications, as specified in 40 CFR Part 51, Appendix D.

18 DCMR § 756 FEDERAL TRANSIENT EMISSIONS TEST: QUALITY ASSURANCE PROCEDURES

756.1 Quality assurance procedures necessary for the federal transient emissions test shall meet the performance standards established in 40 CFR Parts 51.359-51.367 or a U.S. Environmental Protection Agency approved equivalent.

756.2 Equipment calibration procedures necessary for the federal transient emissions test shall meet the performance standards established in 40 CFR parts 51.359-51.367 or a U.S. Environmental protection Agency approved equivalent.

756.3 Detailed procedures used to perform the quality assurance and equipment calibration procedures necessary for the federal transient emissions test shall be included in the current edition of the Lane Operator’s Manual, or when applicable, to the current edition of the AAMVA Manaul.

History

Source: Final Rulemaking published at 41 DCR 4939, 4941 (July 22, 1994); as amended by Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111), at 57 DCR 181, 291 (January 8, 2010).

18 DCMR § 757 LOW-SPEED VEHICLES

757.1 Low-speed vehicles shall comply with the safety standards set forth in Federal Motor Safety Standard No. 500 at 49 C.F.R. § 571.500.

757.2 The manufacturer’s certificate of origin shall clearly identify the vehicle as a low-speed vehicle.

757.3 Aftermarket conversion of manufactured non-compliant vehicles to low-speed vehicles not in compliance with Federal Motor Vehicle Safety Standards is prohibited.

History

SOURCE: Final Rulemaking published at 57 DCR 5243, 5246 (June 18, 2010).

18 DCMR § 758 SIDE GUARDS

758.1 Commercial motor vehicles registered in the District with a manufacturer’s gross vehicle weight rating exceeding ten thousand pounds (10,000 lbs.) shall be equipped with a side guard. The requirement imposed by this subsection shall apply twenty-four (24) months after the effective date of this subsection.

758.2 Pursuant to US Department of Transportation Volpe Side Guard Standard (US DOT Standard DOT-VNTSC-OSTR-16-05:

(https://rosap.ntl.bts.gov/view/dot/12371), side guards shall allow for a maximum thirteen-point-eight inch (13.8”) ground clearance, maximum thirteen-point-eight inch (13.8”) top clearance; be up to four feet (4’) in height; and have a minimum impact strength of four hundred and forty pounds (440 lbs.); achieve a smooth and continuous longitudinal (forward to backward) impact surface flush with the vehicle sidewall. Side guards may include rail style guards, provided that such rails shall be no less than four inches (4”) tall and no more than eleven-point-eight inches (11.8”) apart; and may incorporate other vehicle features such as tool boxes and ladders.

History

SOURCE: Final Rulemaking 66 DCR 00056 (January 4, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 758

18-8 SAFETY RESPONSIBILITY

18 DCMR § 800 GENERAL PROVISIONS

800.1 The rules contained in this chapter shall govern the following procedures:

(a) (REPEALED)

(b) Verification of insurance;

(c) Suspension of operating privileges arising out of motor vehicle accidents occurring in the District of Columbia and elsewhere;

(d) Filing of proof of financial responsibility for the future; and

(e) Qualification of applicants for self-insurance certificates.

800.2 For the purposes of this chapter, “Act” shall mean the Motor Vehicle Safety Responsibility Act of the District of Columbia (D.C. Code § § 40-401 et seq. (1990 Repl. Vol.)).

800.3 Appeals from any final decision of the Director pursuant to this chapter shall be taken to the Traffic Adjudication Appeals Board.

800.4 The Director, upon written request and upon payment of a fee of two dollars ($ 2.00) shall furnish to any person the certified name of the insurance company and the certified policy number of the motor vehicle insurance of any owner or operator of a motor vehicle registered in the District of Columbia or issued a reciprocity sticker.

800.5 Except for §§ 800.4, 801, 803 and 807, the provisions of this chapter shall not apply to the owner of any motor vehicle who has complied with the requirements of the No-Fault Insurance Act as amended, or the Act approved June 29, 1938 (52 Stat. 1233, D.C. Code § 44-302 (1990 Repl. Vol.)).

800.6 Any person who violates any provision of this chapter shall be subject to the penalty prescribed by the Act.

History

SOURCE: Final Rulemaking published at 51 DCR 5053 (May 14, 2004).

18 DCMR § 801 FEES FOR RECORDS

801.1 A certified or uncertified abstract of the operating record of any person who has become subject to the Act shall be furnished to any person upon written request to the Director, accompanied by the fee specified in this section.

801.2 A certified abstract of an operating record shall contain the following:

(a) An enumeration of the motor vehicle accidents in which the person has been involved which have been reported to the Department;

(b) A record of convictions for violations of motor vehicle laws, rules, or regulations; and

801.3 The fee for a certified abstract shall be seven dollars ($ 7.00).

801.4 An uncertified abstract of an operating record shall not list any vehicles registered in the name of the person, but shall contain the following:

(a) An enumeration of the motor vehicle accidents in which the person has been involved which have been reported to the Department; and

(b) Any record of convictions for violations of motor vehicle laws, rules and regulations.

801.5 The fee for each uncertified abstract depicting less than ten (10) years is seven dollars ($ 7) and the fee for each uncertified abstract depicting ten (10) or more years is thirteen dollars ($ 13).

801.6 The annual fee for electronic access to Department of Motor Vehicle driver records shall be one hundred dollars ($ 100).

801.7 The annual fee for periodic receipt of electronic files containing customers’ registration-related information shall be one thousand two hundred dollars ($ 1,200).

801.8 The fees in this section may be modified by the Director of the Department of Motor Vehicles to cover administrative costs.

801.9 Persons seeking information under §§ 801.6 or 801.7 shall apply pursuant to procedures established by the Director.

801.10 A person seeking information identified under this section must be eligible to receive the information pursuant to District of Columbia and federal privacy laws.

801.11 A request for a certified or uncertified abstract pursuant to a subpoena shall be subject to the fee specified in this section, except if the subpoena is submitted by a governmental entity.

801.12 A fee shall not be imposed for a certified or uncertified abstract if the abstract is requested by a person filing an in forma pauperis petition.

History

SOURCE: Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by D.C Act 15-704 published at 52 DCR 1700 (February 25, 2005); as amended by Final Rulemaking published at 57 DCR 5243, 5247 (June 18, 2010).

18 DCMR § 802 SERVICE OF NOTICES OR ORDERS

802.1 Any notice or order served under the authority of this chapter shall be properly served upon the person to whom the notice is directed if a copy of the notice or order is served upon him or her personally, or if a copy of the notice or order is mailed postage prepaid to the last known address of the person to be notified and the copy is not returned by the Postal Service authorities.

802.2 For the purpose of this chapter, with respect to any person licensed by the District to operate a motor vehicle or whose motor vehicle is registered in the District, the term “last known address” shall mean the most recent address shown on the records of the Department.

802.3 Proof of service of any notice or order in the manner specified by this section shall be made by the certificate or affidavit of any officer, employee, or agent of the District, naming the person on whom the notice or order was served and specifying the time, place, and manner of service.

802.4 The Chief of the Metropolitan Police Department or his or her agent shall take such action as may be necessary to serve any notice or order issued under the authority of the Act and the provisions of this chapter on the person affected by the notice or order.

18 DCMR § 804 SUSPENSION OF REGISTRATION AND LICENSE: UNSATISFIED JUDGMENT

804.1 (REPEALED)

804.2 (REPEALED)

804.3 (REPEALED)

804.4 (REPEALED)

804.5 (REPEALED)

804.6 (REPEALED)

804.7 (REPEALED)

804.8 (REPEALED)

804.9 (REPEALED)

804.10 Any person whose license and registration, or nonresident’s operating privilege has been suspended, is about to be suspended, or shall become subject to suspension under the provisions of the Act because of an unsatisfied judgment arising out of the ownership, maintenance, or use of a vehicle, may be relieved from the requirements of the Act and this chapter by proof satisfactory to the Director that, at the time of the accident upon which the judgment has been rendered, the person was insured pursuant to the Act or pursuant to § 800.5 of this chapter.

History

SOURCE: Final Rulemaking published at 30 DCR 4757, 4766 (September 16, 1983); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005).

18 DCMR § 805 PROOF OF FINANCIAL RESPONSIBILITY

805.1 Whenever any person is required to give proof of financial responsibility, that person shall give proof for each and every motor vehicle of which that person is the owner or in which that person has or will acquire an ownership interest.

805.2 For purposes of the Act, the requirement to submit proof of financial responsibility shall be satisfied by submission of a form customarily used by the insurance industry for that purpose including, but not limited to, the SR-22.

805.3 A requirement of proof of financial responsibility shall remain in effect from the date ordered until the person requests that the Director cancel the requirement of proof of financial responsibility and under any one of the following conditions:

(a) A period of three (3) years has expired from the date the proof of financial responsibility was required and the person has given the Director evidence satisfactory to the Director of the following:

(1) That the person has not been convicted of, or forfeited bail on, an offense which is listed in §§ 37 or 39 of the Act;

(2) That there is no pending action for damages based upon a liability action which is covered by the proof of financial responsibility;

(3) That there is no unsatisfied judgment based upon a liability action which is covered by the proof of financial responsibility; and

(4) That the person has not been involved within one (1) year immediately preceding the request for cancellation, in any motor vehicle accident resulting in injury to any person or damage to property of any person;

(b) The person required to furnish the proof of financial responsibility has died;

(c) The person required to furnish the proof of financial responsibility has become permanently incapacitated and has surrendered his or her license. The permanent incapacity of the person required to furnish the proof shall be proven by the certification of at least two (2) physicians licensed to practice medicine in the District of Columbia, or, in the case of a nonresident, two (2) physicians licensed in the District of Columbia or in the state in which the nonresident resides; or

(d) The person required to furnish the proof of financial responsibility shall surrender his or her license and registration to the Director. If that person applies for a license or registration within three (3) years from the date the proof of financial responsibility is required, the license or registration shall be denied unless that person furnishes proof of financial responsibility for the remainder of the three (3) year period.

805.4 In the case of an insurance company not authorized to do business in the District of Columbia whose insured is not a resident of the District or the vehicle insured is not registered in the District, the company shall meet the requirements of § 55 of the Act.

805.5 A certificate of financial responsibility shall contain the following:

(a) The full name and address of the insured;

(b) The policy number and effective dates of the insurance policy;

(d) A designation by explicit description or by appropriate reference of all vehicles with respect to which coverage is thereby granted.

805.6 Whenever a change of coverage is required, a notice of the change of coverage shall be filed with the Director. That notice shall contain all the information described in § 805.5 with respect to the original insurance certificate.

History

SOURCE: Final Rulemaking published at 52 DCR 758 (Jun 17, 2005).

18 DCMR § 807 SELF-INSURERS

807.1 Any person in whose name twenty-six (26) or more motor vehicles are registered in the District may qualify as a self-insurer by applying to the Director for a certificate of self-insurance.

807.2 The Director shall require that the applicant furnish a financial statement and other pertinent information on a form prescribed by the Director.

807.3 If the Director is satisfied that the applicant has and will continue to have the ability to pay benefits in the amounts specified by the Act, the Director may issue a certificate authorizing that person to act as a self-insurer for property damage, for bodily injury, or for personal injury protection benefits.

807.4 For the purpose of satisfying the requirements of the Act and the No-Fault Insurance Act, each self-insurer approved by the Director shall file an agreement that, with respect to accidents occurring while the certificate of self-insurance is in effect, the self-insurer will pay the same monetary amounts that an insurance company would have been obliged to pay under an owner’s motor vehicle insurance policy if an insurance company had issued a motor vehicle insurance policy to the insurer.

807.5 A certificate of self-insurance shall be effective for a period of one (1) year from the date of issuance.

807.6 After not less than five (5) days notice and a hearing, if requested, pursuant to that notice, the Director may revoke a certificate of self-insurance for any reasonable grounds including, but not limited to, the following:

(a) Failure to pay any required benefits within thirty (30) days after the notice of injury:

(b) Failure to own and register the required number of motor vehicles;

(d) Failure of the self-insurer to pay an assessment levied pursuant to the No-Fault Act and rules issued by the Superintendent of Insurance; and

(e) Failure to comply with all District laws applicable to self-insurers.

History

SOURCE: -- as amended by Final Rulemaking published at 57 DCR 5243, 5247 (June 18, 2010).

18-9 DRIVING INSTRUCTORS AND DRIVING SCHOOLS

18 DCMR § 900 MOTOR VEHICLE DRIVING INSTRUCTORS

900.1 Except as provided in § 911, no person shall act as a motor vehicle driving instructor unless licensed by the Director under the provisions of §§ 900 and 901 of this chapter.

900.2 The Director may adopt rules necessary to carry out the provisions of §§ 900 and 901 of this chapter.

900.3 For the purposes of §§ 900 through §§ 910 of this chapter, the term “instructor” means any person, whether acting for himself or herself as operator of a school or acting for any school for compensation, who teaches, conducts classes, gives demonstrations, or supervises practice for persons in driving motor vehicles.

900.4 The Department shall not issue any driving instructor’s license to any of the following:

(a) Any person who is under eighteen (18) years of age;

(b) Any person who is unable to read, write, and speak the English language;

(d) Any person who does not possess a valid District of Columbia motor vehicle operator’s license;

(e) Any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not, at the time of application, been restored to competency by the methods provided by law;

(f) Any person who is required by this title to take an examination unless that person has successfully passed the examination;

(g) Any person employed by a Federal or District agency which has an established policy forbidding its employees from operating a public vehicle for hire;

(h) Any employee of the Department of Public Works whose employment is concerned directly with the issuance of any license;

(i) Any person who has not, within the three (3) years immediately preceding the date of application for an instructor’s license, resided for at least one (1) year in the Metropolitan Area and had at least one (1) year of driving experience as a licensed motor vehicle operator in the Metropolitan Area;

(j) Any person who, by reason of physical or mental disability, the Director has good cause to believe would not be capable of safely operating a public vehicle;

(k) Any person who has been convicted of offenses against traffic regulations of the District or elsewhere with such frequency as to indicate a disrespect for traffic laws and a disregard for the safety of other persons or property;

(l) Any person who is a chronic alcoholic or who is addicted to the use of drugs;

(m) Any person who is on parole or probation at the time of filing the application for an instructor’s license; Provided, that if the parole or probation arose out of conviction for a crime other than those listed in paragraph (n) of this subsection, the applicant may be considered for approval by the Director if a letter from the appropriate parole or probation officer is submitted with the application stating that there is no objection to the issuance of an instructor’s license; and

(n) Any person who has, within the three (3) years immediately preceding the filing of the application, been convicted of, is serving a sentence for, or is under indictment for committing or attempting to commit any of the following crimes:

(1) Murder, manslaughter, mayhem, malicious disfiguring of another, abduction, kidnapping, burglary, housebreaking, robbery, or larceny;

(2) Assault with intent to commit any offense punishable by imprisonment in a penitentiary;

(3) Any sex offense; and

(4) Any violation of the narcotics laws.

900.5 The Director shall issue an instructor’s license to an applicant who has complied with the provisions of §§ 900 and 901.

900.6 All licenses shall expire on October 31st of each calendar year.

900.7 In case of the loss, theft, or destruction of any instructor’s license, the licensee shall immediately notify the Director of the loss, theft, or destruction.

900.8 Upon application made under oath on the form required by the Director, and upon payment of a fee of seven dollars ($ 7.00), the Director may issue a duplicate license.

900.9 An instructor shall display the motor vehicle instructor’s license prominently in the vehicle used while instructions are being given.

History

SOURCE: D.C. Act 16-636 published at 54 DCR 903, 921 (February 2, 2007).

18 DCMR § 901 APPLICATION FOR AN INSTRUCTOR’S LICENSE

901.1 Each application for an instructor’s license shall be made upon a form furnished by the Director and shall be accompanied by the proper fee.

901.2 Each application for an original or renewal license shall be accompanied by a fee of fifty ($ 50.00) dollars. The fees shall not be refunded in the event the license is suspended or revoked.

901.3 Each application shall state the full name, date of birth, sex, social security number, and residence of the applicant and such other information as the Director may require to determine the applicant’s identity, competency, and eligibility, including a full statement by the applicant of all charges placed against the applicant, both criminal and traffic, in the District of Columbia and elsewhere.

901.4 Each application shall be accompanied by two (2) new full face photographs, size two and one-half by two and three quarter inches (2 ½ in. x 2 ¾ in.), and by three (3) sheets of fingerprints of the applicant taken at the headquarters of the Metropolitan Police Department. One sheet of fingerprints shall be furnished to the Federal Bureau of Investigation.

901.5 Each application shall contain the name and addresses of three (3) persons who shall be responsible business persons residing in the Metropolitan Area who have known the applicant for a period of one (1) year or more and who will vouch for the sobriety, honesty, and good character of the applicant.

901.6 Each application shall be accompanied by a certificate from a reputable physician of the District certifying whether, in the physician’s opinion, the applicant is afflicted with any disease or infirmity which might make the applicant an unsafe or unsatisfactory instructor of motor vehicle drivers.

18 DCMR § 902 REFUSAL TO ISSUE: SUSPENSION, OR REVOCATION OF INSTRUCTOR’S LICENSE

902.1 The Director may refuse to issue or renew, or may suspend or revoke a license issued under the provisions of §§ 900 and 901 in any case where the Director finds the applicant or licensee has violated or failed to comply with any of the provisions of §§ 900 and 901, or whenever the Director finds that the person to whom it was issued is no longer physically, mentally, or morally qualified to hold such license.

902.2 Upon suspending, revoking, or refusing to issue or renew a license, the Director shall immediately notify the applicant or licensee, stating the reasons for the action and affording a reasonable opportunity for hearing.

902.3 Service of any order of suspension or revocation shall be by registered mail, return receipt requested, to the last known address of the licensee on file in the Department.

902.4 If such notice is returned for reasons other than refusal, then the order shall be referred to the Chief of Police, Metropolitan Police Department, for personal service by a member of that department.

902.5 Any order of suspension or revocation shall be effective on the date it is mailed by registered mail, return receipt requested, to the last known address of the licensee on file with the Department; Provided, that if the notice is returned for reasons other than refusal, the effective date of the notice shall be the date on which personal service is made on the licensee or his or her attorney.

902.6 A suspended or revoked license shall be returned immediately to the Director by the licensee.

902.7 An Appeals Board shall review an order suspending or revoking a license if the licensee files a written request stating the reasons for the requested review within five (5) days of the effective date of the order of suspension or revocation.

902.8 An examiner shall review a refusal to issue a license if the applicant files a written request stating the reasons for the requested review within five (5) days of the refusal to issue a license.

18 DCMR § 903 [RESERVED]

18 DCMR § 904 [RESERVED]

18 DCMR § 905 MOTOR VEHICLE DRIVING SCHOOL LICENSES

905.1 No person shall engage in the business of conducting a driving school in the District of Columbia without first obtaining a license in accordance with the provisions of this chapter.

905.2 For the purposes of this chapter, the “business of conducting a driving school” means giving instruction in driving a motor vehicle in the District of Columbia, where a fee for the instruction is charged either directly or indirectly.

905.3 The offering of a course, approved under § 911, shall not constitute “the business of conducting a driving school,” where the person or organization approved to offer a course under § 911 is not primarily in the business of offering driving instruction to persons below the age of fifty-five (55) for a fee, either directly or indirectly.

905.4 For the purposes of this chapter, “person” includes an individual, firm, corporation, partnership, association, company, executor, administrator, guardian, or trustee.

905.5 The driving school license shall be conspicuously displayed at the place of business of the licensee.

905.6 No person shall be employed by any driving school to give instructions in driving a motor vehicle unless he or she is licensed to act as an instructor under the provisions of this chapter.

905.7 Any violation of §§ 905 through 910 of this chapter shall be punishable by a fine of not more than three hundred dollars ($ 300), or imprisonment for not more than ninety (90) days (D.C. Code § 47-2347 (1990 Repl. Vol.)).

905.8 In addition to any other penalty prescribed by law any violation of these regulations, either before or after conviction therefore, shall be grounds for revocation of the driving school license.

18 DCMR § 906 APPLICATIONS FOR DRIVING SCHOOL LICENSES

906.1 Application for a license under this section shall be filed with the Director, Department of Consumer and Regulatory Affairs or his or her authorized agent, and shall contain the information required by the Director of that Department.

906.2 Each application shall be accompanied by a certificate from an insurance company authorized to do business in the District indicating that each vehicle owned or registered in the name of the applicant, or controlled by the applicant, which is to be used for the purpose of giving driving instructions is covered by liability insurance in the following manner:

(a) Twenty-five thousand dollars ($ 25,000) for personal injury to, or death of, any one (1) person;

(b) Fifty thousand dollars ($ 50,000) for personal injuries to, or death of, any number of persons involved in any single accident; and

(c) Five thousand dollars ($ 5,000) for property damage in any single accident, resulting from the negligence of the applicant, or any agent, employee, or student of the applicant.

906.3 Upon approval by the Director of the Department of Public Works or his or her designee, and the Director of the Department of Consumer and Regulatory Affairs or his or her designee, the latter shall issue a license to the applicant.

906.4 A driving school license shall be valid for one (1) year or less, and all driving school licenses shall expire on October 31st of each year.

906.5 A fee of twenty-five dollars ($ 25.00) shall be charged for each annual license issued under this section.

906.6 In case of loss, mutilation, or destruction of a license, the Director, Department of Consumer and Regulatory Affairs shall issue a duplicate license upon proof of the facts and payment of a fee of one dollar ($ 1.00).

18 DCMR § 907 REFUSAL TO ISSUE A DRIVING SCHOOL LICENSE

907.1 The Director, Department of Consumer and Regulatory Affairs, may deny the application of any person for a license, if in his or her discretion, he or she determines any of the following:

(a) The applicant has made a material false statement or concealed a material fact in connection with the application;

(b) The applicant, or any officer, director, partner, or other person directly interested in the business was the former holder or was an officer, director, or partner in a corporation or partnership which was the former holder of a driving school license which was revoked by the District;

(c) The applicant or any officer, director, partner, employee or any other person directly interested in the business has been convicted of a felony, or of any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;

(d) The applicant has failed to furnish satisfactory evidence of good character, reputation, and fitness;

(e) The applicant does not meet the requirements of § 907;

(f) The applicant is not the true owner of the driving school; or

(g) The application is not accompanied by the insurance certificate required by § 906.

18 DCMR § 908 PLACE OF BUSINESS OF A DRIVING SCHOOL

908.1 No license shall be issued, nor shall any renewal of a license be made, for conducting a drivers’ school unless the school has a designated place of business in the District, or complies with the provisions of § 907.3.

908.2 For the purposes of this chapter, “place of business” means a designated location at which the business of a drivers’ school is transacted and its records kept.

908.3 A driving school license or renewal may be issued to an applicant which has its principal place of business outside of the District upon the filing by the applicant with the Director, Department of Consumer and Regulatory Affairs, a written statement designating a resident agent in the District for the service of process, and of any notice, order, or rule to show cause issued by the Director, Department of Consumer and Regulatory Affairs, or any other officer or department of the District, in connection with any proceedings arising out of the conduct of the driving school business in the District.

908.4 A copy of any notice, order, or rule to show cause served upon a designated agent of a driving school shall be sent by registered mail to the licensee at its principal designated place of business.

908.5 Each licensee shall keep such records as the Director, Department of Consumer and Regulatory Affairs may require. The records of the licensee shall be open to inspection by the Director, or his or her-designee, and the Chief of Police, or his or her representative, at all times during reasonable business hours.

18 DCMR § 909 VEHICLES USED BY DRIVING SCHOOLS

909.1 No motor vehicle owned or controlled by a driving school may be used for the purpose of giving instructions in the District until the driving school licensee has obtained from the Director of the Department of Consumer and Regulatory Affairs a school vehicle identification certificate which shall be conspicuously displayed in that vehicle at all times while the vehicle is being used either for driving instruction or for a road test.

909.2 The driving school vehicle identification certificate shall not be issued unless and until the following requirements are met:

(a) The vehicle is equipped with dual controls on foot brake and clutch, if any, and otherwise equipped in accordance with this title; and

(b) The licensee has filed with the Director of the Department of Consumer and Regulatory Affairs satisfactory evidence of insurance coverage as required by § 906.

18 DCMR § 910 ADVERTISING BY DRIVING SCHOOLS

910.1 No licensed driving school shall use any name other than its licensed name for advertising or publicity purposes, nor shall a school advertise or imply that it is “supervised,” “recommended,” “endorsed,” “accredited,” or “approved” by the District of Columbia.

910.2 A driving school may exhibit on its premises a sign reading, “THIS SCHOOL IS LICENSED BY THE DISTRICT OF COLUMBIA,” and may advertise that fact.

910.3 No driving school shall publish, advertise, or intimate that a license is guaranteed or assured to any person.

910.4 No owner, representative, agent, or employee of any driving school shall engage in any conduct or make any representation tending to give the impression that a license to operate a motor vehicle, or any other license, permit, registration, or service granted by the Department of Public Works, may be obtained by any means other than prescribed by law, or by furnishing or obtaining the same by illegal or improper means, nor shall any owner, representative, agent or employee request, accept, exact, or collect any money or anything of value for that purpose.

18 DCMR § 911 APPROVAL AND CERTIFICATION OF MOTOR VEHICLE ACCIDENT PREVENTION COURSES

911.1 The term “person” includes an individual, firm, corporation, partnership, association, and company.

911.2 No person shall offer, conduct, or engage in the business of offering or conducting a motor vehicle accident prevention course within the meaning of the Senior Citizen Motor Vehicle Accident Prevention Course Certification Act of 1983 (hereafter “course”), without obtaining a certificate of approval from the Director pursuant to the provisions of this section.

911.3 A person shall file an application for approval of a course with the Director.

911.4 The application shall be on the form furnished by the Director and shall contain the information required by the Director.

911.5 The application shall contain the following information:

(a) The name of the person submitting the application;

(b) A copy of the proposed senior citizen motor vehicle accident prevention course materials, curriculum, and promotional documents;

(c) The full name, address, date of birth, sex, social security number, and residence of each person proposed to instruct the course. The applicant shall certify that each person proposed to instruct the course meets the qualifications set forth in § 900.4;

(d) If the proposed course includes field driving instruction, then the application shall include the following:

(1) The number, date of issuance and expiration date of the driver instructor’s license issued pursuant to § 900.5 for each person proposed to give field driving instruction; and

(2) The insurance certificate required pursuant to § 906.2;

(e) A copy of the manual and course materials to be used in training and preparing instructors; and

(f) The fee, if any, for the course; and the level of compensation for instructors of the course.

911.6 Course approval and certification shall be valid for a two (2) year period.

911.7 The fee charged, if any, for the course; and the level of compensation for instructors of the course.

911.8 No course shall be approved unless the course fulfills the requirements set forth in this section.

911.9 An approved classroom course shall require that each student receives a minimum of six (6) hours of instruction for the initial course and four (4) hours of instruction for the renewal courses.

911.10 The curriculum of a course shall include, but not be limited to, the following subjects:

(a) Concept of accident preventability, including a discussion of the magnitude of traffic accident problems;

(b) Techniques of defensive driving and responding to critical situations, including but not limited to, the following subjects:

(1) Interpreting events that require evasive action;

(2) Determining the appropriate response to situations caused by mechanical failure of the motor vehicle; and

(3) Determining risk factors created by a variety of psychological, social, and physical factors that can facilitate or inhibit the functions required in driving, including but not limited to, the following:

(c) The effects of, and relationships between, alcohol, illicit drugs and medication, and driving performances and compensating measures;

(d) The negative stresses and compensating measures associated with physical, mental, and social conditions as they relate to driver performances; and

(e) The age-related physical, mental, and psychological changes of drivers fifty (50) years of age and older; and

(f) District of Columbia traffic laws and regulations, vehicle dynamics capabilities, limitations, and highway environmental factors, including the following:

(1) Traffic laws and regulations, such as signs, signals and markings, rights-of-way requirements, and speed;

(2) Vehicle capabilities, such as stopping distances and passing abilities; and

(3) Highway settings, operating environments and adverse conditions such as the effects of illumination, obstructions, snow, ice, rain or fog.

911.11 Upon approval of a course by the Director, the Director shall issue to the applicant a Certificate of Approval for a Senior Citizen Motor Vehicle Accident Prevention Course in a form furnished by the Director, indicating the date of approval, date of expiration of approval, and a Certificate of Approval number.

911.12 No motor vehicle may be used for the purpose of giving driving instructions under an approved and certified Senior Citizen Motor Vehicle Accident Prevention Course unless the applicant has obtained from the Director a driving school vehicle identification certificate which shall be conspicuously displayed in the motor vehicle at all times while the motor vehicle is being used either for driving instruction or a road test.

911.13 The driving school vehicle identification certificate shall not be issued unless and until the motor vehicle for which it is to be issued is equipped with dual controls on foot brake and clutch, if any, and otherwise equipped in accordance with this title.

911.14 A person who obtains approvals for a course shall do the following:

(a) Conduct the course in accordance with the curriculum approved by the Director;

(b) Apply to the Director for approval of any proposed additions to, deletions from or changes in an approved course, curriculum, instructors, and qualifications of approved instructors under the approved application;

(d) Provide the Director, upon request, with a schedule of class dates, times and locations;

(e) Perform all necessary administrative functions in connection with the course;

(f) Provide each participant at the time of enrollment in the course with a printed statement that indicates that an insurer shall offer a reduced premium for motor vehicle insurance to an insured who is at least fifty (50) years of age and who has, within the preceding two (2) year period, successfully completed an accident prevention course approved pursuant to this section;

(g) Obtain the Director’s approval of the certificate of course completion, which shall at a minimum, indicate the number given the Certificate of Approval issued pursuant to § 911.11;

(h) Provide each participant with a certificate of course completion upon satisfactory completion of the course;

(i) Maintain records which indicate the name, address, and drivers license number of those individuals who have completed the course within the previous three (3) years;

(j) Provide the Director with access to the records of the approved course, and monitor and evaluate any and all elements or components of the course, including but not limited to, the following:

(1) Classroom facility;

(2) Field driving;

(3) Use of instructional material;

(4) Actual presentations; and

(5) Any other matter deemed necessary to evaluate the course;

(k) Allow the Director or his or her designee to inspect and observe the course; and

(l) Display the Certificate of Approval of the course issued pursuant to § 911.11 and course fee, if any, in a prominent or conspicuous place while instruction is being given.

911.15 Upon five (5) days’ notice and an opportunity for a hearing pursuant to chapter 10 of this title, the Director may rescind or cancel the Certificate of Approval of a course prior to the expiration of the two (2) year time period established by § 911.6, for any of the following reasons:

(a) Material deletions, or additions to, the curriculum which have not been specifically approved by the Director, including persons authorized to instruct such courses not approved by the Director;

(b) Pursuant to an evaluation or monitoring under §§ 911.14(j) and 911.14(k), the Director determines that the course is administered in an unsatisfactory manner;

(d) The applicant or licensee fails to comply with any of the provisions of this section; or

(e) Fraud, misrepresentation, or other illegal conduct in the administration of any approved courses.

911.16 All promotional advertising of a Senior Citizen Motor Vehicle Accident Prevention Course by a licensed driving school shall be subject to the provisions of 18 DCMR 910, “Advertising by Driving Schools.”

History

SOURCE: As amended by the Older Adult Driver Safety Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-0051; 60 DCR 15155 (November 1, 2013)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 911

18-10 PROCEDURES FOR ADMINSTRATIVE HEARINGS

18 DCMR § 1000 GENERAL PROVISIONS

1000.1 The rules of procedure set forth in this chapter shall govern the following:

(a) The form, content, and filing of pleadings in contested cases;

(b) The procedure for submission, consideration, and disposition of petitions for the adoption, amendment, or repeal of rules and regulations the adoption of which has been delegated to the Director;

(d) The final determination of the policy of the Department in any case in which the rights, duties or privileges of any person are in issue.

1000.2 In any case where the statute involved provides a procedure inconsistent with this chapter, the statute shall govern to the extent of such inconsistency.

1000.3 If in any case the forms set out in this chapter are found to be inappropriate, parties may devise forms substantially similar to those herein prescribed to meet such situations.

1000.4 The hearings provided in the statutes, rules, and regulations administered by the Department, as well as petitions requesting the promulgation, amendment, or repeal of any rule or regulation coming within the purview of authority delegated to the Director, or for a declaratory order pursuant to the Administrative Procedure Act, shall be heard or considered by the Director or by a Hearing Examiner designated by him or her.

18 DCMR § 1001 COMPUTATION OF TIME

1001.1 When, by notice given under this chapter, or by order or decision of an Examiner, an act is required or allowed to be done at or within a specified time, the Examiner for cause shown may, at any time in his or her discretion, do either of the following:

(a) With or without motion or notice, order the period enlarged, if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(b) Upon motion made after expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect and only then in extraordinary cases where the denial of an enlargement of time would operate to deny a person adversely affected thereby any opportunity to notice and hearing.

1001.2 In computing any period of time prescribed or allowed by this chapter, by notice, order, rule, or regulation of the Department, or by statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

1001.3 The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

1001.4 Whenever a party has the right or is required to take action within the period prescribed by this chapter, by a notice given thereunder, or by an order or regulation, the examiner may, before the expiration of the prescribed period, with or without notice, extend the period; or, upon motion, permit the act to be done after the expiration of the specified period, where the failure to act is clearly shown to have been the result of excusable neglect.

18 DCMR § 1002 ADOPTION OF ADMINISTRATIVE RULES AND REGULATIONS

1002.1 Whenever the Director proposes to adopt, amend, or repeal a rule or regulation, the adoption and promulgation of which has been delegated to the Director, any interested party or parties may submit data or views on the action proposed in the form of a written petition.

1002.2 Any interested party or parties may petition in writing to the Director for the adoption, repeal, or amendment of any rule, the authority for which has been delegated to the Director.

1002.3 Upon receipt, the Director may refer a petition to the Chief Examiner with a request for a written report on the advisability of any action to be taken upon the petition.

1002.4 The Chief Examiner shall submit his or her report as soon thereafter as is possible with recommendations.

1002.5 If the Director determines that the petition discloses sufficient reasons in support of the prayers therein to justify the institution of public rulemaking, an appropriate notice will be issued to all petitioners that a public hearing will be held on the matter.

1002.6 If the Director determines that the petition does not show sufficient grounds to justify rulemaking procedures, petitioner will be so notified together with the grounds for denial.

1002.7 The Director may order a hearing to be held prior to the adoption, amendment or repeal of a rule in the manner prescribed in this chapter, insofar as said procedures are applicable.

1002.8 The Examiner to whom the proceeding has been assigned shall submit to the Director a summary of the arguments of both sides and an initial decision which shall contain a statement of findings of fact and conclusions based thereon as well as the reasons thereof, and a proposed draft of any recommended rule or amendment.

1002.9 The Director shall file any rule, amendment, or repeal thereof approved by him or her with the Office of Documents and Administrative Issuances.

1002.10 If any rule is adopted pursuant to proceedings initiated by petition of any interested party, a copy of the rule shall be delivered to the party.

18 DCMR § 1003 DECLARATORY ORDERS

1003.1 Any person in interest may petition the Director for a declaratory order with respect to the applicability of any rule, order, or statute enforced or administered by the Director, to remove any uncertainty or ambiguity in the application of the rule, order, or statute, or to terminate a controversy in any case in which a hearing is not required by law for its disposition.

1003.2 Two (2) or more persons similarly situated may join in a single petition and additional parties may intervene by petition.

1003.3 Upon receipt of a petition, the Director may refer the petition to the Chief Examiner with a request for a written report on the advisability of any action to be taken.

1003.4 The Chief Examiner shall submit his or her report as soon thereafter as possible with recommendations and a proposed order, if recommended.

1003.5 If the Director determines that the petition discloses sufficient reasons in support of the prayers therein to justify a declaratory order, the Director shall submit the proposed declaratory order, or a modification of the declaratory order, accompanied by the findings of fact upon which the recommended order is based, to the Corporation Counsel for approval.

1003.6 If the Director finds that the petition involves a hypothetical or moot question; or that petitioner has no interest within the meaning of the Administrative Procedure Act in that the legal rights, duties, or privileges of such petitioner will not be substantially affected by the granting or denial of the order prayed for; or that petitioner does not intend to pursue a stated course of action in the event of a favorable order by the Director; or on other grounds deemed sufficient by the Director, such petition will be dismissed with notice to petitioner stating the grounds for the dismissal.

1003.7 The Director may order a hearing to be held prior to or after submission of the report by the Chief Examiner described in § 1003.4.

1003.8 If recommended in a case pending before the Corporation Counsel, a hearing shall be held to determine any material facts not in the record but deemed necessary by the Corporation Counsel for a decision.

1003.9 Hearings shall be held in the manner prescribed in this chapter insofar as such procedures are applicable.

1003.10 The Examiner to whom the proceeding has been assigned shall report findings of fact and, where applicable, conclusions of law in his or her report.

1003.11 The Director shall file with the Mayor any declaratory order approved by the Corporation Counsel, and a copy of the order shall be delivered to any petitioner whose name appears in the record.

18 DCMR § 1004 HEARINGS AND OTHER ADMINISTRATIVE REVIEW

1004.1 A person has a right to a hearing whenever he or she has been aggrieved or adversely affected by any act or refusal to act, or the issuance of any order or decision by the Department which is subject to review by any applicable statute, or which constitutes a “contested case” as this term is defined in the Administrative Procedure Act.

1004.2 The right to a hearing shall not extend to:

(a) Any act or decision that is based solely upon on the results of any test, examination or inspection given or made by the Department;

(b) The suspension or revocation of a driver’s license based upon point totals;

(d) The assessment of a fine for failure to maintain required motor vehicle insurance; or

(e) Any other instance where the decision to hold a hearing is left to the discretion of the Director or hearing examiner.

1004.3 Hearings may be afforded persons not otherwise qualified under the provisions of § 1004.2 in the discretion of the Director, or as specifically provided in this chapter.

1004.4 Any person entitled to a hearing may demand the hearing by written demand which shall comply with the requirements of this chapter.

1004.5 Every party shall have the right to present his or her case or defense by oral or documentary evidence, to submit evidence in rebuttal and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

1004.6 When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the examiner may fix the same time and place for each hearing and conduct the hearings jointly.

1004.7 When joint hearings are held, a single record of the proceedings shall be made, the evidence introduced in one case may be considered as introduced in the others, and a separate or joint decision shall be made, as appropriate.

18 DCMR § 1005 HEARING ON REVOCATION OR SUSPENSION OF LICENSE

1005.1 Any person whose license is revoked or suspended may, unless otherwise provided by law, demand a hearing which shall be granted, except as provided in § 1005.4.

1005.2 The hearing demand shall be made in writing to the Director within five (5) days after the issuance of a revocation or suspension order.

1005.3 There shall be no extensions of time as prescribed in § 1005.2, except as provided in § 1001.

1005.4 A person is not entitled to a hearing when the action taken by the Director is made mandatory by law or when the person has previously been afforded an opportunity with appropriate notice for a hearing.

1005.5 Upon receipt of the demand for a hearing, the Director may refer the same to the Chief Examiner for hearing and decision.

1005.6 The Director may, at the time the demand is filed, take up the regular form of license of the person against whom an order of revocation or suspension has been issued and, in such case, shall issue a temporary license for the period he or she deems necessary in order to afford that person a hearing.

1005.7 The temporary license shall operate as a stay of the order of suspension or revocation until the date of the hearing and shall contain a notice to the holder thereof of the foregoing limitation of the stay of the order.

1005.8 Temporary licenses issued pursuant to this section shall not state the fact of the proposed suspension or revocation.

1005.9 The Director may, for good cause shown, issue additional temporary licenses as he or she may deem necessary in order to carry out the intent of this section.

1005.10 If any person fails to appear at a hearing scheduled by the Director without good cause shown, the stay of the order of suspension or revocation shall become void and the order shall become effective immediately upon the expiration of such stay with no further action required of the Director.

1005.11 Temporary licenses issued under this section shall be effective or renewed until the hearing examiner’s decision is issued, the person fails to appear as required by § 1005.10, or his or her permit is suspended or revoked on other grounds pursuant to this chapter, whichever occurs first.

18 DCMR § 1006 HEARING ON REVOCATION OR SUSPENSION OF REGISTRATION, RECIPROCITY STICKER OR LICENSE PURSUANT TO THE CLEAN HANDS ACT

1006.1 Any person whose license, registration, or reciprocity sticker has been ordered revoked or suspended by the Director for knowingly falsifying a certification in violation of the Clean Hand Act (D.C. Code § 47-2861 et seq.) may request a hearing.

1006.2 The request for a hearing shall be made to the Director, in writing, within ten (10) days after the date of the revocation order.

1006.3 A request for a hearing shall stay the revocation order until the date of the hearing.

1006.4 If any person fails to appear at a hearing scheduled by the Director, the revocation order shall become effective immediately.

1006.5 Appeals from any final decision of a Hearing Examiner or Director pursuant to this section shall be taken to the Traffic Adjudication Appeals Board.

History

SOURCE: Final Rulemaking published at 48 DCR 7315 (August 10, 2001).

18 DCMR § 1007 HEARING EXAMINERS

1007.1 Upon the filing of a demand for hearing, an examiner shall be assigned to the case. Thereafter, all motions and procedural requests shall be addressed to the examiner assigned to the case.

1007.2 The Director and examiners shall have the following powers, in addition to any other powers specified in this chapter:

(a) To give notice concerning reviews and hearings;

(b) To administer oaths and affirmations;

(d) To issue subpoenas, to take depositions, or cause depositions or interrogatories to be taken;

(e) To rule upon offers of proof and to receive relevant evidence;

(f) To regulate the course and conduct of hearings and reviews;

(g) To hold conferences, before or during a hearing, for the settlement or simplification of issues;

(h) To rule on motions and to dispose of procedural requests or similar matters;

(i) To make initial or final decisions as provided herein or by law; and

(j) To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule, or regulation.

1007.3 The authority of the examiner in each case shall terminate upon the occurrence of any of the following:

(a) Expiration of the period within which requests for administrative or judicial review may be filled;

(b) When the examiner withdraws from the case upon considering himself or herself disqualified, or for any other reason;

(d) Service of a final decision, or of an initial decision, whichever is applicable.

1007.4 No examiner shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any party, or where that examiner has any interest in the matter pending for decision before him or her.

1007.5 In cases to be determined upon an evidentiary record after notice and hearing, a party desiring that an examiner disqualify himself or herself from participating in the proceeding shall file a motion as provided in § 1018.

1007.6 The Examiner to whom a case is assigned shall give the parties reasonable notice including the date and place of a hearing and the nature of the hearing.

1007.7 In no case shall notice be given less than ten (10) days prior to the hearing unless by consent of all parties to the hearing.

1007.8 In the case of a hearing for the administrative adjudication of a traffic infraction, the date and place of the hearing may be specified in the notice of infraction.

18 DCMR § 1008 DISMISSAL OF HEARINGS

1008.1 With the approval of the examiner at any time prior to the mailing of notice of the decision, a demand for a hearing may be withdrawn or dismissed upon motion of the party or parties filing the demand for the hearing.

1008.2 A party may request a dismissal by filing a written notice with the examiner or orally stating the request at the hearing.

1008.3 With the approval of the examiner, a demand for hearing may be dismissed upon its abandonment by the party or parties who filed it.

1008.4 A party shall be deemed to have abandoned a demand for a hearing if neither the party nor his or her attorney appears at the time and place fixed for the hearing and, prior to the time for hearing, the party has not shown good cause why neither he or she nor his or her attorney can appear.

1008.5 The examiner may, on his or her own motion, dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

(a) Where the doctrine of res judicata is applicable because of a final decision either by the Department or by judicial affirmance. Where the grounds asserted for a proposed revocation or suspension have been the subject of a trial and judgment by the Superior Court of the District of Columbia, and that judgment is in favor of the party demanding the hearing, the demand shall be dismissed, the proposal denied, and the license restored, without fee, unless there exists some other encumbrance on the license;

(b) Where the party demanding a hearing is not a proper party or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which an individual has been convicted of an offense following which revocation of the license is mandatory under an applicable statute, or those in which an individual has been convicted of an offense following which suspension of license or registration is mandatory under an applicable statute unless proof of financial responsibility for the future is furnished to the Department;

(c) Where the party has failed to file a timely hearing demand pursuant to the provisions of this chapter, and the time for filing the demand has not been extended under the provisions of this chapter;

(d) Where a party who filed the hearing demand dies and there is no information before the Examiner showing that an individual who is not a party may be prejudiced by the determination which is the subject of the demand for hearing; or

(e) Where the Examiner, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or the claim or prayer is frivolous.

18 DCMR § 1009 NOTICE AND EFFECT OF DISMISSAL

1009.1 Notice of the action of dismissal by the Examiner shall be given to the parties or mailed to them at their last known addresses.

1009.2 The dismissal of a demand for hearing shall be final and binding unless vacated.

1009.3 The action of dismissal shall be in the form of an order by the examiner which shall contain a statement of facts and the reason for the dismissal. No order shall be necessary where all the parties have filed an application for dismissal in writing.

1009.4 An examiner may, on motion of a party and for good cause shown, vacate any dismissal of a demand for a hearing at any time within thirty (30) days from the date of mailing notice of dismissal of a demand for hearing.

1009.5 An order containing a statement of facts and the reasons for denial of such motion shall be given to the moving parties or mailed to them at their last known address.

18 DCMR § 1010 DOCUMENTS FILED IN PROCEEDINGS

1010.1 Documents required or permitted by any provision of this chapter shall be filed with the Director.

1010.2 Documents may be filed by personal delivery or by mail.

1010.3 Unless otherwise specified, documents shall be considered to be filed on the date on which they are actually received by the Director.

1010.4 All documents filed with or presented to the Hearing Division may be retained in the files of the Division; Provided, that the Division may permit the withdrawal of original documents upon the submission of properly authenticated copies to replace the documents.

1010.5 Any party who submits data or evidence in a proceeding governed by this chapter in response to a subpoena or by request or by permission of the Department may, on payment of lawfully prescribed costs, procure a copy of any document submitted by him or her a copy of any transcript made of his or her testimony.

18 DCMR § 1011 FORMAT OF DOCUMENTS FILED IN PROCEEDINGS

1011.1 All typewritten documents shall be on strong, durable paper not larger than eight and one-half by fourteen inches (8 in. x 14 in.), except that other documents may be larger if folded to the size of the document to which they are physically attached.

1011.2 Text shall be double-spaced, except for footnotes and long quotations which may be single-spaced.

1011.3 Type not smaller than elite shall be used.

1011.4 The left margin shall be at least one and one-half inches (1 ½ in.), and all other margins shall be at least one inch (1 in.).

1011.5 If the document is bound, it shall be bound on the left side.

1011.6 Papers may be reproduced by any duplicating process, provided all copies are clear and legible.

1011.7 Appropriate notes or other indications shall be used so that the existence of any matters shown in color on the original will be accurately indicated on all copies.

1011.8 Unless otherwise specified, an executed original and one (1) copy of each document required or permitted to be filed under this section shall be filed with the Director.

1011.9 Copies need not be signed, but the name of the person signing the document, as distinguished from the firm or organization he or she represents, shall also be typed or printed on all copies below the space provided for signature.

18 DCMR § 1012 CONTENTS OF DOCUMENTS FILED IN PROCEEDINGS

1012.1 If there is no rule, regulation, or order of the Department which prescribes the content of a formal application, petition, complaint, motion, or other authorized or required document, the document shall contain a proper identification of the parties concerned, the Hearing Division Docket Number, if assigned, and a concise but complete statement of the facts relied upon and the relief sought.

1012.2 Every document shall be signed by the party filing it, or by a duly authorized officer of a business organization or the attorney of record of that party.

1012.3 The signature of the person signing the document constitutes a certification that he or she has read the document; that to the best of his or her knowledge, information, and belief every statement contained in the document is true, and no such statements are misleading; and that the document is not interposed for delay.

1012.4 The initial document filed by any person shall state on the first page the name and post office address of the person or persons who may be served with any documents filed in the proceeding.

1012.5 A document which is filed in violation of this section or in violation of any other requirements imposed by this chapter will not be accepted for filing by the Department and will not be physically incorporated in the docket of the proceeding. The sender of the document and all persons who have been served therewith will be notified informally of the action of the Department.

18 DCMR § 1013 SERVICE OF DOCUMENTS

1013.1 Formal notices, final orders, and similar documents issued by the Hearing Division will be served by the Division on all parties to the proceedings.

1013.2 Any document filed by any party with the Hearing Division or an Examiner shall be served upon all parties to the proceedings in which it is filed.

1013.3 Service may be made by regular mail, by registered or certified mail, or by personal delivery.

1013.4 Service upon a party may be upon an individual, or upon a partnership member, or upon the president or other officer of the corporation, company, firm, or association to be served, or upon the assignee or legal successor of any of the foregoing, or upon any attorney of record for the party, or upon the agent designated by a party to receive service of documents in a particular proceeding as provided by District of Columbia law other than the District of Columbia Administrative Procedure Act.

1013.5 Service by regular or registered or certified mail shall be made at the address of the party designated under § 1012.4 to receive service of documents. If no such person is designated, service may be made at the usual residence or principal place of business of the party, or, if unknown, at the last address furnished by the party to the Department.

1013.6 Proof of service shall accompany all documents when they are tendered for filing. Proof of service of any document shall consist of one of the following:

(a) A certificate of mailing executed by the person mailing the document; or

(b) An acknowledgement of service signed by a party receiving service personally or a certificate of the person making personal service.

1013.7 Acknowledgement of service may be made by any person at the address shown on the document who is sixteen (16) years of age or over.

1013.8 Whenever proof of service is made, the date of mailing shall be the date of service, except that a final order of revocation or suspension shall be considered served as provided specifically in other provisions of this title, or as provided in this section.

18 DCMR § 1014 AMENDMENT AND DISMISSAL OF DOCUMENTS

1014.1 If any document initiating or filed in a proceeding is not in substantial conformity with the rules applicable to its contents, or is otherwise insufficient, the Hearing Division may, on its own initiative, or on motion of any party, strike or dismiss the document, or require its amendment.

1014.2 If properly amended, a document shall be made effective as of the date of original filing, but the time prescribed for the filing of any further responsive document directed towards the amended document shall be computed from the date of the filing of the amendment.

1014.3 At any time more than ten (10) days prior to the date of hearing, a party may amend its pleading by filing the amended pleading with the Hearing Division and by serving copies on the other parties. After that time, amendment shall be allowed at the discretion of the examiner assigned to the case.

1014.4 Where amendment to an answerable pleading has been allowed, the examiner shall allow the adverse party a reasonable time to answer.

1014.5 A party may withdraw a pleading only upon approval of the examiner.

18 DCMR § 1015 RESPONSIVE DOCUMENTS

1015.1 Answers to applications, complaints, petitions, motions, or other documents or orders instituting proceedings may be filed by any party to the proceedings or by any person who has a petition for intervention pending.

1015.2 Except as otherwise provided, answers or any further responsive document shall be filed within seven (7) days after service of the document to which the responsive filing is directed.

18 DCMR § 1016 STYLE OF PLEADINGS AND PETITIONS

1016.1 All pleadings, notices, orders and other papers filed under the provisions of this chapter shall be captioned "Before the Department of Motor Vehicles of the District of Columbia."

1016.2 A document shall contain the Department Docket Number, if assigned.

1016.3 Each petition filed under this chapter shall be styled in the manner of pleadings as provided in this section.

1016.4 Each document shall contain a title appropriate to the proceedings which describe generally the type of document it purports to be, such as one of the following;

(a) "In the Matter of the Revocation (or Suspension) of (license, registration) of (person whose license or registration is revoked or suspended);"

(b) "In the Matter of the Adoption of a Rule Relating to ____;"

(d) "In the Matter of Applicability of Rule (or Order) No. ____of the rules relating to ____;"

(e) "In the Matter of an Application for a Certificate of Self-Insurance under D.C. Code § 40-494;" or

(f) "Motion to ____."

1016.5 Each petition shall meet the general requirements of documents under §§ 1010, 1011, and 1012.

1016.6 Upon filing, each petition shall be given a docket number and shall become a matter of public record.

1016.7 Each petition shall contain the following:

(a) A concise statement of the facts which tends to show the petitioner's interest;

(b) Supporting data, facts, or evidence upon which petitioner relies as justification for the action prayed for; and

History

SOURCE: Final Rulemaking published at 50 DCR 4399 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5988 (July 25, 2003)

18 DCMR § 1017 MOTIONS

1017.1 An application to the Director for an order or ruling not otherwise specifically provided for in this chapter shall be by motion.

1017.2 All motions shall be made at an appropriate time, depending upon the nature of the motion and the relief requested.

1017.3 Unless made during a hearing, motions shall be made in writing in conformity with § 1016, shall state with particularity the grounds for the motion and the relief or order sought, and shall be accompanied by any affidavits or other evidence desired to be relied upon.

1017.4 Motions made during hearings, answers thereto, and rulings thereon, may be made orally on the record unless the examiner directs otherwise.

1017.5 Written motions shall be filed as separate documents, and shall not be incorporated in any other documents, except as follows:

(a) When incorporation of a motion in another document is specifically authorized by a rule of the Department; or

(b) When a document is filed which requests alternative forms of relief and one of these alternative requests is properly to be made by motion.

1017.6 In the instances described in § 1017.5, the document filed shall be appropriately entitled and identified to indicate that it incorporates a motion. Otherwise the motion will be disregarded.

1017.7 Within seven (7) days after a motion is served, or such other period as the examiner may fix, any party to the proceeding may file an answer in support of or in opposition to the motion, accompanied by such affidavits or other evidence as it desires to rely upon.

1017.8 No oral argument shall be heard on motions unless directed by the examiner.

1017.9 Written memoranda or briefs may be filed with motions or answers to motions, stating the points and authorities relied upon in support of the position taken.

1017.10 All motions shall be disposed of promptly by the examiner to whom the proceeding has been assigned unless otherwise directed by the Chief Hearing Examiner.

1017.11 The filing or pendency of a motion shall not automatically alter or extend the time fixed by this chapter or any extension granted thereunder to take action.

1017.12 Except as otherwise specified in this chapter, any motion allowed under the rules of practice of the courts of the District of Columbia shall be entertained whenever applicable.

1017.13 All written motions shall be filed not later than ten (10) days prior to the date set for review or hearing unless the examiner shall find that subsequent circumstances have arisen which justify granting of leave to file the motions.

1017.14 All motions pending at the time of review or hearing shall be disposed of at that time.

18 DCMR § 1018 MOTIONS FOR LEAVE TO FILE CERTAIN DOCUMENTS

1018.1 The Hearing Division will accept otherwise unauthorized documents for filing only if leave has been previously obtained from the Division on written motion and for good cause shown.

1018.2 Motions for leave to file shall be filed within ten (10) days after service of any document or order or ruling to which the proposed filing is addressed and shall be served on all parties to the proceeding. Answers to these motions may not be filed.

1018.3 Motions for leave to file shall contain a concise statement of the matters relied upon as good cause and there shall be attached thereto the pleading or other document for which leave is sought.

1018.4 The ruling of the examiner on such motions shall be final.

18 DCMR § 1019 MOTION TO DISQUALIFY EXAMINER

1019.1 Any party desiring that an examiner disqualify himself or herself from participating in a decision shall file a motion supported by an affidavit setting forth the grounds for such disqualification within the period prescribed in § 1017.

1019.2 Failure to file a timely motion shall be deemed a waiver of disqualification.

1019.3 Application for leave to file an untimely motion seeking disqualification of an examiner shall be accompanied by an affidavit setting forth in detail why the facts relied upon as grounds for disqualification were not known and could not have been discovered with reasonable diligence within the prescribed time.

1019.4 The Chief Examiner shall rule on all such motions and his or her ruling shall be final.

18 DCMR § 1020 SUBPOENAS

1020.1 Subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence for the purpose of hearings or reviews may be issued by the examiner to whom the case is assigned, or, in the event that an examiner has not been assigned to a proceeding or the examiner is not available, by the Chief Examiner or the Director, upon application by a party to the proceeding.

1020.2 Applications shall be in writing and in the form of a motion.

1020.3 If application is made two (2) or more days prior to the hearing, the motion shall be acted upon prior to the hearing, unless all parties agree that it will be acted upon at the hearing.

1020.4 If made during a hearing, the application (motion) may be made orally on the record with the consent of the examiner.

1020.5 Motions for issuance of subpoenas shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by a description of any documentary or tangible evidence to be subpoenaed with as much particularity as is feasible.

1020.6 Where it appears at a hearing that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the examiner or Chief Examiner may issue on his or her own motion a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.

1020.7 Hearings and reviews of the Department shall be considered investigations or examinations of municipal matters within the meaning of the Act of July 1, 1902 (D.C. Code § 1-237). The provisions of D.C. Code §§ 4-601 through 4-603 shall be applicable with respect to enforcement of subpoenas issued under this section, and with respect to witness fees.

1020.8 Any person upon whom a subpoena has been served may, within ten (10) days after service, but in any event prior to the return date thereof, file with the examiner assigned to the proceeding a motion to quash or to modify the subpoena and such filing shall stay the subpoena pending final action by the examiner on the motion.

1020.9 The examiner assigned to the proceeding, or, in the event that an examiner has not been assigned to a proceeding or is not available, the Chief Examiner, shall rule on the motion promptly.

18 DCMR § 1021 DEPOSITIONS

1021.1 Any party desiring to take the deposition of a witness shall make application therefor in the form of a petition to the examiner assigned to the proceeding or, in the event that the examiner has not been assigned, to the Chief Examiner, setting forth the reasons why the deposition should be taken, the name and residence of the witness, the time and place proposed for taking the deposition, and a general description of the matters concerning which the witness will be asked to testify.

1021.2 If good cause be shown, the examiner may, in his or her discretion, issue an order authorizing the deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, and the designated officer (authorized to take oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied.

1021.3 The order shall be served upon all parties, by the person proposing to take the deposition, a reasonable time in advance of the time fixed for taking testimony.

1021.4 Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them.

1021.5 Each question propounded shall be recorded and the answers shall be taken down in the words of the witness.

1021.6 Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon, but no transcript filed by the officer shall include argument or debate.

1021.7 Objections to questions or evidence shall be noted, by the officer, upon the deposition, but he shall have power to decide on the competency or materiality or relevance of evidence, and he shall record the evidence subject to objection.

1021.8 Objections to questions or evidence not made before the officer shall not be deemed waived unless the ground of the objection is one which might have been obviated or removed if presented at that time.

1021.9 The testimony shall be reduced to writing by the officer, or under his or her discretion, after which the deposition shall be subscribed to by the witness unless the parties by stipulation waive the signing or the witness is ill, cannot be found or refuses to sign, and certified in usual form by the officer.

1021.10 If the deposition is not subscribed to by the witness, the officer shall state on record this fact and the reason therefor.

1021.11 The original deposition and exhibits shall be forwarded to the Hearing Division and shall be filed in the proceedings.

1021.12 All depositions shall conform to the specifications of §§ 1010, through 1012.

1021.13 Any fees of a witness, the stenographer or reporter, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.

1021.14 The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the proceeding.

1021.15 Only that part or the whole of a deposition, which is received in evidence at a hearing, shall constitute a part of the record in the proceeding upon which a decision is based.

18 DCMR § 1022 INTERROGATORIES

1022.1 Depositions may be taken and submitted on written interrogatories in substantially the same manner as oral depositions and shall be permitted under similar circumstances by the examiner. Two (2) copies shall be served on each party.

1022.2 Within seven (7) days after service any party may file with the examiner his or her objections, if any, to the interrogatories and may file such cross-interrogatories as he or she desires to submit.

1022.3 Cross-interrogatories shall be served in the same manner on each party as are interrogatories. Two (2) copies together with a copy of any objections to interrogatories shall be served on each party who shall have five (5) days thereafter to file and serve his objections.

1022.4 Objections to interrogatories or cross-interrogatories shall be decided by the examiner.

1022.5 Objections to interrogatories or cross-interrogatories shall be made before the order for taking the deposition issues, and if not so made shall be deemed waived.

1022.6 The provisions of §§ 1021.9 through 1021.11 shall be applicable to written interrogatories.

1022.7 Interrogatories shall conform to the specifications of §§ 1010 through 1012.

1022.8 The fact that interrogatories are filed in a proceeding as provided in this section does not constitute a determination that they are admissible in evidence or that they may be used in the proceeding.

1022.9 Only those parts or the whole of interrogatories received in evidence at a hearing shall constitute a part of the record in the proceeding upon which a decision is based.

18 DCMR § 1023 PRE-HEARING CONFERENCE

1023.1 Prior to any hearing, the examiner to whom the proceeding has been assigned may give notice of a pre-hearing conference to all parties to the proceeding and to other persons who appear to have an interest in the proceeding.

1023.2 The purpose of a pre-hearing conference is to define and simplify the issues and the scope of the proceeding; to secure statements of the positions of the parties with respect thereto and amendments to the pleadings in conformity therewith; to schedule the exchange of exhibits before the date set for hearing; and to arrive at agreements that will aid in the conduct and disposition of the proceeding.

1023.3 Pre-hearing conference agreements may include, but are not limited to, the following matters:

(a) Matters the examiner can consider without necessity of proof;

(b) Admissions of fact and of the genuineness of documents;

(d) Admissibility of evidence;

(e) Limitation of the number of witnesses;

(f) Reduction of oral testimony to written form;

(g) Procedures to be followed at the hearing; and

(h) Disposition of all pending motions.

1023.4 The examiner may require further conference, or responsive pleadings, or both.

1023.5 If a party refuses to produce documents requested by another party at the conference, the examiner may compel the production of the documents prior to hearing by subpoena issued in accordance with § 1020, as though at a hearing.

1023.6 The examiner shall issue a report of pre-hearing conference, defining the issues, specifying a schedule for the exchange of exhibits and rebuttal exhibits, the date of hearing, and specifying a time for the filing of objections to the report.

1023.7 The report shall be served upon all parties to the proceeding and any person who appeared at the conference.

1023.8 Objections to the report may be filed by any interested person within the time specified in the report.

1023.9 The examiner may revise his or her report in the light of the objections presented. Any revised report shall be served upon the same persons and parties as was the original report.

1023.10 The report (or revised report) shall constitute the official account of the conference and shall control the subsequent course of the proceeding; Provided, that it may be reconsidered and modified at any time to protect the public interest or to prevent injustice.

18 DCMR § 1024 FORMAL INTERVENTION

1024.1 Any person may move to intervene in a proceeding and may become a party thereto if the examiner finds that the party may be bound by the order to be entered in the proceeding or that the party has an interest that may not be adequately represented by existing parties; Provided, that the intervention would not unduly broaden the issues or delay the proceedings.

1024.2 Except for good cause shown, no motion for leave to intervene shall be entertained if filed less than ten (10) days prior to a hearing.

1024.3 A motion to intervene shall set forth facts tending to show the following matters, and in passing upon a motion to intervene, the examiner shall consider, among other things, the following factors:

(a) The nature of the person’s right under any statute to be made a party to the proceeding;

(b) The nature and extent of the interest of the person;

(d) The extent to which the person’s interest will be represented by existing parties;

(e) The extent to which the person’s participation may reasonably be expected to assist in the development of a sound record; and

(f) The extent to which participation of such person will broaden the issue or delay the proceeding.

1024.4 Any party to a proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in § 1024.3, within ten (10) days after the motion is filed.

1024.5 The decision by the examiner granting, denying, or otherwise ruling on any motion to intervene may be issued without receiving any testimony or oral argument either from the moving party or other parties to the proceeding.

1024.6 Notice of the decision of the examiner shall be in the form of an order which shall contain a statement of facts and the reasons for the order, and shall be served on the moving party and any other party who has filed objections to the motion.

1024.7 A party to whom a motion to intervene has been granted becomes a party to the proceeding; Provided, that intervention allowed by this section is for administrative purposes only, and no decision granting leave to intervene shall be deemed to constitute an expression by the Department that the intervening party has such a substantial interest in the order that the party will be entered in the proceeding in such manner as will entitle the party to judicial review of the order.

18 DCMR § 1025 APPEARANCES

1025.1 Any party to a proceeding may appear and be heard in person or through an attorney.

1025.2 No register of persons who may practice before the Department is maintained and no application for admission to practice is required.

1025.3 Any attorney practicing before the Department may, upon hearing and good cause shown, be suspended or barred from so practicing.

1025.4 Any party appearing in person in any proceeding governed by this chapter, whether in response to a subpoena or by request or permission of the Department, may be accompanied, represented, and advised by counsel and may be examined by his or her own counsel before and after other questioning.

1025.5 An attorney appearing as counsel shall enter a written appearance on a form provided by the Department which shall contain the signature, address, telephone number, person he or she represents, and a certification that he or she has been admitted to and is authorized to practice before the District of Columbia Court of Appeals.

1025.6 If an attorney is admitted only in another jurisdiction, the examiner may allow appearance by counsel upon satisfactory proof that such counsel is admitted to and is in good standing with the highest court of that jurisdiction at the time of the hearing.

1025.7 A respondent may be assisted by a non-attorney at the discretion of the hearing examiner.

1025.8 A non-attorney designated agent may appear in place of a respondent at the discretion of the hearing examiner.

1025.9 A respondent shall submit a notarized affidavit, provided by the Director, that the respondent authorized the non-attorney designated agent to appear in his or her place. The sworn affidavit shall be valid for one (1) year or for a lesser period if stated on the affidavit.

History

SOURCE: Final Rulemaking published at 53 DCR 848 (February 10, 2006).

18 DCMR § 1026 WAIVER OF RIGHT TO APPEAR

1026.1 If all parties waive their right to appear before the examiner and present evidence personally or by representative, it shall not be necessary for the examiner to give notice of and conduct an oral hearing.

1026.2 A waiver of the right to appear shall be made in writing and filed with the examiner.

1026.3 The waiver may be withdrawn by a party at any time prior to the mailing of the notice of decision in the case.

1026.4 If the examiner believes that the personal appearance and testimony of the party or parties would assist him or her to ascertain the facts in issue in any proceeding, he or she may give notice of a time and place and conduct a hearing notwithstanding the filing of a written waiver as described in this section.

1026.5 If a hearing is called and a party waiving oral hearing fails to appear before the examiner personally or by representative, the examiner shall make a record of the relevant written evidence, including applications, written statements, certificates, affidavits, reports, and other documents which were considered in connection with the proceeding, and shall consider such documents as all of the evidence in the proceeding and the decision shall be based on such documents as are made part of the record.

18 DCMR § 1027 STANDARDS OF CONDUCT FOR REPRESENTATIVES

1027.1 No representative appearing at a hearing pursuant to § 1025 shall do any of the following:

(a) Engage in behavior that disrupts the hearing.

(b) Refuse to obey the instructions of a hearing examiner as to procedure.

(f) Encourage or induce a respondent or witness to make a statement or offer evidence, that the representative knows or reasonably should have known is false, fraudulent or misleading.

1027.2 No person who entered an appearance or was named in an affidavit required by § 1025.9 within the previous one (1) year period may offer any Department employee any gift, gratuity or thing of value.

1027.3 No non-attorney representative may represent to a current or prospective client that they are an attorney at law.

1027.4 No person offering advice or representation with respect to an adjudication may solicit potential clients in a building, or on the sidewalks adjacent to such a building, in which the Department offers hearings.

1027.5 For the purposes of § 1027.4, soliciting shall include offering any information to a respondent that identifies the person’s services.

1027.6 No representative shall accept payment for their services inside a building occupied by the Department.

1027.7 Any person who violates any provision of this section may be barred from representing a respondent for a period to be determined by the Chief Hearing Examiner, based upon the extent of the violation(s) and whether the person was previously barred.

1027.8 Prior to taking the action in § 1027.7, the Chief Hearing Examiner shall send a notice, by regular mail to the person’s business address or, if none can be determined, to the person’s home address.

1027.9 The notice in § 1027.8 shall state the grounds for the action, the proposed duration of the bar, and inform the person of his or her right to a hearing.

1027.10 The hearing on the proposed bar shall be conducted by the Director or his or her designee.

1027.11 Following the hearing, the Director or his or her designee shall issue an order, which shall be sent by regular mail to the address in § 1027.8.

1027.12 No decision or order of the Chief Hearing Examiner or the Director or his or her designee under this section may be appealed to the Traffic Adjudication Appeals Board.

History

SOURCE: Final Rulemaking published at 53 DCR 849 (February 10, 2006).

18 DCMR § 1028 [RESERVED]

18 DCMR § 1029 [RESERVED]

18 DCMR § 1030 CONDUCT OF HEARINGS

1030.1 Hearings shall be open to the parties and to such other persons as the examiner considers necessary or proper.

1030.2 If the examiner believes that there is relevant and material evidence available which has not been presented at the hearing, the examiner may adjourn the hearing, or, at any time prior to the mailing of notice of the decision, reopen the hearing for the receipt of such evidence.

1030.3 The order in which evidence and allegations shall be presented and the procedure at the hearing generally, except as otherwise provided in this chapter shall be in the discretion of the examiner and of such nature as to afford the parties a reasonable opportunity for fair hearing and comport with the burden of proof.

1030.4 Unless required for the disposition of ex parte matters authorized by law, examiners assigned to any proceedings under this chapter to render a decision or to make findings of fact and conclusions of law in an individual proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her attorney except upon notice and opportunity for all parties to participate.

1030.5 An examiner may communicate with members of the Department and may have the aid and advice of one or more of his or her assistants, but such communications, aid, and advice shall be noted on the record.

18 DCMR § 1031 WITNESSES

1031.1 Witnesses at a hearing shall testify under oath or affirmation.

1031.2 The examiner may examine the witnesses and shall allow the parties or their representatives to do so.

1031.3 If the examiner conducts the examination of a witness, he or she may allow the parties to suggest matters as to which they desire the witness to be questioned, and the examiner shall do so if such matters are relevant and material to any issue pending for decision before him or her.

18 DCMR § 1032 EVIDENCE: GENERAL PROVISIONS

1032.1 Evidence presented at a hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or other documents filed in the case, subject to later modifications of the issues which may be necessary to prevent injustice.

1032.2 Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

1032.3 The rules of evidence applied in the hearing or review shall include exclusion of evidence whether hearsay or otherwise which does not contain facts of probative value or is not relevant to the issues to be decided.

1032.4 No permit shall be suspended or revoked solely on the basis of hearsay evidence.

1032.5 Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon.

1032.6 Exceptions to the rulings of the examiner made during the course of a hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party, at the time the ruling of the examiner is made or sought do the following:

(a) Makes known the action he or she desires the examiner to take; or

(b) Makes known his or her objection to an action taken, and the grounds for his or her objection.

1032.7 Any offer of proof made in connection with an objection taken to any ruling of the examiner rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which a party or his or her counsel contends would be adduced by such testimony.

1032.8 If the excluded evidence consists of evidence in documentary or written form or of references to documents or records, a copy of the evidence shall be marked for identification and shall constitute the offer of proof.

1032.9 The examiner may exclude testimony under the rules of privilege recognized by decisions of the courts of the District of Columbia or as provided by law including, but not limited to, communications between attorney and client, physician and patient, and records and files of any official or agency of government which, by statute or otherwise, are recognized as confidential.

1032.10 No greater exclusionary effect shall be given any such rule or privilege than would apply in any action in a court of the District of Columbia.

1032.11 In a hearing on the suspension or revocation of a license, registration certificate, or reciprocity sticker pursuant to § 1006 or the No-Fault Insurance Act, the examiner may exclude all evidence that is not related to the following questions of facts:

(a) Whether a motor vehicle insurance policy has been issued to the person and had been in effect on the day the order of revocation or suspension was issued;

(b) Whether a person falsely certified to the Director that a motor vehicle insurance policy was in effect;

(d) Whether any time had lapsed or occurred when the person did not possess a motor vehicle insurance policy while the person had a registration certificate or reciprocity sticker.

18 DCMR § 1033 EXHIBITS AND OTHER DOCUMENTARY EVIDENCE

1033.1 When written exhibits are offered in evidence, one (1) copy shall be furnished to each of the parties at the hearing unless the parties have been furnished previously with copies or the examiner directs otherwise.

1033.2 If the examiner has not fixed a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practical time, preferably before the hearing or, at the latest, at the commencement of the hearing.

1033.3 In his or her discretion, the examiner may permit a party to withdraw original documents offered in evidence and substitute true copies.

1033.4 Documentary evidence may be received in the form of copies or excerpts if the original is not available.

1033.5 Upon request, parties shall be given an opportunity to compare the copy with the original when available.

1033.6 When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts shall be excluded and shall be segregated insofar as is practicable.

1033.7 If the examiner so directs, the relevant or material matter may be read into the record, or, if the examiner so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies shall be delivered by the party offering the same to opposing parties or to their attorneys appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof.

1033.8 In case any portion of the record in any other proceeding or civil or criminal action is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless one of the following occurs:

(a) The party offering the same agrees unconditionally to supply the copies later, or when required by the examiner;

(b) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference; or

1033.9 No document or other writing shall be accepted for the record after the close of the hearing, except in accordance with an agreement of the parties and the consent of the examiner.

18 DCMR § 1034 PROOF OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR

1034.1 The standards of competent proof, based upon a chemical test, set forth in this section shall be used to determine the condition of an operator of a motor vehicle with respect to the effect of alcohol concentration of the operator at the time of the operation of a motor vehicle within the District of Columbia. These presumptions shall be rebuttable.

1034.2 If at the time of testing, the operator’s alcohol concentration was 0.05 grams or less per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, this evidence shall establish a presumption that the operator was not, at the time, under the influence of intoxicating liquor.

1034.3 If at the time of testing, the operator’s alcohol concentration was more than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams 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, this evidence shall not establish a presumption that the operator was or was not, at the time, under the influence of intoxicating liquor, but it may be considered with other competent evidence in determining whether the operator was under the influence of intoxicating liquor.

1034.4 [REPEALED] D.C. Law 4-145, 29 DCR 3138, 3149 (July 23, 1982)

History

SOURCE: D.C. Act 16-488 published at 53 DCR 8675 (October 27, 2006).

18 DCMR § 1035 AUTOMATED TRAFFIC ENFORCEMENT

1035.1 A photo radar device, as that term is used in this section, is a type of automated traffic enforcement system authorized by § 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01).

1035.2 A photo radar device shall be deemed to be calibrated correctly and in proper working order if:

(a) For a mobile photo radar device operated from a vehicle, there is a Unit Deployment Log corresponding to the time period, date and location of the alleged violation being adjudicated that:

(1) Indicates that the tuning fork reading was accurate to plus or minus one (1) mile per hour of the tuning fork frequency being used and that the unit test sequence shows the unit was operating properly at the beginning and the end of deployment; and

(2) Contains a certification by the operator that the device was correctly set up and deployed when the alleged violation was recorded; or

(b) For a fixed or portable photo radar device operated out-of-doors, there is a Unit Deployment Log for the device dated not more than four (4) days before and four (4) days after the date of the alleged violation that:

(2) Contains certifications by a technician or police officer, or both, that the device was correctly set up.

1035.3 The photo radar device shall reflect that it was only recording the speed of the vehicle or vehicles shown receding in the image.

1035.4 [REPEALED]

1035.5 The images captured by the photo radar device shall enable identification of the vehicle whose speed was detected by the radar unit.

1035.6 [REPEALED]

1035.7 [REPEALED]

1035.8 [REPEALED]

1035.9 [REPEALED]

1035.10 [REPEALED]

1035.11 Any person seeking a hearing must answer the ticket within sixty (60) days of mailing of the notice of infraction.

1035.12 Failure to answer within the time period provided by § 1035.11 shall result in a default judgment being entered against the vehicle owner in accordance with § 206(b) of the Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2302.06(b)).

1035.13 [REPEALED]

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 50 DCR 10820 (December 19, 2003); as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005); as amended by the Automated Traffic Enforcement Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-187; 59 DCR 10149 (June 7, 2013); as amended by Final Rulemaking published at 60 DCR 12219 (August 23, 2013). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1035

18 DCMR § 1036 [REPEALED]

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1036

18 DCMR § 1037 OBJECTIONS TO PUBLIC DISCLOSURE OF INFORMATION

1037.1 Any person who objects to public disclosure of any information contained in any paper filed in any proceeding, shall segregate, or request the segregation of, such information into a separate paper and shall file it, or request that it be filed, with the examiner separately in a sealed envelope bearing the caption of the enclosed paper and the notation “CLASSIFIED OR CONFIDENTIAL UNDER § 1037.”

1037.2 Notwithstanding any other provision of this section, copies of the filed paper need not be served upon any other party unless so ordered by the examiner.

1037.3 Any person who objects to public disclosure of any information sought to be elicited from a witness or himself or herself on oral examination shall, before such information is disclosed, make his or her objection known. Upon such objection, and after all present have been sworn to secrecy, the witness shall be compelled to disclose such information only in the presence of the examiner and the attorneys for the parties.

1037.4 The transcript of such information shall be segregated and filed in a sealed envelope in the manner prescribed in this section.

1037.5 Copies of the segregated portion of the transcript need not be served upon any other party unless ordered by the examiner.

1037.6 In case of objection to public disclosure of any information filed by or elicited from any government department or representative thereof, the department or representative making the objection shall be accorded the procedures described in this section.

1037.7 No information covered by this section need be withheld from public disclosure unless written objection is filed with the examiner prior to the time of hearing; Provided, that such motion need not be filed in the case of objection made by a government department or representative.

1037.8 The objection shall be in the form of a motion and signed by the objecting party, duly authorized officer or agent thereof, or by counsel representing that party.

1037.9 The motion shall describe the information sought to be withheld and shall contain a statement of the reasons it is claimed that public disclosure would adversely affect the interests of the objecting party and is not required in the interest of the public.

1037.10 Notwithstanding any of the provisions of this section, whenever the objection to disclosure of information shall have been made in the first instance at the time of hearing, the written motion required by this section shall not be necessary, but may be submitted if the parties so desire or if the examiner so directs.

1037.11 The examiner shall rule on motions filed pursuant to this section specifying the extent to which, and the conditions upon which, the information may be disclosed to the parties, which order shall be effective upon the date stated therein or, if made at a hearing, immediately upon the ruling of the examiner.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001).

18 DCMR § 1038 ARGUMENT BEFORE THE EXAMINER

1038.1 The examiner shall give the parties to the proceeding adequate opportunity during the course of a hearing for the presentation of arguments in support of or in opposition to motions, objections, and exceptions to rulings of the examiner.

1038.2 When, after the evidence in a proceeding has been received, in the opinion of the examiner, the volume of the evidence or the importance or complexity of the issues involved warrants, he or she may, either on his or her own motion or at the request of a party, permit the presentation of oral arguments.

1038.3 The examiner may impose such time limits on the arguments as he or she may determine, having regard for his or her other hearing assignments.

1038.4 Oral argument shall be transcribed and will be available as part of the record.

1038.5 The decision of the examiner on whether oral argument is allowed shall be final.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001).

18 DCMR § 1039 TRANSCRIPTS

1039.1 Hearings shall be recorded or reported and shall be available for transcribing upon request of any party.

1039.2 Costs for transcripts of the record or of any portion shall be borne by the parties requesting the transcripts.

1039.3 Changes in the official transcript may be made only when they involve errors affecting substance.

1039.4 A motion to correct a transcript shall be filed with the Hearing Division within ten (10) days after receipt of same by a party.

1039.5 If no objections to the motion are filed within ten (10) days thereafter, the transcript may, upon the approval of the Examiner, be changed to reflect the corrections.

1039.6 If objections are received, the motion and objections shall be submitted to the reporter or person who transcribed the recording by the Examiner together with a request for a comparison of the transcript with the stenographic or other record of the hearing.

1039.7 After receipt of the report of the reporter or person who made the transcription, an order shall be entered by the Examiner settling the record and ruling on the motion.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001).

18 DCMR § 1040 [REPEALED]

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 52 DCR 929 (February 4, 2005); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1040

18 DCMR § 1041 DECISIONS OF HEARING OFFICERS

1041.1 The examiner may announce his or her decision orally at the close of the hearing or he or she may decide not to announce it until rendering his decision in writing at a later date.

1041.2 Regardless of whether or not the decision is announced orally, a copy of the decision shall be given to each party or to his or her attorney of record.

1041.3 The decision shall include a statement of findings of fact and conclusions of law.

1041.4 The findings shall incorporate basic facts upon which conclusions are based. Mere conclusory assertions or summaries of evidence shall not be sufficient for use as a basis for findings of fact within the meaning of this section.

1041.5 No decision shall be made by an examiner except upon consideration of the entire record of the proceeding, or upon such portion of the record of the proceeding as may be agreed upon by all the parties to the proceeding, and no evidence, information, or other knowledge (other than a material fact not appearing in the evidence in the record but judicially noticed in accordance with D.C. Official Code § 50-2302.06(d-1) and D.C. Official Code § 50-2303.06(f-1)) brought to the attention of the examiner shall be considered.

1041.6 In any proceeding in which evidence is taken, the record shall include, wherever applicable, all of the following:

(a) Pleadings, motions, and rulings thereon, including objections or exceptions and the reasons for making such rulings;

(b) All evidence received of whatever kind, including records and documents in the possession of the Department of which the examiner made use or took official cognizance;

(c) A statement of matters judicially noticed, and any contest thereof by any party including any rulings thereon by the examiner;

(d) Offers of proof, objections thereto, and the rulings by the examiner thereon and. any statements made by a party as to what excluded evidence would have shown;

(e) Arguments of the parties or of counsel;

(f) The examiner’s findings of fact and conclusions of law; and

(g) All staff memoranda, reports, or other data submitted to the examiner, referred to by him or her, or requested by him from other Departmental personnel.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1041

18 DCMR § 1042 REVIEW OF FINAL ORDERS OF HEARING EXAMINERS

1042.1 A person aggrieved by a final order of a hearing examiner in a proceeding that is a contested case within the meaning of the District of Columbia Administrative Procedure Act may obtain review of the final order by filing a petition for review, which shall be filed in the District of Columbia Court of Appeals, pursuant to D.C. Court of Appeals Rule 15, within thirty (30) days after notice of the final order is given, unless an applicable statute provides a different time frame.

1042.2 A person aggrieved by a final order of a hearing examiner in a proceeding under the Traffic Adjudications Act, may obtain review of the final order by the Appeals Board, which shall be filed as provided in D.C. Official Code § 50-2304.02.

1042.3 A person aggrieved by a final order of a hearing examiner in a proceeding other than one covered by Subsections 1042.1 or 1042.2 may obtain review of the final order by filing a petition for review, which shall be filed with the Appeals Board within thirty (30) days after notice of the hearing examiner’s final order.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)); as amended by Final Rulemaking published at 65 DCR 13225 (November 30, 2018). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1042

18 DCMR § 1043 PETITION FOR REVIEW BY APPEALS BOARD

1043.1 [REPEALED].

1043.2 Petitions for review shall comply with the requirements of petitions generally as provided in this chapter, and shall set out the requests for review.

1043.3 The provisions of § 1005 with respect to the issuance of a temporary license as a stay of an order of suspension or revocation shall apply in any case pending final action on review.

1043.4 [REPEALED]

1043.5 Reviewing authority in cases involving suspension or revocation of operators' permits under the provisions of the Act of March 3, 1925 (D.C. Official Code § 40-403(a) (1981 ed.)) is delegated to the Director.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by the Traffic Adjudication Amendment Act of 2014, effective July 23, 2014 (D.C. Law 20-127; 61 DCR 5711 (June 6, 2014)); as amended by Final Rulemaking published at 65 DCR 13225 (November 30, 2018). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1043

18 DCMR § 1044 APPEALS BOARD REVIEW OF DECISIONS

1044.1 An Appeals Board shall review decisions of examiners as provided in Title IV of the Traffic Adjudication Act, or this title.

1044.2 No person on the Appeals Board shall review any of his or her own orders or acts.

1044.3 In considering issues raised on review by the party or parties which relate to findings of fact or conclusions of law in the order or decision of the examiner, the Appeals Board will consider only the following issues:

(a) Whether a finding of a material fact is erroneous;

(b) Whether a substantial and important question of law, policy, or discretion has been erroneously interpreted or applied;

(d) Whether a prejudicial abuse, misuse, or failure to use discretion has occurred.

1044.4 If the Appeals Board determines that the examiner erred in any respect or that his or her order or decision should be changed, the Board may make any necessary findings or order in lieu thereof, or remand the case for further hearing.

1044.5 The Appeals Board may modify, set aside the order or decision, in whole or in part, or take any other action authorized in this title.

1044.6 As soon as practical after the issues on review have been considered, the Appeals Board shall prepare a final order which shall set forth the action of the Board and its reasons therefor.

1044.7 A copy of the order shall be given to each party or his or her attorney of record.

History

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 65 DCR 13225 (November 30, 2018). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1044

18-11 MOTOR VEHICLE OFFENSES AND PENALTIES

18 DCMR § 1100 VIOLATONS OF LICENSE PROVISIONS

1100.1 No person shall do any act forbidden by or fail to perform any act required by the provisions of chapters 1 through 9 of this title.

1100.2 No person shall display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license or any card or other document which such person holds out or represents as being a valid motor vehicle license issued by the District or any federal, state, territorial, or foreign government (or any agency or political subdivision of any of the foregoing) unless the card or document has been issued as represented.

1100.3 No person shall lend his or her driver's license to any other person or knowingly permit the use of the license by another person.

1100.4 No person shall display or represent as his or her own, any driver's license not issued to him or her.

1100.5 No person shall fail or refuse to surrender to the Department upon lawful demand any driver's license which has been suspended, revoked, or canceled.

1100.6 No person shall use a false or fictitious name in any application for an driver's license or knowingly make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application.

1100.7 No person shall permit any unlawful use of an operator's license issued to him or her.

1100.8 No person shall give information knowing the same to be false or knowingly swear or affirm falsely to any matter or thing required by the terms of this title.

1100.9 No person whose license to operate a motor vehicle is subject to any restriction or restrictions shall operate a motor vehicle in the District unless he or she, the motor vehicle, or both he or she and the motor vehicle, comply in every respect with the restriction(s).

1100.10 No person shall aid or assist, or attempt to aid or assist, another person to obtain a license by misrepresentation, making a false statement, knowingly concealing a material fact, or otherwise committing a fraud;

1100.11 No person shall aid or assist, offer to aid or assist, or solicit for a fee charged, directly or indirectly, any person to obtain a license in or around any building or premises in which licenses are issued, or to interfere in any manner with any person or persons engaged in issuing or applying for such licenses in or around any building or premises.

1100.12 No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven by any person who is not authorized under the provisions of this title, or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this chapter.

18 DCMR § 1101 OFFENSES RELATED TO TITLE, REGISTRATION, AND IDENTIFICATION TAGS

1101.1 No person shall lend to another person any temporary registration certificate, registration certificate, identification tag, or temporary identification tag issued to him or her if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of these items by another person not entitled to them, nor shall any person display on a vehicle any temporary registration certificate, identification tag, or temporary identification tag not issued for that vehicle or not otherwise lawfully used on the vehicle under this title.

1101.2 No person shall display in or on any motor vehicle any of the items or documents described in § 1104.4; Provided, that no person shall be liable under this subsection when such items or documents are displayed under the good faith belief that such items or documents are genuine.

1101.3 REPEALED

1101.4 No person shall operate or move, or permit the operation or moving of any vehicle displaying dealer's identification or dealer's transport identification tags for the transportation of merchandise for hire or passengers for hire.

1101.5 No dealer's identification nor dealer's transport identification tag shall be used on vehicles used by a dealer for the transportation of merchandise or as service vehicles.

1101.6 No dealer shall permit the operation of a vehicle bearing dealer's identification or dealer's transport identification tags assigned to him by a person who does not hold a valid operator's permit.

1101.7 No dealer's identification nor dealer's transport identification tags shall be used for the purpose of evading the motor vehicle registration requirements for the District of Columbia.

1101.8 No special use tag shall be used for any other purpose other than the purpose for which it was issued and shall not be used as a means of evading payment of registration fees due and payable on the date a motor vehicle or trailer was newly acquired by a purchaser.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972, 32 DCRR §§ 8.105-8.107 and 8.109, Special Edition; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9295 (October 28, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10342 (December 9, 2011).

18 DCMR § 1102 OFFENSES RELATED TO VEHICLE IDENTIFICATION NUMBERS

1102.1 No person shall deface an identification number of a vehicle for which a certificate is outstanding on any engine, engine block, transmission, or other location on a motor vehicle.

1102.2 No person shall knowingly acquire or dispose of a vehicle for which a certificate is outstanding the identification number of which is defaced on the engine, engine block, transmission, or other location on such vehicle, or knowingly acquire or dispose of any such vehicle which contains any such defaced number.

1102.3 No person shall knowingly have in his or her possession or operate a vehicle for which a certificate is outstanding the identification number of which is defaced as described in § 1102.2.

1102.4 Upon discovery by an owner that any identification number of vehicle has been defaced, the owner shall make application to the Director for a DMV number and a new certificate.

18 DCMR § 1103 OFFENSES RELATED TO INSPECTION STICKERS

1103.1 No person shall make, issue, or knowingly use any imitation or counterfeit of an official inspection sticker.

1103.2 No person shall display or cause or permit to be displayed on any vehicle any approved inspection sticker knowing, or having reason to believe, that the sticker is fictitious, was procured without mechanical inspection, or was issued for another motor vehicle or trailer.

1103.3 No person, other than the Director, shall remove or cause to be removed any inspection sticker attached to a motor vehicle by the Director under the provisions of this title.

18 DCMR § 1104 FALSE STATEMENTS, ALTERATIONS, FORGERY, AND DISHONORED CHECKS

1104.1 No person shall make any false statement in any application or other document required by the terms of this title.

1104.2 No person shall alter, with fraudulent intent, any registration certificate, temporary registration certificate, license plate or plates, or temporary identification tags, issued by the Department or by any other state or jurisdiction.

1104.3 No person shall alter or falsify with fraudulent intent, or forge any assignment of any certificate of title, nor shall any person hold or use any such assignment knowing the same to have been altered, forged, or falsified.

1104.4 No person shall forge or counterfeit, make or have made, print or have printed, or have in his or her possession, any item or document which shall purport to be a certificate of title, temporary registration certificate, registration certificate, vehicle identification tag, or revalidation sticker or tab, unless the item was issued by the government of the District of Columbia, or federal, state, territorial, or foreign government (or a political subdivision of one of the foregoing) and is the genuine document or item intended to be issued. No person shall be liable under this subsection when such items are in his or her possession under the good faith belief that the items o r documents are genuine.

1104.5 A fifty dollar ($ 50.00) fee shall be imposed on any person who gives or causes to be given in payment of any tax, assessment, fee, charge, or other obligation due the District of Columbia, a check which is dishonored or not duly paid.

1104.6 Until the fees and collection charges are paid, no services or products of the Department, including but not limited to, the following items shall be provided to that person:

(a) Original or duplicate motor vehicle driver's licenses;

(b) Vehicle identification tags;

(d) Original or duplicate registration certificates;

(e) Temporary registration certificates; or

(f) Original or duplicate certificates of title.

18 DCMR § 1106 [RESERVED]

18 DCMR § 1107 [RESERVED]

18 DCMR § 1108 [RESERVED]

18 DCMR § 1109 [RESERVED]

18 DCMR § 1110 PENALTIES FOR VIOLATIONS

1110.1 Any person violating any provision of any of the following sections or subsections shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than thirty (30) days , or both:

(a) Sections 1101, 1102, 1103, 1104, or 1105 of this chapter;

(b) REPEALED

(d) Subsection 900.1 of chapter 9 (which requires driving instructors to be licensed);

(e) REPEALED; or

(f) Subsection 2403.4 of chapter 24 (which prohibits unauthorized use of an emergency parking permit).

1110.2 Any person who obtains or attempts to obtain or who aids, assists, or attempts to aid or assist another person to obtain a license by misrepresentation, or who permits his or her motor vehicle license to be used by any person other than the one to whom issued, or who changes the name of the licensee appearing on any such license, or who makes any other alteration on such license, or who uses the license of another, shall be punished by a fine of not more than three hundred dollars ($ 300) or imprisonment not to exceed ten (10) days.

1110.3 Any person whose license has been suspended or revoked, and who, after due notice of such suspension or revocation, shall refuse to deliver such suspended or revoked license or duplicate thereof or both to the Director within the time specified in such notice of suspension or revocation, shall be punished by a fine of not more than one hundred dollars ($ 100).

1110.4 Any person found guilty of violating any provision of § 736 of this title (which prohibits possession or use of radar detectors and jammers) shall, upon conviction of the violation, be subject to a fine of not more than three hundred dollars ($ 300).

1110.5 Any person violating any provision of § 1100 of this chapter or any other provision of this title for which a penalty is not specifically provided shall, upon determination of liability for the violation be subject to a civil fine or other sanction(s), pursuant to the provisions of the District of Columbia Traffic Adjudication Act.

1110.6 Any person found violating subsection 1200.8 of Chapter 12 (which prohibits tampering with a bicycle locked or placed in a rack, or otherwise secured), shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment not to exceed ten (10) days.

History

SOURCE: Final Rulemaking published at 53 DCR 850 (February 10, 2006); as amended by 54 DCR 5764 (February 2,2007).

18-12 BICYCLES, MOTORIZED BICYCLES, AND MISCELLANEOUS VEHICLES

18 DCMR § 1200 BICYCLES, MOTORIZED BICYCLES, AND PERSONAL MOBILITY DEVICES: GENERAL PROVISIONS

1200.1 This chapter shall apply to all bicycles operated upon all public space in the District of Columbia.

1200.2 No person may own or operate a bicycle in the District except in accordance with the provisions of this chapter.

1200.3 Operators of bicycles have the same rights as do operators of other vehicles and in the additional rights granted by this chapter.

1200.4 No operator’s permit shall be required for the operation of a bicycle or personal mobility device.

1200.5 No person shall be subject to the loss or suspension of his or her motor vehicle operator’s permit for violation of any regulation under this chapter.

1200.6 No points shall accrue toward the loss of or suspension of a motor vehicle operator’s permit by reason of a violation committed while operating a bicycle, sidewalk bicycle, or a personal mobility device.

1200.7 [REPEALED].

1200.8 No person, except for impoundment by the Mayor, shall tamper with any bicycle or personal mobility device that has been locked, placed in a rack, or otherwise secured. Any person found tampering with any bicycle or personal mobility device may be required to pay a fine of $100.

1200.9 No person shall remove from a place of storage, possess, convey, transfer, buy, sell, lend, or rent any bicycle except as provided in this chapter.

1200.10 No motorized bicycle shall be operated upon any public space in the District by any person who is less than sixteen (16) years old.

1200.11 No person shall travel above the maximum speed of 10 miles per hour while operating a personal mobility device. Any person traveling faster than the maximum speed of 10 miles per hour may be required to pay a fine.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972; 32 DCRR § 11.201(a), (b), 11.204(a), (b), 12.201(a), Special Edition; as amended by § 2(z) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by the Bicyclist Responsibility Regulation Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-178; 43 DCR 4240 (August 9, 1996)); as amended by the Personal Mobility Device Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-224; 53 DCR 10225 (December 29, 2006)); as amended by the Bicycle Registration Reform Amendment Act of 2008, effective May 1, 2008 (D.C. Law 17-149; 55 DCR 1272 (February 8, 2008)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1200

18 DCMR § 1201 SAFE OPERATION OF BICYCLES, AND MOTORIZED BICYCLES

1201.1 Every person who propels a vehicle by human power or rides a bicycle on a highway shall have the same duties as any other vehicle operator under this title, except as otherwise expressly provided in this chapter, and except for those duties imposed by this title which, by their nature or wording, can have no reasonable application to a bicycle operator.

1201.2 A person shall operate a bicycle, sidewalk bicycle, motorized bicycle, or personal mobility device in a safe and non-hazardous manner so as not to endanger themself or any other person.

1201.3

A person operating a bicycle or motorized bicycle may overtake and pass another vehicle only under conditions which permit the movement to be made with safety.

A person operating a bicycle or motorized bicycle may overtake and pass other vehicles on the left or right side, staying in the same lane as the overtaken vehicle, or changing to a different lane, or riding off the roadway, as necessary to pass with safety.

If a lane is partially occupied by vehicles that are stopped, standing, or parked in that lane, a person operating a bicycle or motorized bicycle may ride in that or in the next adjacent lane used by vehicles proceedings in the same direction.

1201.4 No person shall operate or ride a bicycle or motorized bicycle other than upon or astride a regular seat attached to the bicycle.

1201.5 No person shall operate or ride on a bicycle or motorized bicycle with more persons on it at any one time than the vehicle is equipped to carry.

1201.6 No person shall operate or ride a bicycle or motorized bicycle while carrying any package, bundle, or article which prevents the operator from keeping at least one hand on the handle bars.

1201.7 Persons riding upon a roadway shall not ride more than two abreast except on paths or part of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a lane roadway, shall ride within a single lane.

1201.8 No person shall operate or ride a bicycle or motorized bicycle at a speed in excess of any posted limit or at a speed which is greater than is reasonable and prudent under the conditions then existing.

1201.9 A person may ride a bicycle, motorized bicycle, or personal mobility device upon a sidewalk within the District, so long as the rider does not create a hazard; provided, that no person shall ride a bicycle or motorized bicycle or operate a personal mobility device upon a sidewalk within the Central Business District except on those sidewalks expressly designated by Order of the Mayor, nor shall any person ride a bicycle or motorized bicycle upon a sidewalk in any area outside of the Central Business District if it is expressly prohibited by Order of the Mayor and appropriate signs to such effect are posted.

1201.10 Any person riding a bicycle, motorized bicycle or personal mobility device upon a sidewalk shall yield the right-of-way to pedestrians, and shall travel at a speed no greater than the posted speed limit of the adjacent roadway; provided, that such speed is safe for the conditions then existing on the sidewalk.

1201.11 A person propelling a bicycle or motorized bicycle or operating a personal mobility device upon and along a sidewalk or while crossing a roadway in a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the bicyclist or personal mobility device operator must yield to pedestrians in the sidewalk or crosswalk.

1201.12 The operator of a bicycle, motorized bicycle, or personal mobility device emerging from, or entering an alley, driveway, or building, shall upon approaching a sidewalk, or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway, to the extent necessary to safely enter the flow of traffic.

1201.13 No person operating a bicycle or motorized bicycle shall ride into the path of a vehicle that is so close that it is not possible for the driver to yield.

1201.14 No person operating a bicycle or motorized bicycle shall sound any warning device at any intersection so as to interfere with the obedience to the instructions of official traffic control signals or to the direction by a police officer or other person authorized to direct and control traffic.

1201.15 No person shall operate a bicycle or motorized bicycle except in obedience to the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer or other person authorized to direct and control traffic.

1201.16 No person riding upon a bicycle or motorized bicycle shall attach themselves or the device upon which they are riding to any vehicle upon a highway, roadway, or in an alley.

1201.17 Nothing in this chapter shall be construed as to limit the applicability of Chapters 1, 4, 5, 6, and 7 with respect to the licensing, registration, inspection, or equipment of motorized bicycles or motorcycles.

1201.18 REPEALED.

1201.19 A motorized bicycle may be operated on any part of a roadway designated for the use of bicycles.

History

SOURCE: Regulation No. 72-13, effective June 30, 1972; 32 DCRR § 11.201, 11.203, Special Edition; as amended by Regulation No. 74-5, effective April 21, 1974; as amended by § 2(z) of the District of Columbia Motorized Bicycle Act, effective April 7, 1977 (D.C. Law 1-110; 23 DCR 4954 (January 21, 1977)); as amended by Final Rulemaking published at 27 DCR 4930 (November 7, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 4153 (September 19, 1990); as amended by the Bicyclist Responsibility Regulation Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-178; 43 DCR 4240 (August 9, 1996)); as amended by the Non-Traditional Motor Vehicles Safety Amendment Act of 2004, effective April 5, 2005 (D.C. Law 15-289; 52 DCR 1446 (February 18, 2005)); as amended by the Personal Mobility Device Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-224; 53 DCR 10225 (December 29, 2006)); as amended by Final Rulemaking published at 69 DCR 014965 (December 9, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1201

18 DCMR § 1204 BICYCLE SAFETY EQUIPMENT

1204.1 Each bicycle shall be equipped with a brake which enables the operator to cause the braked wheels to skid on dry, level, clean pavement; provided, that a fixed gear bicycle is not required to have a separate brake, but an operator of a fixed gear bicycle shall be able to stop the bicycle using the pedals.

1204.2 Each bicycle, when in use at night, shall be equipped with a lamp on the front which shall emit a steady or flashing white light visible from a distance of at least five hundred feet (500 ft.) to the front and with a lamp on the rear which shall emit a steady or flashing red light visible from a distance of at least five hundred feet (500ft.) to the rear.

1204.3 [REPEALED]

1204.4 In place of the requirements of § 1204.2, a lamp may be worn on the body of an operator; provided, that it may be readily seen from the distances set forth in that subsection.

1204.5 A bicyclist riding within the District must be capable of making a warning noise, either with a bell or mechanical device, or with his or her voice, audible for a distance of at least one hundred feet (100 ft).

1204.6 A bicycle shall not be equipped with, nor shall any bicycle rider use, a siren of any kind.

1204.7 [REPEALED]

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 11.601 (c) – (d) Special Edition; as amended by Regulation No. 74-5 effective April 21, 1974; as amended by Final Rulemaking published at 53 DCR 6100 ( July 28, 2006 ); as amended by the Bicycle Safety Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-48; 60 DCR 15145 (November 1, 2013)); as amended by Vision Zero Enhancement Omnibus Amendment Act of 2020, effective December 23, 2020; (D.C. Law 23-158; 67 DCR 013057 (November 6, 2020)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1204

18 DCMR § 1206 TRANSPORTING BICYCLES

1206.1 A mountable rack may be attached to a vehicle for the purpose of transporting a bicycle; Provided, that the number of bicycles transported in the rack shall not exceed the number which the rack is designed to carry.

1206.2 No mountable rack shall extend beyond the bumper design margins of a vehicle in any manner which is hazardous or dangerous, nor shall any such mountable rack obstruct the vehicle’s stop or turn signals.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 11.501 (a), Special Edition.

18 DCMR § 1207 SALE AND RENTAL OF BICYCLES

1207.1 Every person engaged in the business of buying or selling bicycles shall inform a purchaser of the purpose and procedure for registration of bicycles.

1207.2 [REPEALED]

1207.3 [REPEALED]

1207.4 Every person who sells or transfers a new bicycle to any other person within the District shall, within four (4) business days after the sale or transfer, deliver to the transferee a certificate of sale properly describing and identifying the bicycle.

1207.5 [REPEALED]

1207.6 [REPEALED]

1207.7 [REPEALED]

1207.8 Every person engaged in the business of renting bicycles shall issue to each person who rents a bicycle a statement of rental bearing the names and addresses of the lessor and lessee, the rate at which the bicycle is rented, and the time for which it is rented.

1207.9 It shall be the duty of the owner, proprietor, or person in charge of any store or shop where bicycles, motor bicycles, tricycles, or similar vehicles are left for repair, to keep a written record of the number and make of each vehicle so left, together with the name and residence of the owner of the vehicle and the name and residence of the person leaving the vehicle at the store or shop.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 11.3401(a), 11.402(a), (b), Special Edition; as amended by Regulation 74-5 effective April 21, 1974; as amended by D.C. Act published at 55 DCR 1272 (February 8, 2008).

18 DCMR § 1208 BICYCLE RACKS

1208.1 No bicycle rack shall be placed on public space unless a permit has been obtained from the Mayor.

1208.2 [REPEALED]

1208.3 No permit shall be issued for any rack which would unduly obstruct pedestrian movement.

1208.4 There shall be no fee for rental of public space for racks.

1208.5 Any rack placed on public space by the permittee shall be removable; shall be maintained in a good, clean condition; and shall not be allowed to deteriorate, become unsightly, or dangerous to the public.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 11.502(a) - (c). Special Edition; as amended by Regulation 74-5 effective April 21, 1974; as amended by Final Rulemaking published at 53 DCR 6101 (July 28, 2006).

18 DCMR § 1209 PARKING BICYCLES ON PUBLIC SPACE

1209.1 A person may secure a bicycle to a stanchion for a period of not more than twelve (12) consecutive hours, by means of a lock or similar device, in accordance with the requirements of § 1209.2.

1209.2 A person may secure a bicycle to a stanchion by means of a lock or similar device as long as securing the bicycle does not obstruct or unduly impede traffic or pedestrian movement and as long as securing bicycles has not been forbidden by any notice posted by the Director.

1209.3 No person shall secure a bicycle to any of the following publicly-owned facilities:

(a) Fire hydrants;

(b) Police and fire call boxes;

(d) Stanchions or poles located within bus zones or stands;

(e) Stanchions or poles located within twenty-five feet (25 ft.) of an intersection;

(f) Trees under ten inches (10 in.) in diameter.

1209.4 There shall be no fee charged for use of parking meter stanchions used in accordance with these regulations; Provided, that the parking space adjacent to the meter is not occupied by the bicycle.

1209.5 The Director may remove any bicycle secured to a stanchion which is not in compliance with this section; Provided, that the bicycle is impounded in accordance with the provisions of this chapter.

1209.6 Except as provided in this chapter, no person shall park a bicycle:

(a) Upon a highway other than the roadway against the curb; or

(b) Upon a sidewalk; except in a rack to support the bicycle, against a building, or at the curb in such a manner as to afford the least obstruction to pedestrian traffic.

1209.7 All provisions of this section shall be equally applicable to the parking or securing of motorized bicycles.

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 11.503(a) - (d), Special Edition; as amended by § 2(z) of the District of Columbia Motorized Bicycle Act, D.C. Law 1-110, 23 DCR 4954 (January 21, 1977) and as amended by Final Rulemaking published at 53 DCR 6101 (July 28, 2006).

18 DCMR § 1210 REMOVAL OF BICYCLES FROM PUBLIC SPACE

1210.1 Any bicycle left unused in public space for more than thirty (30) days shall be considered abandoned. The Director may remove an abandoned bicycle after placing notice on the bicycle for a period of at least ten (10) days. The Director shall attempt to identify and contact the owner of a registered bicycle prior to removing it from public space.

1210.2 Bicycles removed from public space that are in working order may be auctioned off to the highest bidder or given free-of-charge to minors as part of a bicycle recreation, safety, or responsibility program. Bicycles that are not in working order may be disposed of as solid waste.

1210.3 [REPEALED]

1210.4 [REPEALED]

History

SOURCE: Regulation No 72-13 effective June 30, 1972, 32 DCRR §§ 11.801(a), (b), 11.802, 11.803, Special Edition. 21, 1974; as amended by Final Rulemaking published at 53 DCR 6101 (July 28, 2006).

18 DCMR § 1211 OPERATION OF MISCELLANEOUS VEHICLES

1211.1 No person upon rollerskates, skateboard, or riding by means of a sled, coaster, toy vehicle, sidewalk bicycle, or similar device shall go upon any roadway except when crossing a roadway in a crosswalk. When crossing a roadway, such person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. This subsection shall not apply to any street set aside as a play street by the Mayor or the Council.

1211.2 No person riding upon a coaster, rollerskates, skateboard, sled, toy vehicle, sidewalk bicycle, or any similar device shall attach himself or herself or the device upon which he or she is riding to any vehicle upon a highway, roadway, or in an alley.

1211.3 No person shall ride or use skateboards, rollerskates, rollerblades, or similar devices upon the parks and plazas located in the Pennsylvania Avenue Development area, as defined by the Pennsylvania Avenue Development Corporation Act of 1972, approved October 27, 1972 (86 Stat. 1266; 40 U.S.C. §871(f)).

1211.4 The Pennsylvania Avenue Development Corporation shall post public notice at a park or plaza prior to enforcement of §§ 1211.3 through 1211.10.

1211.5 The public notice shall include the following or similar language and signage: “Riding or use of skateboards, rollerskates, rollerblades, or similar devices is strictly prohibited. Skateboards subject to removal and impoundment. Civil fine for violating this law shall be fifty dollars ($ 50).”

1211.6 The public notice shall be placed at a minimum of two (2) locations adjacent to entrances to the park or plaza; shall measure at least two feet by one foot (2 ft. by 1 ft.); and shall be in capital letters.

1211.7 All violations of § 1211.3 shall be processed and adjudicated in accordance with the provisions of chapter 10 of this title.

1211.8 A police officer may remove and impound any skateboard being used in violations of § 1211.3.

1211.9 Any skateboard impounded for violation of § 1211.3 shall be returned to its owner upon the posting of bond or collateral in the amount of fifty dollars ($ 50).

1211.10 If the owner or user of the skateboard is a juvenile under the age of sixteen (16) years, any skateboard impounded for violation of § 1211.3 shall be returned to the owner’s or user’s parents or legal guardian upon the posting of bond or collateral in the amount of fifty dollars ($ 50).

1211.11 The civil fine for violation of § 1211.3 shall be fifty dollars ($ 50).

History

SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§ 11.601(a), (b), Special Edition; as amended by §2 of the Pennsylvania Avenue Development Area Parks and Plaza Public Safety Amendment Act of 1995, D.C Law 11-38, 42 DCR 1843 (April 21, 1995); and by §819 of the Omnibus Budget Support Act of 1995, D.C. Law 11-52, 42 DCR 3689, 3732 (July 21, 1995).

18 DCMR § 1212 VEHICLES USED FOR TRANSPORTING EXPLOSIVES

1212.1 All permits for the transportation of explosives in amounts in excess of fifty (50) pounds shall be approved by the Chief of Police or his or her designated agent. The transportation shall be over a pre-arranged route prescribed by the Chief of Police or his or her designated agent.

1212.2 Transportation of explosives shall be confined to areas outside of Zone 1 as defined by the traffic regulations of the District of Columbia, except for the purpose of delivery of the explosive within the zone.

1212.3 Every vehicle, when used for transporting explosives, shall be marked on both sides and rear with the word ‘EXPLOSIVES” in letters not less than four (4 in.) inches in height in a contrasting color. In place of the marking, the vehicle shall display a red flag at least twenty-four inches square (24 in.2) in such a manner that it will be readily visible from all directions with the word “EXPLOSIVES painted, stamped, or sewed thereon in white letters at least six inches (6 in.) in height.

1212.4 Every vehicle, when used for transporting explosives, shall be provided with a separate compartment solely for the explosives, and the explosives shall not be placed in any other portion of the vehicle.

1212.5 Every vehicle, when used for transporting explosives, shall be equipped with not less than two (2) fire extinguishers, suitable for use on oil fires, filled and ready for immediate use and located near the driver’s seat.

1212.6 The operator of a vehicle transporting explosives shall not leave the vehicle unattended, except while actually making deliveries.

1212.7 Vehicles transporting explosives shall not be taken into a garage, or other repair shop, for repairs or storage until all explosives have been removed from the vehicle.

1212.8 Explosives, when possible, shall be transported only during daylight hours.

1212.9 Vehicles transporting explosives shall not be driven within three hundred feet (300 ft.) of each other.

1212.10 Explosives shall not be transported in any vehicle which is coupled to and not a part of the towing vehicle, nor shall any other vehicle be towed by a vehicle transporting explosives.

1212.11 Blasting caps or detonators shall not be transported in the same vehicle with explosives.

1212.12 No metal, metal tools, oils, matches, firearms, electric storage batteries, inflammable substances, acids, oxidizing or corrosive compounds shall be transported in the body of any truck or vehicle transporting explosives.

History

SOURCE: Article 9, §§11(a)-(i) of the Police Regulations, May 1981.

18 DCMR § 1213 PEDICABS

1213.1 Pedicabs shall be propelled solely by human power and shall not be equipped with a pedal assist device with an electric motor.

1213.2 Pedicabs shall be operated in accordance with the safe operation of bicycle regulations set forth in § 1201.

1213.3 Notwithstanding § 1213.2, pedicabs shall be operated only on public streets.

1213.4 Each pedicab shall meet the following safety requirements:

(a) The maximum width of the pedicab shall be fifty-five inches (55 in.);

(b) The maximum length of the pedicab shall be ten feet (10 ft.);

(1) Passenger seat belts (either one (1) seat belt for each passenger or one (1) seat belt that covers all passengers);

(2) Hydraulic or mechanical disc or drum brakes, which shall be unaffected by rain or wet conditions;

(3) At least one (1) and no more than two (2) battery-operated head lamps which shall emit a steady or flashing white light visible from a distance of at least five hundred feet (500 ft.) from the front of the pedicab, under normal atmospheric conditions at the times that use of the head lamp is required;

(4) Battery-operated tail lamps mounted on the right and left areas of the rear of the pedicab, which, when operated, shall emit a steady or flashing red light visible from a distance of five hundred feet (500 ft.) to the rear, under normal atmospheric conditions at the times that use of the head lamp is required;

(5) Turning lights;

(6) A bell or other device capable of giving a signal audible for a distance of at least one hundred feet (100 ft.); and

(7) Reflectors on the spokes of the wheels of the pedicab.

(d) Reflective tape shall be affixed on the pedicab in accordance with the following requirements:

(1) The tape shall be at least two inches (2 in.) wide;

(2) The tape shall be at least twelve inches (12 in.) long; and

(3) There shall be at least one (1) piece of tape on each side of the pedicab.

(e) A triangular shaped slow-moving vehicle (SMV) emblem conforming to the American National Standards Institute standard S276.7, shall be permanently affixed to the rear of the pedicab as follows:

(1) With one (1) point up;

(2) As close to the horizontal center of the pedicab as possible; and

(3) No less than two feet (2 ft.) and no more than six feet (6 ft.) above the roadway surface as measured from the lower edge of the emblem.

1213.5 Each pedicab shall be operated in accordance with the following provisions:

(a) All passengers shall be seated within the confines of the pedicab passenger seating area while the pedicab is in motion;

(b) All passengers shall have a seatbelt securely fastened while the pedicab is in motion. There shall be affixed to the pedicab a sign stating that all passengers shall have a seatbelt securely fastened while the pedicab is in motion, and the sign shall be clearly visible to passengers;

(c) A pedicab shall not be operated on a roadway with a posted speed limit of more than thirty miles per hour (30 m.p.h.);

(d) A pedicab may not be operated or parked on a sidewalk;

(e) Pedicab passengers shall be loaded and off-loaded while the pedicab is stopped;

(f) No pedicab operator shall stop to load or unload passengers on the traffic- facing side of the pedicab, while occupying any intersection or crosswalk, or in such a manner as to unduly interfere with the orderly flow of traffic. All pedicab operators shall pull as close to the curb or edge of the roadway as possible to take on or discharge passengers;

(g) A pedicab shall not be parked and left unattended in a restricted zone identified for other vehicles, including, but not limited to, parking meter zones, residential permit parking zones, valet parking zones, bus zones, taxicab zones;

(h) A pedicab shall not be tied, cabled, or otherwise attached to a parking meter, street light pole, tree, or other public space asset;

(i) At any time from one half (1/2) hour after sunset to one-half (1/2) hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet (500 ft.) ahead, a pedicab shall be operated as follows:

With a headlamp capable of being seen from a distance of at least five hundred feet (500 ft.); and

With tail lamps capable of being seen from a distance of five hundred feet (500 ft.);

(j) When operating a pedicab upon a roadway at less than the normal speed of traffic, a person shall travel in the right-most travel lane.

(k) Notwithstanding paragraph (j) of this subsection, a pedicab may be operated in a travel lane other than the rightmost travel lane when:

(1) Operating in a lane designated for bicycles;

(2) Preparing to access a lane designated for bicycles;

(3) Preparing for a turn;

(4) Encountering road hazards or stopped or parked vehicles;

(5) Necessary to comply with lane use restrictions;

(6) Necessary for passenger safety;

(7) Directed to do so by a police officer or other law enforcement or public safety official or by a traffic control officer; or

(8) Operating on a one (1)-way street and traveling in the direction of traffic in the left-most travel lane.

1213.6 No one shall operate or be in control of a pedicab while the person’s alcohol concentration is eight hundredths of a gram (0.08 g) or more either per one hundred milliliters (100 ml) of blood or per two hundred and ten liters (210 L) of breath or one tenth of a gram (0.10 g) or more per one hundred milliliters (100 ml) of urine, or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor.

History

SOURCE: Final Rulemaking published at 58 DCR 6424 (July 29, 2011); as amended by Emergency and Final Rulemaking published at 58 DCR 6685 (August 5, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11113 (December 23, 2011); as amended by Final Rulemaking published at 62 DCR 11568 (August 21, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1213

18 DCMR § 1214 BICYCLE PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS

1214.1 All existing residential buildings with eight (8) or more units shall provide secure bicycle parking spaces for the storage of bicycles in operable condition.

1214.2 Each existing residential building covered by § 1214.1 shall provide a reasonable number of bicycle parking spaces within thirty (30) days after written request from one (1) or more tenants or property owners. A reasonable number shall be defined as the lesser of either:

(a) One (1) bicycle parking space for each three (3) residential units; or

(b) Enough bicycle parking to meet the requested demand.

1214.3 If a complaint of noncompliance with this requirement is filed with the District Department of Transportation (DDOT) by one or more residents, DDOT shall facilitate discussions between the parties to determine the number of bicycle parking spaces that the residential building will provide. If the resident(s) and residential building cannot reach an agreement, DDOT shall make a determination of the number of bicycle parking spaces that the residential building shall provide.

1214.4 All new residential buildings with eight (8) or more units shall have at least one (1) secure bicycle parking space for each three (3) residential units.

1214.5 All substantially rehabilitated buildings with eight (8) or more units shall have at least one (1) secure bicycle parking space for each three (3) residential units or the same number of secure parking spaces as were in the building before the rehabilitation, whichever is greater.

1214.6 Where it can be demonstrated that providing sufficient bicycle parking spaces required under § 1214.2 or § 1214.4 is not physically practical, that undue economic hardship would result from strict compliance with the regulation, or that the nature of the building use is such that bicycle parking spaces would not be used, the District Department of Transportation Bicycle Program Office may grant, upon written application of the owner of the building, an appropriate exemption or reduced level of compliance. In such cases, the Bicycle Program Office shall issue to the building owner a written certificate documenting the exemption or reduced level of compliance.

1214.7 Any residential buildings that have been exempted from the requirements of this section due to the nature of the use of the building shall provide a minimum number of bicycle parking spaces equal to at least five percent (5%) of the number of people employed in the building or one (1) space, whichever is greater.

1214.8 The following types of buildings are exempt from the requirements of this section, in addition to those exempted under § 1214.6:

Elderly housing buildings;

Assisted living facilities; and

Nursing homes.

1214.9 A residential building shall be deemed new or substantially rehabilitated if the building permit is issued on or after the date of the publication of these rules.

History

SOURCE: Final Rulemaking published at 61 DCR 12281 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1214

18 DCMR § 1215 BICYCLE PARKING IN RESIDENTIAL BUILDINGS: SPACE REQUIREMENTS

1215.1 If possible, all required bicycle parking spaces in a residential building shall be located within the building.

1215.2 If bicycle parking spaces must be located outside of the building, the spaces shall be secure, covered, and adjacent to the building.

1215.3 Interior bicycle parking spaces shall be located no lower than the first cellar level or the first complete parking level below grade, and no higher than the first above-grade level.

1215.4 Spaces shall be available to employees, residents, and other building occupants.

1215.5 Required bicycle parking shall be provided as racks or lockers.

1215.6 Interior bicycle racks for required parking shall be provided in a parking garage or a bicycle storage room.

1215.7 Where required bicycle parking is provided in a garage, it shall be clearly marked and separated from adjacent motor vehicle parking spaces by wheel stops or other physical automobile barriers.

1215.8 For a bicycle room with solid walls, the entirety of the interior of the bicycle room shall be visible from the entry door. A motion-activated security light enclosed in a tamper-proof housing shall be provided in each bicycle room, unless otherwise illuminated in such a manner as to allow the bicycles to be clearly visible.

1215.9 Where required bicycle parking is provided in lockers, the lockers shall be securely anchored and meet the following minimum dimensions:

Twenty-four inches (24 in.) in width at the door end;

Eight inches (8 in.) in width at the opposite end;

Seventy-two inches (72 in.) in length; and

Forty-eight inches (48 in.) in height.

1215.10 Each required bicycle parking space shall be directly accessible by means of an aisle of a minimum width of forty-eight inches (48 in.) and have a minimum vertical clearance of seventy-five inches (75 in.). Aisles shall be kept clear of obstructions at all times.

1215.11 Bicycle parking spaces shall allow the bicycles to be placed horizontally on the floor or ground. In addition, vertical bicycle space racks may be utilized provided they support the bicycle without the bicycle being suspended. Bicycle parking spaces may not exclusively consist of vertical bicycle space racks.

1215.12 Each required bicycle parking space shall be a minimum width of twenty-four inches (24 in.), and shall be:

(a) A minimum of seventy-two inches (72 in.) in length if the bicycles are to be placed horizontally; or

(b) A minimum of forty inches (40 in.) in length if the bicycles are to be placed vertically.

History

SOURCE: Final Rulemaking published at 61 DCR 12281 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1215

18 DCMR § 1216 [REPEALED]

History

SOURCE: Final Rulemaking published at 61 DCR 12281 (November 28, 2014); as amended by Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1216

18 DCMR § 1217 MULTI-SEAT PEDAL CYCLES

1217.1 No person shall operate, park, or stand any multi-seat pedal cycle, or cause any multi-seat pedal cycle to operate, park, or stand on any public bicycle path, public highway, or other public right-of-way within the District of Columbia.

History

SOURCE: Final Rulemaking published at 62 DCR 11568 (August 21, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1217

18 DCMR § 1299 DEFINITIONS

1299.1 For the purposes of this chapter, the following terms and phrases shall have the meanings ascribed:

Assisted living facility – an Assisted Living Residence as defined by § 102.01(4) of the Assisted Living Residence Regulatory Act of 2000, effective June 24, 2000 (D.C. Law 13-127; D.C. Official Code § 44-102.01(4));

Elderly housing building – a building intended and operated for elderly residential occupancy.

New residential building – a residential building for which an application of construction was submitted after the publication date of these rules.

Nursing home – a building used for the purposes described in Section 2(a)(3) of the Health–Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5–48; D.C. Official Code § 44–501(a)(3)).

Substantially rehabilitated – any improvement to or renovation of a residential building permitted after the publication date of these rules, for which the improvement or renovation equals or exceeds fifty percent (50%) of the assessed value of the building before the rehabilitation.

History

SOURCE: Final Rulemaking published at 61 DCR 12281 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1299

18-13 COMMERCIAL DRIVER LICENSES AND COMMERCIAL LEARNER PERMITS

18 DCMR § 1300 GENERAL PROVISIONS

1300.1 The rules in this chapter shall govern the following:

(a) Classification of motor vehicle drivers based on the driver demonstrating that he or she is capable of driving the vehicle in which he or she is tested;

(b) Restricting commercial drivers to one (1) driver’s license;

(d) Commercial drivers skills and knowledge tests;

(e) The disqualification of commercial drivers who have committed certain serious traffic violations, or other specified offenses;

(f) Notifying other states regarding commercial drivers records; and

(g) Issuing commercial driver licenses and commercial learner permits.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1300

18 DCMR § 1301 APPLICATION FOR A COMMERCIAL DRIVER LICENSE OR COMMERCIAL LEARNER PERMIT

1301.1 The application or renewal application for a commercial driver license or commercial learner permit shall include the following:

(a) Applicant's full name, and correct mailing and residential addresses;

(b) Applicant's date of birth, height, and sex;

(d) Applicant's certification that he or she is not subject to any disqualification, or any license suspension, revocation, or cancellation under State or District law, and that he or she does not have a driver's license from more than one State or jurisdiction;

(e) Applicant's consent to release driving record information and consent to authorize the District of Columbia to make information on the applicant's traffic record available for inquiries from the Commercial Driver's License Information System, National Driver Register or similar systems;

(f) All jurisdictions in which the applicant has previously been licensed to operate any type of motor vehicle within the last ten years;

(g) Applicant's implied consent to take chemical tests to determine use of alcohol or controlled substances;

(h) Applicant’s certification that he or she either meets, or, in the case of an applicant who does not operate in interstate commerce, that he or she is exempt from the applicable requirements of Title 49 of the Code of Federal Regulations, Part 391;

(i) Applicant’s certification that the motor vehicle in which the applicant is tested is representative of the type of commercial motor vehicle that the applicant operates or expects to operate;

Whether the person is a United States citizen or has lawful permanent residency as specified in 49 C.F.R. § 383.71(a)(2)(v), (b)(9), (c)(6), and (d)(5);

(k) The medical certification required by 49 C.F.R. § 383.71(h);

(l) If applicable, applicant’s certification that he or she operates only in intrastate commerce and is subject to the District of Columbia’s driver qualification requirements; and

(m) If the applicant is seeking to transfer a commercial driver license from another jurisdiction, and wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in 49 C.F.R. §§ 383.71(b)(8) and 383.141 and ensure that the driver has passed the test for such endorsement specified in 49 C.F.R. § 383.121.

1301.2 All applicants for a commercial driver license or commercial learner permit shall complete and sign the application provided for in § 1301.1.

1301.3 Any person who knowingly falsifies information or certifications required in this chapter shall be subject to suspension, revocation or cancellation of his or her commercial driver license or commercial learner permit for a period of not less than sixty (60) calendar days.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 57 DCR 10912 (November 19, 2010); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015); as amended by Final Rulemaking published at 71 DCR 006391 (May 24, 2024). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1301

18 DCMR § 1302 ISSUANCE OF COMMERCIAL LEARNER PERMIT

1302.1 A commercial learner permit shall be issued only to an individual who:

(a) Provides proof of citizenship or lawful permanent residency as specified in 49 C.F.R. § 383.71(a)(2)(v), (b)(9), (c)(6), and (d)(5);

(b) Except as set forth in § 1303.7 of this chapter, is a resident of the District of Columbia; and

(c) Holds a valid noncommercial driver license or a valid commercial driver license if applying to operate commercial vehicles in a group or endorsement other than the group or endorsement that he or she is authorized to operate.

1302.2 A commercial learner permit shall be issued only to an individual who is twenty-one (21) years of age or older, except that a commercial learner permit may be issued to a person who is at least 18 years of age and has at least 2 years drivers experience; provided, that a commercial learner permit issued to a person who is less than 21 years of age shall not be valid for:

Operation of a school bus;

Operation of a vehicle designed to transport 16 or more people, including the driver;

Operation of a vehicle that is more than 26,001 pounds;

Transportation of hazardous material; or

Commercial interstate operation in accordance with the minimum federal standards.

1302.3 A commercial learner permit shall only be issued to persons who have successfully passed the appropriate knowledge tests with at least an eighty percent (80%) score.

1302.4 A commercial learner permit shall be issued only to persons who meet the physical qualifications and examinations provided in § 1327.

1302.5 A holder of a commercial learner permit shall not operate a commercial vehicle unless accompanied by a driver who has been licensed for at least one (1) year to drive the type and class of vehicle being used.

1302.6 A holder of a commercial learner permit shall not operate a commercial vehicle unless accompanied by someone who is fit and capable of exercising physical control over the vehicle and who is occupying a seat beside the driver.

1302.7

(a) The commercial learner permit shall be valid for no more than one hundred and eighty (180) days from the date of issuance. The learner permit may be renewed for an additional one hundred and eighty (180) days without requiring the permittee to retake the general or endorsement knowledge test. The permit may be renewed within thirty (30) days before its expiration.

(b) The commercial learner permit holder is not eligible to take the commercial driver license skills test in the first thirty (30) days after the initial issuance of the commercial learner permit.

1302.8 These requirements shall not apply to Class “D,” Class “M” and Class “N” driver’s licenses.

1302.9 A commercial learner permit shall be issued only to persons who have completed training in the recognition, prevention, and reporting of human trafficking.

1302.10 (a) A person must complete the training prescribed in subpart F of part 380 of title 49 of the Code of Federal Regulations before taking the:

(1) Skills test for a Class A or B CDL for the first time;

(2) Skills test for a passenger (P) or school bus (S) endorsement for the first time; or

(3) Knowledge test for a hazardous materials (H) endorsement for the first time.

(b) The training must be administered by a provider listed on the Training Provider Registry set forth in subpart G of part 380 of title 49 the Code of Federal Regulations.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by the Commercial Driver’s License Minimum Age Requirement Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-220; 57 DCR 5588 (July 2, 2010)); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015); as amended by Final Rulemaking published at 68 DCR 6848 (July 9, 2021); as amended by Final Rulemaking published at 69 DCR 000894 (February 4, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1302

18 DCMR § 1303 ISSUANCE OF COMMERCIAL DRIVER LICENSE AND COMMERCIAL LEARNER PERMIT

1303.1 No person shall be issued a commercial driver license unless that person:

Is a resident of the District of Columbia, except as set forth in § 1303.7;

(b) Either:

(1) Possesses a commercial learner permit;

(2) Has met the requirements of §§ 1315 and 1316 of this chapter or

(3) Is granted a waiver pursuant to § 1318;

(d) Surrenders his or her non-commercial or commercial driver license from any state; and

(e) Provides proof of citizenship or lawful permanent residency as specified in 49 C.F.R. § 383.71.

1303.2 A commercial driver who establishes residency in the District of Columbia shall apply for a commercial driver’s license within thirty (30) days after establishing residency, and shall otherwise comply with the requirements of this chapter.

1303.3 A commercial driver who applies to operate a commercial motor vehicle in a different group or endorsement from the group or endorsement in which the applicant already has a commercial driver’s license shall fill out the application in § 1301 and pass all applicable tests specified in §§ 1315 and 1316 for the new vehicle group or different endorsements.

1303.4 A commercial driver’s license or commercial driver’s instruction license shall not be issued to a person while the person is subject to a disqualification from driving a commercial vehicle or while the person’s driving privileges are suspended, revoked or cancelled in the District of Columbia or any state.

1303.5 A commercial driver’s license or commercial driver’s instruction license shall not be issued to a person who has a commercial driver’s license issued by any other state unless the person first surrenders the license to the Department of Motor Vehicles, who shall return the license to the issuing state(s) for cancellation.

1303.6 No person shall be allowed to renew a commercial driver’s license or convert an out-of-state commercial driver’s license to a District of Columbia commercial driver’s license, if the commercial driver’s license has expired for more than sixty (60) days.

1303.7 A person may obtain a non-domiciled commercial driver learner permit or commercial driver license if:

(a) The applicant is domiciled in a foreign jurisdiction, as defined in 49 C.F.R. § 383.5 and the Federal Motor Carrier Administration Administrator has not determined that the commercial motor vehicle operator testing and licensing standards of that jurisdiction meet the standards contained in subparts 49 C.F.R. part 383, subparts F, G and H; or

(b) The applicant is domiciled in a state that is prohibited from issuing commercial learner permits or commercial driver licenses in accordance with 49 C.F.R. § 384.405.

1303.8 An applicant for a non-domiciled commercial learner permit or a commercial license must:

(a) Complete the requirements to obtain a commercial learner permit contained in 49 C.F.R. § 383.71(a) or a commercial driver license contained in 49 C.F.R. § 383.71(b). Exception: An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document issued by the United States Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved I–94 form documenting the applicant's most recent admittance into the United States. No proof of domicile is required; and

(b) After receipt of the non-domiciled commercial learner permit or commercial driver license, and for as long as it is valid, notify the Department of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his or her driving privileges. Such adverse actions include, but are not limited to, license disqualification or disqualification from operating a commercial motor vehicle for the convictions described in 49 C.F.R. § 383.51. Notifications must be made within the time periods specified in 49 C.F.R. § 383.33.

1303.9 A person converting their commercial out of state commercial driver license shall not be issued a Washington, DC commercial driver license until that person has completed training in the recognition, prevention, and reporting of human trafficking.

1303.10 (a) A person must complete the training prescribed in subpart F of part 380 of title 49 of the Code of Federal Regulations before taking the:

(1) Skills test for a Class A or B CDL for the first time

(2) Skills test for a passenger (P) or school bus (S) endorsement for the first time; or

(3) Knowledge test for a hazardous materials (H) endorsement for the first time.

(b) The training must be administered by a provider listed on the Training Provider Registry set forth in subpart G of part 380 of title 49 of the Code of Federal Regulations.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015); as amended by Final Rulemaking published at 68 DCR 6848 (July 9, 2021); as amended by Final Rulemaking published at 69 DCR 000894 (February 4, 2022). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1303

18 DCMR § 1304 LIMITATION ON NUMBER OF DRIVER LICENSES

1304.1 No person who drives a commercial motor vehicle shall have more than one (1) driver license.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1304

18 DCMR § 1305 COMMERCIAL DRIVER LICENSE REQUIRED

1305.1 No resident of the District of Columbia shall drive a commercial vehicle unless he or she has been issued a valid commercial driver license or a valid commercial learner permit, which authorizes him or her to operate the following types of vehicles:

(a) A single vehicle, or a combination of vehicles, with a gross vehicle weight rating of over twenty-six thousand (26,000) pounds, or a lesser rating as determined by Federal regulations, but not less than a gross vehicle weight rating of ten thousand (10,000) pounds;

(b) A vehicle designed to transport more than fifteen (15) passengers, including the driver;

(c) A vehicle used to transport a material found to be hazardous in accordance with the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989 (D.C. Law 7-190; D.C. Official Code §§ 8-1401 et seq.) and that are required to be placarded under Federal regulations, 49 C.F.R. part 172, subpart F; or

(d) A school bus or a multi-purpose school vehicle.

1305.2 No resident under the age of twenty-one (21) may be issued a commercial learner permit or commercial driver license.

1305.3 No person shall drive a commercial motor vehicle in the District of Columbia unless the person holds a commercial driver license with the applicable class and endorsements for the vehicle(s) he or she is driving, except when driving under a commercial driver learner permit and accompanied by the holder of a commercial driver license for the vehicle being driven.

1305.4 Commercial drivers shall be held to the same standards that apply to anyone who drives in the District of Columbia without a valid operator’s permit, as provided in § 7(d) of the District of Columbia Traffic Act of 1925, effective September 27, 1985 (D.C. Official Code § 50-1401.01(d)).

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1305

18 DCMR § 1306 DISQUALIFICATION

1306.1 The Director shall disqualify a person from operating a commercial vehicle, by denying an application for a commercial driver license or learner permit or by withdrawing a person's commercial driver license or learner permit, if the person:

(a) Is convicted of driving any vehicle while under the influence of alcohol or a controlled substance;

(b) Is convicted of having an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while operating a commercial vehicle;

(d) Is convicted of leaving the scene of an accident while operating any vehicle;

(e) Is convicted of causing a fatality through the negligent operation of a commercial vehicle;

(f) Is convicted of using any vehicle in the commission of a felony;

(g) Is convicted of driving a commercial vehicle when, as a result of prior violations committed while operating a commercial vehicle, the person’s commercial driver license is revoked or suspended, or the person is disqualified from operating a commercial vehicle;

(h) Is convicted of driving a commercial vehicle and failing to slow down and stop before reaching a railroad crossing to check that railroad tracks are clear of an approaching train;

(i) Is convicted of driving a commercial vehicle without leaving sufficient space to drive through a railroad crossing without stopping;

(j) Is convicted of failure to obey a traffic control device or the directions of an enforcement official at a railroad crossing while operating a commercial vehicle;

(k) Is convicted of failure to negotiate a railroad crossing because of insufficient undercarriage clearance while operating a commercial vehicle;

(l) Is convicted of operating a commercial vehicle in violation of an out-of-service order;

(m) Is convicted of two (2) or more serious traffic violations within a three (3) year period;

(n) Is convicted of operating a school bus, operating a vehicle designed to transport sixteen (16) or more people, including the driver, operating any vehicle that is more than twenty-six thousand and one (26,001) pounds, transporting hazardous material, or engaging in commercial interstate operation while under twenty-one (21) years of age;

(o) Has falsified information contained in the commercial driver license or learner permit application or a document submitted as part of the application process. In such an instance, the Director shall at a minimum disqualify the person’s commercial driver license or learner permit or the person’s pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least sixty (60) consecutive days;

(p) Is convicted of fraud related to the issuance of that commercial driver license or learner permit. The person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver license or learner permit shall be disqualified for one (1) year and the Director shall record the withdrawal in the person’s driving record. The person may not reapply for a new commercial driver license or learner permit for at least one (1) year;

(q) Is suspected, but has not been convicted, of fraud related to the issuance of his or her commercial driver license or learner permit, and within thirty (30) days after receiving notification from the Director that re-testing is necessary, the affected commercial driver license or learner permit holder has not made an appointment or otherwise scheduled to take the next available test. In such an instance, the commercial driver license or learner permit holder shall be disqualified from driving a commercial motor vehicle. If the person fails either the knowledge or skills test or does not take the test, he or she shall be disqualified from driving a commercial motor vehicle. Once a commercial motor vehicle or learner permit holder has been so disqualified, he or she must reapply for a commercial driver license or learner permit under the procedures set forth in this chapter; or

(r) Is convicted of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. § 7102(11).

1306.2 For purposes of this chapter, the following violations are serious traffic violations:

(a) Driving a commercial vehicle at a speed fifteen (15) or more miles per hour in excess of the posted speed limit;

(b) Reckless driving in any motor vehicle;

(c) Violating a District or state traffic law, rule or regulation in connection with a fatal traffic accident in any motor vehicle;

(d) Improper or erratic traffic lane changes while operating a commercial vehicle;

(e) Operating a commercial vehicle without obtaining a commercial driver’s license;

(f) Following the vehicle ahead too closely while operating a commercial vehicle;

(g) Driving a commercial vehicle without the proper class of CDL and/or endorsement for the specific vehicle group being operated, or the number of passengers or type of cargo being transported;

(h) Driving a commercial motor vehicle while not in possession of a commercial driver’s license;

(i) Texting while driving;

(j) Use of a hand-held mobile telephone while driving.

1306.3 Any person convicted of an offense provided for in this section shall be subject to any other administrative or judicial action initiated against him or her for violation of a District of Columbia traffic law, rule, or regulation.

1306.4 The Director shall disqualify from operating a commercial vehicle any person who is convicted of any violation set forth in §§ 1306.1(a) through (g) as follows:

(a) One (1) year for the first (1st) conviction;

(b) Life for the second (2nd) conviction, except that the disqualification may be commuted to ten (10) years if the applicant completes the following:

(1) Submits a written request to the Director of the Department of Motor Vehicles for a review of his or her files;

(2) Submits proof that he or she has completed an alcohol abuse program, if applicable; and

(3) Submits evidence that he or she has had a good driving history during the period of disqualification; or

1306.5 The Director shall, notwithstanding the period of disqualification set forth in § 1306.4, disqualify a commercial driver for a period of not less than three (3) years if he or she uses a commercial vehicle in connection with a disqualifying offense in §§ 1306.1(a) through (g) and is transporting hazardous material.

1306.6

The Director shall disqualify a driver for life if he or she uses a commercial vehicle in the commission of a felony that involves manufacturing, distributing, or dispensing a controlled substance.

(b) The Director shall disqualify a person for life if the person is convicted of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. § 7102(11), as described in § 1306.1(r).

1306.7 The Director shall disqualify, for the following periods, any commercial driver convicted of any violation set forth in §§ 1306.1(h) through (k):

(a) Sixty (60) days for the first (1st) conviction;

(b) One hundred and twenty (120) days for a second (2nd) conviction; or

1306.8 The Director shall disqualify, for the following periods, any driver who is convicted of violating an out-of-service order:

(a) One (1) year for the first (1st) conviction; or

(b) Five (5) years for the second or subsequent conviction in any ten (10) year period.

1306.9 The Director shall disqualify, for the following periods, any driver convicted of serious traffic violations under § 1306.2 within any three (3) year period:

(a) Sixty (60) days for any person convicted of two (2) serious traffic violations; or

(b) One hundred and twenty (120) days for any person convicted of three (3) or more serious traffic violations.

1306.10 Any disqualification period imposed pursuant to this section shall run consecutively, and not concurrently, with any other disqualification period imposed; unless the disqualification is imposed by the federal government pursuant to 49 C.F.R. § 383.52.

1306.11 The Director shall disqualify, for one hundred and eighty (180) days, any commercial driver convicted of violating § 1306.1(n).

1306.12 The Director may require a commercial driver whose commercial driving privileges have been withdrawn, pursuant to this chapter, to successfully pass the testing requirements provided for in this chapter.

1306.13 Any person failing to submit the medical documentation in the time period provided by § 1327 shall be disqualified until that information is submitted.

1306.14 The Department shall act expeditiously in imposing disqualifications under this section and posting them to the driver’s record.

1306.15 A disqualification may be imposed under this section based on evidence from any of the following:

(a) An order or other judgment of a court of competent jurisdiction in the District or any other jurisdiction.

(b) An administrative order of an agency of the District or any other jurisdiction, if the agency has statutory or regulatory authority over commercial drivers.

(d) A computer record obtained from or through an agency of the District or any other jurisdiction, if the agency has statutory or regulatory authority over commercial drivers or the records of commercial drivers

1306.16 The Department shall act expeditiously in imposing a disqualification under this section and posting the disqualification to the driver’s record.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by the Commercial Driver’s License Minimum Age Requirement Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-220; 57 DCR 5588, 5589 (July 2, 2010)); as amended by Final Rulemaking published at 57 DCR 10912, 10913 (November 19, 2010);as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015); as amended by Final Rulemaking published at 68 DCR 6168 (June 11, 2021). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1306

18 DCMR § 1307 COMMERCIAL MOTOR VEHICLE DRIVER RESPONSIBILITY

1307.1 A person who operates a commercial motor vehicle and is domiciled in the District of Columbia shall have a commercial driver license or commercial learner permit issued by the Department of Motor Vehicles.

1307.2 When the holder of a commercial driver license changes his or her name, mailing address or residence, he or she shall file an application for a duplicate commercial driver license with the Department of Motor Vehicles within sixty (60) calendar days.

1307.3 A commercial motor vehicle driver shall notify his or her employer by the end of the next business day when any of the following occurs:

(a) The driver license is suspended, revoked or cancelled by the District of Columbia or by any state;

(b) The driver has been disqualified from the operation of a commercial motor vehicle for any period; or

1307.4 A commercial motor vehicle driver convicted of committing a traffic infraction (except parking) in any jurisdiction shall notify his or his employer within thirty (30) calendar days of the finding of liability, regardless of the type of vehicle he or she was operating.

1307.5 A commercial motor vehicle driver convicted of committing a traffic infraction (except parking) in any other jurisdiction shall notify the Department of Motor Vehicles within thirty (30) calendar days of the finding of liability, regardless of the type of vehicle he or she was operating.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1307

18 DCMR § 1308 NOTIFICATION OF PREVIOUS EMPLOYMENT

1308.1 Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following minimum information for the ten (10) years preceding the date of application:

(a) A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;

(b) The time periods between which the applicant drove for each employer; and

1308.2 The applicant shall certify that all information furnished is accurate and complete.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1308

18 DCMR § 1309 EMPLOYER’S RESPONSIBILITY

1309.1 An employer shall require an employee who operates a commercial vehicle to have a commercial driver’s license.

1309.2 An employer shall not knowingly allow an employee to operate a commercial motor vehicle if the employee has been disqualified from operating a commercial motor vehicle.

1309.3 An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during a period in which the driver, or the commercial motor vehicle he or she is driving, or the motor carrier operation, is subject to an out-of-service order.

1309.4 An employer shall not knowingly allow, require, permit, or authorize a driver to operate a commercial motor vehicle in the District of Columbia in violation of a Federal or District of Columbia law or regulation pertaining to railroad-highway grade crossings.

1309.5 An employer shall not knowingly allow, require, permit, or authorize any of its drivers to engage in texting or using a hand-held mobile telephone while driving.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 57 DCR 10912, 10914 (November 19, 2010); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1309

18 DCMR § 1310 COMMERCIAL DRIVER LICENSE CONTENT

1310.1 The commercial driver license shall be marked “CDL” and shall include, in addition to the information included on a regular driver license, the group(s) of commercial motor vehicles that the licensee is authorized to operate, as specified by class in § 1312 and by endorsement in § 1313.

1310.2 The commercial learner permit shall be marked “CLP” and shall include, in addition to the information included on a regular driver license, the group(s) of commercial motor vehicles that the permittee is authorized to operate, as specified by class in § 1312 and by endorsement in § 1313.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1310

18 DCMR § 1311 DURATION OF COMMERCIAL DRIVER LICENSE

1311.1 The commercial driver license shall be valid for an eight (8) year period.

1311.2 The Director, or his or her designee, may modify the duration of the commercial driver license to comply with any provision of this chapter.

1311.3 Any endorsement issued pursuant to this chapter shall not expire before the date that the license expires.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 56 DCR 5764 (July 17, 2009); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1311

18 DCMR § 1312 DRIVER LICENSE TYPE AND CLASS

1312.1 The following types of driver licenses shall be issued by the Director, Department of Motor Vehicles, or his or her designee:

(a) Regular Driver License - For persons qualifying to operate Class “D,” Class “M”, and Class “N” vehicles;

(b) Commercial Driver License - For persons qualifying to operate Class “A,” Class “B,” and Class “C” vehicles;

(c) Learner Driver License - For persons qualifying to operate Class “D,” and Class “M” vehicles, during a period of instruction; and

(d) Commercial Learner Permit - For persons qualifying to operate Class “A”, Class “B,” and Class “C” vehicles, during a period of instruction.

1312.2 The following classes of driver license shall be issued by the Department of Motor Vehicles allowing the holder to operate the specified classes of vehicles after successfully passing the applicable skills and knowledge tests:

(a) Class “A” - Any combination of vehicles with a gross combination weight rating greater than twenty-six thousand (26,000) pounds; Provided, that the gross vehicle weight rating of the vehicle(s) being towed is in excess of ten thousand (10,000) pounds. It authorizes holder to operate vehicles in Class “B,” Class “C,” Class “D”, or Class “N” with proper endorsements;

(b) Class “B” - Any single vehicle with a gross vehicle weight rating greater than twenty-six thousand (26,000) pounds and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds gross vehicle weight rating. it authorizes holder to operate vehicles in Class “C,” Class “D,” or Class “N” with proper endorsements;

(c) Class “C” - Any single vehicle with a gross vehicle weight rating of twenty-six thousand (26,000) pounds or less, or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds, if:

(1) The vehicle is designed to transport more than fifteen (15) passengers, including the driver; or

(2) The vehicle is used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R. Part 172, subpart F;

(d) Class “D” - All non-commercial motor vehicles, except vehicles in Class “M”;

(e) Class “M” - Motorcycles.

1312.3 For purposes of this section:

(a) “Gross combination weight rating” (GCWR) means the value specified by the manufacturer(s) as the maximum loaded weight of a single, a combination, or an articulated vehicle. If the manufacturer(s) does not specify the value, the GCWR will be determined by adding the GVWR of the power unit plus the GVWR of the towed unit(s);

(b) “Gross vehicle weight rating” (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle;

(c) “Non-commercial motor vehicles” means vehicles not specified in Class “A,” Class “B,” or Class “C.” This also includes vehicles equipped to serve as temporary living quarters for recreational, camping, or travel purposes and used solely as a family or personal conveyance; and

(d) Class C driver’s licenses also authorizes holder to operate vehicles in Class “D” or Class “N”.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1312

18 DCMR § 1313 COMMERCIAL DRIVER LICENSE AND COMMERCIAL LEARNER PERMIT ENDORSEMENTS AND RESTRICTIONS

1313.1 The following driver license endorsements shall be displayed on a driver license in order for the driver to operate certain types of motor vehicles or to operate motor vehicles hauling certain types of cargo:

(a) The Double/Triple Endorsement is required to operate a vehicle designed to pull more than one (1) trailer;

(b) The Transport Passenger Endorsement is required to operate a vehicle that transports more than fifteen (15) passengers;

(d) The Tank Vehicle Endorsement is required to operate a vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. The vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 39 C.F.R. part 171. However, this definition does not include portable tanks having a rated capacity under one thousand (1,000) gallons;

(e) The Hazardous Material Endorsement is required to operate a vehicle transporting a hazardous material that is required to be placarded under the District of Columbia Hazardous Materials Transportation and Motor carrier Safety Act of 1988, effective March 16, 1989 (D.C. Law 7-190; D.C. Official Code §§ 8-1401 et seq.), or by the U.S. Secretary of Transportation in accordance with the Hazardous Material Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. §§ 1801 et seq. and 49 C.F.R. part 383, § 121);

(f) The Motorcycle Endorsement is required on a Class “A,” Class “B,” Class “C,” or Class “D” driver’s license to permit the licensee to operate a motorcycle in addition to the class of vehicles designated on the driver’s license;

(g) The Class “A” Commercial Learner Permit Endorsement is required with a Class “B,” Class “C,” or Class “D” driver’s license to permit the licensee to operate a Class “A” vehicle if accompanied by the holder of a Class “A” driver’s license;

(h) The Class “B” Commercial Learner Permit Endorsement is required with a Class “C” or Class “D” driver’s license to permit the licensee to operate a Class “B” vehicle if accompanied by the holder of a Class “A” or Class “B” driver’s license; and

(i) The Class “C” Commercial Learner Permit Endorsement is required with a Class “D” driver’s license to permit the licensee to operate a Class “C” vehicle if accompanied by the holder of a Class “A,” Class “B” or Class “C” driver’s license.

1313.2 The following chart shows the symbols to be used for endorsements that shall appear on the driver’s license to authorize driving of the following:

(a) [REPEALED].

(b) “H” – vehicles transporting hazardous materials;

(d) “P” – vehicles carrying passengers;

(e) “N” – tanker vehicles;

(f) “S” – school buses;

(g) “X” – a combination of the hazardous materials and tanker vehicle endorsements; and

(h) “M” – motorcycles in addition to class of vehicles designated on driver’s license.

1313.3 The following restrictions shall be displayed on a driver license to specify special conditions under which a driver may operate a motor vehicle:

(a) Must wear glasses or contact lenses;

(b) May not operate a vehicle with air brakes;

(d) Must be accompanied by driver who is authorized to operate class of vehicle being driven;

(e) May not operate Class “A,” “B” or “C” vehicles in interstate commerce;

(f) Valid only when presented with official document noting special driving conditions; and

(g) Valid only when presented with a valid medical card; and

(h) May not operate tractors and semi-trailers.

1313.4 The Director, or his or her designee, may modify the endorsements and restrictions in § 1313 when deemed necessary to implement this chapter.

1313.5 A commercial learner permit holder with a passenger endorsement shall not operate a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner permit holder as prescribed by §§ 1302.5 and 1302.6 of this chapter.

1313.6 A commercial learner permit holder with a school bus endorsement shall not operate a school bus with passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner permit holder as prescribed by §§ 1302.5 and 1302.6 of this chapter.

1313.7 A commercial learner permit holder with a tanker endorsement may only operate an empty tank vehicle and shall not operate a tank vehicle that previously contained hazardous materials that has not been purged of any residue.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005); as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1313

18 DCMR § 1314 PROCEDURES FOR LICENSING ACTIONS

1314.1 Before issuing an initial or renewal commercial driver license or reissuing a commercial driver license with a change of classification, endorsement, or restriction, the Department shall check the driving record of the applicant for the last ten (10) years as maintained by the Department or by any other jurisdiction which has issued an operator’s license to the applicant.

(a) Within twenty-four (24) hours before issuing or reissuing the license, if the applicant does not currently possess a valid commercial driver license issued by the District of Columbia; or

(b) Within ten (10) days before issuing or reissuing the license, for all other applicants.

1314.2 No person shall be issued a renewed commercial driver license until his or her driving record has been checked through the operator of the Commercial Driver License Information System in the time period set forth in Subsection 1314.1 to determine the status of his or her commercial driving privileges in any other jurisdiction.

1314.3 No person shall be issued a commercial driver license until his or her driving record, as maintained by the current jurisdiction of issuance, has been checked through the operator of the National Driver Register, and other information systems, in the time period set forth in Subsection 1314.1, to check the status of his or her non-commercial driving privileges in any other jurisdiction. The information shall be considered in determining whether to issue a commercial driver license.

1314.4 Within thirty (30) days after receiving a request from the operator of the Commercial Driver License Information System (CDLIS) or a driver licensing agency of another jurisdiction for records or other information related to an applicant or driver, the Department shall provide to CDLIS or the driver licensing agency of the other jurisdiction all requested records and information maintained by the Department that are related to the applicant or driver.

1314.5 No later than ten (10) days after disqualifying a commercial driver license holder licensed by another jurisdiction, or revoking, suspending, or canceling the privilege of a commercial driver license holder licensed by another jurisdiction to operate a commercial motor vehicle in the District of Columbia, the Department shall notify the operator of the Commercial Driver License Information System and the jurisdiction that issued the license of the disqualification, revocation, suspension, or cancellation and the underlying violation that led to the disqualification, revocation, suspension, or cancellation.

1314.6 If a person who holds a commercial driver license issued by another jurisdiction is convicted of a violation of a federal or District law or regulation relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the Department shall notify the licensing entity in the jurisdiction where the driver is licensed of the conviction within ten (10) days after the conviction.

1314.7 Whenever a person who does not hold a commercial driver license, but who is licensed to drive by another State, is convicted of a violation in a commercial motor vehicle of any law relating to motor vehicle traffic control (other than a parking violation), the Department shall notify the licensing entity in the State where the driver is licensed of this conviction as follows:

(a) Beginning on September 30, 2005, the notification will be made within thirty (30) days of the conviction.

(b) Beginning on September 30, 2008, the notification will be made within ten (10) days of the conviction.

1314.8 The Department shall make driver record information available as required by 49 C.F.R. § 225(c).

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 57 DCR 10912, 10914 (November 19, 2010); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1314

18 DCMR § 1315 COMMERCIAL DRIVER LICENSE KNOWLEDGE TEST

1315.1 Applicants for a commercial driver license shall be required to successfully pass, with a minimum score of eighty percent (80%), one or more knowledge tests meeting the standards set forth in 49 C.F.R. § 383. The knowledge tests include the following:

(a) A general knowledge test, which shall be administered to all applicants;

(b) A passenger transport test, which shall be administered to persons who apply to operate vehicles that carry more than fifteen (15) passengers;

(c) An air brake test, which shall be administered to persons who apply to operate trucks and buses with air brakes. Applicants who fail or do not take the air brake test shall have a restriction placed on their driver license as provided in § 1313.3(b);

(d) A combination vehicle test, which shall be administered to persons who apply to operate combination vehicles;

(e) A hazardous materials test, which shall be administered to persons who apply to operate vehicles that haul hazardous materials. Drivers who possess a commercial driver license with a Hazardous Material Endorsement shall meet the following requirements:

(1) Pass a hazardous material test either upon renewal of a commercial driver license; or

(2) Pass a hazardous material test upon conversion of a commercial driver license from another state;

(f) A tanker test, which shall be administered to persons who apply to operate vehicles that haul liquids;

(g) A double/triple trailer test, which shall be administered to persons who apply to operate vehicles that pull double or triple trailers; and

(h) A School Bus test, which shall be administered to persons who apply to operate school buses.

(i) An air brake test, which shall be administered to persons who apply to operate a vehicle with air brakes.

1315.2 The information needed to successfully pass the commercial driver license knowledge tests shall be provided in the District of Columbia Commercial Driver License Manual and shall meet the requirements in 49 C.F.R. § 391.

1315.3 The Director, or his or her designee, may offer the knowledge tests provided for in this section orally.

1315.4 [REPEALED].

1315.4a An applicant must wait seventy-two (72) hours after failing a commercial driver license knowledge test before re-taking the test.

1315.5 An applicant may take the applicable commercial driver license knowledge test no more than six (6) times within a twelve (12) month period.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 5758 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 56 DCR 5764 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 10912, 10914 (November 19, 2010); as amended by Final Rulemaking published at 58 DCR 9016 (October 21, 2011); as amended by the Commercial Driver’s License Skills Test Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-0053; 60 DCR 15159 (November 1, 2013)); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1315

18 DCMR § 1316 COMMERCIAL DRIVER LICENSE SKILLS TEST

1316.1 Any applicant for a commercial driver license shall pass each section of a commercial driver license skills test that meets the standards set forth in 49 C.F.R. § 383.

1316.2 The passing score for each of the sections of the test required by § 1316.1 is eighty percent (80%) or higher.

1316.3 An applicant may not take the commercial driver license skills test until at least thirty (30) days have elapsed from the issuance of a learner’s permit.

1316.4 An applicant must wait seventy-two (72) hours after failing a commercial driver license skills test before re-taking the test.

1316.5 An applicant may take the commercial driver license skills test no more than six (6) times in a twelve (12) month period.

1316.6 In addition to the penalty specified in Subsection 103.9 of this title, if an applicant misses a CDL skills test appointment, the applicant will be assessed one failed test.

1316.7 An applicant for a commercial driver license who does not successfully complete the air-brake component of the driving-skill test in a vehicle or combination of vehicles equipped with air brakes, shall, if otherwise qualified, receive a commercial driver license that restricts the license holder from operating a commercial motor vehicle equipped with air brakes as provided in Subsection 1313.3(b).

1316.8 If allowed by another U.S. jurisdiction, a District of Columbia resident who has taken commercial driver license training in that jurisdiction may take the skills test in that jurisdiction. The test results will be accepted as if the tests were administered in the District.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 5758 (June 17, 2005); as amended by Final Rulemaking published at 56 DCR 5764 (July 17, 2009); as amended by Final Rulemaking published at 57 DCR 10912 (November 19, 2010); as amended by Final Rulemaking published at 58 DCR 9016 (October 21, 2011); as amended by the Commercial Driver’s License Skills Test Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-0053; 60 DCR 15159 (November 1, 2013)); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1316

18 DCMR § 1317 THIRD PARTY TESTING

1317.1 The Director may authorize a state, an employer, a private drivers training facility, or a department, agency or instrumentality of a local government to administer the skills tests, if the following conditions are met:

(a) The tests given by the third party are the same as those which would otherwise be given by the District of Columbia; and

(b) The third party has an agreement with the District of Columbia containing, at a minimum, provisions that:

(1) Allow the Federal Highway Administration (FHWA), or its representative, and the District of Columbia to conduct random examinations, inspections and audits without prior notice;

(2) Require the District of Columbia to conduct on-site inspections at least annually;

(3) Require that all third party examiners meet the same qualification and training standards as District of Columbia examiners, to the extent necessary to conduct skills tests in compliance with the minimum federal standards established in 49 C.F.R. Part 383, subparts G and H;

(4) Require that, at least on an annual basis, District of Columbia employees take the tests actually administered by the third party as if the District of Columbia employee were a test applicant, or that District of Columbia test a sample of drivers who were examined by the third party to compare pass/fail results; and

(5) Reserve unto the District of Columbia the right to take prompt and appropriate remedial action against the third-party testers in the event that the third-party fails to comply with District of Columbia or minimum federal standards for the commercial driver’s license testing program, or with any other terms of the third-party contract.

1317.2 An applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the Department of Motor Vehicles that he or she has successfully passed the driving tests administered by the third party.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1317

18 DCMR § 1318 TEST WAIVER

1318.1 Except as provided in § 1318.2, the Director may waive the knowledge test and the skills test for an applicant for a commercial driver license if the driver has been issued a commercial driver license from another jurisdiction in accordance with the minimum federal standards provided for in the federal regulations, 49 C.F.R. Part 383, subpart G.

1318.2 The driving skills test required for a school bus endorsement may be waived for an applicant who meets the conditions set forth in 49 C.F.R. § 383.123(b). This subsection shall expire on September 30, 2005.

1318.3 The Director may waive the skills test specified in § 1316 for a commercial driver license applicant with military commercial motor vehicle experience who currently holds a driver license at the time of his or her application for a commercial driver license as follows:

(a) The applicant must certify that, during the two (2)-year period immediately prior to applying for a commercial driver license, he or she:

(1) Has not had more than one (1) license concurrently (except for a military license);

(2) Has not had any license suspended, revoked, or cancelled;

(3) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 49 C.F.R. § 383.51(b);

(4) Has not had more than one (1) conviction for any type of motor vehicle for serious traffic violations contained in 49 C.F.R. § 383.51(c); and

(5) Has not had had any conviction for a violation of military, state, or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he or she was at fault;

(b) An applicant must provide evidence and certify that he or she:

(1) Is regularly employed or was regularly employed within the last ninety (90) days in a military position requiring operation of a commercial motor vehicle;

(2) Was exempted from the commercial driver license requirements in 49 C.F.R. § 383.3(c); and

(3) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate, for at least the two (2) years immediately preceding discharge from the military; and

(c) An applicant must complete a form designed by the Director, setting forth any additional information the Director may require in order to determine whether the applicant is qualified to receive a waiver.

(d) An applicant may not transfer a school (“S”) or passenger (“P”) endorsement under this waiver program.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 60 DCR 5612 (April 12, 2013); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1318

18 DCMR § 1319 OUT-OF-SERVICE ORDERS

1319.1 A commercial driver shall be immediately placed out-of-service for a period of twenty-four (24) hours, based on the findings of an authorized law enforcement officer, if the driver:

(a) Has consumed an intoxicating beverage or have any measurable or detectable alcohol concentration level regardless of its alcoholic content;

(b) Is under the influence of an intoxicating beverage; or

(c) Has a detectable presence of an intoxicating beverage regardless of its alcoholic content while operating, or in physical control of, a commercial motor vehicle.

1319.2 A law enforcement officer may confiscate the commercial driver license or commercial learner permit of a driver placed out-of-service pursuant to § 1319.1.

1319.3 Any license confiscated pursuant to § 1319.2 shall be returned after twenty-four (24) hours; Provided, that the commercial driver’s alcohol concentration was determined to be less than 0.04 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

1319.4 All twenty-four (24) hour out-of-service orders may be submitted to the Regional Director of the FHWA Office of Motor Carrier Standards for this region for review.

History

SOURCE: Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1319

18 DCMR § 1320 IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS

1320.1 A person who drives a commercial motor vehicle within the District of Columbia shall be deemed to have given consent to have a test(s) of their blood, breath or urine for the purpose of determining the alcohol concentration, or the presence of other drugs in their body.

1320.2 A test or tests shall be administered at the direction of an authorized law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has reasonable cause to believe that the driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his or her system.

1320.3 If the person refuses testing in § 1320.1, or submits to a test that discloses an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the authorized law enforcement officer who has stopped or detained the driver shall submit a sworn report to the Department of Motor Vehicles certifying that the test was requested pursuant to § 1320.1 and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

1320.4 Persons who refuse to submit to a test of their blood alcohol content as provided in § 1320.1 shall be subject to the penalties provided in § 5 of the District of Columbia Implied Consent Act of 1982, effective September 14, 1982 (D.C. Law 4-145; D.C. Official Code § 50-1905).

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1320

18 DCMR § 1321 RECIPROCITY

1321.1 A commercial motor vehicle driver may drive a commercial motor vehicle in the District of Columbia if the person has a commercial driver license or commercial learner permit issued by any jurisdiction in accordance with the minimum Federal standards; Provided:

(a) The commercial driver license or commercial learner permit is not suspended, revoked or canceled; or

(b) The person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1321

18 DCMR § 1322 COMPLIANCE

1322.1 No person shall drive a commercial motor vehicle in the District of Columbia unless he or she has a valid commercial driver license or a commercial learner permit and with all applicable endorsements.

1322.2 A driver of a commercial motor vehicle, while driving the vehicle in the District of Columbia, shall have in his or her immediate possession a commercial driver license or a commercial learner permit authorizing the operation of the vehicle, and shall, upon request, make it available to any authorized law enforcement officer.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1322

18 DCMR § 1323 RESERVED

18 DCMR § 1324 RESERVED

18 DCMR § 1325 RESERVED

18 DCMR § 1326 FEES

1326.1 Every applicant for a commercial driver license or commercial learner permit shall pay a non-refundable fee, payable to the D.C. Treasurer, for the following transactions:

Commercial Driver Learner Permit

First Issuance

$ 78.00

Renewals

$ 78.00

Commercial Driver License

Duplicate

$ 20.00

First Issuance

$ 117.00

Renewals

$ 117.00

Reinstatement

$ 98.00

Upgrade or Downgrade after First Issuance

$ 13.00

1326.2 Commercial Learner Permit shall include all knowledge tests and one (1) skills retest.

1326.3 Commercial Learner Permit shall be renewable once, after which the holder shall reapply.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006); as amended by Final Rulemaking published at 58 DCR 9016, 9017 (October 21, 2011); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1326

18 DCMR § 1327 PHYSICAL QUALIFICATIONS AND EXAMINATIONS

1327.1 No person shall be issued or maintain a commercial driver license or commercial learner permit unless he or she is physically qualified and, except as provided in 49 C.F.R. § 391.49, presents to the Department a valid medical examiner's certificate, as set forth in 49 C.F.R. § 391.43(h) that is not more than two (2) years old.

1327.2 A person shall be considered physically qualified to drive a motor vehicle if that person meets the requirement in 49 C.F.R. § 391.

1327.3 Except as otherwise provided in this section, a medical examination to determine an applicant's physical qualification to operate a commercial motor vehicle shall be performed by a medical practitioner who is listed on the National Registry of Certified Medical Examiners.

1327.4 A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors as specified in § 1327.2.

1327.5 The medical examination shall be performed, and its results shall be recorded, in substantial accordance with the instructions and examination forms that are prescribed in the FMCSR, 49 C.F.R. § 391.43.

1327.6 A physician who performs a medical examination pursuant to § 1327.3, after completion of such examination, shall provide the commercial driver a signed copy of the forms provided for in § 1327.5.

1327.7 Persons issued a District of Columbia commercial driver license with a Hazardous Material Endorsement shall present medical documentation, as provided for in § 1327.5, to the Department of Motor Vehicles every two (2) years, beginning from the date of issuance of their commercial driver’s license.

1327.8 Any commercial motor vehicle driver whose ability to perform his or her normal duties has been impaired by a physical or mental injury or disease must be reexamined and submit the certification required by § 1327.3.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 5758 (June 17, 2005); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1327

18 DCMR § 1328 USA PATRIOT ACT COMPLIANCE

1328.1 All drivers renewing or applying for a hazardous material endorsement shall pass a security threat assessment conducted by the Transportation Security Administration of the Federal Department of Homeland Security, and meet all other requirements in 49 C.F.R. Part 1572.

1328.2 [REPEALED].

1328.3 Upon receipt of a finding by the Transportation Security Administration that an applicant or permittee represents a security threat, the Director shall refuse to issue, or shall immediately revoke any hazardous materials endorsement effective five (5) days after mailing a notice of revocation to the permittee’s address in the Department’s records.

1328.4 At least sixty (60) days before the expiration date of the CDL or a hazardous materials endorsement, the Department of Motor Vehicles shall notify the holder of a hazardous materials endorsement that the holder must pass a Transportation Security Administration security threat assessment process as part of his or her application for renewal of the hazardous materials endorsement.

1328.5 The notice shall advise the driver that, in order to expedite the security screening process, he or she should file a renewal application as soon as possible, but no later than thirty (30) days before the expiration date of the hazardous materials endorsement.

1328.6 An individual who does not successfully complete the Transportation Security Administration security threat assessment process referenced in this subsection shall not be issued a hazardous materials endorsement.

History

SOURCE: Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 52 DCR 5758 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 57 DCR 10912, 10915 (November 19, 2010). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1328

18 DCMR § 1329 EXEMPTIONS TO THE COMMERCIAL DRIVER LICENSE REQUIREMENTS

1329.1 Persons on active military duty; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel are exempt from the requirements of D.C. Law 8-161 and this chapter.

1329.2 Drivers of vehicles operated exclusively for personal use, such as recreational vehicles and rental trucks, used only to transport the driver’s family, or personal or household property, shall be exempt from this chapter.

1329.3 Drivers of emergency or fire equipment, which is necessary for the preservation of life or property, or for the execution of emergency governmental functions, shall be exempt from this chapter.

1329.4 A driver of a DC Streetcar, as defined in Section 9901 of this title, shall be exempt from this chapter.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by Final Rulemaking published at 61 DCR 10575 (October 10, 2014); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1329

18 DCMR § 1399 DEFINITIONS

1399.1 When used in this chapter, the following terms shall have the meanings ascribed, notwithstanding any definition in Section 9901:

Authorized Law Enforcement Official - any member of the District of Columbia Metropolitan Police Department, the U.S. Park Police, or the U.S. Capitol Police, who is duly authorized to enforce traffic laws within the boundaries of the District of Columbia.

Chemical Test - a test of a person's blood, urine, or breath for the purpose of determining the alcohol concentration or blood-drug-content in accordance with D.C. Official Code §§ 50-1902 and 50-1903, except the alcohol concentration shall be 0.04 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine instead of 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Commerce - (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside of the United States; and (b) any trade, traffic, and transportation in the United States which affects any trade, traffic and transportation described in part (a) of this definition.

Commercial Learner Permit - a driver’s license issued by the District of Columbia or another jurisdiction, in accordance with the federal regulations, 49 C.F.R. Part 383, to an individual which authorizes the individual to operate a class of commercial vehicles, if the individual:

(a) Possesses a non-commercial driver’s license, or a commercial driver’s license for a group of vehicles other than the group of vehicles the individual is applying; and

(b) Is accompanied by a person who is authorized to operate the type of commercial vehicle being driven.

Commercial Driver License - a driver’s license issued by the District of Columbia or other jurisdiction, in accordance with the federal regulations, 49 C.F.R. Part 383, to an individual which authorizes the individual to operate a class of commercial vehicle.

Conviction - means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

Department – the Department of Motor Vehicles

Mobile telephone -- a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. part 20.3. It does not include two-way or Citizens Band Radio services.

School bus -- a bus which is regularly used by or on behalf of a school to transport children to or in connection with school activities; Provided, that this definition shall not include buses operated by common carriers which are not used primarily for the transportation of school children, or vehicles owned by the United States government.

Texting -- means manually entering alphanumeric text into, or reading text from, an electronic device that includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an internet page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

1399.2 Any other term not defined above shall have the same meaning as that prescribed in 49 C.F.R. §§ 383 and 391.

History

SOURCE: Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by Final Rulemaking published at 57 DCR 10912 (November 19, 2010); as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1399

18-14 COMMERCIAL TRANSPORATION SAFETY

18 DCMR § 1400 COMPLIANCE WITH FEDERAL REGULATIONS

1400.1 Section 4(6) of the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, D.C. Law 7-190, D.C. Code § 6-3303(6) (1989 Repl. Vol.), directs the Mayor to establish a “system to ensure motor carrier safety consistent with the Federal motor carrier safety regulations that will qualify the District for federal grant assistance.”

1400.2 In accordance with this statutory directive, all vehicles identified in § 1401.1 shall be operated in compliance with title 49 of the Code of Federal Regulations, Parts 171 through 180, Part 383, Part 387, and Parts 390 through 397 currently in effect, which are herein adopted by reference.

1400.3 Any motor carrier as defined in § 1401 shall permit auditors, accountants, law enforcement officers, examiners, and other authorized agents of the District of Columbia Government to examine vehicles, vehicle loads, terminals, buildings, equipment and other facilities, and examine and copy books, records, accounts, bills of lading, load sheets, manifests, correspondence, and other records of the motor carrier's operations relating to the transportation of property or passengers.

1400.4 All motor carriers as defined in § 1401 shall instruct their employees, drivers, and agents to cooperate with government employees conducting examinations pursuant to § 1400.3.

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000); as amended by Final Rulemaking published at 55 DCR 1942(February 29, 2008); as amended by Notice of Final Rulemaking published at 57 DCR 10917 (November 19, 2010).

18 DCMR § 1401 APPLICATION

1401.1 Except as otherwise exempted, this chapter shall be applicable to all self-propelled or towed vehicles operating on the streets and highways of the District of Columbia, if the following occurs:

(a) The gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of the vehicle exceeds ten thousand (10,000) pounds;

(b) The vehicle is designed to transport more than fifteen passengers, including the driver; or

(c) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under title 49 of the Code of Federal Regulations.

1401.2 This chapter shall apply to all motor carriers of property and passengers, including common carriers by motor vehicle, contract carriers by motor vehicle, private carriers by motor vehicle, and any agent, officer, representative or employee who is responsible for the hiring, supervision, training, assignment, or dispatching of drivers.

1401.3 All motor carriers engaged in intrastate commerce within the District of Columbia shall conduct their operations in accordance with the regulations established under this chapter.

1401.4 With respect to any intrastate motor carriers covered by this chapter, any notices or requests which the carriers are permitted or required to make to the U.S. Department of Transportation or designated officials, shall instead be made to the Metropolitan Police Department.

1401.5 Each motor carrier and shipper shall be instructed in, familiar with, and comply with the applicable rules in this chapter.

1401.6 All regulations and parts of regulations in effect in the District of Columbia which are inconsistent with the provisions of this chapter are superseded with respect to matters covered by this chapter, unless specifically stated otherwise.

18 DCMR § 1402 EXEMPTIONS

1402.1 Unless otherwise specifically provided, the regulations set forth in this chapter shall not apply to the following:

(a) School buses and school bus operations as defined in 49 CFR § 390.5;

(b) Transportation performed by the federal or District of Columbia government, a state, or any political subdivision of a state, or an agency established under a compact between states that has been approved by the Congress of the United States;

(c) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;

(d) The transportation of human corpses or sick and injured persons;

(e) The operation of police, fire, and rescue vehicles while involved in emergency and related operations; and

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000).

18 DCMR § 1403 ROUTING

1403.1 The following roadways have been posted for the interstate routing of hazardous materials through the District of Columbia by motor vehicles required to display markings or placards:

(a) Interstate 295 from the D.C. - Md. boundary at Oxon Run Creek, to the interchange with Interstate 695 in the vicinity of 11th and L Streets, S.E.;

(b) Interstate 695, from the interchange with Interstate 295, in the vicinity of 11th and L Streets, S.E., to the interchange with Interstate 395, in the vicinity of 2nd and E Streets, S.W.;

(c) Interstate 395 from the D.C. - Va. boundary, to the interchange with Interstate 695 in the vicinity of 2nd and E Streets, S.W.;

(d) The Anacostia Freeway from the Kevin Welch Memorial Bridge, to East Capitol Street; and

(e) Kenilworth Avenue, N.E., from East Capitol Street to the D.C. - Maryland line.

1403.2 No motor vehicle, trailer, or other cargo-carrying body which is transporting hazardous materials, and is required to display markings or placards, shall enter the following tunnels or any access ramp to the tunnels:

(a) The Interstate - 395 freeway tunnel from the south portal to the most northerly portal at K Street, N. W.; and

(b) The Ninth Street Expressway tunnel from the north portal at Madison Drive to the south portal, which is south of Independence Avenue.

1403.3 Through hazardous materials traffic, while in the District of Columbia, is restricted to routes designated in § 1403.1.

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000).

18 DCMR § 1404 DECLARATION OF KNOWLEDGE

1404.1 Registrants of any vehicle subject to the regulations adopted under this chapter shall certify that they have personal knowledge of all applicable federal and District of Columbia motor carrier safety regulations, to include the transportation of hazardous materials. This certification shall be made at the time a vehicle is initially registered in the District of Columbia.

18 DCMR § 1405 AMENDMENTS OF 49 CFR

1405.1 Part 390 is amended to read as follows:

(a) 390.3(a) Add: “or intrastate” after “interstate”; and

(b) 390.9: This section shall not apply.

1405.2 Part 391 shall be complied with without amendment.

1405.3 Part 392 shall be complied with without amendment.

1405.4 Part 393 is amended to read as follows: 393.3 Add: “D.C. Law, other regulations, or” between “prohibited by” and “this.”

1405.5 [Repealed]

1405.6 Part 395 is amended to read as follows:

(a) 395.13(a) Add: “authorized member of the Metropolitan Police department, and” after “Every”;

(b) 395.13(c) (2) Replace: “A motor carrier” with “(i) If a special agent of the Federal Highway Administration declares a driver out of service, a motor carrier”; and add: “A copy of the completed form MCS-63 also shall be delivered to the Metropolitan Police Department, Motor Carrier Safety Unit, within the prescribed fifteen (15) day period. (ii) If a police officer declares a driver out of service, a motor carrier shall certify that all violations noted have been corrected by completing the “signature of carrier official, title, and date signed” portions of the Driver-Vehicle Inspection Report form and deliver the form by mail or in person, within fifteen (15) days following the date of inspection, to the Metropolitan Police Department, Motor Carrier Safety Unit. If the motor carrier mails the form, delivery is made on the date it is postmarked.” after “postmarked”;

(d) 395.15(j) (2) Add: “or Metropolitan Police Department” after “FHWA.”

1405.7 Part 396 is amended to read as follows:

(a) 396.1 Add: “(a)” before “Every” and add “(b) Where reference is made in this part to a Driver Equipment Compliance Check or to form MCS-63, it shall also mean a Metropolitan Police Department Driver-Vehicle Inspection Report”;

(b) 396.9(a) Delete 49 CFR 396.9(a) and replace with new language to read as follows:

(a) Personnel authorized to perform inspections - (1) Every special agent of the FHWA (as defined in Appendix B to this subchapter) and certified motor carrier inspectors of the Metropolitan Police Department are authorized to enter upon and perform inspections of motor carrier’s vehicles in operation. (2) A motor vehicle, or in the instance of a vehicle combination, a component vehicle of the combination, which bears a current and valid CVSA inspection sticker issued by the District of Columbia or other member jurisdiction of the Commercial Vehicle Safety Alliance is not subject to an inspection of its mechanical condition unless: (i) specifically authorized by the Commander, Traffic Enforcement Branch; or (ii) a person who is authorized in subsection (a) (1) of this section to conduct an inspection has reasonable grounds to believe the vehicle has not passed an inspection as indicated by the sticker or that the vehicle currently has safety defects.

(d) 396.9(c) (1) Add: “Approved by the Metropolitan Police Department” after “sticker” and add to end: “The Metropolitan Police Department shall determine and specify the criteria to be used in placing a vehicle out of service”;

(e) 396.9(d) (3) (ii) Delete and replace with: “If the inspection report was issued by a special agent of the FHWA return the completed report to the BMCS office at the address indicated on the report, and forward a copy of the completed report to the Metropolitan Police Department, Motor Carrier Safety Unit”; and

(f) 396.9(d) (3) Add: “(iii) If the inspection report was issued by an officer of the Metropolitan Police Department, return the completed report to the Motor Carrier Safety Unit.”

1405.8 Part 397 is amended to read as follows: 397.9(a) Add: “(1)” before “Unless”; and at end add: “(2) Motor vehicles containing hazardous materials not intended for local delivery shall traverse the District of Columbia on those routes designated for the transportation of hazardous cargo.”

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000).

18 DCMR § 1406 OTHER FEDERAL REGULATIONS

1406.1 Motor carriers and shippers shall be required to comply with all other federal regulations that are referenced in title 49 of the Code of Federal Regulations, Parts 171 through 180, and 382, 383, 385, 386, 387, 388, and 389 through 399 and the Federal Hazardous Materials Regulations Part 107 (subparts F and G only).

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000); as amended by Final Rulemaking published at 55 DCR 1942(February 29, 2008).

18 DCMR § 1407 OUT-OF-SERVICE CRITERIA

1407.1 The Metropolitan Police Department shall utilize the most recent printing of Appendix A of the North American Uniform Out-Of-Service Criteria, published by the Commercial Vehicle Safety Alliance, to determine which vehicles or drivers will be placed out-of-service as the result of a safety inspection, including on-site compliance reviews.

1407.2 The North American Uniform Out-Of-Service Criteria, published by the Commercial Vehicle Safety Alliance, is hereby incorporated by reference.

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000).

18 DCMR § 1408 FINES

The infractions and their respective fine amounts set forth in this section are in addition to applicable infractions and related fine levels contained in Chapter 26, 18 DCMR, but do not include those major moving violations for which jurisdiction remains in the Superior Court.

1408.2 Out-of-Service Violations - Drivers

The following fines shall apply to failure to comply with 49 CFR Parts 383, 391, 392, and 395; and Part 1 of Appendix A of the North American Uniform Out-Of-Service Criteria.

(a) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP I VIOLATIONS

FINE

1st Violation

$ 500.00

2nd Violation

$ 1,000.00

3rd or subsequent Violation

$ 1,500.00

Disqualified Driver

Drugs - Under the Influence

Drugs Possession

Intoxicants - Under the Influence

Intoxicants - Consumption

Intoxicants - Possession of Open Container

Intoxicants - Detectable Presence

(b) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP II VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 200.00

3rd or subsequent Violation

$ 300.00

Intentional Falsification of Record of Duty Status

$ 300.00

Impaired Driver (Sick or Fatigued)

10 Hour Driving Violation

Driving After 15 Hours On-Duty

Driving After 60/70 Hours

No Record of Duty Status

No Record of Duty Status (Previous Seven Days)

All other hours of service violations

(c) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP III VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 125.00

3rd or subsequent Violation

$ 150.00

Driver Under 21 (18 Canada)

No Operators License (non-CDL)

CDL Violations (Learner Endorsement/Restrictions, Class)

License - Improper Class/Endorsement

No Waiver of Physical Disqualification When Required

Intoxicants - Possession of Unopened Container in Cab

1408.3 Out-of-Service Violations - Vehicles

The following fines shall apply to failure to comply with 49 CFR Parts 393 and 396, and Part II of Appendix A of the North American Uniform Out-Of-Service Criteria.

(a) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP I VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 300.00

3rd or subsequent Violation

$ 600.00

Air Compressor Loose or Broken Pulley or Mounting

Air Loss Rate

Breakaway Braking Device

Cracked or Broken Brake Drum or Rotor

Defective Braking Action

Electric Brakes (including Breakaway Device)

Missing or Broken Brake Component

Tractor Protection Valve

Hydraulic Brakes (No Pedal Reserve)

Vacuum System Reserve

Coupling Devices, All (When in Use)

Frame Cracked, Broken, Displaced

Tire and Wheel Clearance

Safe Loading

Steering Mechanism

Tires

Steering Axle

Emergency Exits (Buses)

(b) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP II VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 150.00

3rd or subsequent Violation

$ 250.00

Air Reservoir Security

Air Compressor Mounting Bolts

Power Assist Unit (Fails to Operate)

Hydraulic Brake Hose Leaks (On Application)

Hydraulic System Failure Warning System

Vacuum Hoses or Lines

Brake Loose Component

Brake Readjustment Limits

Brake Linings or Pads

Brake Mismatch (Steering)

Parking Brakes (Inoperable Breakaway System)

Brake Hose/Tubing

Low Pressure Warning Device

Adjustable Axle (Pins and Locks)

Fuel Tank Mounting

Head and Tail Lamps

Turn and Stop Lamps

Suspension

Wheel and Rims

Van and Open Top Trailers

(c) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP III VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 200.00

3rd or subsequent Violation

$ 300.00

Master Cylinder (Less than 1/4 Full)

Exhaust System (All)

Audible Air Leak at Brake Chamber

Fuel System Leaking, Loose Cap

Tires Steering Axle (All Others)

Windshield Wipers

1408.4 Out-of-Service Violation - Hazardous Materials

The following fines shall apply to failure to comply with 49 CFR Parts 171-180, and 397, and Part III of Appendix A of the North American Uniform Out-Of-Service Criteria.

(a) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP I VIOLATIONS

FINE

1st Violation

$ 250.00

2nd Violation

$ 500.00

3rd or subsequent Violation

$ 1,000.00

Placarding/Present When Required

Bulk Packages

Poison Inhalation Hazard Markings/Non-Bulk Packaging

Poison Inhalation Hazard Markings/Bulk Packaging

Non-Bulk Packaging

Loading and Securement

Forbidden Items

Radioactive Materials Levels (At surface)

(b) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP II VIOLATIONS

FINE

Any Violation

$ 100.00

Placarding/Number and Type

(c) Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

GROUP III VIOLATIONS

FINE

1st Violation

$ 100.00

2nd Violation

$ 125.00

3rd or subsequent Violation

$ 150.00

Shipping Papers - General

Bulk Package Markings

1408.5 Other Than Out-Of-Service Violations

(a) Other than Out-of-Service violations shall include those violations of regulations contained in 49 CFR, Parts 171-180, 383, 387 and 390-397, which do not meet the Out-Of-Service Criteria prescribed under the North American Uniform Out-of-Service Criteria.

(b) The following fine shall apply to other than Out-Of-Service Violations. Any violation of this subsection by the driver and/or motor carrier within the preceding 2 years shall be considered a prior violation for purposes of this subsection.

VIOLATION

FINE

1 or more Violation Imposed

During Any One Inspection

$ 100.00

1408.6 A driver who is convicted or found liable by an authorized administrative tribunal of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand and five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to disqualification.

1408.7 An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle during a period in which the driver or the commercial motor vehicle is subject to an out-of-service order shall be subject to a civil penalty of not less than two thousand seven hundred and fifty dollars ($2,750) nor more than twenty-five thousand dollars ($25,000).

1408.8 An employer who is convicted of or found liable by an authorized administrative tribunal of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in violation of a federal, State, or District law or regulation pertaining to railroad-highway grade crossings shall be subject to a civil penalty of not more than ten thousand dollars ($10,000).

History

SOURCE: Final Rulemaking published at 47 DCR 8861 (November 3, 2000); as amended by Notice of Final Rulemaking published at 57 DCR 10917 (November 19, 2010).

18-15 DC CIRCULATOR

18 DCMR § 1500 GENERAL PROVISIONS

1500.1 There is established a passenger bus service to provide a network of fixed-route bus services within the District of Columbia, to be known as the DC Circulator.

1500.2 The purpose of the DC Circulator is to relieve transportation congestion and improve the mobility of residents, workers, and tourists.

History

SOURCE: The District Department of Transportation DC Circulator Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-225; 53 DCR 10232 (December 29, 2006)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1500

18 DCMR § 1501 ROUTES

1501.1 The Director of the Department shall establish the routes and hours of service of the D.C. Circulator pursuant to the procedures set forth in § 1503. The routes shall be published on the DC Circulator website (www.dccirculator.com).

1501.2 The routes established pursuant to § 1501.1 may operate seven (7) days a week between the hours of 5:00 a.m. and 3:30 a.m. The specific hours of service for each route shall be published on the DC Circulator website (www.dccirculator.com).

History

SOURCE: The District Department of Transportation DC Circulator Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-225; 53 DCR 10232 (December 29, 2006)); as amended by Final Rulemaking published at 57 DCR 7902 (August 27, 2010); as amended by Final Rulemaking published at 57 DCR 11741 (December 10, 2010); as amended by Final Rulemaking published at 70 DCR 005885 (April 21, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1501

18 DCMR § 1502 FARES

1502.1 The fares to board a DC Circulator bus shall be as follows:

Persons between the ages of five (5) and sixty-four (64): One dollar ($1.00);

Persons sixty-five (65) years of age and older, upon presenting the DC Circulator bus driver or fare collector with a valid government issued photo identification, valid “Senior” fare card provided by Washington Metropolitan Area Transit Authority (WMATA), or a valid Medicare card: Fifty cents (50¢) (Half-fare);

Persons making transfers from WMATA Metrobus or Metrorail service within one hundred twenty (120) minutes of their initial boarding on Metrobus or Metrorail: Free of charge;

Persons who present a valid Metro Access card: Free of charge;

Persons with disabilities who present a valid Metro Disability Identification Card or a valid Medicare card with a photo identification card: Fifty cents (50¢) (Half-fare);

Attendant of a person with disability meeting the standards set forth in §§ 1502.1(d) or (e): Fifty cents (50¢) (Half-fare);

Up to three (3) persons under the age of five (5), accompanied by a paying adult: Free of charge; and

Persons between the ages of five (5) and twenty-two (22) who attend kindergarten through 12th grade in a school in the District, with valid “Kids Ride Free” rechargeable fare media, during the times specified in 18 DCMR § 1799 for an eligible student trip: Free of charge.

1502.2 The WMATA-issued seven (7)-day Regional Bus Pass (“7-Day Regional Bus Pass”) is the only pass that permits unlimited use of DC Circulator bus. The cost of the seven (7)-day Regional Bus Pass is set by WMATA.

1502.3 Except for children under the age of five (5) years old, no person shall board a DC Circulator bus without:

Depositing the applicable fare into the bus fare box;

Touching the target point of the bus rechargeable fare media reader with either a:

Funded rechargeable fare media;

Rechargeable fare media with a valid “7-Day Regional Bus Pass”; or

Rechargeable fare media with a valid “Kids Ride Free” bus pass;

Presenting a valid DC Circulator marketing ticket issued by the Department or its contractor, pursuant to D.C. Official Code § 50-921.34; or

Displaying a valid Metro Access Card.

History

SOURCE: The District Department of Transportation DC Circulator Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-225; 53 DCR 10232 (December 29, 2006)); as amended by Final Rulemaking Published at 57 DCR 7902, 7903 (August 27, 2010); as amended by Final Rulemaking published at 62 DCR 2568 (February 27, 2015); as amended by Final Rulemaking published at 70 DCR 005885 (April 21, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1502

18 DCMR § 1503 FARE ADJUSTMENTS, SERVICE ADJUSTMENTS, AND PUBLIC PARTICIPATION

1503.1 DDOT shall adjust the Circulator fare (fare adjustment) or Circulator routes or hours of operation (service adjustment) pursuant to the process set forth in this section.

1503.2 Before implementing a fare adjustment or major service adjustment, the Department shall:

Prepare a fare adjustment plan or major service adjustment plan, which shall include:

A summary of the proposed fare adjustment or major service adjustment;

A proposed timeline for the implementation of the fare adjustment or major service adjustment;

An equity analysis illustrating any disparate impact or disproportionate burden of the proposed fare adjustment or major service adjustment on populations identified in Circular FTA C 4702.1B; and

An explanation of the necessity of the fare adjustment or major service adjustment and description of alternative fare or service scenarios examined;

Publish notice of the fare adjustment or major service adjustment in the DC Register;

Hold at least one (1) public hearing on the fare adjustment plan or major service adjustment plan, and post notification of the public hearing and fare adjustment plan or service adjustment plan along with a website link to the plan on DC Circulator buses; and

If, after the public hearing and consideration of comments received, DDOT determines to implement the proposed fare adjustment or major service adjustment, DDOT shall:

Prepare an implementation plan outlining the agency’s final timeline and plan of action to begin implementing the adjusted fare or service, which shall be published on the DC Circulator website. The implementation plan shall include a summary of any public comments received and DDOT’s responses to the comments;

Issue a revision to the Circulator Transit Development Plan, available on the DC Circulator and DDOT websites, setting forth the adjusted fare or service; and

Place notices of the adjusted fare or service on DC Circulator buses at least ten (10) business days before the fare adjustment or major service adjustment is to be implemented.

1503.3 Before implementing a minor service adjustment, DDOT shall provide the public notice at least fifteen (15) days before the minor service adjustment is implemented. Notice shall be provided on social media, DC Circulator buses, and the DC Circulator website.

History

SOURCE: Final Rulemaking published at 62 DCR 2568 (February 27, 2015); as amended by Final Rulemaking published at 70 DCR 005885 (April 21, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1503

18 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following terms shall have the meaning ascribed:

Department - District Department of Transportation.

Disparate impact - occurs when the difference between the DC Circulator system-wide percentage of minority riders and the percentage of minority riders affected by a proposed service change or fare change is fifteen percent (15%) or greater.

Disproportionate burden - occurs when the difference between the DC Circulator system-wide percentage of low-income riders and the percentage of low-income riders affected by a proposed service change or fare change is fifteen percent (15%) or greater.

Fare adjustment - an increase or decrease in the cost of a single-ride fare.

Major service adjustment - a service adjustment that meets at least one (1) of the following criteria:

Changing frequency of the buses (how often they arrive) on a route by more than five (5) minutes;

Altering the geographic alignment of more than twenty-five percent (25%) of a bus route’s miles;

Changing a route’s span of service by more than three (3) hours in a day;

Creating or eliminating a route; or

Eliminating a bus stop along a portion of a route that would force a half-mile or more increase in walking to access the same route.

Metrobus - A bus operated by the Washington Metropolitan Area Transit Authority.

Metrorail - A train operated by the Washington Metropolitan Area Transit Authority.

Minority rider - a DC Circulator rider that includes the following:

American Indian and Alaska Native, which refers to people having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.

Asian, which refers to people having origins in any of the original peoples of East Asia, Southeast Asia, or South Asia, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

Black or African American, which refers to people having origins in any of the Black racial groups of Africa.

Hispanic or Latino, which includes persons of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

Native Hawaiian or Other Pacific Islander, which refers to people having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

Minor service adjustment - a service adjustment that does not meet any of the criteria for a major service adjustment.

Rechargeable fare media - a plastic, permanent farecard that may be issued by the Department or WMATA embedded with technology that keeps track of the fare value on the farecard, which may include tracking transfers, weekly passes, and monthly passes. A WMATA SmartTrip Card is an example of a rechargeable fare media.

WMATA or Metro - the Washington Metropolitan Area Transit Authority.

History

SOURCE: The District Department of Transportation DC Circulator Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-225; 53 DCR 10232 (December 29, 2006)); as amended by Final Rulemaking published at 57 DCR 7902 (August 27, 2010); as amended by Final Rulemaking published at 57 DCR 11741 (December 10, 2010); as amended by Final Rulemaking published at 70 DCR 005885 (April 21, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1599

18-16 DC STREETCAR

18 DCMR § 1600 GENERAL PROVISIONS

1600.1 This chapter applies to the passenger light rail transit service operated by the District Department of Transportation (“DDOT”), known as the DC Streetcar.

History

SOURCE: Final Rulemaking published at 61 DCR 5419 (May 30, 2014); as amended by Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1600

18 DCMR § 1601 IMPEDING THE STREETCAR SYSTEM

1601.1 It shall be unlawful to park, stop, or stand a vehicle:

(a) On a streetcar guideway; or

(b) Adjacent to a streetcar platform.

1601.2 A vehicle in violation of this section shall be subject to removal or impoundment at the vehicle owner's expense, pursuant to 18 DCMR § 2421.

History

SOURCE: Final Rulemaking published at 61 DCR 5419 (May 30, 2014); as amended by Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1601

18 DCMR § 1602 ROUTES AND HOURS OF OPERATION

1602.1 The following routes are established for the DC Streetcar:

H Street – Hopscotch Bridge to the intersection of Benning Road and Oklahoma Avenue., N.E.

1602.2 The standard operating hours for the routes established in Subsection 1602.1 may operate seven (7) days a week during the hours listed below are:

Monday through Thursday – 6:00 a.m. to 12:00 midnight;

Friday – 6:00 a.m. to 2:00 a.m.;

Saturday – 8:00 a.m. to 2:00 a.m.; and

Sunday and holidays – 8:00 a.m. to 10:00 p.m.

1602.3 The Director of DDOT (“DDOT Director”), or the operator of the DC Streetcar system with the consent of the DDOT Director, may expand or reduce the hours of operation of the DC Streetcar on specific days due to special events or unusual circumstances.

History

SOURCE: Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1602

18 DCMR § 1603 [RESERVED]

History

SOURCE: Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1603

18 DCMR § 1604 DAMAGING OR TAMPERING WITH THE STREETCAR SYSTEM

1604.1 The following acts are prohibited:

(a) Breaking, damaging, defacing, tampering with, or removing any part of a streetcar, streetcar guideway, or streetcar platform; or

(b) Interfering with or preventing the operation of a streetcar, streetcar platform, or streetcar guideway.

1604.2 Except as provided in Subsection 1604.3, only a person authorized by DDOT may manipulate any of the levers, buttons, cranks, brakes, or other mechanisms of a streetcar, including the emergency stop device, or to set a streetcar into motion.

1604.3 An act that is otherwise prohibited under Subsection 1604.2 may be taken:

(a) To respond to an emergency or in furtherance of public safety; but only to the extent a reasonable person would perform the act in such a situation, or

(b) By or under the direction of a person authorized as part of his or her official duties to take or direct such action.

History

SOURCE: Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1604

18 DCMR § 1605 CONDUCT IN THE STREETCAR SYSTEM

1605.1 While on a streetcar, the following acts are prohibited:

Transporting any item that blocks the aisle or the areas of the streetcar reserved for passengers in wheelchairs or who use mobility aids;

Transporting a bicycle on a streetcar between 7:00 a.m. and 10:00 a.m. or between 4:00 p.m. and 7:00 p.m. Monday through Friday, except holidays;

Transporting a bicycle on a streetcar in a manner that blocks access to any seats;

Bringing or carrying food or beverages in open containers;

Consuming food or beverages;

Bringing or carrying any animal upon the streetcar, except in the case of a guide or service animal, including a service animal in training, that has been individually trained to assist persons with disabilities and is under the control of its handler, housebroken and restrained by leash, harness, or other device made for the purpose of controlling the movement of an animal;

Soliciting signatures or circulating petitions; and

Distributing with or without charge any goods, wares, merchandise, books, magazines, newspapers, bills, or other literature of a commercial or non-commercial nature.

1605.2 While on a streetcar or a streetcar platform, the following acts are prohibited:

Operating a sound-emitting device, unless the only sound produced by such item is emitted by a personal listening attachment (earphone) audible only to the person carrying the device producing the sound;

Riding a skateboard, in-line skates, roller-skates, or a bicycle;

Smoking tobacco, an electronic cigarette, or any other substance, or carrying any lighted or smoldering substance, in any form;

Engaging in commercial activity, including selling or offering to sell any goods, wares, merchandise, books, magazines, newspapers, or any article of value, or taking orders for or selling subscriptions to same for future delivery, or distributing commercial advertising matter; and

Soliciting donations.

1605.3 The following acts are prohibited at any time:

Hanging onto or attaching oneself to any exterior part of a streetcar or touching a moving streetcar vehicle from outside the vehicle;

Walking between coupled streetcar vehicles;

Throwing an object at or from any streetcar or at any person or thing on or in any streetcar or streetcar platform; and

Posting signs or notices on a streetcar vehicle, streetcar platform, or streetcar guideway.

History

SOURCE: Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1605

18 DCMR § 1699 DEFINITIONS

1699.1 When used in this chapter, the following terms shall have the meaning ascribed:

Streetcar guideway – the area where streetcars operate, including the streetcar track, overhead wiring, and the airspace between, above, and surrounding the streetcar tracks through which the streetcar or its appurtenances will pass while operating on the streetcar track.

Streetcar platform – the public right of way designated for public use as an embarkation/disembarkation or waiting area for the streetcar, the stairways, ramps, and sidewalks that provide direct access to the embarkation/disembarkation or waiting area; and all equipment and fixtures, including streetcar shelters, in the embarkation/disembarkation or waiting area.

Valid fare media – a printed slip of paper or other official means of indicating purchase of a transit fare.

History

SOURCE: Final Rulemaking published at 61 DCR 5419 (May 30, 2014); as amended by Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1699

18-17 STUDENT TRAVEL PRIVILEGES

18 DCMR § 1700 ELIGIBILITY

1700.1 Student travel privileges shall be made available to persons (“eligible students”) who are:

(1) Residents of the District;

(2) Under twenty-two (22) years of age; and

(3) Currently enrolled in a course of instruction during the regular or summer calendar school year at an elementary or secondary public, charter, parochial, or private school located in the District; or

Youth in the District’s foster care system until they reach twenty-one (21) years of age.

1700.2 Notwithstanding § 1700.1, students who are transported to and from school by the Office of the State Superintendent of Education’s Division of Student Transportation are not eligible for student travel privileges.

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1700

18 DCMR § 1701 ISSUANCE OF STUDENT RIDER CARDS; LEVEL OF TRAVEL PRIVILEGES

1701.1 Student travel privileges shall be made available to eligible students through the issuance of a Student Rider Card.

1701.2 The process for issuing a Student Rider Card shall be determined by the Director of the Department of Transportation. The process shall at a minimum require proof of eligibility as defined in § 1700.1.

1701.3 A Student Rider Card shall include Metrobus and DC Circulator travel privileges, as described in § 1702, at no cost to the eligible student.

1701.4 A Student Rider Card shall include Metrorail travel privileges only if:

(a) The Chancellor of the District of Columbia Public Schools determines that the student needs to use the Metrorail system for transportation to and from school and related educational activities in the District. In making this determination, the Chancellor shall consider the proximity of the student’s residence to his or her school, the proximity of the student’s residence and school to Metrorail stations, and the student’s participation in city-wide education programs, work-study programs, inter-school extracurricular activities, and other similar educational and extracurricular activity programs;

(b) The eligible student pays the fee set forth in § 1703.

1701.5 Metrorail student travel passes described in § 1703.2 may be purchased from sales outlets of the Washington Metropolitan Area Transit Authority (WMATA), an electronic sales outlet, or other sales outlets designated by the Director of the Department of Transportation.

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1701

18 DCMR § 1702 METROBUS AND DC CIRCULATOR STUDENT TRAVEL PRIVILEGES

1702.1 A student with a Student Rider Card shall not be charged a fare on the Metrobus Transit System or the DC Circulator Transit System when taking an eligible student trip.

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1702

18 DCMR § 1703 METRORAIL STUDENT TRAVEL PRIVILEGES

1703.1 An eligible student, as described in §§ 1700.1 and 1701.4(a), may purchase Metrorail student travel privileges, which shall be added to his or her Student Rider Card.

1703.2 The two (2) types of Metrorail student travel passes that may be purchased are:

(a) A monthly student transit pass, which shall cost thirty dollars ($30), and which shall allow the student to take an unlimited number of eligible student trips during the period the pass is valid; and

(b) A ten (10) trip pass, which shall cost nine dollars and fifty cents ($9.50), and which shall allow the student to take ten (10) eligible student trips.

1703.3 Fares listed in § 1703.2 shall be modified by the same percentage as future WMATA fare increases or decreases, rounded to the nearest ten cents ($0.10).

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1703

18 DCMR § 1704 PROHIBITED USES

1704.1 An eligible student shall not use his or her Student Rider Card on the Metrorail, Metrobus, or DC Circulator Transit Systems for any trip that is not an eligible student trip. Students traveling during restricted periods shall be subject to the full fare.

1704.2 An eligible student shall not allow another person to use his or her Student Rider Card for any trip on the Metrorail, Metrobus, or DC Circulator Transit Systems, even if the other person is an eligible student.

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1704

18 DCMR § 1799 DEFINITIONS

1799.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Eligible student trip – travel by an eligible student: (1) to or from his or her school or a recognized school-related educational activity on a school day between the hours of 5:30 a.m. and 9:00 a.m. and 2:00 p.m. and 8:00 p.m. within the regular or summer calendar school year; and (2) on a Saturday, Sunday, or holiday, or during a vacation period, when the travel is to or from a recognized school-related educational activity in the District.

Student Rider Card - a fare card provided to eligible persons, as defined in § 1700.1 and § 1701.4(a), that grants the user access to student travel privileges on Metrorail, Metrobus, or DC Circulator Transit Systems within the District of Columbia. The Student Rider Card may include but is not limited to the DC One Card or its successor.

Student travel privileges – privileges provided to eligible persons, as defined in § 1700.1 and § 1701.4(a), that grants the user access to reduced or other defined fares for eligible student travel as determined by the School Transit Subsidy Act of 1978, effective March 6, 1979 (D.C. Law 2-152; D.C. Official Code §§ 35-231 et seq.).

History

SOURCE: Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 1799

18-20 TRAFFIC REGULATIONS: APPLICABILITY AND ENFORCEMENT

18 DCMR § 2000 OBEDIENCE TO TRAFFIC REGULATIONS

2000.1 It is unlawful for any person to do any act forbidden or fail to perform any act required in this subtitle.

2000.2 No person shall fail or refuse to comply with any lawful order or direction of any police officer, police cadet, or civilian crossing guard invested by law with authority to direct, control, or regulate traffic. This section shall apply to pedestrians and to the operators of vehicles.

2000.3 The owner of a vehicle shall be presumed to be the operator when any violations of these regulations may occur, unless he or she proves to the contrary.

2000.4 The driver of any vehicle shall obey the instructions of any official traffic control device applicable to the vehicle which has been placed in accordance with the provisions of this subtitle, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

2000.5 No provision of this subtitle for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

2000.6 Whenever a particular section does not state that signs are required, that section shall be effective even though no signs are erected or in place.

2000.7 Each person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this subtitle, except those provisions of this subtitle which by their very nature can have no application.

2000.8 Nothing in this subtitle shall be construed as repealing, annulling, or in any way superseding outstanding regulations or orders of the Public Service Commission or the Joint Board relating to common carriers.

2000.9 Any person violating any of the provisions of this subtitle for which a penalty is not specifically provided shall, upon determination of liability therefor, be subject to a civil fine or other sanction(s) pursuant to the District of Columbia Traffic Adjudication Act.

2000.10 Any person who fails to comply with the requirements of this section shall, upon conviction, be fined not less than one hundred dollars ($ 100) nor more than one thousand dollars ($ 1,000).

2000.11 The collateral to be paid for release prior to, a hearing for a charge based upon a violation of subsection 2000.2 shall be one-hundred dollars ($ 100) for a first offense, five-hundred dollars ($ 500) for a second offense committed within the past twelve (12) months, and one-thousand dollars ($ 1000) for a third offense and each subsequent offense committed within the past twelve (12) months.

2000.12 For purposes of calculating multiple offenses under subsection 2000.11, violations shall be counted that occurred before the effective date of the Collateral Reform Emergency Amendment Act of 1996.

2000.13 Collateral may be posted and forfeited for a violation of subsection 2000.2, but the Corporation Counsel may, at the time of application for a warrant, petition a judge presiding in the Superior Court of the District of Columbia ex parte, to set bond and abrogate the privileges of the violator to forfeit collateral.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 6 of the District of Columbia Traffic Act of 1925, approved March 2, 1925, 43 Stat. 1119, 1121 (D.C. Code § 40-701, et seq.); and §412 of the District of Columbia Self-Government and Governmental Reorganization Act as amended 87 Stat. 790, Pub.L. No.93-198, D.C. Code §1 - 227(a).
SOURCE: Commissioners’ Order 274,310/949 effective September 1, 1949, 17 DCRR §§ 2, 3, 7, 10 (October 19, 1970); as amended by §602(e) of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275, 1375 (August11, 1978); by §3 of the Traffic Act Amendments Act of 1981, D.C. Law 4-36, 28 DCR 3383, 3384 (July 31, 1981); by §5 of the Safe Streets Anti-Prostitution Amendment Act of 1996, D.C. Law 11-130,43 DCR 1570, 1571 (March 29, 1996); and by §2 of the Collateral Reform Temporary Amendment Act of 1996, D.C. Act 11-506, 44 DCR 1223 (March 7, 1997); as amended by D.C. Act 12-257 published at 45 DCR 1226(March 6, 1998).

18 DCMR § 2001 APPLICABILITY OF REGULATIONS TO PUBLIC OFFICERS AND EMPLOYEES

2001.1 The provisions of this subtitle which are applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, the District of Columbia or any state, county, city, town, district, or any other political subdivision of any state, except as provided in this section, and subject to the specific exceptions as are set forth in this subtitle reference to authorized emergency vehicles.

2001.2 The provisions of this subtitle shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway, but shall apply to these persons and vehicles when traveling to or from such work.

History

SOURCE: Commissioners’ Order 274,310/949 effective September 1, 1949; 17 DCRR §5 (October 19, 1970).

18 DCMR § 2002 EXEMPTIONS FOR AUTHORIZED EMERGENCY VEHICLES

2002.1 The driver of an authorized emergency vehicle may exercise the privileges set forth in this section, subject to the conditions contained in this section, in the following circumstances:

(a) When responding to an emergency call;

(b) When in pursuit of an actual or suspected violator of the law; and

2002.2 In those circumstances authorized in § 2002.1, the driver of an authorized emergency vehicle may do any of the following:

(a) Park or stand, irrespective of the provisions of this subtitle;

(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(c) Exceed the prima facie speed limit so long as it does not endanger life or property; except that this provision does not apply to ambulances; and

(d) Disregard regulations governing direction of movement or turning in specified directions.

2002.3 The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of the vehicle while in motion sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped as specified in § 712 of this title.

2002.4 The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others.

History

SOURCE: Commissioners’ Order 274,310/949 effective September 1, 1949; as amended by Commissioners’ Order 57-1086 effective June 11 1957; and by Commissioners’ Order64-714 effective May 12, 1964; 17 DCRR §6 (October 19, 1970).

18-21 TRAFFIC SIGNS, SIGNALS, SYMBOLS, AND DEVICES

18 DCMR § 2100 STANDARDS FOR PLACEMENT OF TRAFFIC CONTROL DEVICES, SIGNS, AND PAVEMENT MARKINGS

2100.1 The Director of the District Department of Transportation (Director) shall place and maintain such traffic control devices upon all streets and highways as the Director shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

2100.2 The District of Columbia adopts the Federal Highway Administration's Manual on Uniform Traffic Control Devices (2003 ed., rev. 1 Nov. 2004) (MUTCD), and all subsequent editions thereof , as the official standard for traffic signs, traffic signals, pavement markings, and traffic control devices in the District of Columbia, with the following exceptions:

(a) The centerline pavement markings on Pennsylvania Avenue, N.W., between 3rd Street, N.W., and 15th Street, N.W., shall be white rather than yellow as required by Chapter 3B, Section 3B.01 of the MUTCD.

(b) The countdown display on pedestrian crossing signals shall operate for the duration of the "WALK" interval for pre-timed traffic signals rather than operate only during the "DON'T WALK" interval as required by Chapter 4E, Section 4E.07 of the MUTCD.

(c) Lane control signs installed prior to January 1, 2008, shall be mounted along the side of the roadway rather than over the centerline of the controlled lane as required by Chapter 4J, Section 4J.03 of the MUTCD.

2100.3 Temporary traffic control measures, as published in the District of Columbia Work Zone Manual, shall conform to the standards set by Part 6 of the MUTCD. The Director may adopt additional temporary traffic control measures that are relevant to the unique traffic conditions of the District of Columbia.

2100.4 The most recent edition of the MUTCD and the District of Columbia Work Zone Manual may be reviewed at the offices of the District Department of Transportation, 2000 14th Street, N.W., 7th Floor, Washington, D.C. 20009. Copies may also be obtained, upon request, from the Director upon payment of a reasonable copying fee to be determined by the Director. The most recent edition of the MUTCD may also be found on the District Department of Transportation website: http://www.ddot.dc.gov.

History

SOURCE: Final Rulemaking published at 55 DCR 5277(May 2, 2008).

18 DCMR § 2101 INTERFERENCE WITH TRAFFIC CONTROL DEVICES

2101.1 No person shall without lawful authority alter, deface, injure, knock down, remove, or attempt to do any of the foregoing acts to any official traffic control device, or any railroad sign or signal, including any inscription, shield, insignia, or other part thereof.

18 DCMR § 2102 UNAUTHORIZED TRAFFIC CONTROL DEVICES, MARKINGS, AND SIGNS

2102.1 No person or authority shall place or maintain any traffic control device upon any street or highway within the District except by permission of the Director of the Department of Public Works.

2102.2 No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be, is an imitation of, or resembles an official traffic control device or railroad sign or signal; or which attempts to direct the movement of traffic; or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

2102.3 No person shall place or maintain, nor shall any public authority permit, upon any highway any traffic sign or signal bearing any commercial advertising.

2102.4 The provisions of this section shall not be considered to prohibit the erection upon private property adjacent to highways of signs giving useful directional information which are of a type that cannot be mistaken for official signs.

2102.5 Each prohibited sign, signal, marking, or device is hereby declared to be a public nuisance and the authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice.

18 DCMR § 2103 TRAFFIC CONTROL SIGNALS: VEHICLES

2103.1 Whenever traffic is controlled by traffic control signals exhibiting the words “GO,” “CAUTION,” or “STOP,” or exhibiting different colored lights, arrows, or combinations of lights and arrows successively one at a time, only those colors set forth in this section shall be used, and the terms and lights shall indicate and apply to drivers of vehicles as set forth in this section.

2103.2 In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable, except those provisions which, by their nature, could have no application.

2103.3 The color GREEN alone or the word “GO” on a traffic control signal shall have the following meaning:

(a) Vehicular traffic facing the GREEN or “GO” signal, except when prohibited under § 2211.4, may proceed straight through or turn right or left unless a sign at such place prohibits a turn in either direction or both directions; and

(b) Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the GREEN or “GO” signal is exhibited.

2103.4 A GREEN ARROW shall have the following meaning:

(a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by the arrow; and

(b) Vehicles shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

2103.5 A STEADY YELLOWSIGNAL alone shall have the following meaning:

(a) Vehicular traffic facing a steady yellow signal is thereby warned that a related green signal is being terminated or that a red signal will be exhibited thereafter, or both; and

(b) Vehicular traffic shall stop before entering the nearest crosswalk of the intersection, unless so close to the intersection that a stop cannot safely be made.

2103.6 A STEADY YELLOWARROW shall have the following meaning:

(a) Vehicular traffic facing the signal is warned that vehicular movement in the direction that the arrow is pointing is about to be terminated by means of a steady full red, a steady red arrow, or simply by the green arrow being turned off; and

(b) Vehicular traffic shall stop before entering the nearest crosswalk at the intersection, unless so close to the intersection that a stop cannot be made in safety.

2103.7 A STEADY RED SIGNAL alone or the word “STOP” shall have the following meaning:

(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection;

(b) Stopped vehicles shall remain standing until green, green arrow, or flashing yellow is shown, except as provided in paragraph (c) of this subsection; and

(c) A vehicle facing a steady red signal may cautiously enter the intersection to turn right after stopping. The vehicle shall yield right-of-way to pedestrians within an adjacent crosswalk and to other traffic lawfully using the intersection.

2103.8 A STEADY RED ARROW shall have the following meaning:

(a) Vehicular traffic facing the signal destined to proceed in the direction that the arrow is pointing shall stop before entering the crosswalk on the near side of the intersection or, if none, the vehicle shall stop before entering the intersection; and

(b) The vehicle shall remain standing until a green arrow or flashing yellow arrow is shown.

2103.9 Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made; Provided, that in the absence of any sign or marking, the stop shall be made at the signal.

18 DCMR § 2104 FLASHING RED AND YELLOW SIGNALS: VEHICLES

2104.1 Whenever flashing red, yellow, or yellow arrow signals are used they shall require obedience by vehicular traffic as set forth in this section.

2104.2 When a RED lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a “STOP” sign.

2104.3 When a YELLOW lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

2104.4 When a YELLOW ARROW is illuminated with rapid intermittent flashes, vehicular traffic facing such indication may cautiously enter the intersection to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians within a crosswalk, and to any vehicle lawfully in the intersection or approaching on another highway so closely as to constitute an immediate hazard.

2104.5 After a driver has yielded at a flashing yellow arrow in accordance with § 2104.4, the driver may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding; Provided, that if the driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after making the movement indicated by a flashing yellow arrow without stopping, such collision shall be deemed prima facie evidence of failure to yield right-of-way.

18 DCMR § 2105 TRAFFIC CONTROL SIGNALS: STREETCARS

2105.1 At any point at which a special traffic signal has been erected to control the movement of vehicles turning left across a streetcar track, no streetcar shall proceed straight ahead or turn to the right during the time when the traffic signal shows a left-turn indication.

2105.2 At any point where a special traffic signal has been erected to control the movement of vehicles turning right, no streetcar shall turn to the right while the traffic signal shows an indication for a straight through movement or a full green indication.

18 DCMR § 2106 LANE-USE CONTROL SIGNALS

2106.1 The meanings of lane use control signals and the requirements for obedience to such signals are set forth in this section.

2106.2 A steady DOWNWARD GREEN ARROW means that a driver is permitted to drive in the lane over which the arrow signal is located.

2106.3 A steady YELLOW X means that a driver should prepare to vacate, in a safe manner, the lane over which the signal is located because a lane control change is being made, and to avoid occupying that lane when a steady RED X is displayed.

2106.4 A flashing YELLOW X means that a driver is permitted to use a lane over which the signal is located for a left turn, using proper caution.

2106.5 A steady RED X means that a driver shall not drive in the lane over which the signal is located. This indication shall modify the meaning of all other traffic controls present accordingly.

2106.6 When lane-use control signals are in use, drivers shall obey all other traffic controls and follow normal safe driving practices.

18-22 MOVING VIOLATIONS

18 DCMR § 2200 SPEED RESTRICTIONS

2200.1 Except when a special hazard exists that requires lower speed for compliance with this section, the limits specified in this section, or established as authorized in § 2200.2, shall be the maximum lawful speeds, and no person shall drive a vehicle on a street or highway at a speed in excess of such maximum limits.

2200.2 Whenever the Mayor determines, upon the basis of an engineering and traffic investigation made by the Director, that any speed limit set forth in this section is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, he or she may determine and declare a reasonable and safe speed limit which shall be effective at all times, during the hours of daylight or darkness, or at such other times as may be determined when appropriate signs giving notice of the speed limits are erected at such intersections or other place or part of the highway.

2200.3 No person shall drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

2200.4 In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street or highway in compliance with legal requirements and the duty of all persons to use due care.

2200.5 The driver of every vehicle shall, consistent with requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing; when approaching and going around a curve; when approaching a hill crest; when traveling upon any narrow or winding roadway; and when special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions.

2200.6 On all streets and highways, unless otherwise designated in accordance with § 2200.2, the maximum lawful speed shall be twenty miles per hour (20 mph).

2200.7 In all alleys, the maximum lawful speed shall be fifteen miles per hour (15 mph).

2200.8 School zones shall have a speed limit of fifteen miles per hour (15 mph) between the hours of 6:00 a.m. and 7:00 p.m., unless otherwise indicated by official signage.

2200.9 On roadways adjacent to a playground, recreational facility, health care facility, pool, athletic field, or senior center designated by official signs, the maximum lawful speed shall be fifteen miles per hour (15 mph) when designated by an official sign at the times indicated on the official sign.

2200.10 No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or to be in compliance with the law.

2200.11 Any individual violating any provision of this section, except where the offense constitutes reckless driving or a specific penalty is provided for the offense, shall, upon determination of liability therefore, be subject to a civil fine pursuant to the District of Columbia Traffic Adjudication Act.

2200.12 Any individual who shall drive a vehicle on a roadway or highway at a speed greater than thirty miles per hour (30 mph) in excess of the legal speed limit for such roadway or highway shall, upon conviction, be fined not more than the amount set forth in the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or imprisoned not more than ninety (90) days, or both, provided that if the vehicle is detected through the use of an automated traffic enforcement system of traveling at a speed greater than thirty miles per hour (30 mph) in excess of the legal speed limit, the owner shall be liable for the fine established in Section 2600 of this title.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; 17 DCRR §§ 71-75 (October 19, 1970); as amended by § 602(a) of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; 25 DCR 1275, 1318 (August 11, 1978)); as amended by Final Rulemaking published at 28 DCR 297 (January 16. 1981); as amended by the Bicyclist Responsibility Regulation Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-178; 43 DCR 4240 (August 9, 1996); as amended by Final Rulemaking 66 DCR 00056 (January 4, 2019); as amended by Final Rulemaking published at 67 DCR 11238 (September 25, 2020); as amended by Final Rulemaking published at 68 DCR 1900 (February 12, 2021); as amended by Final Rulemaking published at 72 DCR 001689 (February 21, 2025). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2200

18 DCMR § 2201 DRIVING ON THE RIGHT SIDE OF THE ROADWAY: PROPER USE OF THE ROADWAY

2201.1 Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction under this section governing such movement;

(b) When an obstruction exists making it necessary to drive to the left of the center of the roadway; Provided, that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard;

(d) Upon a roadway divided into three (3) marked lanes for traffic under the applicable rules.

2201.2 Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand plane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road, driveway, or alley.

2201.3 Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway, as nearly as possible.

2201.4 Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

2201.5 A vehicle passing around a rotary traffic island shall be driven only to the right of the island: Provided, that this subsection shall not apply to apparatus engaged in snow removal and control.

2201.6 Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all other rules consistent with this subtitle shall apply:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that such movement can be made with safety;

(b) Upon a roadway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when:

(1) Overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance;

(2) In preparation for making or completing a turn; or

(3) Where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by official traffic control devices;

(c) Official traffic control devices may be installed directing specified traffic to use a designated lane or designating the lane to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of the device; and

(d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadways, and drivers of vehicles shall obey the directions of the device.

2201.7 Whenever any highway has been divided into two (2) or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed or permitted to use another roadway by official traffic control devices or police officer.

2201.8 No vehicle shall be driven over, across or within any dividing space, barrier or section, except through an opening in the physical barrier or dividing section or space or at a crossover or intersection or an unraised, paved dividing section with pavement markings only, unless otherwise directed by official traffic control devices.

2201.9 The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the roadway.

2201.10 The driver of any motor vehicle drawing another vehicle when traveling upon a roadway which is following another motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space in front of the drawing vehicle without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

2201.11 No driver shall enter an intersection or marked crosswalk, unless the movement can be made such that the vehicle can completely clear the intersection without obstructing the passage of other vehicles or pedestrians, notwithstanding any official traffic control device indication to proceed. A vehicle shall not enter an intersection to turn right or left unless there is sufficient space on the roadway being entered to accommodate the vehicle.

2201.12 No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by the Director.

2201.13 The Director may regulate or prohibit the use of any controlled-access roadway or highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.

2201.14 The Director shall erect and maintain official traffic control devices on the controlled access highway on which such prohibitions are applicable and, when in place, no person shall disobey restrictions on such devices.

History

SOURCE: Final Rulemaking published at 42 DCR 3064 (June 16, 1995).

18 DCMR § 2202 OVERTAKING AND PASSING

2202.1 The rules set forth in this section shall govern the overtaking and passing of vehicles proceeding in the same direction.

2202.2 The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

2202.3 No vehicle shall at any time be driven to the left side of the roadway under the following conditions; Provided, that these restrictions shall not apply to driving on a one-way roadway:

(a) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard if another vehicle approaches from the opposite direction;

(b) When approaching within one hundred feet (100 ft.) of or while traversing any intersection or railroad grade crossing;

(d) On the approach roadway within one hundred feet (100 ft.) of any bridge, viaduct, or tunnel.

2202.4 Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

2202.5 The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn;

(b) On a street or highway with unobstructed pavement not occupied by parked vehicles and of sufficient width for two (2) or more lines of moving vehicles in each direction; and

(c) On a one-way street or upon any roadway upon which traffic is restricted to one direction of movement; where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.

2202.6 The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall the passing movement be made by driving off the pavement or main-traveled portion of the roadway.

2202.7 No vehicle shall be driven to the left side of the center of the roadway while overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

2202.8 In every event, an overtaking vehicle must return to the right hand side of the roadway before coming within one hundred feet (100 ft.) of any vehicle approaching from the opposite direction.

2202.9 On any street where official traffic control devices have been erected giving notice that bicycles are entitled to the use of the full right-hand lane then available for moving traffic, the driver of a motor vehicle shall not drive within that right hand lane while overtaking or passing a bicycle being driven in that lane, and after overtaking or passing, shall not drive into that right-hand lane until safely clear of the overtaken bicycle.

2202.10 A person driving a motor vehicle shall exercise due care by leaving a safe distance, but in no case less than 3 feet, when overtaking and passing a bicycle.

History

SOURCE: Commissioners’ Order 274, 310/949 effective September 1, 1949, 17 DCRR § 27, 28, 29 (October 19, 1970); as amended by Final Rulemaking published at 24 DCR 8653 (April 7, 1978); as amended by Final Rulemaking published at 56 DCR 1115 (February 6, 2009).

18 DCMR § 2203 TURNING AT INTERSECTIONS

2203.1 The driver of a vehicle intending to turn at an intersection shall do so as set forth in this section, unless a different method of turning is directed by signs, signals or markings at the intersection.

2203.2 Where a specific method of turning at an intersection is indicated by signs, signals or markings, turns shall be made in accordance with the directions of those signs, signals or markings.

2203.3 Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge or the roadway.

2203.4 Approach for a left turn from a two-way street into a two-way street shall be made in that portion of the right half of the roadway nearest the center line of the roadway, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.

2203.5 Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line of the roadway and by passing to the right of the center line where it enters the intersection.

2203.6 Approach for a left turn from a one-way street into a two-way street shall be made in that portion of the roadway as close as practicable to the left-hand curb or edge of the roadway. After entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway be engendered.

2203.7 Where both streets or roadways are one-way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.

2203.8 No left turn shall be made from a “service” roadway; Provided, that a vehicle turning from “service” roadway into a “through” roadway so as to proceed in the same general direction shall not be considered to be making a left turn.

2203.9 At intersections where “cut-off” roadways have been provided to facilitate a right turn, all vehicles emerging from such “cut-off” roadways shall turn to the right.

2203.10 On streets designated under this subtitle as UNBALANCED TRAFFIC LANES, and during the hours provided in the applicable section for such streets, the word “centerline” as used in this section, shall mean the line between the two (2) directions of flow on such streets during the designated hours.

2203.11 No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway, as required in this section.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; 17 DCRR § 36 (October 19, 1970); as amended by Commissioners' Order 59-2276, effective December 8, 1959; as amended by Final Rulemaking published at 63 DCR 5734 (April 15, 2016). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2203

18 DCMR § 2204 TURNING REQUIREMENTS AND RESTRICTIONS

2204.1 No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500 ft.).

2204.2 No person shall turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.

2204.3 No person shall turn any vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway without giving an appropriate signal in the manner provided in this chapter if any other traffic may be affected by the movement.

2204.4 A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet (100 ft.) traveled by the vehicle before turning.

2204.5 When authorized markers, buttons, or other indications are placed within or between intersections indicating the course to be traveled by vehicles, no driver of a vehicle shall disobey the directions of the indications.

2204.6 Whenever authorized signs are erected indicating that “NO RIGHT TURN” or “NO LEFT TURN” or “NO U-TURN” is permitted, no driver of a vehicle shall disobey the directions of any such sign.

2204.7 No vehicle shall make a U-turn so as to proceed in the opposite direction at any intersection controlled by traffic lights or police officer, or on a crosswalk adjacent to such an intersection, provided that U-turns are allowed at intersections as specified in Subsection 2203.2 of this chapter.

2204.8 The driver of any vehicle shall not turn a vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.

2204.9 The provisions of this section shall not apply to streetcars.

2204.10 No vehicle shall make a U-turn so as to proceed in the opposite direction across a bicycle lane.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; 17 DCRR § 39(a), (b) 42 - 45 (October 19, 1970); as amended by Final Rulemaking published at 60 DCR 5629 (April 12, 2013); as amended by Final Rulemaking published at 63 DCR 5734 (April 15, 2016). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2204

18 DCMR § 2205 PROPER SIGNALS FOR TURNING AND STOPPING

2205.1 Required stop or turn signals shall be given by using the hand and arm, by a signal lamp or lamps, or by means of a mechanical signal device, except as otherwise provided in this section.

2205.2 Any motor vehicle in use on a highway shall be equipped with signal lamp(s) or mechanical signal device when required by chapter 6 of this title. If a any motor vehicle is required to be equipped with a signal lamp(s) or mechanical signal devices, the required signal shall be given by means of lamps or devices.

2205.3 [Deleted] D.C. Law 1-110, 23 DCR 4954 (January 21, 1977)

2205.4 All signals required by this chapter to be given by hand-and-arm shall be given from the left side of the vehicle in the following manner and the signals shall indicate as follows:

(a) LEFT TURN: Hand and arm extended horizontally;

(b) RIGHT TURN: Hand and arm extended upward; and

History

SOURCE: Commissioners' Order274, 310/949 effective September 1, 1949, 17 DCRR § 40, 41 (October19, 1970); as amended by § 8(b) of the District of Columbia Motorized Bicycle Act, D.C. Law 1-110, 23 DCR 4954 (January 21, 1977).

18 DCMR § 2206 STARTING, STOPPING, AND BACKING

2206.1 No person shall start a vehicle which is stopped, standing, or parked unless and until the movement can be made with reasonable safety.

2206.2 No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

2206.3 The driver of a vehicle shall not back the vehicle unless the backing movement can be made with reasonable safety and without interfering with other traffic.

History

SOURCE: Commissioners' Order 274, 310/949 effective September 1, 1949, 17 DCRR § 38, 39, 109 (October19, 1970); as amended by Commissioners' Order 59-315 effective March 3, 1959).

18 DCMR § 2207 RIGHT-OF-WAY: BETWEEN INTERSECTIONS

2207.1 The driver of a vehicle emerging from an alley, building, private road, or driveway shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, private road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic.

2207.2 The driver of a vehicle crossing a sidewalk or sidewalk area shall yield the right-of-way to any pedestrian and all other traffic using the sidewalk or sidewalk area

2207.3 The driver of a vehicle about to enter for cross a roadway from an alley or from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

2207.4 The driver of a vehicle intending to leave a public roadway by turning left between intersections shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.

2207.5 Motor vehicle operators approaching from the rear or approaching from the lane adjacent to a transit bus shall yield the right-of-way to the transit bus when the transit bus signals its intention to re-enter traffic. This section does not relieve an operator of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.

History

SOURCE: Final Rulemaking published at 41 DCR 772 (February 11, 1994); as amended by Final Rulemaking 66 DCR 00056 (January 4, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2207

18 DCMR § 2208 RIGHT-OF-WAY: INTERSECTIONS

2208.1 When two (2) vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

2208.2 The driver of a vehicle intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.

2208.3 Except when directed to proceed by a police officer, a police cadet or an official traffic control device, every driver of a vehicle approaching a STOP sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if no crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersecting roadway.

2208.4 After having stopped for a stop sign, the driver shall yield the right-of-way to any traffic in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection or junction of roadways. The driver shall yield the right-of-way to pedestrians.

2208.5 The driver of a vehicle approaching a YIELD sign shall in obedience to the sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if no crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersecting roadway.

2208.6 After slowing or stopping for a yield sign, the driver of a vehicle shall yield the right-of-way to any traffic in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. The driver shall yield the right-of-way to pedestrians; Provided, that if the driver is involved in a collision with a vehicle in the intersection or with a pedestrian, after driving past a YIELD sign without stopping, the collision shall be considered prima facie evidence of failure to yield the right-of-way.

2208.7 The driver of a vehicle approaching a traffic circle shall yield the right-of-way to traffic already within the circle unless official traffic control devices indicate otherwise.

2208.8 The driver of a vehicle entering a freeway by way of an access ramp shall yield the right-of-way to traffic on the freeway.

2208.9 The presence of an appropriate official sign underneath an official STOP sign may permit a vehicle to turn right without stopping.

2208.10 The right-of-way rules set forth in §§ 2208.1 and 2208.2 shall be modified at through highways and otherwise as stated in §§ 2207 through 2210 and 2103.

2208.11 A driver of any vehicle shall stop and give the right-of-way to a pedestrian who has begun crossing on the "WALK" signal to continue to the opposite sidewalk or safety island, whichever is nearest.

2208.12 When official traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and give the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or unmarked crosswalk at an intersection.

History

SOURCE: Final Rulemaking published at 40 DCR 5681 (August 6, 1993); as Final Rulemaking published at 55 DCR 11015 (October 24, 2008).

18 DCMR § 2209 RIGHT-OF-WAY: SCHOOL BUSES AND MULTI-PURPOSE SCHOOL VEHICLES

2209.1 The driver of a vehicle approaching from any direction a school bus or a multi-purpose school vehicle on which a warning light is flashing or a stop signal arm is actuated, shall bring the vehicle to a complete stop not less than fifteen feet (15 ft.) from the school bus or multi-purpose school vehicle; provided, that this requirement shall not apply to a driver approaching a school bus or multi-purpose school vehicle from the opposite direction on a street with a median strip divider.

2209.2 A driver who has stopped for a school bus or multi-purpose school vehicle in accordance with this section shall not proceed until the warning lights are no longer flashing and the stop signal arm is no longer actuated.

History

SOURCE: Commissioners' Order 274,310/949 effective September 1, 1949, 17 DCRR 50.1 (October 19, 1970); as amended by Regulation No. 70-35 effective July 16, 1970 (October 19, 1970); as amended by Final Rulemaking published at 60 DCR 10071 (July 12, 2013).

18 DCMR § 2210 EMERGENCY VEHICLES AND APPARATUS; TRAFFIC INCIDENTS

2210.1 Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this title, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

2210.2 Upon the approach of an authorized emergency vehicle, the operator of a streetcar shall immediately stop the car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

2210.3 This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

2210.4 The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500 ft.) or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

2210.5 No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, or streetcar track to be used at any fire or alarm of fire without the consent of a police or fire department official.

2210.6 Upon approaching a collision or mechanical breakdown, every operator shall proceed with due caution, reduce speed as appropriate for road conditions, and, as soon as it is safe to do so, vacate any lane wholly or partially blocked.

2210.7 Upon approaching a stationary authorized emergency vehicle making use of audible or visual signals, an operator who drives an approaching vehicle proceeding in the same direction as the authorized emergency vehicle shall (unless directed otherwise by an authorized official directing traffic):

If on a roadway having at least two (2) lanes of travel in the direction of the approaching vehicle, make a lane change into a lane not adjacent to that of the authorized emergency vehicle, if the operator can do so safely and if traffic conditions permit, and in all events proceed with due caution, until safely past the authorized emergency vehicle; or

If on a roadway with one (1) lane of travel in the direction of the approaching vehicle, proceed with due caution, maintaining a safe speed for road conditions, until safely past the authorized emergency vehicle.

2210.8 Notwithstanding Subsections 2210.6 and 2210.7, when at or approaching a collision, mechanical breakdown, or a stationary authorized emergency vehicle making use of audible or visual signals, every operator shall obey the directions of any authorized official directing traffic.

History

SOURCE: Commissioners' Order 274, 310/949 effective September 1, 1949, 17 DCRR § 50, 101,102 (October19, 1970); as amended by Final Rulemaking 66 DCR 00056 (January 4, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2210

18 DCMR § 2211 STREETCARS, RAILROAD TRAINS, AND SAFETY ZONES

2211.1 The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any streetcar proceeding in the same direction, whether the streetcar is actually in motion or temporarily at rest, except in the following instances:

(a) When directed to do so by a police officer;

(b) When driving on a one-way street; or

2211.2 The driver of any vehicle when permitted to overtake and pass to the left of a streetcar which has stopped for the purpose of receiving or discharging any passenger shall reduce speed, shall yield the right-of-way to pedestrians in accordance with this subtitle, and may proceed only upon exercising due caution for pedestrians.

2211.3 The driver of any vehicle proceeding upon any streetcar tracks in front of a streetcar on a street, shall remove the vehicle from the track as soon as practicable after signal from the operator of the streetcar.

2211.4 The driver of a vehicle overtaking on the right of any streetcar stopped or about to stop for the purpose of receiving or discharging any passenger shall stop the vehicle at least five feet (5 ft.) to the rear of the door of the streetcar and remain standing until all passengers have boarded the car or, upon a lighting, have reached a place of safety.

2211.5 Notwithstanding the requirements of § 2211.4, where a safety zone has been established, a vehicle need not be brought to a stop before passing any such safety zone, whether occupied by a streetcar or not, but must proceed at a speed no greater than is reasonable and proper and with due caution for the safety of pedestrians.

2211.6 No vehicle shall at any time be driven through or within a safety zone.

2211.7 It shall be unlawful for the directing officer or operator of any railroad train or streetcar to direct the operation of or to operate the train or streetcar in such a manner as to prevent the use of any street for purposes of travel for a period of longer than five (5) minutes; Provided, that this subsection shall not apply to trains or cars in motion, other than those engaged in switching.

2211.8 It shall be unlawful for any streetcar to stop within an intersection or a crosswalk for the purpose of receiving or discharging passengers.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949, 17 DCRR §§ 71-75 (October 19, 1970); as amended by Commissioners' Order 57-1086, effective June 11, 1957); as amended by Final Rulemaking published at 61 DCR 12286 (November 28, 2014). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2211

18 DCMR § 2212 COASTING

2212.1 The driver of any motor vehicle when traveling upon a down grade shall not coast, with the gears of the vehicle in neutral.

2212.2 The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.

History

SOURCE: Commissioners' Order 274,310/949 effective September 1, 1949, 17 DCRR § 100 (October 19, 1970).

18 DCMR § 2213 OBSTRUCTION OF DRIVER’S VIEW OR DRIVING MECHANISM: IMPROPER RIDING

2213.1 No person shall drive a vehicle with any object in any position that obstructs a significant portion of the view of the driver to the front or sides of the vehicle, or interferes with the driver’s control over the driving mechanism of the vehicle.

2213.2 No person shall drive a vehicle with more than three (3) persons in the front seat when such occupancy obstructs the view of the driver to the front or sides of the vehicle or interferes with the driver's control over the driving mechanism of the vehicle.

2213.3 No passenger in a vehicle or streetcar shall ride in such position as to interfere with the driver's or operator’s view ahead or to the sides, or to interfere with control over the driving mechanism of the vehicle or streetcar.

2213.4 An operator shall, when operating a vehicle, give full time and attention to the operation of the vehicle.

2213.5 No driver of any motor vehicle in motion shall permit any person or persons to stand on the running board and no person shall ride on the running board when the vehicle is in motion.

2213.6 No person shall ride on any portion of any vehicle which is not designed or intended for the use of passengers, and no driver of a vehicle shall permit such riding. This provision shall not apply to an employee engaged in the necessary discharge of his or her duty or to persons riding within truck bodies in space intended for materials.

2213.7 [REPEALED].

2213.8 [REPEALED].

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as published at 17 DCRR §§ 99, 111 (October 19, 1970); as amended by Commissioners' Order 58-1006, effective June 24, 1958; as amended by the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-0125; 63 DCR 4674 (April 1, 2016)); as amended by the Public Safety Technical Amendments Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-0160; 63 DCR 10775 (August 28, 2016)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2213

18 DCMR § 2214 ENTERING AND LEAVING A VEHICLE: VEHICLE DOORS

2214.1 No person shall board or alight from a vehicle while the vehicle is in motion.

2214.2 No driver shall permit any person to board or alight from the vehicle he or she is driving while the vehicle is in motion.

2214.3 No motor vehicle shall be operated with any front door(s), sidedoor(s), or rear door(s) tied open or swinging.

2214.4 No person shall open any door of a vehicle unless it is reasonably safe to do so and can be done without interfering with moving traffic, bicyclists, or pedestrians and with safety to such person and passengers. No person shall leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to receive or discharge passengers.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; 17 DCRR §§ 71-75 (October 19, 1970); as amended by the Bicyclist Responsibility Regulation Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-178; 43 DCR 4240 (August 9, 1996)); as amended by the Bicycle and Pedestrian Safety Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-0155; 63 DCR 10143 (August 5, 2016)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2214

18 DCMR § 2215 RIDING ON MOTORCYCLES AND MOTOR-DRIVEN CYCLES AND RIDING IN AUTOCYCLES

2215.1 A person operating a motorcycle or motor-driven cycle shall ride only upon the permanent and regular seat attached, and the operator shall not carry any other person nor shall any other person ride on a motorcycle or motor-driven cycle unless the motorcycle or motor-driven cycle is designed to carry more than one person.

2215.2 If a motorcycle or motor-driven cycle is equipped to carry more than one (1) person, the passenger may ride upon the permanent, regular seat if designed for two (2) persons, upon another seat firmly attached in a position to the rear or side of the motorcycle or motor-driven cycle and provided with foot rests and handgrips, or in a side car attached to the motorcycle.

2215.3 No person shall operate or ride upon a motorcycle or motor-driven cycle unless wearing a protective helmet in the manner for which the helmet was designed and of a type approved by the Director. [See Chapter 7]

2215.4 No person shall operate a motorcycle unless he or she wears goggles or a face shield of a type approved by the Director. [See Chapter 7]

2215.5 The provisions of § 2215.4 shall not apply to an operator of a motorcycle equipped with a wind screen or shield of a type approved by the Director in accordance with Chapter 7, nor shall it apply to an operator of a motorcycle who wears spectacles with safety glass lenses during the operation.

2215.6 The provisions of the Point System Regulations for the District of Columbia, shall not be applicable to violations of this section.

2215.7 Autocycle operators or passengers shall not be required to wear a protective helmet, goggles, or a face shield if the autocycle has a non-removable roof and windshield and is fully enclosed.

History

SOURCE: Commissioners' Order 274, 310/949 effective September 1, 1949, 17 DCRR § 110 (October 19, 1970); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 64 DCR 7930 (August 11, 2017). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2215

18 DCMR § 2216 RAILROAD CROSSINGS

2216.1 Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within fifty feet (50 ft.), but not less than fifteen feet (15 ft.), from the nearest rail of the railroad, and. shall not proceed until it can be done safely.

2216.2 The requirements of § 2216.1 shall apply in the following circumstances:

(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(c) A railroad train approaching within approximately fifteen hundred feet (1500 ft.) of the highway crossing emits a signal audible from that distance, and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard; and

(d) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.

History

SOURCE: Commissioners' Order 274, 310/949 effective September 1, 1949, 17 DCRR § 116 (October 19, 1970).

18 DCMR § 2217 CLOSED STREETS, LOCAL ACCESS STREETS, PLAY STREETS, BUS LANES, AND BUS RESTRICTED STREETS

2217.1 Whenever authorized signs are erected indicating a street or portion of a street is a local access street, no person shall drive a vehicle upon such street or portion of the street except drivers of authorized emergency vehicles and drivers of vehicles whose destination or origin is on or within two (2) blocks of such street or portion of the street.

2217.2 No person shall drive a vehicle on a street that has been designated a play street or closed to vehicular traffic except as specifically permitted by an official traffic control device.

2217.3 No person shall drive any vehicle across or over any public street at which there is an official barrier, sign, or authorized person indicating that the street is closed, except as otherwise provided.

2217.4 When the driving of a vehicle on a street described in §§ 2217.1, 2217.2, or 2217.3 is authorized, the maximum speed at which a person shall drive a vehicle shall be fifteen (15) miles per hour.

2217.5 No person shall operate a vehicle on those portions of streets designated as bus lanes by pavement markings or signage, except:

Public transit buses, tour buses, and school buses;

Bicycles and motorized bicycles, except pedicabs;

Electric mobility devices;

Maintenance vehicles, while making or supervising a service or repair to a vehicle or infrastructure or responding to an emergency;

Streetcars;

Accessible transportation service vehicles, while actively transporting an individual with a disability;

Authorized emergency vehicles, while responding to an emergency;

Other vehicles that are explicitly allowed by official signage or a permit issued by the Director, subject to such time, purpose, and location restrictions that may be imposed by the signage or permit;

A vehicle that is actively performing a necessary maneuver to legally park on the opposite side of the bus lane; and

As provided in § 2217.6.

2217.6 A vehicle may enter a designated bus lane to engage in a turn at an intersection or driveway:

where an official sign indicates that a vehicle may do so; or

if no official sign indicates where a vehicle may enter a bus lane to engage in a turn at an intersection or driveway, if the vehicle is within forty feet (40 ft.) of an intersection or driveway.

2217.7 Whenever authorized signs are erected to restrict buses from a street or portion of street, no person shall operate a bus upon such street or portion of the street at any time except as specifically directed to do so by a police officer or other law enforcement or public safety official or by an official traffic control device.

2217.8 When driving a vehicle on a street described in §§ 2217.1, 2217.2, or 2217.3 is authorized, an operator of a vehicle shall yield the right-of-way to pedestrians, cyclists, and all other non-vehicular traffic at all points.

2217.9 On a street described in §§ 2217.1, 2217.2, or 2217.3, a person on a bicycle shall have the rights and duties applicable to a pedestrian according to §2217.8; provided, that the cyclist shall yield to pedestrians.

History

SOURCE: Final Rulemaking published at 34 DCR 4322 (July 3, 1987); and amended by the Personal Mobility Device Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-224; 53 DCR 10225 (December 29, 2006)); as amended by Final Rulemaking published at 62 DCR 14092 (October 30, 2015); as amended by Final Rulemaking published at 68 DCR 1900 (February 12, 2021); as amended by Final Rulemaking published at 70 DCR 015111 (November 17, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2217

18 DCMR § 2218 FUNERAL PROCESSIONS, PARADES, AND OTHER AUTHORIZED PROCESSIONS

2218.1 Processions and parades, except funerals, shall not be allowed except by permit issued by the Chief of Police, which permit shall designate the time and route of such procession or parade, and no part of the procession or parade shall move except according to the terms of the permit.

2218.2 No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required by this chapter. The provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers, except as provided in this section.

2218.3 Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

2218.4 The leading vehicle in a funeral procession shall stop at any intersection where the traffic control device requires such a stop, but after the leading vehicle has entered the intersection, all vehicles in the funeral procession shall continue their passage; Provided, that this subsection shall not apply when there is a funeral escort officer preceding the funeral procession.

2218.5 A funeral composed of a procession of vehicles in order to be recognized as such, shall display on each vehicle two (2) illuminated headlights.

2218.6 A funeral procession accompanied by an escort officer shall have the right-of-way and have the right to proceed through an intersection where the traffic control device normally would require a stop.

2218.7 A funeral escort officer is designated to be a person wearing a name tag on a uniform distinguishable from the Metropolitan Police Department uniform, which identifies by name the person, company, partnership, or corporation by which the escort officer is employed.

2218.8 A funeral escort officer shall be mounted on a motorcycle equipped with the following special equipment, as well as the standard equipment required by law:

(a) A flashing signal light of a color approved by the Department of Public Works;

(b) A two-way radio sufficient to allow communication with the home office of the person, company, partnership, or corporation; and

2218.9 A funeral escort officer shall not wear sidearms and shall not have the power of arrest.

2218.10 The vehicles in a procession returning from a funeral shall not display headlights, except during the hours when lights are required to be displayed on all motor vehicles.

History

SOURCE: Commissioners’ Order 274,310/949 effective September 1, 1949, 17 DCRR §§ 104 - 107 (October 19, 1970); as amended by Commissioners’ Order 68-795 effective December 28, 1968.

18 DCMR § 2219 SEVERE WEATHER TRAFFIC CONTROLS: SNOW EMERGENCY ROUTE

2219.1 Between October 15th and April 15th of each year, whenever snow, sleet, or freezing rain is falling within the District or whenever there is a covering or coating of snow, sleet, or ice on any street in the District marked as a Snow Emergency Route, no person in charge of a motor vehicle operated on any such street shall allow the vehicle to become stalled on that street due to the fact that the driving wheels of the vehicle are not equipped with tire chains or effective snow tires.

2219.2 Whenever the Director has announced, pursuant to § 2414, that parking is prohibited on Snow Emergency Routes, and such parking prohibition is in effect with respect to a particular street which has been designated as a Snow Emergency Route, no person in charge of a motor vehicle operated on such street shall allow the vehicle to become stalled on that street due to the fact that the motor fuel supply of the vehicle has been allowed to become exhausted.

2219.3 Whenever the Director has announced, pursuant to § 2414, that parking is prohibited on Snow Emergency Routes, and such parking prohibition is in effect, the person in charge of a motor vehicle which becomes stalled on any such route, for whatever reason, including, without limitation, a flat tire, shall without delay take action to have the vehicle towed or pushed off the roadway of the Snow Emergency Route; Provided, that nothing in this subsection shall permit the violation of any other law or regulation.

2219.4 No person shall abandon or leave a motor vehicle in the roadway of a Snow Emergency Route at any time when the parking of motor vehicles on that route has been prohibited pursuant to § 2414; Provided, that a vehicle standing in the roadway of a Snow Emergency Route shall not be considered abandoned or left within the meaning of this subsection in the following circumstances:

(a) If the operator leaves the vehicle only for the purpose of securing assistance and for a time actually necessary to secure such assistance, either to make a telephone call from a nearby public telephone or to go to a nearby garage, gasoline station, or other place of assistance, and if thereafter the operator, without delay, returns to and remains with the stalled vehicle until its removal; and

(b) The operator has, prior to leaving the vehicle, placed on the windshield a note stating the approximate time of his or her departure in search of assistance and the location to which he or she has gone for such assistance.

2219.5 Notwithstanding any other provisions of this title, any unattended vehicle found on any Snow Emergency Route when the parking prohibition is in effect pursuant to § 2417 of this title, may be removed from the route in accordance with § 2421 of this title.

2219.6 Whenever by reason of the declaration of a weather emergency, Federal and District government employees are dismissed from duty one (1) or more hours in advance of their normal quitting time, those traffic regulations that normally go into effect at 4:00 p.m. shall go into effect the same number of hours in advance of 4:00 p.m. that the Federal and District government employees are dismissed in advance of their normal quitting time (for example, and not by way of limitation, “No Standing,” “No Parking,” One-Way Streets, Unbalanced Lanes, and “No Left Turn”).

2219.7 The traffic regulations advanced in their hours of operation under the provisions of this section shall remain in force until their normal termination at 6:30 p.m., or as may be otherwise indicated at specific locations.

2219.8 At least one (1) hour’s notice of the advanced operation of traffic regulations, as provided in this section, shall be given the public in the manner required by § 2414.

History

SOURCE: Commissioners’ Order 274, 310/949 effective September 1, 1949, 17 DCRR §§ 116.5, 116.7 (October19, 1970); as amended by Commissioners' Order 61-2030 effective November 22, 1970; and by Final Rulemaking published at 34 DCR 7633 (November 27, 1987).

18 DCMR § 2220 RESTRICTED LANES

2220.1 The Director is authorized to designate any traffic lane on any roadway for the exclusive use of a single class or combination of classes of vehicles during certain hours. The Director shall post signs indicating any lanes designated as restricted. The signs shall describe the class or combination, of classes of vehicles to which the lane is restricted and the days and hours during which the restrictions are in effect.

2220.2 [REPEALED].

2220.3 [REPEALED].

2220.4 Vehicles, other than those to which a lane is restricted, are prohibited from continuing through an intersection in a Restricted Lane.

2220.5 [REPEALED].

2220.6 The existence of Restricted Lanes on any roadway does not limit those vehicles for which the restrictions are established solely for use of the Restricted Lanes unless specifically indicated.

2220.7 Notwithstanding the provisions set forth in §§ 2220.1 – 2220.6 of this section, no vehicle may enter a bicycle lane for any purpose other than when necessary to execute safely the following maneuvers:

(a) To turn into a private road;

(b) To turn into an alley or driveway, provided the turn shall be made as close as practicable to the alley or driveway;

(c) To turn onto an intersecting roadway, provided the turn shall be made as close as practicable to the intersecting roadway, but no further than twenty-five (25) feet from the intersection;

(d) To enter a legal parking space or a legal area for stopping or standing a vehicle;

(e) To follow the directions of a police officer; or

(f) To comply with 18 DCMR § 2210.

History

SOURCE: Final Rulemaking published at 35 DCR 2104 (March 18, 1988); as amended by Final Rulemaking at 53 DCR 850 (February 10, 2006); as amended by Final Rulemaking published at 67 DCR 2226 (February 28, 2020); as amended by Final Rulemaking published at 70 DCR 015111 (November 17, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2220

18 DCMR § 2221 MISCELLANEOUS MOVING VIOLATIONS

2221.1 No vehicle shall be operated or used in such a manner as to cause unnecessary or disturbing noise.

2221.2 When the driver of a vehicle desires to park at the curb when there is room enough for only one (1) car between two (2) other cars, the driver shall drive forward until parallel to the car ahead of the space and back cautiously into the parking space.

2221.3 The driver of a vehicle shall not drive within or across any permanent sidewalk area, except at a permanent or temporary driveway, or under other circumstances specifically provided in this title.

2221.4 No vehicle shall be operated so that it or the load on it strikes any fixed object or construction, including, but not limited to, a bridge, bay window, tree, or part of any such object, located in or over any street, highway, or alley.

2221.5 Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at any intersection to permit a pedestrian to cross the roadway, the driver of any vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

2221.6 No person shall dispose or cause or allow the disposal of litter from a vehicle upon any public or private property. Litter shall include all rubbish, waste matter, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.

History

SOURCE: Commissioners’ Order 274, 310/949 effective September 1, 1949, 17 DCRR §§ 52(b), 78, 108, 116.2, 153(e) (October 19, 1970); as amended by Final Rulemaking published at 35 DCR 2104 (March 18, 1988); as amended by Final Rulemaking published at 56 DCR 200, 201 (January 9, 2009).

18 DCMR § 2222 [RESERVED]

18 DCMR § 2223 [RESERVED]

18 DCMR § 2224 ALCOHOLIC BEVERAGES IN MOTOR VEHICLES

2224.1 Except as provided in §§ 2224.2 and 2224.3, no person shall operate or ride in a vehicle when any opened alcoholic beverage is in or on the vehicle.

2224.2 An open container shall not be considered to be in or on a vehicle if the open container is located:

In a trunk, cargo area, or storage compartment that is inaccessible from the passenger area of the vehicle;

In a locked compartment within the passenger area of the vehicle; or

With respect to a vehicle without a trunk, behind the last row of seats within the passenger area of the vehicle such that the open container is inaccessible by the driver or passengers while in their seats.

2224.3 [REPEALED]

2224.4 A person operating a vehicle in violation of this section shall be subject to a fine of one hundred dollars ($100).

2224.5 For purposes of this section, the term:

“Alcoholic beverage” means an alcoholic beverage as defined in D.C. Official Code § 25-101(5)).

“Opened alcoholic beverage container” means an alcoholic beverage in a bottle, can, or other container from which:

(1) The top, cap, cork, seal, or tab seal has at some time been removed or broken; or

(2) Some of the alcohol beverage has been removed.

History

SOURCE: Section 6(c) of the Comprehensive Anti-Driving Amendment Act of 1991, effective May 5, 1992 (D.C. Law 9-96; 38 DCR 7274, 7279 (December 6, 1991)); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005)); as amended by Final Rulemaking published at 52 DCR 5759 (June 17, 2005); as amended by Final Rulemaking published at 60 DCR 129134 (September 13, 2013).

18 DCMR § 2225 AVOIDANCE OF LANE BLOCKAGE – EXPEDITIOUS REMOVAL OF VEHICLES

2225.1 No person shall stop or park a vehicle in such manner as to impede or render dangerous the use of a roadway by others, except to avoid a collision, at the direction of an authorized official, or in the case of an incident or mechanical breakdown.

2225.2 In the event of a collision or mechanical breakdown of a motor vehicle, the operator of the vehicle shall activate the emergency flashing lights and shall move the vehicle from the roadway as soon as it is safe to do so and only as far as is necessary to prevent obstructing the regular flow of traffic.

2225.3 Removal of a vehicle from the roadway in accordance with Subsection 2225.2 shall in no way affect responsibility for the collision or mechanical breakdown.

2225.4 An operator who moves a vehicle from a roadway in accordance with Subsection 2225.2 shall not be considered to have interfered with or prevented a police investigation of the collision or mechanical breakdown.

History

SOURCE: Final Rulemaking 66 DCR 00056 (January 4, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2225

18-23 PEDESTRIANS

18 DCMR § 2300 GENERAL PROVISIONS

2300.1 Pedestrians shall be subject to traffic control signals as provided in this chapter. At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.

2300.2 Notwithstanding the provisions of this chapter and of Chapters 12 and 21, every operator of a vehicle shall exercise due care to avoid colliding with any pedestrians or any person propelling a human powered vehicle and shall give an audible signal when necessary, and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by Commissioners' Order 57-1086, effective June 11, 1957); 17 DCRR §§ 71-75 (October 19, 1970); as amended by the Bicyclist Responsibility Regulation Amendment Act of 1996, effective April 9, 1997 (D.C. Law 11-178; 43 DCR 4240 (August 9, 1996)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2300

18 DCMR § 2301 TRAFFIC CONTROL SIGNALS: PEDESTRIANS

2301.1 Whenever traffic is controlled by traffic control signals exhibiting the words “GO,” “CAUTION,” or “STOP,” or exhibiting different colored lights successively one at a time, or with arrows, the terms and lights shall apply to pedestrians as set forth in this section.

2301.2 Pedestrians facing a GREEN SIGNAL or the word “GO,” my proceed across the roadway within any marked or unmarked crosswalk, except where special pedestrian control signals show a “DON’T WALK” signal.

2301.3 Pedestrians facing a STEADY YELLOW SIGNAL are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

2301.4 Pedestrians facing a STEADY RED SIGNAL or the word “STOP” shall not enter the roadway, except where special pedestrian control signals show a “WALK” signal.

2301.5 Pedestrians facing a vertical GREEN or “THRU” ARROW may proceed across the roadway in any marked or unmarked crosswalk.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by Commissioners' Order 57-1966, effective October 8, 1957; as amended by 17 DCRR §§ 11(a) – (d) (October 19, 1970). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2301

18 DCMR § 2302 PEDESTRIAN “WALK”, “DON’T WALK”, AND “WAIT” SIGNALS

2302.1 Whenever special pedestrian control signals exhibiting the words “WALK”, “DON’T WALK”, or “WAIT” are in place, such signals shall indicate and apply to pedestrians as set forth in this section.

2302.2 Pedestrians facing a “WALK” signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

2302.3 No pedestrian shall start to cross the roadway in the direction of a “DON’T WALK” or “WAIT” signal.

2302.4 [REPEALED].

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by 17 DCRR §§ 51, 54 (October 19, 1970); as amended by § 4 of the Pedestrian Protection Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-34; 34 DCR 5316 (August 14, 1987)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2302

18 DCMR § 2303 RIGHT-OF-WAY IN CROSSWALKS

2303.1 [REPEALED].

2303.2 No pedestrian shall suddenly leave a curb, safety platform, safety zone, loading platform, or other designated place of safety and walk or turn into the path of a vehicle which is so close that it is impossible for the driver to yield.

2303.3 No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices.

2303.4 When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by Commissioners’ Order 56-1060, effective May 29, 1956; as amended by Commissioners’ Order 64-1655, effective November 17, 1964; as amended by 17 DCRR §§ 52 (a), (d) (October 19, 1970); as amended by § 4 of the Pedestrian Protection Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-34; 34 DCR 5316 (August 14, 1987)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2303

18 DCMR § 2304 CROSSING AT PLACES OTHER THAN CROSSWALKS

2304.1 Except on streets described in §§ 2217.1, 2217.2, or 2217.3, between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

2304.2 Excet on streets described in §§ 2217.1, 2217.2, or 2217.3, each pedestrian crossing a roadway at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway

2304.3 Except on streets described in §§ 2217.1, 2217.2, or 2217.3, no pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.

2304.4 On Kenilworth Avenue, N.E., between Benning Road and Eastern Avenue, no pedestrian shall cross the main roadway other than by proceeding over designated overpasses or through the designated underpasses.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by Commissioners’ Order 60-1526, effective July 14, 1960; as amended by 17 DCRR §§ 53, 57 (October 19, 1970); as amended by Final Rulemaking published at 68 DCR 1900 (February 12, 2021). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2304

18 DCMR § 2305 WALKING AND STANDING ON SIDEWALKS AND ROADWAYS

2305.1 Whenever possible, pedestrians shall walk on the right half of crosswalks.

2305.2 Where a paved sidewalk is provided, a pedestrian shall not walk upon a roadway adjacent to the sidewalk, except as appropriate to avoid a risk to the pedestrian’s, or another individual’s, safety or health.

2305.3 Where sidewalks are not provided, any pedestrian walking along and upon a street or highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic, which may approach from the opposite direction.

2305.4 No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

2305.5 Upon the approach of an authorized emergency vehicle, pedestrians shall yield right-of-way and immediately proceed to the nearest point of safety.

2305.6 During a temporary closure of a section of public space under 24 DCMR § 123, no person shall:

Without proper authority provided by a DPW employee or law enforcement officer:

Pass through, over, or under, or break down, cut, remove, tamper with, damage, or destroy any tape, rope, or other barricade erected under 24 DCMR § 123.4; or

Remove, damage, or otherwise tamper with any sign placed upon any tape, rope, or other barricade erected under 24 DCMR § 123.4; or

(b) Fail to immediately comply with a request or directive from a DPW employee or law enforcement officer to remove himself or herself from that section of public space.

History

SOURCE: Commissioners' Order 274, 310/949, effective September 1, 1949; as amended by 17 DCRR §§ 55, 56 (October 19, 1970); as amended by Final Rulemaking published at 68 DCR 1900 (February 12, 2021); as amended by Final Rulemaking published at 68 DCR 7212 (July 23, 2021). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2305

18-24 STOPPING, STANDING, PARKING, AND OTHER NON-MOVING VIOLATIONS

18 DCMR § 2400 PROPER PARKING: GENERAL REQUIREMENTS AND PROHIBITIONS

2400.1 No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement.

2400.2 A person shall stand or park a vehicle on a two-way street with the right-hand wheels of the vehicle within twelve inches (12 in.) of the right curb or edge of the roadway.

2400.3 On a one-way street, a vehicle may be parked in the same manner as on a two-way street or may park with the left-hand wheels of the vehicle adjacent to and within twelve inches (12 in.) of the left-hand curb.

2400.4 If a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.

2400.5 No person shall park a vehicle upon any roadway for the principal purpose of doing either of the following:

(a) Displaying the vehicle for sale; or

(b) Greasing or repairing the vehicle, except minor repairs necessitated by an emergency.

2400.6 The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times, or at those times herein specified, or as indicated on official signs and parking meters, except when it is necessary to stop a vehicle to avoid conflict with other traffic or when complying with the direction of a police officer or official traffic control device.

2400.7 The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.

2400.8 A person may park a motorcycle, motor-driven cycle, or motorized bicycle in a direction other than parallel with the edge of the roadway, including perpendicular with the curb, if the motorcycle, motor-driven cycle, or motorized bicycle does not obstruct the flow of traffic.

History

SOURCE: As amended by Final Rulemaking published at 58 DCR 2497 (March 18, 2011); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013); as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2400

18 DCMR § 2401 LOADING AND UNLOADING VEHICLES

2401.1 If no curb space is available within a reasonable distance, a passenger vehicle may stand parallel and as near as practicable to other parked vehicles, only long enough to take on passengers who are actually waiting at the curb or to leave off passengers.

2401.2 Unless prohibited by § 2402, a vehicle may stop parallel and as near as practicable to parked vehicles while loading; Provided, that the vehicle while so parked will not unreasonably impede or interfere with orderly two-way traffic, or on a one-way street, that at least one lane is kept open for moving traffic.

2401.3 On any street, highway, or any portion of a street or highway, where parking is prohibited but stopping and standing are not prohibited, passenger vehicles may stop momentarily to load and unload passengers, and any vehicle may stop long enough to actually load and unload materials.

2401.4 When stopping to load and unload school children along the roadway, a school bus driver shall pull as far to the right as is safe, at a place on the roadway where there is three hundred feet (300 ft.) or more of clear sight distance to the front and rear, and stop only for such time as is actually necessary to take on or discharge passengers.

2401.5 Before making a stop to load or unload passengers, a school bus driver shall actuate the flashing white stroboscopic light not less than three hundred feet (300 ft.) distant from the stop, and allow the light to remain flashing until the bus resumes motion after the stop.

2401.6 At each stop to pick up or discharge one or more school children, the school bus driver shall actuate the flashing red light during the time that the bus is stopped to pick up or discharge passengers, and shall turn off the light when the bus resumes motion.

2401.7 Commercial vehicles shall not be parked at an angle to the curb or perpendicular to the curb on any roadway or alley except for the delivery of coal or objects which require the services of two (2) or more men or special equipment (such as a winch or hoist) to load or unload, and then only for so long as may be actually necessary for such loading or unloading.

2401.8 A four-wheeled, animal-drawn vehicle, a tractor-trailer, or tractor semi-trailer combination shall stand so that the animals or tractor are parallel with the curb, facing in the direction of traffic.

2401.9 [REPEALED]

History

SOURCE: As amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2401

18 DCMR § 2402 LOADING ZONES

The Director of the District Department of Transportation (DDOT) shall install and maintain signs designating the location for each commercial motor vehicle loading zone (“loading zone”). Each sign shall state the hours during which the loading zone restrictions apply.

A commercial motor vehicle may park within a loading zone, if it meets one (1) of the following conditions:

The commercial motor vehicle displays a loading zone annual pass, as described in § 2428;

The commercial motor vehicle displays a loading zone day pass, as described in § 2429; or

The commercial motor vehicle has one (1) of the following proofs of payment:

(1) An unexpired single space meter; or

(2) An alternative proof of payment, as determined by the DDOT Director.

Notwithstanding § 2402.2:

(a) A commercial motor vehicle shall not park in a loading zone pursuant to § 2402.2 for a purpose other than loading or unloading;

(b) A commercial motor vehicle shall not be parked in a loading zone during any period of time when parking and standing is prohibited on the block on which the loading zone is located, such as during rush hour parking restriction periods; and

(c) A commercial motor vehicle shall not park in a loading zone for longer than the time indicated on the signs or parking meters in that zone; provided, that where no signs are present, the maximum amount of time a commercial motor vehicle may park in a loading zone is two (2) hours.

No other vehicle shall park or stop in a loading zone during the hours applicable to the zone, except that the operator of a passenger vehicle carrying fifteen (15) passengers or fewer may park in a loading zone during such hours if the operator is stopping momentarily within the loading zone to pick up a passenger or passengers and if such stopping does not interfere with a commercial motor vehicle that is within the loading zone or is waiting to enter the loading zone.

When parking in a loading zone, the operator of a commercial motor vehicle that does not have a valid loading zone annual permit or day pass shall, immediately after parking, pay for the amount of time desired.

A commercial motor vehicle may not park at a non-loading zone parking meter space at the times specified in those zones; provided, that if no time is specified, the loading zone shall be in effect between 7:00 a.m. and 6:30 p.m.; provided further, that a commercial motor vehicle may park at a non-loading zone parking meter space between the hours of 10:00 a.m. and 2:00 p.m.

The fee to park a commercial motor vehicle within a loading zone shall be established by the DDOT Director and posted in the loading zone; provided, that the Director shall not establish a fee greater than five dollars ($5.00) per hour.

History

SOURCE: Final Rulemaking published at 54 DCR 131 (January 5, 2007); as amended by Final Rulemaking published at 60 DCR 16844 (December 13, 2013).

18 DCMR § 2403 [REPEALED]

History

SOURCE: As amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2403

18 DCMR § 2404 PARKING METERS AND PARKING METER ZONES

No vehicle shall park in a parking meter zone at any time when such parking is otherwise prohibited.

Except as provided in §§ 2406.12 and 2406.18, no person shall park any vehicle or allow any vehicle registered in his or her name to be parked overtime or beyond the lawful period of time indicated on the meter or by the signs applicable to the parking meter space or zone.

No person shall park any vehicle or allow any vehicle registered in his or her name to be parked so that the vehicle is not within the area between the designated signs or other marking(s) delimiting the parking meter space or zone.

No person shall stop, stand, or park a vehicle exceeding twenty feet (20 ft.) in length in a parking meter zone, except as provided in §§ 2402.6, 2404.12, 2428.8 and 2429.8.

Immediately after parking a vehicle, the operator shall pay for the amount of parking time desired and, if a receipt is issued, place the receipt on the passenger side of the dashboard of the vehicle so that it is clearly visible through the windshield of the vehicle. The space may then be used by the vehicle during the parking limit indicated by the parking meter zone signs or on the parking meter for the amount of time that is confirmed through the receipt issued or the pay-by-cell system, as applicable.

No person shall purchase more time than allowed for parking a vehicle in a parking meter space or zone as indicated by the signs in the zone, pay-by-cell system, or on the parking meter.

Except as provided in §§ 2404.9, 2406.12, and 2406.18, a vehicle shall be considered illegally parked in a parking meter zone if:

No parking payment has been made at the meter or through the pay-by-cell system;

The amount of time paid for a parking meter space at a parking meter or using pay-by-cell has lapsed;

The vehicle does not display a parking meter receipt in the manner required by § 2404.5;

The vehicle has been parked in the parking meter zone longer than the parking limit indicated by the signs or on the meters for that parking meter zone;

The vehicle is oversized for the parking meter zone, pursuant to § 2404.4;

The vehicle is not a tour bus and is parked in a bus parking zone; or

The vehicle is not a motorcycle and is parked in a space designated for motorcycle parking only.

An operator may park a vehicle in a parking meter space:

Without depositing payment at a parking meter space:

At times when the signs and meters in the parking meter zone indicates payment is not required;

With unexpired time displayed on the meter, until such time has lapsed;

If a vehicle identified by license plate as being owned, rented, or leased by the federal or District government is being used on official government business and is parked in a parking meter space; or

If the vehicle is a tour bus parked in a bus parking zone only while actively engaged in loading and unloading of passengers.

In the same pay-by-cell parking meter zone until the time confirmed by the operator’s paid, active pay-by-cell session has lapsed;

That is served by a pay-by-space parking meter until the time confirmed by the operator’s paid, active pay-by-space session for the parking meter space has lapsed, provided, the operator’s vehicle remains in the designated space for which payment was made;

That is served by a pay-and-display parking meter in the same zone until the time on the receipt, displayed in accordance with § 2404.5, has lapsed; or

That is served by a pay-by-plate parking meter until the time confirmed by the operator’s paid, active pay-by-plate session has lapsed; provided the operator’s vehicle remains in the parking meter zone for which payment was made.

An operator may park in a parking meter space where the corresponding parking meter is broken if the operator pays for the amount of parking time desired at an adjacent, functioning multi-space parking meter, or through the pay-by-cell system.

The rate for each parking meter space shall be posted on the meter serving the space or any pay-by-cell application authorized to collect meter payment in the District.

Except as otherwise provided, all civil infractions and their respective fines set forth in § 2404 shall apply to the provisions in § 2424.

Notwithstanding § 2404.4, a tour bus may park outside a loading zone if it occupies no more than three (3) metered spaces or no more than sixty feet (60 ft.) within a designated bus parking zone serviced by a parking meter or pay-by-cell system.

The Director shall designate, by the posting of signs or by the placement of meters with signage, the street segments that are subject to payment for parking.

The Director shall establish objective criteria to create parking meter zones, set parking meter time limits, and determine parking meter operation hours. These criteria shall consider the need to promote:

Short term parking access near commercial, cultural, educational, entertainment, medical, recreational and transportation facilities;

Turnover of parking occupancy;

Equitable availability; and

Efficient use of public parking spaces.

The Director shall provide written notice to the affected Advisory Neighborhood Commission (“ANC”) and publish a notice of intent (NOI) on DDOT’s website, of all proposed modifications to parking meter zone designations at least thirty (30) days before implementation.

The rates for parking meters shall be as follows:

Fifty cents ($0.50) for thirteen (13) minutes for automobile size spaces;

Twenty-five cents ($0.25) per hour for motorcycle size spaces;

One dollar and fifty cents ($1.50) for thirteen (13) minutes for bus size spaces; and

Performance Parking Zone rates, as established pursuant to § 2424.

History

SOURCE: Final Rulemaking published at 52 DCR 9152 (October 14, 2005); as amended by Final Rulemaking published at 52 DCR 10409 (November 25, 2005); as amended by Final Rulemaking published at 55 DCR 003972 (April 11, 2008); as amended by Final Rulemaking published at 55 DCR 7993 (July 25, 2008); as amended by Final Rulemaking published at 56 DCR 9215 (December 4, 2009); as amended by Final Rulemaking published at 57 DCR 5464 (June 25, 2010); as amended by Final Rulemaking published at 58 DCR 2497 (March 18, 2011); as amended by Final Rulemaking published at 58 DCR 10635 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 16844 (December 13, 2013); as amended by the Omnibus Budget Support Clarification Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-0160; 63 DCR 10775 (August 28, 2016)); as amended by Final Rulemaking published at 67 DCR 4555 (April 24, 2020). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2404

18 DCMR § 2405 STOPPING, STANDING, OR PARKING PROHIBITED: NO SIGN REQUIRED

2405.1 Notwithstanding any other parking regulation, no person shall stop, stand, or park a motor vehicle or trailer in any of the following places, except when necessary to avoid conflict with other traffic, or at the direction of a police officer or traffic control device:

(a) Within an intersection;

(b) On a crosswalk;

(c) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(d) Upon any bridge, viaduct, or other elevated structure, freeway, highway tunnel, or ramps leading to or from such structures, or within a highway tunnel;

(e) On any median, channelizing island, or safety zone, whether made of concrete, grass, or other material and with curbs or otherwise delineated by solid yellow or white lines;

(f) In any driveway, alley entrance, or other way when stopping, standing or parking would obstruct the flow of pedestrians or other lawful traffic upon any sidewalk;

(g) On the sidewalk; provided, that a motor-driven cycle may be parked on the sidewalk if it:

(1) Is outside of the Central Business District, as defined by Subsection 9901.1 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901.1);

(2) Is not attached to any tree, tree box, or planting area; and

(3) Does not block the path of pedestrians and maintains an ADA compliant clearance from any other obstruction, as defined in Section 4.3 of the ADA Accessibility Guidelines;

(h) On the sidewalk; provided, that a motor-driven cycle may be parked on the sidewalk if it:

Is not a shared motor-driven cycle;

Is outside of the Central Business District, as defined by Subsection 9901.1 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901.1);

Is not attached to any tree, tree box, or planting area; and

Does not block the path of pedestrians and maintains an ADA compliant clearance from any other obstruction, as defined in Section 4.3 of the ADA Accessibility Guidelines;

In a bus lane, except for the specific time, purpose, and location explicitly allowed by official signage or a permit issued by the Director, provided that:

A person may momentarily stop a public transit bus, school bus, streetcar, or accessible transportation service vehicle in a bus lane to pick up or discharge a passenger or passengers;

A person may stop, stand, or park a maintenance vehicle in a bus lane while making or supervising a service or repair to a vehicle or infrastructure or responding to an emergency; and

A bus zone that falls within a bus lane shall be considered part of the bus lane for the purposes of this subsection.

2405.2 No person shall stand or park a motor vehicle or trailer, whether occupied or not, in any of the following places (including for the purpose of loading or unloading materials), except at the direction of a police officer, traffic control sign, or signal; provided, that a vehicle may stop momentarily to pick up or discharge a passenger or passengers:

(a) In front of or within five feet (5 ft.) of an alley, public driveway, or private driveway;

(b) Within ten feet (10 ft.) of a fire hydrant;

(c) Except as provided in § 2440.2 of this title, within forty feet (40 ft.) of the intersection of curb lines of intersecting streets or within twenty-five feet (25 ft.) of the intersection of curb lines on the far (non-approach) side of a one-way street; except that trucks vending ice cream shall park curbside when stopping to make a sale, as close as possible to a pedestrian cross-walk without entering the intersection or obstructing the pedestrian cross-walk and without unduly interfering with the flow of traffic.

(d) Within twenty-five feet (25 ft.) of the approach side of any “STOP” or “YIELD” sign located at the side of the roadway;

(e) Within fifty feet (50 ft.) of a railroad crossing;

(f) Within twenty feet (20 ft.) of a fire station driveway entrance;

(g) In or on any street or roadway when such parking will reduce the width of the open roadway to less than ten feet (10 ft.);

(h) In front of any barricade or sign that has been placed for the purpose of closing the street; or

(i) In a fire lane located on public or private space.

2405.3 No person shall park a motor vehicle or trailer, whether occupied or not, in any of the following places:

(a) On the public parking between the sidewalk space and the building line, except parking shall be permitted on public parking at those locations designated under this title and at locations authorized by permit and upon payment of rent;

(b) Between a safety zone or channelizing island and the adjacent curb or within ninety feet (90 ft.) of points on the curb immediately opposite the ends of a safety zone or channelizing island unless otherwise indicated by official signs;

(d) Within twenty-five feet (25 ft.) of either side of motorists’ courtesy mail boxes;

(e) In any public alley; provided, that parking shall be permitted in a public alley where authorized by a public space permit or where designated by posted sign; and

(f) In a manner to obstruct the entrance to any garage, parking lot or yard, door, or gate used for service purposes.

2405.4 [REPEALED].

2405.5 The following may not be parked on any public thoroughfare alongside a bike lane that does not have a barrier between the bike lane and the road, or in front of, alongside, or in the rear of any private dwelling or apartment, house of worship, school, playground, or hospital, except while engaged in work at such place for which the vehicle is reasonably necessary:

Any passenger vehicle with a seating capacity of more than fifteen (15) passengers;

A boat;

A trailer, whether loaded or unloaded;

Any vehicle longer than twenty-two feet (22 ft.) or wider than eight feet (8 ft.); or

(e) Any vehicle that has been designed or modified to haul trash, junk, or debris.

2405.6 No vehicle described in § 2405.5(a) through (e) may be parked alongside or around any public park except in stands established in accordance with this chapter.

2405.7 A motor vehicle parked within a legal driveway pursuant to 11-C DCMR § 710 shall not extend into or obstruct the sidewalk.

2405.8 Notwithstanding the provisions set forth in §§ 2405.1 – 2405.7 of this section, no vehicle may stop, stand, or park in a bicycle lane; provided that stopping is permitted only when necessary to enter into a legal parking space, to follow the directions of a police officer, or to comply with 18 DCMR § 2210.

History

SOURCE: The Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; 50 DCR 6579 (August 15, 2003)); as amended by Final Rulemaking published at 53 DCR 6101 (July 28, 2006); as amended by Final Rulemaking published at 58 DCR 2497, 2498 (March 18, 2011); as corrected by an Errata Notice published at 58 DCR 5441 (July 1, 2011); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 61 DCR 5419 (May 30, 2014); as amended by Final Rulemaking published at 62 DCR 14092 (October 30, 2015); as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019); as amended by Final Rulemaking published at 67 DCR 2226 (February 28, 2020); as amended by Final Rulemaking published at 67 DCR 11240 (September 25, 2020); as amended by Vision Zero Enhancement Omnibus Amendment Act of 2020, effective December 23, 2020; (D.C. Law 23-158; 67 DCR 013057 (November 6, 2020)); as amended by Final Rulemaking published at 70 DCR 015111 (November 17, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2405

18 DCMR § 2406 PARKING PROHIBITED BY POSTED SIGN

2406.1 The Director is authorized to have signs prohibiting parking, except for those vehicles indicated by such signs, placed where government parking areas have been provided.

2406.2 The Director is authorized to have signs prohibiting parking placed on streets adjacent to any school on school days, or playgrounds between the hours of 6:00 a.m. and 7:00 p.m., or for such lesser time as the Director may, in his or her discretion, establish.

2406.3 The Director is authorized to have signs prohibiting parking placed in front of the entrance of any of the following:

(a) A government or public building;

(b) A theater, hospital, hotel, club, or church;

(d) A restaurant having facilities for two hundred fifty (250) or more people or where there is a marquee or covered walkway; or

(e) The principal entrance of the embassy or legation of any foreign country.

2406.4 The Director is authorized to have signs prohibiting parking placed in front of the entrance of any office building having ten (10) or more offices, or the chancery of the embassy or legation of any foreign country between the hours of 7:00 a.m. and 6:30 p.m.

2406.5 The Director is authorized to have signs prohibiting parking placed for a distance not to exceed sixty feet (60 ft.) along the curb in front of or alongside of any building occupied by an embassy or legation of any foreign country, except for those vehicles bearing diplomatic motor vehicle identification tags.

2406.6 The Director is authorized to erect signs indicating “NO PARKING” from the intersection of curb lines of intersecting streets to a point twenty-five feet (25 ft.) in advance of and on the approach to a vehicle detector for traffic signals or for vehicle counters located in the road.

2406.7 The Director is authorized to erect signs indicating “NO PARKING” on any street when the width of the roadway does not exceed twenty feet (20 ft.) or on one side of any street when the width of the roadway does not exceed thirty feet (30 ft.).

2406.8 When official signs prohibiting parking are erected on narrow streets as authorized in § 2406.7, no person shall park a vehicle upon any such street in violation of any such sign.

2406.9

The Director is authorized to establish on-street metered parking spaces, within the Central Business District, as defined in Title 18, and the Ballpark Performance Parking Pilot Zone, as defined in D.C. Official Code § 50-2532, for the exclusive use of persons with disabilities using vehicles displaying valid disability license tags or valid disability permits issued by the District pursuant to Chapter 27 or issued by another jurisdiction meeting the requirements of § 2717.1.

(b) Parking meters associated with parking spaces established pursuant to this subsection shall:

(1) Meet the standards set forth in the Americans with Disabilities Act Accessibility Guidelines of the United States Architectural and Transportation Barriers Compliance Board (commonly referred to as the “United States Access Board”), and comply with any applicable regulations of the Department of Justice, regarding the:

Demarcation of the parking space;

Accessible meter hardware and payment technology;

Infrastructure placement; and

Pedestrian access route; and

(2) Unless a more stringent standard is established by the United States Access Board or applicable regulations of the Department of Justice:

(i) Be located adjacent to or within one hundred (100) feet of a curb cut, access ramp, or driveway; and

(ii) Indicate by signage affixed to a sign post or a decal on the meter that the space is reserved for the exclusive use of persons with disabilities.

(3) Be reserved for the exclusive use of persons with disabilities at all times; provided, metered spaces shall only require payment during the hours posted on the meter.

(c) When and where feasible, one (1) parking space on each metered block, or at least four percent (4%) of the District’s total metered parking spaces, shall be reserved for the exclusive use of persons with disabilities.

(d) The Director shall create and maintain a publicly accessible database showing the location and time restriction of each parking space set aside under this subsection.

(e) The Director may establish reasonable payment and time limits for parking in the spaces established pursuant to this subsection; provided, that any time restrictions established shall allow parking for twice the period of time, not to exceed four (4) hours, permitted at the nearest non-reserved, time-limited parking space.

(f) Before setting aside the parking spaces authorized by this subsection, the Director shall mail or email, or cause to be mailed or emailed, a notice to each person who holds a disability license tag or disability permit issued by the District pursuant to Chapter 27. The notice shall inform the person that new parking spaces will be set aside pursuant to this subsection and shall describe the rules that apply to parking in such spaces.

2406.10

(a) The Director is authorized to establish on-street metered parking spaces, outside the Central Business District, for the exclusive use of persons with disabilities.

(b) On-street metered parking spaces established pursuant to this subsection shall be identified based on a process established by the Director in consultation with the Mayor’s Office of Disability Rights after the launch of the program defined in Subsection 2406.9.

(c) The process by which on-street metered spaces are established for the exclusive use of people with disabilities outside the Central Business District shall include at a minimum:

Entities that can request establishment of on-street metered parking spaces for the exclusive use of people with disabilities outside of the Central Business District;

A process by which the Director will evaluate requests to establish on-street metered parking spaces, outside of the Central Business District, for the exclusive use of persons with disabilities;

Criteria for evaluation of additional zones including but not limited to existing meter occupancy, existing disability placard use; and

Process by which the Director will notify the public of the intent to establish on-street metered parking spaces, outside of the Central Business District, for the exclusive use of persons with disabilities.

2406.11

(a) A vehicle parked in a space set aside pursuant to § 2406.9 shall be subject to the fine set forth in § 2601 if the vehicle:

(1) Does not display a valid disability license tag or valid disability permit described in § 2406.9;

(2) Was not either driven by a person to whom such a tag or permit was issued or a person to whom such a tag or permit was issued was not a passenger in the vehicle;

(3) Is engaged in vending;

(4) Is parked beyond the posted time limits on the meter;.

(5) Fails to make payment at the meter or through pay-by-phone; or

(6) The amount of time paid for at the meter or through pay-by-phone has lapsed;

(b) A vehicle parked, stopped, or standing in a space set aside pursuant to § 2406.9 during a time when parking, stopping, or standing in the space is prohibited shall be subject to the applicable no parking, no stopping, or no standing fine set forth in § 2601, even if the vehicle displays a disability license tag or disability permit described in § 2406.9.

2406.12 The Director is authorized to establish reserved on-street parking spaces for the exclusive use of car-sharing vehicles provided:

The Director may establish reserved on-street parking spaces for the exclusive use of car-sharing vehicles pursuant to public right-of-way occupancy permits issued pursuant to 24 DCMR § 3313.

(b) [REPEALED].

(c) Unauthorized vehicles parked in such spaces shall be in violation of and subject to the fine set forth in § 2601; and

(d) The Director may authorize the Department of Motor Vehicles to issue special license plates pursuant to this subsection properly identifying reserved on-street car-sharing vehicles as such, in order to aid in the enforcement of § 2406.12(c).

2406.13 The Director may establish the parking spaces authorized by §§ 2406.12 and 2406.14 without first publishing the notice provided for in section 6 of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 1-1506), but shall consult with affected Advisory Neighborhood Commissions (ANCs) and provide affected ANCs with thirty (30) days written notice of the intent to establish such spaces.

2406.14 [REPEALED].

2406.15 [REPEALED].

2406.16 [REPEALED].

2406.17 [REPEALED].

2406.18 The Director is authorized to establish a point-to-point car-sharing management program allowing point-to-point car-sharing vehicles to be parked in any residential permit parking zone and at parking meters without payment at the time of parking, provided:

Parking in residential permit parking zones and at parking meters pursuant to this section shall be permitted only for vehicles registered to and operated by any point-to-point car-sharing company in the District that enters into a one (1)-year contract with the District that shall include, but not be limited to, the following provisions:

The company must indemnify the District against legal liabilities associated with the use of public space with point-to-point car-sharing operations;

All company point-to-point car-sharing vehicles parked in the District, regardless of whether they are located on private or public space, must be registered in the District of Columbia and display District license plates; and

At least seven (7) point-to-point car-sharing vehicles must be located in low-income neighborhoods as identified by DDOT even if such locations are not desired or requested by the company;

In addition to the general provisions listed in § 2428.2, the Department may charge for the point-to-point car-sharing program a fee for the use of residential permit parking zones and metered parking spaces should it determine that doing so is in the public interest;

Notwithstanding § 2404.8 of this chapter, the Director may permit a car-sharing vehicle registered in the point-to-point car-sharing program to park in a metered parking zone without payment at the time of parking; provided that the vehicle displays an annual permit purchased by the company for all of its registered point-to-point car-sharing vehicles;

Notwithstanding § 2404.3 of this chapter, the Director may permit a car-sharing vehicle registered in the point-to-point car-sharing program to park in a metered parking zone past the maximum amount of time for that metered zone provided that the vehicle displays an annual permit purchased by the company for all of its registered point-to-point car-sharing vehicles;

Car-sharing vehicles registered in the point-to-point car-sharing program may not be parked at times and locations in the District when and where parking is prohibited, including but not limited to, a.m. and p.m. rush hour restricted streets and snow emergency routes;

Notwithstanding § 2413.13 of this chapter, a point-to-point car-sharing vehicle registered in the point-to-point car-sharing program may park in a residential permit parking zone, provided it displays a valid annual permit described in paragraph (g) of this subsection;

The annual permit for a point-to-point car-sharing vehicle shall be a non-transferable sticker issued by the Director and it shall be affixed by its own adhesive to the lower left (driver's) side of the windshield so that its contents are clearly visible through the windshield of the vehicle;

A point-to-point car-sharing vehicle located in the District, regardless of whether they are parked on private or public spaces, must be registered in the District of Columbia and display District license plates;

The point-to-point car-sharing company must maintain at least fifty (50) vehicles in its fleet and must maintain one percent (1%) of its fleet in each Ward of the city at any point in time and must maintain an area of operation that includes the entire District of Columbia, excluding National Park Service land. To account for time required to move cars, car-sharing companies shall be allowed a maximum of two (2) hours with zero (0) vehicles in a Ward;

DDOT reserves the right to terminate the agreement at any time;

If the one (1)-year permit expires and the District of Columbia does not re-sign or reissue it, or if DDOT terminates the agreement, no vehicles registered to the point-to-point car-sharing company may be parked in any residential permit parking zone past the time allowed for vehicles without a residential permit parking sticker or be parked at a meter without paying the applicable fee; and

The point-to-point car-sharing company shall provide DDOT with data on a quarterly basis to help evaluate the impact of the program. DDOT shall provide the point-to-point car-sharing company with the specific performance measures and the dates that information shall be provided to DDOT. The performance measures may include:

D.C. Membership and rate-of-growth;

Geographical distribution of membership in a format that DDOT determines;

Utilization per vehicle per month for each vehicle;

Annual membership survey including questions regarding:

The number of cars owned by the members prior to membership;

The number of cars owned by the member at the time of the survey;

If the purchase of a vehicle planned prior to membership was subsequently abandoned due to membership;

If miles regularly traveled by the member increased, declined or remained the same after membership;

Whether walking, biking and transit trips by the member increased, declined or remained the same after membership; and

How trips would have been taken if a car-sharing vehicle were not available.

2406.19 The Director of the District Department of Transportation shall coordinate with the Fire and Emergency Medical Services Department (“FEMS”) to ensure adequate parking at District firehouses and fire stations.

2406.20 If a firehouse or fire station does not have adequate on-site parking to accommodate the personnel of one on-duty platoon, the Director of the District Department of Transportation may reserve parking within a distance not to exceed sixty feet (60 ft.) along the curb in front of, behind, or alongside of any building occupied by a firehouse or fire station for vehicles bearing special permits for FEMS personnel; provided, that the Director of the District Department of Transportation shall only reserve parking pursuant to this subsection to the extent necessary to accommodate parking at each firehouse or fire station for the personnel of one on-duty platoon.

2406.21 The Director is authorized to establish reserved on-street parking spaces for the exclusive use of charging electric vehicles (“electric vehicle charging spaces”) and to reserve space on the sidewalk and street for electric vehicle charging stations and associated equipment, through the issuance in accordance with 24 DCMR 226 of a Public Space Occupancy Permit to a charging station vendor.

2406.22 An electric vehicle charging space established pursuant to § 2406.21 shall not:

Extend more than twenty (20) feet in length;

Be located where parking is currently prohibited including blocks with rush hour and snow emergency restrictions; or

Be located at a metered space reserved for individuals with disabilities, unless the metered space is relocated at the cost of the applicant and approved by DDOT.

2406.23 For every two (2) charging stations installed in the Central Business District by a charging station vendor, seven (7) charging stations, each serving at least two (2) spaces, must be installed outside the Central Business District by the charging station vendor until the charging station vendor has installed one (1) electric vehicle charging station, serving at least two (2) spaces, in each ward.

2406.24 A vendor’s permit application for its fifteenth (15th) or later charging station shall not be approved unless the vendor has installed and maintains one (1) electric vehicle charging station, serving at least two (2) spaces, in each ward.

2406.25 An electric vehicle charging station shall:

Be located outside of a tree box;

Be located ten (10) feet or more from a fire hydrant;

Be located twenty-five (25) feet or more from a marked or unmarked intersection;

Be located so that it does not protrude into a roadway or a bike lane;

Be so located as to ensure compliance with the minimum pedestrian clearance widths as set forth in the District Department of Transportation Design and Engineering Manual; and

Display the contact information of the vendor to report any issues.

2406.26 Electric vehicle supply equipment placed on a sidewalk that supplies an on-street electric vehicle charging station shall not interfere with the minimum pedestrian clearance widths as set forth in the District Department of Transportation Design and Engineering Manual;

2406.27 Cords, cables, and connector equipment of a charging station shall not be placed in such a manner as to extend across the path of travel within the sidewalk or walkway whether or not in use by an electric vehicle.

2406.28 The following rules shall apply to the use by the public of electric vehicle parking spaces and charging stations and violation of this subsection shall be subject to the fines set forth in 18 DCMR §2601:

Parking in electric vehicle charging spaces is permitted only for electric vehicles and plug-in hybrids and only in accordance with the guidelines provided on the charging station.

An electric vehicle may park in an electric vehicle charging space only while the vehicle is plugged in to the charging station.

An electric vehicle may park in an electric vehicle charging space for no more than a total of four (4) hours between 9:00 a.m. and 8:00 p.m. on any calendar day.

A vehicle occupying an electric vehicle charging space shall pay any applicable charging fee required by the charging station vendor.

In addition to all other applicable fees, a person parking a vehicle an electric vehicle charging space shall be assessed a one dollar ($1.00) per hour fee for the use of public space while charging the vehicle and ten dollars ($10.00) per hour while not charging between 9:00 a.m. and 8:00 p.m. on any calendar day.

History

SOURCE: Final Rulemaking published at 52 DCR 4744 (May 20, 2005); as amended by the Parking Amendment Act of 2006, effective November 16, 2006 (D.C. Law 16-0175; 53 DCR 6499 (August 11, 2006)); as amended by Final Rulemaking published at 58 DCR 5338 (June 24, 2011); as amended by Final Rulemaking published at 58 DCR 10635, 10636 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 11236 (August 2, 2013); as amended by the Firehouse Parking Exception Regulation Amendment Act of 2016, effective June 17, 2016 (D.C. Law 21-121; 63 DCR 006862 (May 6, 2016)); as amended by Final Rulemaking published at 63 DCR 11887 (September 30, 2016); as amended by Final Rulemaking published at 66 DCR 10584 (August 16, 2019); as amended by Final Rulemaking published at 67 DCR 4555 (April 24, 2020); as amended by Final Rulemaking published at 69 DCR 003138 (April 8, 2022); as amended by Final Rulemaking published at 72 DCR 001689 (February 21, 2025). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2406

18 DCMR § 2407 TEMPORARY AND EMERGENCY PARKING RESTRICTIONS

2407.1 Whenever by reason of the scheduled assembly of a large number of persons at any public or semi-public building, embassy, legation, stadium, or other place of assembly, it is determined that the free flow of traffic upon the street or streets leading to or from the building, embassy, legation, stadium or other place of assembly, is or will be impeded by reason of the parking of vehicles, parking shall be prohibited (or restricted) on the street(s) during the hours that the free flow of traffic is or will be impeded by parking.

2407.2 Whenever construction work upon or adjacent to any highway causes the width of the roadway to be reduced, parking shall be prohibited upon the roadway adjacent to and for a reasonable distance on either side of the construction work. If it is determined that the reduced roadway width will impede the flow of traffic except where the highway is physically divided into separate roadways carrying traffic in opposite directions, parking shall also be prohibited on the side of the roadway opposite to and for a reasonable distance on either side of the construction work.

2407.3 The Director may have signs erected adjacent to a funeral home indicating a prohibition of parking in front of one (1) entrance to each such establishment; Provided, that the space indicated by such signs shall not exceed the width of the place of business of the funeral director or sixty feet (60 ft.), whichever is shorter.

2407.4 Upon the erection of signs prohibiting parking during a funeral, parking shall be prohibited as indicated on the signs, except that vehicles which are part of a funeral cortege may park within the space not more than one (1) hour before and during the funeral.

2407.5 In addition to the areas set forth in § 2407.3, parking shall be prohibited on streets adjacent to houses or establishments from which funerals are to be conducted for a reasonable time before and during the service, within the area that it is found necessary to park vehicles which are part of the funeral cortege.

2407.6 Parking shall be prohibited in places upon highways where trucks, moving vans or other vehicles are required to remain for commercial operations; Provided, that such parking prohibition shall be used only if it is determined that the parking of these vehicles abreast of other parked vehicles would reduce the roadway available for the flow of traffic on that side of the highway to twenty feet (20 ft.) or less; Provided further, that such prohibition of parking shall not continue for such purpose beyond eight (8) hours at any one time.

2407.7 Parking shall be prohibited on streets for which parade permits have been issued by the Chief of Police, including streets necessary for assembling and disbanding of parades, for a reasonable time prior to, during, and for a reasonable time after such parades.

2407.8 When, as a result of the closing of any street to traffic by reason of a parade or emergency conditions, the flow of traffic on adjacent streets is or will be increased, or it is found that the free flow of traffic upon the adjacent streets is or will be impeded due to the parking of vehicles, parking shall be prohibited during such hours that it is found that the free flow of traffic is or will be impeded.

2407.9 [REPEALED]

2407.10 [REPEALED]

2407.11 [REPEALED]

2407.12 Whenever a special events parking permit placard has been issued to allow parking in a specified restricted area or on a specified restricted street or portion thereof, the placard must be displayed on the left side of the dashboard of the vehicle so that it is clearly visible from the outside of the vehicle.

2407.13 Notwithstanding § 2407.1, the Director is authorized to grant applications to reserve no more than four (4) parking spaces for no more than sixteen (16) hours at or near the entrance of a building where a wedding or funeral is being held. For purposes of this section, a parking space is twenty-two (22) feet long.

2407.14 Notwithstanding § 2407.2, the Director is authorized to grant applications to prohibit parking at or near construction sites and other places necessary to protect the health or safety of the public.

2407.15 If the Director grants an application pursuant to § 2407.4, 2407.5, 2407.13 or 2407.14, the applicant may be issued the applicable parking prohibition or reservation signs upon payment of the fee established in § 2407.20. If the application is accepted and the fee paid, the Director shall issue a permit indicating the number of signs allowed and the time by which the signs must be removed. However, nothing in this section grants authority for permit holders to park in areas with posted parking restrictions that prohibit parking or to park in areas from 12 midnight to 5 a.m. The Director may, in his discretion, waive the restrictions associated with prohibited or reserved parking signs in this section.

2407.16 Any permit holder who fails to remove a sign after the expiration time stated on the permit shall be subject to a civil fine for each additional day the sign is not removed equal to $ 25 per day, per sign, plus the Department's costs of removing the unlawful sign.

2407.17 No person, other than a permit holder or the representative of a permit holder or contractor of an authorized agency of the District of Columbia may install or remove a sign on public space that prohibits or reserves parking. Any person violating this subsection shall be subject to a civil fine of $ 100 per day for each day that an unauthorized sign remains installed or removed during its authorized posting period plus the Department's costs of removing the unlawful sign or reissuing an authorized sign.

2407.18 No person may vandalize or deface a sign in public space that prohibits or reserves parking. Any person violating this subsection shall be subject to a civil fine of $ 100 for the 1st violation, $ 200 for the 2nd violation, and $ 400 for the 3rd and subsequent violations.

2407.19 The Department may remove any sign installed or remaining on public space in violation of §§ 2407.16 and 2407.17, which violation shall be enforced and adjudicated pursuant to the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.)

2407.20 The fee to reserve parking pursuant to § 2407.13 or to prohibit parking pursuant to § 2407.14 shall be equal to the number of hours in which parking is to be reserved or prohibited multiplied by the number of spaces reserved and further multiplied by the hourly metered rate set forth in § 2404 applicable to the spaces. If signs are to be displayed on a non-metered street, the rate for the signs shall be the same as that of the lowest meter rate assessed in the District as set forth in § 2404.

2407.21 The fee to be paid pursuant to § 2407.20 shall be increased as follows:

(a) The fee to reserve parking spaces pursuant to § 2407.13 shall be increased by fifteen percent (15%) if the applicant requests to reserve parking for more than eight (8) and less than sixteen (16) hours; and

(b) The fee to prohibit parking pursuant to § 2407.14 shall be increased if the applicant requests to prohibit parking for more than eight (8) months as follows:

Additional months Increase

9 to 14 25%

15 to 20 50%

Each additional 6 months an additional 25%

2407.22 The Director may, by rulemaking, increase the fees to cover the costs of producing and issuing the signs and of enforcing the provisions of this section in accordance with section 6 of the Parking Amendment Act of 2006, passed on 2nd reading on July 11, 2006 (Enrolled version of Bill 16-536).

2407.23 Whenever a sign is erected indicating that parking is prohibited or reserved under this section, it shall be unlawful to park any unauthorized vehicle in violation of the parking restrictions stated on the sign.

2407.24 A Sign prohibiting or reserving parking shall be erected at least 24 hours in advance in a non-residentially zoned area. If a sign is erected in a residentially zoned area, the sign prohibiting or reserving parking shall be erected at least 72 hours in advance. The Director for extraordinary circumstances shown may waive this required advance notice for good cause.

2407.25 Signs prohibiting or reserving parking shall be consistent with the design approved by the Director and shall display the following:

(a) Sign number;

(b) Name of the issuing agency;

(d) Duration of the parking reservation or prohibition;

(e) Hours of the parking reservation or prohibition;

(f) Specific person or entity permitted to park in the location, if applicable; and

(g) Such other information as is required by the Director.

2407.26 Whenever a special events parking permit sticker has been issued to allow parking in a specified restricted area or on a specified restricted street or portion of that street, to be valid the permit shall be affixed by its own adhesive to the lower left (driver's) side of the windshield so that it is clearly visible through the windshield of the vehicle. Expired permits shall not be left visible on a vehicle.

2407.27 Whenever a special events parking permit placard has been issued to allow parking in a specified restricted area or on a specified restricted street or portion thereof, the placard must be displayed on the left side of the dashboard of the vehicle so that it is clearly visible from the outside of the vehicle.

2407.28 Parking shall be prohibited on streets for which Farmers’ Market permits have been issued by the Director.

2407.29 The District shall not charge a fee under this section to any non-government organization operating a Farmers’ Market; provided, that the Farmers’ Market participates in the Farmers Market Nutrition Program as defined in 42 USC § 1786(m)(1) (“FMNP”), and the Supplemental Nutrition Assistance Program as defined in 7 USC § 2012(t) (“SNAP”).

2407.30 The District shall charge a fee equal to the fee established in Subsection 2407.20 to a Farmers’ Market operated by a District Government agency or Federal Government agency regardless of participation in FMNP and SNAP.

History

SOURCE: Final Rulemaking published at 53 DCR 5515 (July 7, 2006); and as amended by D.C. Act 16-453 published at 53 DCR 6499 (August 11, 2006); as amended by Final Rulemaking published at 65 DCR 8553 (August 17, 2018). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2407

18 DCMR § 2408 PROCEDURES FOR POSTING TEMPORARY OR EMERGENCY PARKING RESTRICTIONS

2408.1 Whenever any District Agency authorized to prohibit or reserve parking on a temporary or emergency basis does so, a record shall be made by entering the information required in § 2407.21 into a record-keeping system that shall be created and maintained by the Department.

2408.2 [REPEALED]

2408.3 Whenever, the erection of signs, ropes, cables, or other barricades is required under the provisions of § 2407, the services of the members of the Metropolitan Police Department, the Department of Public Works, and the Department of Consumer and Regulatory Affairs, Environmental Regulation Administration may be employed for such purpose.

2408.4 Whenever the Director is authorized to erect signs under certain emergency conditions in accordance with § 2407, the failure to comply with the requirement that such signs shall be erected “at least the length of time in advance that parking is normally legally permitted” shall not authorize the further parking of vehicles after the actual erection of such signs, except those vehicles which are authorized to park after the erection of signs.

History

SOURCE: D.C. Act 16-453 published at 53 DCR 6499 (August 11, 2006).

18 DCMR § 2409 Restricted Use of VALET STAGING ZONES, Taxicab STANDS, AND Public TRANSIT BUS STOPS, Zones, and Stands

2409.1 The Director may:

(a) Prohibit parking and/or standing at public transit bus stops, zones, and stands; taxicab stands; and valet staging zones;

(b) Determine the dimensions of the area where parking and/or standing at such stops, zones, and stands will be prohibited; and

2409.2 No person shall stop, stand, or park a vehicle other than an authorized public transit bus in a bus zone or bus stand, except for the specific time, purpose, and location explicitly allowed by official signage or a permit issued by the Director, and except when necessary to avoid conflict with other traffic, or at the direction of a police officer or traffic control device, provided that:

A person may momentarily stop a school bus in a bus zone to pick up or discharge a passenger or passengers; and

A person may stop, stand, or park a maintenance vehicle in a bus zone while making or supervising a service or repair to a vehicle or infrastructure or responding to an emergency.

2409.3 Except as provided in § 2409.4, no person shall stop, stand, or park a vehicle in a valet staging zone unless authorized to do so; or in a taxicab stand, other than a taxicab authorized to use the taxicab stand.

2409.4 A person may momentarily stop a vehicle not otherwise authorized by § 2409.3 in an area described in § 2409.3 for the purpose of and while picking up or discharging passengers, provided that:

Such stopping does not interfere with any vehicle about to enter or exit the stop, stand, or zone designated for the use of such vehicle; and

The driver stopping the vehicle remains inside or with their vehicle.

2409.5 [REPEALED].

2409.6 The prohibition against stopping, parking, or standing at stops, zones, and stands designated for public transit buses, taxicabs, or valet staging shall be effective at all times, unless a less restricted time period is designated by an official sign.

History

SOURCE: Commissioners’ Order 274, 310/949, effective September 1, 1949; 17 DCRR §§ 86(e), (f); as amended by Final Rulemaking published at 53 DCR 5516 (July 7, 2006); as amended by Emergency Rulemaking published at 55 DCR 6221 (May 30, 2008)[EXPIRED]; as amended by Emergency Rulemaking published at 55 DCR 10030 (September 26, 2008)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 79 (January 2, 2009); as amended by Emergency and Proposed Rulemaking published at 57 DCR 5059 (June 11, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8024 (September 3, 2010); as amended by Final Rulemaking published at 62 DCR 14092 (October 30, 2015); as amended by Final Rulemaking published at 70 DCR 015111 (November 17, 2023). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2409

18 DCMR § 2411 [RESERVED]

History

SOURCE: The Residential Permit Parking Area Amendment Act of 2002, effective June 28, 2002 (D.C. Law 14-167; 49 DCR 4475 (May 17, 2002); as amended by the Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; 50 DCR 6579 (August 15, 2003)); as amended by Final Rulemaking published at 51 DCR 4774 (May 7, 2004); as amended by the Parking Enhancement Amendment Act of 2006, effective November 16, 2006 (D.C. Law 16-186; 53 DCR 6719 (August 18, 2006)); as amended by Final Rulemaking published at 55 DCR 006866 (June 20, 2008); as amended by Final Rulemaking published at 55 DCR 7993 (July 25, 2008); as amended by Final Rulemaking published at 56 DCR 9215 (December 4, 2009); as amended by the Ward Redistricting Amendment Act of 2011, effective November 16, 2011 (D.C. Law 19-38; 58 DCR 5823 (July 15, 2011)); as amended by Final Rulemaking published 59 DCR 537 (January 27, 2012); as amended by the Motorized Bicycle Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-290; 60 DCR 2343 (March 1, 2013)); as amended by Final Rulemaking published at 61 DCR 11212 (October 24, 2014); as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2411

18 DCMR § 2412 [RESERVED]

History

SOURCE: D.C. Act 14-356 published at 49 DCR 4475 (May 17, 2002); as amended by Final Rulemaking published at 55 DCR 003972 (April 11, 2008); and as amended by Final Rulemaking published at 55 DCR 7793 (July 25, 2008).; as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2412

18 DCMR § 2413 [RESERVED]

History

SOURCE: D.C. ACT 13-459 published at 48 DCR 9435 (December 1, 2001); as amended by Final Rulemaking published at 55 DCR 003972 (April 11, 2008); and as amended by Final Rulemaking published at 55 DCR 7793 (July 25, 2008); .as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2413

18 DCMR § 2414 ANNUAL VISITOR PARKING PASSES AND TEMPORARY PARKING PERMITS

2414.1 The Director may issue temporary visitor parking permits to a housing unit on a residential permit parking block, for use by visitors to the housing unit; provided, that the Director may not issue temporary visitor parking permits to a housing unit that, in the aggregate, are valid for a period of time in excess of ninety (90) days per calendar year.

2414.2 The Director may issue a temporary home health care provider parking permit to a housing unit on a residential permit parking block, valid for a period of up to one hundred and eighty (180) days, for use by a home health care provider providing service to a resident of the housing unit as warranted by the resident’s medical necessity.

2414.3 The issuance of a temporary home health care provider parking permit under § 2414.2 shall not count against a housing unit’s ninety (90)-day per calendar year limit for temporary visitor parking permits under § 2414.1.

2414.4 The Director may issue one (1) annual visitor parking pass per twelve (12) month period to a housing unit located on a residential permit parking block or an ERPP block as defined by § 2438. The annual visitor parking pass shall be valid for each day of that twelve (12) month period, for use by visitors to the housing unit.

To obtain a pass or permit under this section, a resident of an eligible housing unit shall:

Submit an application, either online or over the telephone, in a format provided by DDOT; and

Provide proof of residency at the housing unit.

Each pass or permit issued under this section shall authorize the person using the pass or permit to park a vehicle only in the area designated on or by the pass.

The area designated on or by the pass or permit shall be the geographic area of the ANC in which the housing unit for which the pass or permit is issued is located.

Each pass or permit issued under this section may be used within the area designated on the pass even if the motor vehicle using the permit or pass displays a residential permit parking sticker for another zone.

The Director may issue a permit or pass described in this section in a physical or electronic form.

A person’s use of a permit or pass under this section shall be valid only if:

The person using the permit or pass is visiting the housing unit for which the pass was issued;

The vehicle using the pass or permit is parked within the geographic area designated on or by the pass or permit;

The vehicle using the pass or permit is parked in a location where it would be valid for a vehicle with a residential permit parking sticker to be parked at that date and time; and

In the case of a physical permit or pass only, the permit or pass is clearly displayed on the driver side of the vehicle dashboard so that the following information is visible from outside the vehicle:

The designated geographic area within which a vehicle displaying the permit or pass is authorized to park;

The dates or time period during which the permit or pass is valid; and

For a temporary visitor parking permit or temporary home health care provider parking permit, the license plate information of the vehicle for which the permit or pass was issued.

2414.11 The forgery, counterfeiting, sale, exchange for value, or unauthorized use or replication of a permit or pass described in this section shall be punishable by a fine of three hundred dollars ($300).

2414.12 Notwithstanding subsections 2414.4 and 2414.9:

Any annual visitor parking permit valid through December 31, 2020, shall expire December 31, 2022.

DDOT shall make a physical visitor parking pass to eligible residents at no cost, which shall be valid until December 31, 2022.

A resident shall be considered eligible for a visitor parking pass under this paragraph when the resident complies with subsection 2414.5 and certifies to DDOT that they do not currently possess a visitor parking pass for calendar year 2020.

History

SOURCE: The Parking Enhancement Amendment Act of 2006, effective November 16, 2006 (D.C. Law 16-186; 53 DCR 6719 (August 18, 2006)); as amended by Final Rulemaking published at 54 DCR 10066 (October 19, 2007); as amended by Final Rulemaking published at 55 DCR 003972 (April 11, 2008); as amended by Final Rulemaking published at 55 DCR 7993 (July 25, 2008); as amended by Final Rulemaking published at 55 DCR 12906 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 1812 (February 27, 2009); as amended by Final Rulemaking published at 59 DCR 13365 (November 23, 2012); as amended by Final Rulemaking published at 61 DCR 10573 (October 10, 2014); as amended by Final Rulemaking published at 61 DCR 11212 (October 24, 2014); as amended by the Temporary Parking Permit Limitation Regulation Amendment Act of 2018, effective March 28, 2019 (D.C. Law 22-0270; 66 DCR 1444 (February 1, 2019)); as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019); as amended by the Temporary Visitor Parking Permit Program Transfer Regulation Amendment Act of 2019, effective January 1, 2020 (D.C. Law 23-0016; 66 DCR 8621 (July 26, 2019 – part 1)); as amended by Final Rulemaking published at 68 DCR 3327 (March 26, 2021); as amended by the Fiscal Year 2023 Budget Support Act of 2022, effective September 21, 2022 (D.C. Law 24-0167; 69 DCR 009223 (July 29, 2022)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2414

18 DCMR § 2415 FEES FOR STICKERS OR PERMITS

2415.1 The Director may establish a fee for residential permit parking stickers, visitor permits, and temporary permits.

2415.2 The Director may establish a fee for the replacement of stickers or permits, but the fee may not exceed the cost of the original sticker or permit.

2415.3 (a) The fee for a one-year residential permit parking sticker shall be:

$55 annually for the first vehicle permitted per legal mailing address,

$80 for the second vehicle permitted per legal mailing address,

$115 for the third vehicle permitted per legal mailing address; and

$175 for any fourth or subsequent vehicle permitted per legal mailing address.

(b) Notwithstanding paragraph (a) of this subsection, permits issued to residents sixty-five (65) years of age or older shall be $35 annually for the first vehicle permitted per legal mailing address.

History

SOURCE: Section 2(m)(1) of the Residential Permit Parking Regulation Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-185; 32 DCR 859, 868 (February 15, 1985)); as amended by Final Rulemaking published at 38 DCR 2759 (May 10, 1991); as amended by Section 6092 of the Fiscal Year 2012 Budget Support Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226, 6300 (July 29, 2011)); as amended by the Residential Parking Permit Amendment Act of 2019, effective September 11, 2019 (D.C. Law 23-0016; 66 DCR 8621 (July 26, 2019 – part 1)); as amended by the Fiscal Year 2026 Budget Support Act of 2025, effective December 6, 2025 (D.C. Law 26-55; 72 DCR 009825 (September 12, 2025)). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2415

18 DCMR § 2416 PENALTY

2416.1 It shall be a violation of the provisions of §§ 2414, 2415, and 2432 through 2441, for any person to falsely represent himself or herself as eligible for a residential permit parking sticker or permit, annual visitor parking pass, or temporary visitor parking permit, or to furnish any false information in an application for a residential permit parking sticker or permit, annual visitor parking pass, or temporary visitor parking permit. A violation of this subsection shall be punishable by a fine of three hundred dollars ($300) and any sticker or permit issued as a result of false information shall be void.

2416.2 The Director or the Chief of Police shall be authorized to revoke a residential permit parking sticker or permit, visitor permit, or temporary permit found to be in violation of this chapter, and upon written notification of the revocation, the sticker or permit holder shall surrender the sticker or permit to the Director or the Chief of Police.

2416.3 Failure, when requested, to surrender a residential permit parking sticker or permit, annual visitor parking pass, or temporary visitor parking permit revoked by the Director or the Chief of Police shall constitute a violation of the provisions under §§ 2414, 2415, and 2432 through 2441.

2416.4 Any person who violates any of the provisions of §§ 2414, 2415, and 2432 through 2441 shall, upon determination of liability, be subject to a civil fine established pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code §§ 50-2301.01 et seq.).

History

SOURCE: D.C. Act 16-464 published at 53 DCR 6719, 6720 (August 18, 2006); as amended by Final Rulemaking published at 66 DCR 10565 (August 16, 2019). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2416

18 DCMR § 2417 SNOW EMERGENCY PARKING REGULATIONS

2417.1 In addition to the Severe Weather Traffic Controls contained in § 2219, whenever snow, sleet, or freezing rain is creating a condition making it necessary to prohibit the parking of motor vehicles on Snow Emergency Routes, or whenever on the basis of a firm forecast by the United States Weather Bureau of snow, sleet, or freezing rain such that the weather conditions so forecast may create a condition making it necessary to prohibit the parking of motor vehicles on Snow Emergency Routes, the Director shall be authorized to declare a snow emergency so as to prohibit parking on Snow Emergency Routes. This prohibition shall become effective not less than one (1) hour after the announcement or at a later time specified by the Director so as to prohibit the parking on any or all of the following streets:

(a) Designated Snow Emergency Routes as listed in § 4024;

(b) The “Even” and “Odd” sides of designated Snow Emergency Routes; and

(c) The side of designated Snow Emergency Routes streets with an “a.m.” or “p.m.” rush hour, “no standing” or “no parking” restriction.

2417.2 After the effective time of the prohibition, no person shall park any vehicle or permit any vehicle to remain parked on a Snow Emergency Route; Provided, that if a fall of snow, sleet, or freezing rain occurs after 11:30 p.m., and prior to 7:00 a.m., and the Director has not announced, prior to 11:30 p.m., that parking on Snow Emergency Routes is prohibited after a specified time, a vehicle parked on a Snow Emergency Route may remain so parked until 7:00 a.m.

2417.3 The prohibition of parking announced by the Director under the authority of this section shall remain in effect until the Director announces the termination of the snow emergency, in part or in whole, after which the prohibition of parking authorized by this section shall no longer be in effect.

2417.4 The Director shall make or cause to be made a record of the date and time when the announcement of a parking prohibition is first made to the public in accordance with the requirements of this section; and the date, time, and conditions of any announcement made to the public of the termination of a snow emergency parking prohibition, either in part or in whole, in accordance with the provisions of this section.

2417.5 Announcement of a snow emergency parking prohibition shall be in accordance with the following requirements:

(a) Each parking prohibition announcement by the Director shall be made between the hours of 6:00 a.m. and 11:00 p.m., by means of broadcasts or telecasts from not less than two (2) radio or television stations with a normal operating range covering the District of Columbia;

(b) Announcements shall, if possible, also be made through newspapers of general circulation; and

2417.6 Whenever the Director finds that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he or she shall be authorized to declare the termination of the emergency, in part or in whole, effective immediately upon announcement, except that if the announcement is made other than between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.

2417.7 [Deleted] 35 DCR 789, 790 (February 5, 1988)

2417.8 Notwithstanding any other provisions of this title, any unattended vehicle parked on any Snow Emergency Route when the parking prohibition is in effect pursuant to § 2417 of this of this title, may be removed from such route in accordance with § 2421 of this title.

History

SOURCE: Final Rulemaking published at 35 DCR 789, 790 (February 5, 1988).

18 DCMR § 2418 MISCELLANEOUS NON-MOVING VIOLATIONS

2418.1 No persons driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake.

2418.2 In addition to the requirements of § 2418.1, whenever a motor vehicle is standing on a grade, the driver or person in charge of the vehicle shall not permit it to stand unattended without first turning the front wheels to the curb or side of the highway.

2418.3 No person owning, operating, or having control over the engine of a gasoline or diesel powered motor vehicle on public or private space, including the engine of a public vehicles for hire, buses with a seating capacity of twelve (12) or more persons, and school buses or any vehicle transporting students, shall allow that engine to idle for more than three (3) minutes while the motor vehicle is parked, stopped, or standing, including for the purpose of operating air conditioning equipment in those vehicles, except as follows:

(a) To operate private passenger vehicles;

(b) To operate power takeoff equipment, including dumping, cement mixers, refrigeration systems, content delivery, winches, or shredders; or

(c) To idle the engine for no more than five (5) minutes to operate heating equipment when the ambient air temperature is thirty-two degrees Fahrenheit (32° F) or below.

2418.4 No person shall throw or deposit upon any street, highway, sidewalk, or alley, any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the street, highway, sidewalk, or alleyway.

2418.5 Any person who drops, or permits to be dropped or thrown, upon any street, highway, sidewalk, or alley, any destructive or injurious material, shall immediately remove the same or cause it to be removed.

2418.6 Any person removing a wrecked or damaged vehicle from a street, highway, sidewalk, or alley shall remove any glass or other injurious substance dropped upon the street, highway, sidewalk, or alley from the vehicle.

2418.7 A horse shall not be left unbridled or unattended in a street or unenclosed space, public or private, without being securely fastened or unless harnessed to a vehicle with wheels so secured as to prevent its being dragged faster than a walk.

2418.8 No person shall stop, stand, or park a vehicle on a street that has been designated a play street or closed to vehicular traffic except as specifically directed to do so by a police officer or other law enforcement or public safety official or by an official traffic control device.

History

SOURCE: Commissioners’ Order 274, 310/949, effective September 1, 1949; 17 DCRR §§ 98, 99.1, 103(a)-(c), 114(a) (October 19, 1970); as amended by the Motor Vehicle Excessive Idling Fine Increase Amendment Act of 1999, effective October 7, 1999 (D.C. Law 13-035; 46 DCR 6017 (July 23, 1999)); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 62 DCR 14092 (October 30, 2015). District of Columbia Municipal Regulations Vehicles and Traffic 18 DCMR § 2418

18 DCMR § 2419 MUNICIPAL CENTER PARKING RESTRICTIONS

2419.1 No motor vehicle, either public or private, shall be left standing or parked, whether attended or unattended, in any place or space in the Municipal Center area described in this section, except in a place or space assigned to the vehicle, and when bearing an identification sticker or permit issued by the Mayor or his or her designee.

2419.2 The provisions of this section shall be applicable to the following Municipal Center parking areas:

(a) East Parking Plaza of the East Administration Building;

(b) Official Parking Area 2, also known as the Detective Bureau Parking Lot, located on Square 490 immediately west of the East Administration Building;

(d) Official Parking Area 6, located on Square 491 immediately in the rear of and adjacent to the premises known as 499 Pennsylvania Avenue, N.W.; and

(e) Official Parking Area 7, located on Square 491 at the Southwest corner of John Marshall Place and C Street, N.W. except that official District-owned vehicles may be parked in this area irrespective of the identification sticker and permit provisions of this section.

2419.3 No motor vehicle, either public or private, shall be left standing or parked, whether attended or unattended, in any basement parking area of the East Administration Building without the express permission of the Mayor or his or her designee.

2419.4 Any person who violates the provisions of this section shall, upon conviction, be punished by a fine of not more than twenty-five dollars ($25) or imprisonment for not more than ten (10) days.

18 DCMR § 2420 OFFICIAL PARKING PERMITS AND SPACES

2420.1 Government officials parking in official parking areas shall display, in a conspicuous place behind the windshield of their vehicle, an “Official Parking Permit” which is issued by the Director.

2420.2 The holder of a special parking permit issued in accordance with paragraph (e), § 6, of the District of Columbia Traffic Act, shall not do any of the following:

(a) Park a vehicle in any reserved official space less than four (4) blocks from any building in which he or she is permanently or regularly assigned or employed;

(b) Park a vehicle in any reserved official space at any time in violation of existing traffic regulations otherwise applicable to the area in which the space is located; or

2420.3 An Advisory Neighborhood Commissioner while on official business and occupying a vehicle displaying an ANC parking placard distributed pursuant to D.C. Official Code § 1-309.12 may park the vehicle at any:

(a) Parking meter without the requirement of payment of meter fees under 18 DCMR 2404.06;

(b) Timed-limit curbside space including Residential Permit Parking areas; or

2420.4 Nothing in § 2420.3 shall be construed as authorizing Advisory Neighborhood Commissioners to park a motor vehicle in any place where or during any times when the stopping, standing, or parking of motor vehicles is prohibited or set aside for specified types of vehicles, nor exempt the holder from the observance of any traffic regulation other than those mentioned in 2420.3.

2420.5 Any person who willfully and falsely commits any of the following acts shall be considered in violation of this chapter:

(a) Utilizes an ANC placard or license plate not issued to that person to obtain the special parking privileges enumerated in this chapter; or

(b) Allows a non-ANC Commissioner to use his or her placard or license plate to obtain parking privileges when the ANC Commissioner is not in the motor vehicle; or

2420.6 The Director is authorized to revoke the ANC parking privileges of any individual found to be in violation of this chapter. Upon written notification of the revocation the individual shall surrender the placard to the Director.

2420.7 Failure to surrender a revoked parking placard shall constitute a violation of this chapter.

2420.8 An ANC parking placard shall be issued upon request of an Advisory Neighborhood Commissioner and shall be valid for a period of two years or until the Commissioner’s term ends, whichever is the first to occur, and may be renewed for a similar period for so long as the Commissioner remains in office.

History

SOURCE: Final Rulemaking published at 51 DCR 3438 (April 2, 2004).

18 DCMR § 2421 IMPOUNDMENT OF VEHICLES FOR VIOLATIONS

2421.1 Any unattended vehicle found parked in violation of any traffic regulation, except overtime parking of less than twenty-four (24) hours, may, by or under the direction of a member or members of the Metropolitan Police force or employees of the Department of Public Works, either by towing or otherwise, be removed or conveyed to any street where parking is not prohibited (except for more than eighteen (18) hours) or be removed or conveyed to and impounded in or at the police precinct station of the police precinct in which the vehicle may be found, or any other place designated by the Director. The Director may authorize a vehicle to be towed by, or impounded at a facility operated by, a private tow crane operator.

2421.2 The notice, reclamation, and disposition procedures and towing and storage fees set forth in sections 6 through 10 of the Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code §§ 50-2421.06 through 50-2421.10), shall apply to any vehicle impounded pursuant to this section at a District government impoundment facility.

2421.3 [REPEALED]

2421.4 [REPEALED]

2421.5 [REPEALED]

2421.6 [REPEALED]

2421.7 The owner or lien holder (or a person duly authorized by either) of an impounded vehicle with expired registration or reciprocity permit shall, in addition to satisfying the requirements in § 9 of the Removal and Disposition of Abandoned and other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35, D.C. Official Code 50-2421.09 (2001)), either surrender their tags or reciprocity permit and tow the vehicle from the impoundment lot, or present proof of the issuance of valid registration, a valid special use identification tag, or a valid reciprocity permit.

2421.8 The notice, reclamation, and disposition procedures set forth in sections 7, 8, 9(a)(5), (a)(6), and (b), 10, and 11 of the Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code §§ 50-2421.07, 50-2421.08, 50-2421.09(a)(5), (a)(6), and (b), 50-2421.10 and 50-2421.11), shall apply to any vehicle impounded under this section at a privately operated storage facility.

2421.9 If, after a vehicle is reclaimed under subsection 2421.8, the notice of infraction that provided the basis for the impoundment is dismissed by an appropriate administrative tribunal or court, the vehicle owner or operator shall be refunded the cost of booting, towing, and vehicle storage fees paid to reclaim the vehicle.

History

SOURCE: D.C. Act 15-113 published at 50 DCR 6579 (August 15, 2003); as amended by Final Rulemaking published at 52 DCR 5759 (Jun 17, 2005); and as amended by D.C. Act 17-591 published at 55 DCR 12803 (December 26, 2008).

18 DCMR § 2423 STREET CLEANING PARKING PROVISIONS

2423.1 No person shall park any vehicle or permit any vehicle to remain parked during the times and days indicated on a Street Cleaning Route.

2423.2 Parking prohibitions for street cleaning shall override any less restrictive parking privileges at designated locations during the times and days specified, except for parking restrictions imposed by the District during snow emergencies on designated snow emergency routes.

2423.3 When the opposite blockface is restricted for street cleaning purposes, parking shall be allowed on designated streets that are otherwise restricted during the times and days specified.

18 DCMR § 2424 PERFORMANCE PARKING ZONE

2424.1 The regulations in this § 2424 do not guarantee or reserve curbside parking to any individual or class of drivers within the Ballpark Performance Parking Zone.

2424.2 The Ballpark Performance Parking Zone is designated as the area bounded by:

(a) The Southeast/Southwest Freeway on the north, 10 Street, S.E. on the east, 12th Street, S.W. on the west, and the Washington Channel and Anacostia River on the south, including both sides of boundary streets, but not including the Southeast/Southwest Freeway; and

(b) East Capitol Street on the north, 11th Street, S.E. on the east, Washington Avenue, S.W. and South Capitol Street on the west, and the Southeast/Southwest Freeway on the south, including both sides of boundary streets, but not including the Southeast/Southwest Freeway.

2424.3 To identify locations therein, the Ballpark Performance Parking Zone is divided into three smaller zones as follows:

(a) Zone A: South of Southeast/Southwest Freeway, east of 12th Street, S.W., north of the Anacostia River and Washington Channel, and west of South Capitol Street;

(b) Zone B: South of Virginia Avenue, S.E., east of South Capitol Street, north of the Anacostia River, and west of 10th Street, S.E.; and

(c) Zone C: South of East Capitol Street, east of South Capitol Street, Virginia Avenue, S.E. and north, and west of 10th Street S.E.

(d) A map of the Ballpark Performance Parking Zone denoting Zones A, B, and C is attached as Appendix 24-1 and also may be found at: http://ddot.dc.gov/ddot/frames.asp?doc=/ddot /lib/ddot/parking/newrules/meterzones_ballpark_2008-06-10.pdf.

2424.4 Notwithstanding §§ 2402, 2404, 2414, and 2431 through 2441, the operator of a motor vehicle shall pay the rate posted on the applicable parking meter and abide by the associated time restrictions in the Ballpark Performance Parking Zone, except as provided below:

(a) A motor vehicle shall not park on the following street segments during Ballpark Events:

STREET

BLOCKS

Side

M Street, SE*

Unit, 100, 200, 300, 400, 500, 600, 700, 800, 900,1000, 1100

North & South

N Street, SE*

Unit

North & South

Potomac Ave, SE*

Unit

North & South

Van Street, SE

1200

East & West

Half Street, SE*

900, 1000, 1100, 1200,

East & West

First Street, SE*

900, 1000, 1100, 1200, 1300, 1400

East & West

New Jersey Aye, SE

800, 900, 1000, 1100, 1200,

East & West

Second Street, SE

800, 900, 1000, 1100, 1200,

East & West

No Parking Mandated by the Ballpark Transportation Operations and Parking Plan (2007)

(b) Motor vehicles displaying a valid Zone 6 residential parking permit or a valid visitor permit shall be exempt from payment of parking meter rates and from associated time restrictions on the following street segments:

STREET

BLOCKS

Side

F Street, SE

100

South

South Carolina Aye, SE

200

South

D Street, SE (north segment)

200 (2nd Street east to Alley)

North

I (Eye) Street, SE

700

North

2424.5 Notwithstanding §§ 2402, 2404, 2414, and 2431 through 2441, the Director at his or her discretion may designate any blocks within the Ballpark Performance Parking Zone to be included in the residential permit parking program. A current listing of the designated blocks shall be posted for public access on the DDOT website.

2424.6 All blocks within the Ballpark Performance Parking Zone that are west of South Capitol Street will be restricted where appropriate to state “Zone 6 Resident Parking Only, 7 A.M. to Midnight, Monday through Sunday, Zone 6 Residential Parking Permit Holders and Zone 6 Visitor Pass Permit Holders Exempt”. All blocks within the Ballpark Performance Parking Zone that are east of South Capitol Street will be restricted where appropriate to state “Zone 6 Resident Parking Only, 7 A.M. to 9:30 P.M., Monday through Saturday, Zone 6 Residential Parking Permit Holders and Zone 6 Visitor Pass Permit Holders Exempt”.

2424.7 The performance parking goal for the parking meter rates in the Ballpark Performance Parking Zone shall be based on the following measure:

(a) Except during Ballpark Events, average curbside occupancy shall be between eighty percent (80%) and ninety percent (90%) for street segments where parking is controlled by parking meters.

2424.8 Notwithstanding §§ 2402, 2404, 2414, 2424.7, 2428, and 2431 through 2441, the initial rates for parking meters in the Ballpark Performance Parking Zone shall be as follows:

(a) In Zone A:

(1) Except for parking meters on Water Street, S.W., the rates for parking meters shall be as follows:

(A) Regular rates - Monday-Sunday: 7:00 a.m. - Midnight:

(i) One dollar per hour ($ 1/hr) for the first hour; and

(ii) One dollar and fifty cents per hour ($ 1.50/hr) for each additional hour.

(iii) Three (3) hours total time limit at parking meter.

(B) Ballpark Event rates (Beginning one (1) hour before and ending one-half (1/2) hour after the Ballpark Event):

(i) Two dollars per hour ($ 2/hr) for the first hour;

(ii) Eight dollars per hour ($ 8/hr) for the second and third hours; and

(iii) Two dollars per hour ($ 2/hr) for the fourth hour.

(2) The rates for parking meters on Water Street, S.W., shall be as follows:

(A) Regular rates-Monday-Sunday: 7:00 a.m. - Midnight:

(i) One dollar and fifty cents per hour ($ 1.50/hr) for the first hours.

(ii) Two (2) hours total time limit at parking meter.

(B) Ballpark Event rates (Beginning one (1) hour before and ending one-half (1/2) hour after the Ballpark Event):

(i) One dollar and fifty cents per hour ($ 1.50/hr) for the first hour.

(ii) Two (2) hours total time limit at parking meter.

(3) Loading zone rates:

(A) Monday-Friday: 7:00 a.m. - 4:30 p.m.

(i) One dollar for first thirty minutes ($ 1/1st - 30 min.);

(ii) One dollar and fifty cents for second thirty minutes ($ 1.50/2nd - 30 min.); and

(iii) Two dollars for third thirty minutes ($ 2/3rd - 30 min.).

(iv) Ninety (90) minutes total time limit at parking meter.

(B) On Monday-Friday, 4:30 p.m. to Midnight, and Sunday - Saturday, 7:00 a.m. to Midnight, parking meter rates and time restrictions apply unless Ballpark Event rates apply.

(4) Holiday Rates: Unless there is a Ballpark Event, no parking meter rates or time restrictions shall be enforced on holidays. In the event of a Ballpark Event on a holiday, Ballpark Event rates shall apply.

(b) In Zone B:

(1) Regular rates - Monday - Saturday: 7:00 a.m. - 9:30 p.m.:

(A) One dollar per hour ($ 1/hr) for the first hour; and

(B) One dollar and fifty cents per hour ($ 1.50/hr) for each additional hour.

(2) Ballpark Event rates apply Monday - Sunday: 7:00 a.m. - 10:00 p.m. (Beginning one (1) hour before and ending one-half (1/2) hour after the Ballpark Event):

(A) During Ballpark Events, the 100 block of H Street, SE shall be priced as follows:

(i) Two dollars per hour ($ 2/hr) for the first hours;

(ii) Eight dollars per hour ($ 8/hr) for the second and third hour; and

(iii) Two dollars per hour ($ 2/hr) for the fourth hour.

(3) Loading zone rates:

(A) Monday-Friday: 7:00 a.m. - 4:30 p.m.:

(i) One dollar for first thirty minutes ($ 1/1st - 30 min.);

(ii) One dollar and fifty cents for second thirty minutes ($ 1.50/2nd - 30 min.); and

(iii) Two dollars for third thirty minutes ($ 2/3rd - 30 min.).

(iv) Ninety (90) minutes total time limit in loading zone.

(B) On Monday-Friday, 4:30 p.m. to Midnight, and Sunday - Saturday, 7:00 a.m. to Midnight, parking meter rates and time restrictions apply unless Ballpark Event rates apply.

(1) Regular rates:

(A) Monday - Saturday, 7:00 a.m. - 9:30 p.m. for 400-700 blocks of Pennsylvania Avenue, SE; 8th Street, SE; 700 block of I Street, SE; 700 block of D Street, SE: