Section 18-1035. AUTOMATED TRAFFIC ENFORCEMENT

 

1035.1A 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).

 

1035.2A 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:

 

(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 end of the deployment; and

 

(2)Contains certifications by a technician or police officer, or both, that the device was correctly set up.

 

1035.3The 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1035.4[REPEALED]

 

1035.5The 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1035.6[REPEALED]

 

1035.7[REPEALED]

 

1035.8[REPEALED]

 

1035.9[REPEALED]

 

1035.10[REPEALED]

 

1035.11Any person seeking a hearing must answer the ticket within sixty (60) days of mailing of the notice of infraction.

 

1035.12Failure 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1035.13[REPEALED]

 

authority

Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905 (2009 Repl.)), Section 6 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 (2009 Repl.)), § 107 of the Traffic Adjudication Act, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.07 (2009 Repl.)), and Title IX 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, et seq. (2009 Repl.)).

source

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).