Section 18-1399. DEFINITIONS


Latest version.
  •  

    1399.1When 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.

     

    1399.2Any other term not defined above shall have the same meaning as that prescribed in 49 C.F.R. §§ 383 and 391.

     

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 (2014 Repl.)); Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01 (2014 Repl.)); Section 3 of the Uniform Classification and Commercial Driver’s License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code § 50-402 (2014 Repl.)); and Mayor’s Order 91-161, dated October 15, 1991.

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).