Section 18-303. ESTABLISHMENT OF A POINT SYSTEM

 

303.1Points 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.

 

303.2Points 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
(c)Violations not listed in this section contributing to an accident	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(g)[Repealed]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)Operating or being in control of person's blood contains eight one-hundredths of one percent (.08%) or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of the person's breath, consisting substantially of alveolar air, or while the person's urine contains ten one-hundredths of one percent (.10%) or more, by weight, of alcohol, 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	12 points
(n)Operating a motor vehicle while the person's blood contains ten one-hundredths of one percent (0.10%)or more, by weight, of alcohol, 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	12 points
(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)Operating a motor vehicle while the person's blood, breath, or urine contains any measurable amount of alcohol, if the person is under twenty-one (21) years of age	12 points
(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

 

303.3The 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.

 

303.4The 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.

 

303.5The 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)

 

303.7No 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.

 

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

 

303.9The 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.

 

303.10Accumulated 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.

 

303.11In 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.

 

303.12Traffic 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.

 

303.13The 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.

 

303.15For 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.

 

303.16The 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.).

 

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

 

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.)); Sections 5, 6, and 7 of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04, 50-921.05, and 50-921.06 (2009 Repl. & 2012 Supp.)); Sections 6, 7, and 13 of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03, 50-1401.01 and 50-1403.01 (2009 Repl. & 2012 Supp.)); Section 105 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law. 2-104; D.C. Official Code § 50-2301.05) (2009 Repl.)); Sections 3 and 10 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 and 50-409 (2009 Repl. & 2012 Supp.)); Section 801 of the Motor Vehicle and Safe Driving Amendment Act of 2000, effective April 27, 2001 (D.C. Law 13-289; D.C. Official Code § 50-921 (2009 Repl.)); Mayor’s Order 77-127, dated August 3, 1977; and Mayor’s Order 91-161, dated October 15, 1991; Bicycle Safety Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-48; 60 DCR 15145 (November 1, 2013)).

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)).