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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Motor Vehicles (Director), pursuant to the authority set forth in section 1825 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 (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.); Mayor’s Order 91-161, dated October 15, 1991; and Mayor’s Order 2007-168, dated July 23, 2007, hereby gives notice of the intent to adopt the following rulemaking that will amend chapter 11 (Motor Vehicle Offenses and Penalties) of title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR). The proposed rule will repeal the criminal penalty for operating or causing to be operated a motor vehicle with expired registration.
This Emergency Rulemaking is necessitated by the Council of the District of Columbia’s passage of the Criminal Penalty for Unregistered Motorist Repeal Amendment Act of 2011, effective October 21, 2011, (D.C. Act 19-208; 58 DCR ____), and signed by the Mayor on October 21, 2011, which amended DC Official Code § 50-1501.04 (2009 Repl.) and repealed criminal penalties for motorists operating unregistered vehicles.
The Emergency Rulemaking was adopted on October 25, 2011 and took effect at that time. The Emergency Rulemaking will expire on February 21, 2012; in one hundred twenty (120) days from that date, or upon publication of the Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director of the Department of Motor Vehicles hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules (which are identical to the emergency rules) in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:
Chapter 11, MOTOR VEHICLE OFFENSES AND PENALTIES, section 1101, MOTOR VEHICLE OFFENSES, subsection 1101.3 is repealed so that the provision reads as follows:
1101.3 Repealed.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments, in writing, to David Glasser, General Counsel, D.C. Department of Motor Vehicles, 95 M Street, S.W., Suite 300, Washington, D.C. 20024. Comments must be received not later than thirty (30) days after the publication of this notice in the D.C. Register. Copies of this proposal may be obtained, at cost, by writing to the above address.
