3988657 Department of Motor Vehicle Emergency and Proposed Rulemaking to amend Speeding fine Schedule

DEPARTMENT OF MOTOR VEHICLES

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Director of the Department of Motor Vehicles, pursuant to the authority set forth in § 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.); § 6 of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-2201.03) (2009 Repl.); § 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.); 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 26 of Title 18 of the District of Columbia Municipal Regulations (DCMR) (Vehicles and Traffic).  The proposed rules would modify presently enacted fines by decreasing the fines for driving up to 10 mph in excess of the speed limit and 11 to 15 mph in excess of the speed limit and increasing the fine for driving over 25 mph in excess of the speed limit.  Final rulemaking action shall not be taken in less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

Pursuant to § 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.), these proposed rules are being transmitted to the Council of the District of Columbia, and the final rules may not become effective until the expiration of the forty-five (45) day period of Council review or upon approval by Council resolution, whichever occurs first.

 

This emergency rulemaking is necessitated by the immediate need to promote the public welfare by instituting a more equitable fine schedule for a limited number of moving violations. The revenue from the revised fine schedule will be used to maintain critical services to the District’s citizens and thereby preserve their health, safety, and welfare.

  

The emergency rulemaking was adopted on November 2, 2012 and will become effective on November 5, 2012. The emergency rulemaking will expire in March 2, 2013, or upon publication of the Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

 

The Director also gives notice of intent to take final rulemaking action to adopt this amendment in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

Subsection 2600.1 of Chapter 26 of Title 18, DCMR, is amended by striking the entries in the civil infractions table under the heading “Speeding”, and inserting the following entries in their place.

 

2600.1             *          *          *          *          *          *          *          *          *          *          *

 

Speeding
Up to 10 mph in excess of limit [§ 2200]	$50
11 to 15 mph in excess of limit [§ 2200]	$100
16 to 20 mph in excess of limit [§ 2200]	$150
21 to 25 mph in excess of limit [§ 2200]	$200
Over 25 mph in excess of limit [§ 2200]	$300
Minimum; driving too slowly [§ 2200.10]	$50
Unreasonable [§ 2200.3]	$100

 

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.