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DEPARTMENT OF MOTOR VEHICLES
DISTRICT DEPARTMENT OF TRANSPORTATION
NOTICE OF PROPOSED RULEMAKING
The Directors of the Department of Motor Vehicles and the District Department of Transportation pursuant to the authority set forth in 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 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 (2014 Repl.)); 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 (2014 Repl.)); Sections 105 and 107 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 and 2301.07 (2014 Repl.)); and Mayor’s Order 77-127, dated August 3, 1977, hereby gives notice of the intent to adopt amendments to Chapter 3 (Cancellation, Suspension, or Revocation of Licenses), Chapter 7 (Motor Vehicle Equipment), Chapter 22 (Moving Violations), Chapter 26 (Civil Fines for Moving and Non-Moving Infractions), and Chapter 99 (Definitions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).
To help achieve the goal by the year 2024 of zero fatalities and serious injuries to travelers of the District’s transportation system, and to create a safer transportation infrastructure in the District of Columbia through more effective use of data, education, enforcement, and engineering, these proposed rules amend Title 18 of the District of Columbia Municipal Regulations to establish side underride guards safety requirements for certain motor vehicles, to require motor vehicle operators to clear damaged but operational vehicles from the travel lanes, to require motor vehicle operators to move a lane over or slow down when approaching a first responder at the side of the road, to require motor vehicle operators to yield to buses merging into traffic, and to designate certain streets as neighborhood slow zones with a maximum speed limit of 20 miles per hour.
This rulemaking shall be submitted to the Council of the District of Columbia for a forty-five (45) day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess. Pursuant to D.C. Official Code § 50-2301.05 (2012 Repl.), the rulemaking shall be deemed approved if the Council does not approve or disapprove the proposed rules by resolution within this forty-five (45) day review period.
Final rulemaking action may be taken thirty (30) days after the date of publication of this notice in the D.C. Register, or the completion of the forty-five (45) day Council review period for these rules, whichever is later.
The following rulemaking action is proposed:
Chapter 3, CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES, of Title 18 DCMR, VEHICLE AND TRAFFIC, is amended as follows:
Section 302, SUSPENSION AND REVOCATION FOR TRAFFIC OFFENSES, is amended as follows:
Subsection 303.2 is amended by adding new paragraphs (ff), (gg) and (hh), to read as follows:
(ff) Failing to move over or proceed with due caution when an authorized emergency vehicle is stopped on the side of the road. 6 points.
(gg) Failure to proceed with due caution when approaching an incident in the roadway. 3 points
(hh) Overtaking another vehicle stopped at a crosswalk or intersection for a pedestrian. 3 points.
Chapter 7, MOTOR VEHICLE EQUIPMENT, is amended by adding a new Section 758, SIDE GUARDS, to read as follows:
758 SIDE GUARDS
758.1 Commercial motor vehicles registered in the District with a manufacturer's gross vehicle weight rating exceeding 10,000 pounds shall install and maintain a side guard no later than eighteen months after the enactment of the Vision Zero Act of 2015.
758.2 Failure to install and maintain a side guard shall result in issuance of an inspection rejection sticker.
Chapter 22, MOVING VIOLATIONS, is amended as follows:
Section 2200, SPEED RESTRICTIONS, is amended as follows:
Subsection 2200.8 is amended to read as follows:
2200.8 On all streets adjacent to school buildings and grounds, the maximum lawful speed shall be fifteen miles per hour (15 mph) at the times indicated on official signs. When no times are indicated on official signs, the maximum lawful speed shall be fifteen miles per hour (15 mph) at all times.
Subsection 2200.9 is amended to read as follows:
2200.9 On streets adjacent to a playground, recreational facility, pool, athletic field, or senior center designated by official signs, the maximum lawful speed shall be fifteen miles per hour (15 mph) at the times indicated on official signs. When no times are indicated on official signs, the maximum lawful speed shall be fifteen miles per hour (15 mph) at all times.
Subsection 2200.12 is amended to read as follows:
2200.12 Any individual who shall drive a vehicle on a street or highway at a speed greater than thirty (30) miles per hour in excess of the legal speed limit for such street or highway shall, upon conviction, be fined not more than the amount set forth in the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or imprisoned not more than ninety (90) days, or both.
Section 2207, RIGHT-OF-WAY: BETWEEN INTERSECTIONS, is amended by adding a new Subsection 2207.5 to read as follows:
2207.5 Motor vehicle operators in the same lane of traffic and behind a transit bus shall yield the right-of-way to the transit bus if the driver of the transit bus, after stopping to allow passengers to board or exit, is signaling an intention to enter a traffic lane. This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.
Section 2210, EMERGENCY VEHICLES AND APPARATUS, is amended by adding new Subsections 2210.6 through 2210.8 to read as follows:
2210.6 Upon approaching a stationary authorized emergency vehicle making use of audible or visual signals meeting the requirements of this title, or of a police vehicle properly and lawfully making use of audible or visual signals, an operator who drives an approaching vehicle shall:
(a) proceed with due caution, yield right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, safely and if traffic conditions permit and if on a roadway having at least four (4) lanes proceeding in the same direction as the authorized emergency vehicle; or
(b) proceed with due caution, maintaining a safe speed for road conditions if changing lanes would be unsafe or would reduce traffic flow.
2210.7 When in or approaching an incident, every driver shall slow down to a speed that is ten (10) miles per hour less than the posted speed if changing lanes is not possible or unsafe under prevailing road, weather, or traffic conditions. When in or approaching an incident area, every driver shall obey the directions of any authorized official directing traffic and all applicable traffic control devices.
2210.8 Except for emergency vehicles in the incident area, when in or approaching an incident area every driver shall reduce speed, yield to other oncoming vehicles and vacate any lane wholly or partially blocked.
A new Section 2225, AVOIDANCE OF LANE BLOCKAGE – EXPEDITED REMOVAL OF VEHICLES, is added to read as follows:
2225 AVOIDANCE OF LANE BLOCKAGE – EXPEDITED REMOVAL OF VEHICLES
2225.1 No person shall stop or park a vehicle in such manner as to impede or render dangerous the use of the roadway by others, except to avoid collision, at the direction of an authorized official, or in the case of a crash or mechanical breakdown.
2225.2 In the event of a crash or mechanical breakdown, the emergency flashing lights of such vehicle shall be activated if the vehicle is equipped with such lights and such lights are in working order. Operators involved in property damage-only crashes shall move vehicles from the travel way to exchange insurance information.
2225.3 If a vehicle stopped in the roadway is movable and its operator is capable of moving it, the operator shall immediately move the vehicle to the shoulder or to a designated area off the highway.
2225.4 In the event the operator of the vehicle is unable to move the vehicle, any other licensed occupant of the vehicle is authorized to move the vehicle.
2225.5 Moving the vehicle by the driver or another licensed occupant of the vehicle does not constitute that the accident is not to be reported to the police for investigation and reporting purposes. Operators that are involved in typical minor incidents are to move the vehicles from the travel lanes, exchange information, and report the crash information as required by District laws. If a vehicle cannot be moved by the operator or another licensed occupant, a police officer at the scene may take action to move the vehicle from the travel way.
2225.6 A police officer responding to an incident may move a vehicle remaining on the roadway, or require the operator or other person in charge of the vehicle to move it to the shoulder or a designated area off the roadway. A police officer may order the removal of any vehicle remaining on the highway at the owner’s expense.
2225.7 Once the vehicle is moved, the vehicle’s location shall be reported to the nearest Metropolitan Police Department station as soon as practical.
2225.8 Any government official or authorized private company or their personnel cannot be held liable when incident clearance functions are exercised with reasonable care at the direction of the police officer at the scene.
Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS, is amended as follows:
Section 2600, CIVIL FINES FOR MOTOR VEHICLE MOVING INFRACTIONS, is amended as follows:
(a) The following infraction and fine are added after the category “School Bus, Passing stopped bus or multi-purpose school vehicle when light flashing or stop signal arm activated” and its associated infractions and fines:
Side guard, Failure to have or maintain [§ 758.1]
$100
(b) Under the header “Speeding”, strike the row:
The infraction for speeding over 25 mph in excess of limit [§ 2200]
$300
and insert the following row in its place:
The infraction for speeding over 25 mph in excess of limit [§ 2200]
$1000
(c) Under the header “Stop Sign”, strike the row:
Passing [§ 2208.3]
$50
and insert the following row in its place:
Passing [§ 2208.3]
$100
(d) Under the header “Speeding”, the following infractions and fines are added after the fine “Unreasonable”:
School Zones [§ 2200.8]
$100
Playground, recreational facility, pool, athletic field, or senior center (§ 2200.9]
$100
(e) Under the header “Colliding”, strike the row:
With a person operating a bicycle [§ 2200.4]
$50
and insert the following row in its place:
With a person operating a bicycle [§ 2200.4]
$500
(f) Under the header “Right-of-way”, the following infraction and fine are added after the fine “Failure to yield right-of-way to a person operating a bicycle”:
Failure to yield right-of-way to transit bus [§ 2207.5]
$500
(g) Under the header “Lane or Course”, the following infractions and fines are added after the fine “Improper use of Restricted”:
Failure to yield right-of-way to transit bus [§ 2207.5]
$500
Failure to yield right of way and proceed with due caution around a stationary authorized emergency vehicle [§ 2210.6]
$500
Failure to proceed with caution and reduced speed when approaching an incident [§ 2210.7]
$500
Failure to proceed with caution through an incident area [§ 2210.8]
$500
Failure to clear a vehicle from a lane [§ 2225]
$500
(h) Under the header “Right Turn on Red”, strike the rows:
Failure to come to a complete stop before turning [§ 2103.7]
$50
Failure to yield right-of-way to vehicle or pedestrian [§ 2103.7]
$50
Violation of “No Turn on Red” sign [§ 4013]
$50
and insert the following rows in its place:
Failure to come to a complete stop before turning [§ 2103.7]
$200
Failure to yield right-of-way to vehicle or pedestrian [§ 2103.7]
$200
Violation of “No Turn on Red” sign [§ 4013]
$200
(i) Under the header “Right-of-way”, strike the row:
Overtaking another vehicle stopped at a crosswalk or intersection for a pedestrian [§ 2221.5]
$250
and insert the following row in its place:
Overtaking another vehicle stopped at a crosswalk or intersection for a pedestrian [§ 2221.5]
$500
(j) Strike the row labeled:
Stopping, standing, or parking a vehicle in a bicycle lane [§ 2405.1]
$65
and insert the following row in its place:
Stopping, standing, or parking a commercial vehicle 22 feet or greater in length in a bicycle lane [§ 2405.1]
$300
Stopping, standing, or parking a non-commercial vehicle and commercial vehicles less than 22 feet in length in a bicycle lane [§ 2405.1]
$200
(k) Strike the row labeled:
Median strip, channelizing island or safety zone (raised with curb), driving on or over [§ 2201.8]
$100
and insert the following row in its place:
Median strip, channelizing island or safety zone (raised with curb), driving on or over [§ 2201.8]
$500
(l) Under the header “Sidewalk”, strike the row:
Driving on or over [§ 2221.3]
$50
and insert the following row in its place:
Driving on or over [§ 2221.3]
$200
(m) Strike the row labeled:
Opening door or permitting door to open on traffic side [§ 2214.4]
$25
and insert the following row in its place:
Opening door or permitting door to open on traffic side [§ 2214.4]
$100
Chapter 99, DEFINITIONS is amended as follows:
Section 9901, DEFINITIONS, is amended by inserting the following new definitions in alphabetical order:
Incident- means a roadway emergency, a natural disaster, or a special event.
Incident area- means an area of highway where authorized officials impose a temporary traffic control zone in response to an incident.
Side guard- means a device fit to the side of a large vehicle designed to prevent pedestrians and bicyclists from falling into the exposed space between the front axle and the rear axle of such vehicles. Side guards: shall allow for a maximum 13.8 inch ground clearance, maximum 13.8 inch top clearance up to four (4) feet in height, and a minimum four hundred and forty (440) pound impact strength; must achieve a smooth and continuous longitudinal (forward to backward) impact surface flush with the vehicle sidewall; may include rail style guards, provided that such rails be no less than four (4) inches tall and no more than 11.8 inches apart; and may incorporate other vehicle features such as tool boxes and ladders.
Transit Bus- means a Washington Metropolitan Area Transit Authority bus, D.C. Circulator Bus, or a bus used for government purposes.
All persons interested in commenting on the subject matter in this proposed rulemaking may file comments in writing, not later than thirty (30) days after the publication of this notice in the D.C. Register, with Samuel D. Zimbabwe, Associate Director, District Department of Transportation, 55 M Street, S.E., 5th Floor, Washington, D.C. 20003 and David Glasser, General Counsel, D.C. Department of Motor Vehicles, 95 M Street, S.W., Suite 300, Washington, D.C. 20024. An interested person may also send comments electronically to publicspace.policy@dc.gov. Copies of this proposed rulemaking are available, at cost, by writing to the above address, and are also available electronically, at no cost, on the District Department of Transportation’s website at www.ddot.dc.gov.
