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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF EMERGENCY 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 (Civil Fines for Moving and Non-Moving Infractions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR). The proposed emergency rules would extend the modification of fines for speeding 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.
This emergency rulemaking is an extension of the emergency rulemaking that was adopted on November 2, 2012, became effective on November 5, 2012 and was published along with a Notice of Proposed Rulemaking in the D.C. Register on November 9, 2012 at 59 DCR 12903. That emergency rulemaking will expire on March 2, 2013.
On December 18, 2012, the Council of the District of Columbia (Council) passed Resolution19-732, the Civil Fines for Moving Infractions Disapproval Resolution of 2012, which disapproved the proposed rulemaking. Also on December 18, 2012, the Council passed Bill 19-1108 (Act 19-635), the Safety-Based Traffic Enforcement Amendment Emergency Act of 2012, which set forth a different set of fines than the emergency and proposed rulemaking published on November 9, 2012. In addition, Section 106 of the Safety-Based Traffic Enforcement Amendment Emergency Act of 2012 required that the schedule of speeding fines may not be amended until the Council has approved proposed rules or proposed rules have been deemed approved. Pursuant to Section 401(b)(1) of the Safety-Based Traffic Enforcement Amendment Emergency Act of 2012, the applicable fine amounts set forth in that act shall not apply before April 1, 2013, leaving a gap between the expiration of the fines adopted in the Emergency Rulemaking on November 2, 2012 and the effective date of the fines set forth in the Safety-Based Traffic Enforcement Amendment Emergency Act of 2012.
This emergency rulemaking is necessitated by the above-stated gap and 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.
Pursuant to section 105(a)(1) 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(a)(1), the proposed emergency rules were submitted to the Council and became effective upon the Council’s approval of the rules on February 19, 2013. The rules will expire on March 31, 2013.
Subsection 2600.1 of Chapter 26, CIVIL FINES FOR MOVING AND NON-MOVING INFRACTIONS, of Title 18, VEHICLES AND TRAFFIC, of the 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
