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DISTRICT OF COLUMBIA
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) (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, hereby gives notice of the intent to adopt the following rulemaking amending Chapter 3 (Cancellation, Suspension, or Revocation of Licenses), Chapter 7 (Motor Vehicle Equipment), Chapter 13 (Classification and Issuance of Commercial Driver’s Licenses), Chapter 22 (Moving Violations), Chapter 26 (Civil Fines for Motor Vehicle Moving Infractions), and Chapter 99 (Definitions) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR). The proposed rulemaking will create a new vehicle classification called the “Multi-Purpose School Vehicle” and will establish certain standards for the operation of multi-purpose school vehicles.
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 § 50-921 (2009 Repl.), the proposal shall be deemed approved except that if within the 45-day period a resolution of disapproval has been introduced by three (3) members of the Council, the regulations shall not be deemed approved.
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.
Title 18 (VEHICLES AND TRAFFIC) of the DCMR is amended as follows:
Chapter 3, CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES is amended as follows:
Section 303 ESTABLISHMENT OF A POINT SYSTEM is amended as follows:
Subsection 303.2(u) is amended to add that a driver of a motor vehicle will be assessed points for failing to stop for a multi-purpose school vehicle with warning lights flashing or stop signal arm actuated, or for a school bus when the stop signal arm is actuated, so that the provision reads as follows:
(u) Failing to stop for a school bus or multi- purpose school vehicle with warning lights or stop signal arm actuated
4 points
Chapter 7, MOTOR VEHICLE EQUIPMENT, is amended as follows:
Section 712, AUDIBLE AND VISUAL SIGNALS, is amended as follows:
Subsection 712.5 is amended to add multi-purpose school vehicles so that the provision reads as follows:
712.5 Each school bus and multi-purpose school vehicle registered in the District of Columbia shall be equipped with red flashing signal lamps. The lamps shall be mounted as high and as widely spaced laterally as practicable, and shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level.
Subsection 712.6 is amended to add multi-purpose school vehicles so that the provision reads as follows:
712.6 School buses designed to carry fifteen (15) or fewer passengers and multi-purpose school vehicles shall have the lamps mounted on the roof; provided, that any school bus which, prior to February 14, 1971, was in compliance with then existing requirements shall not be required to change the location of the lamps.
Section 739, SLOW-MOVING VEHICLES AND SCHOOL BUSES, is amended as follows:
The title of Section 739 is amended to add multi-purpose school vehicles so that the title reads as follows:
SLOW-MOVING VEHICLES, SCHOOL BUSES AND MULTI-PURPOSE SCHOOL VEHICLES
Subsection 739.11 is amended to add multi-purpose school vehicles so that the provision reads as follows:
739.11 A school bus or multi-purpose school vehicle shall bear on its sides only signs and lettering approved by the Director.
A new Subsection 739.14 is added to require school buses and multi-purpose school vehicles to be equipped with a swinging driver’s side stop signal arm so that the provision reads as follows:
739.14 Each school bus and multi-purpose school vehicle shall be equipped with a swinging driver’s side stop signal arm, as follows:
(a) The stop signal arm shall be octagonal and shall bear the word “STOP” on both sides in white letters on a red background with a white border;
(b) The stop signal arm shall be affixed as close as possible on the outside of the vehicle appurtenant to the driver’s window;
(c) The stop signal arm shall be actuated by the driver to extend perpendicularly from the side of the school bus or multi-purpose school vehicle upon actuation of the warning lamps described in § 712.5 to ensure safe pick up or drop off of students from the vehicle.
Chapter 13, CLASSIFICATION AND ISSUANCE OF COMMERCIAL DRIVER’S LICENSES, is amended as follows:
Section 1305, COMMERCIAL DRIVER’S LICENSE REQUIRED, is amended as follows:
Subsection 1305.1 is amended to require that a driver of a multi-purpose school vehicle have a commercial driver’s license so that the provision reads as follows:
1305.1 No resident of the District of Columbia shall drive a commercial vehicle unless he or she has been issued a valid commercial driver’s license or a valid commercial driver’s instruction license, which authorizes him or her to operate the following types of vehicles:
(a) A single vehicle, or a combination of vehicles, with a gross vehicle weight rating of over twenty-six thousand (26,000) pounds, or a lesser rating as determined by Federal regulations, but not less than a gross vehicle weight rating of ten thousand (10,000) pounds;
(b) A vehicle designed to transport more than fifteen (15) passengers, including the driver;
(c) A vehicle used to transport a material found to be hazardous in accordance with the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989 (D.C. Law 7-190; D.C. Official Code § 8-1401 et seq.) and that are required to be placarded under Federal regulations, 49 CFR Part 172, Subpart F; or
(d) A school bus or a multi-purpose school vehicle.
Section 1313, DRIVER’S LICENSE ENDORSEMENTS AND RESTRICTIONS, is amended as follows:
Subsection 1313.1 is amended to require that a driver of a multi-purpose school vehicle be required to have a school bus endorsement so that the provision reads as follows:
1313.1 The following driver’s license endorsements shall be displayed on a driver’s license in order for the driver to operate certain types of motor vehicles or to operate motor vehicles hauling certain types of cargo:
(a) The Double/Triple Endorsement is required to operate a vehicle designed to pull more than one (1) trailer;
(b) The Transport Passenger Endorsement is required to operate a vehicle that transports more than fifteen (15) passengers;
(c) The School Bus Endorsement is required to operate a school bus or a multi-purpose school vehicle;
(d) The Tank Vehicle Endorsement is required to operate a vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. The vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 39 CFR Part 171. However, this definition does not include portable tanks having a rated capacity under one thousand (1,000) gallons;
(e) The Hazardous Material Endorsement is required to operate a vehicle transporting a hazardous material that is required to be placarded under the District of Columbia Hazardous Materials Transportation and Motor carrier Safety Act of 1988, effective March 16, 1989 (D.C. Law 7-190; D.C. Official Code § 8-1401 et seq.), or by the U.S. Secretary of Transportation in accordance with the Hazardous Material Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. 1801 et seq. and 49 CFR Part 383, § 121);
(f) The Motorcycles Endorsement is required on a Class “A,” Class “B,” Class “C,” or Class “D” driver’s license to permit the licensee to operate a motorcycle in addition to the class of vehicles designated on the driver’s license;
(g) The Class “A” Commercial Driver’s Instruction License Endorsement is required with a Class “B,” Class “C,” or Class “D” driver’s license to permit the licensee to operate a Class “A” vehicle if accompanied by the holder of a Class “A” driver’s license;
(h) The Class “B” Commercial Driver’s Instruction License Endorsement is required with a Class “C” or Class “D” driver’s license to permit the licensee to operate a Class “B” vehicle if accompanied by the holder of a Class “A” or Class “B” driver’s license; and
(i) The Class “C” Commercial Driver’s Instruction License Endorsement is required with a Class “D” driver’s license to permit the licensee to operate a Class “C” vehicle if accompanied by the holder of a Class “A,” Class “B” or Class “C” driver’s license.
Chapter 22, MOVING VIOLATIONS, is amended as follows:
Section 2209, RIGHT-OF-WAY: SCHOOL BUSES, is amended as follows:
The title of Section 2209 is amended to add multi-purpose school vehicles so that it reads as follows:
RIGHT-OF-WAY: SCHOOL BUSES AND MULTI-PURPOSE SCHOOL VEHICLES
Subsection 2209.1 is amended to add that a driver approaching a school bus or a multi-purpose school vehicle on which a warning light is flashing or a stop signal arm is actuated shall stop not less than fifteen feet (15 ft.) from the bus or school vehicle, so that the provision reads as follows:
2209.1 The driver of a vehicle approaching from any direction a school bus or a multi-purpose school vehicle on which a warning light is flashing or a stop signal arm is actuated, shall bring the vehicle to a complete stop not less than fifteen feet (15 ft.) from the school bus or multi-purpose school vehicle; provided, that this requirement shall not apply to a driver approaching a school bus or multi-purpose school vehicle from the opposite direction on a street with a median strip divider.
Subsection 2209.2 is amended to add that a driver who has stopped for a school bus or a multi-purpose school vehicle shall not proceed until the warning lights are no longer flashing and the stop signal arm is no longer actuated so that the provision reads as follows:
2209.2 A driver who has stopped for a school bus or multi-purpose school vehicle in accordance with this section shall not proceed until the warning lights are no longer flashing and the stop signal arm is no longer actuated.
Chapter 26, CIVIL FINES FOR MOTOR VEHICLE MOVING AND NON-MOVING INFRACTIONS, is amended as follows:
Section 2600.1, CIVIL FINES FOR MOTOR VEHICLE MOVING, is amended as follows:
Subsection 2600.1 is amended by adding multi-purpose school vehicle to the school bus provision fining a driver of another motor vehicle for failing to stop when a light is flashing, and also adding that a driver of a motor vehicle shall be fined when either a school bus or a multi-purpose school vehicle actuates the stop signal arm, so that the provision reads as follows:
2600.1 The following civil infractions and their respective fine amounts set forth in this section do not include those major moving violations for which jurisdiction remains in the Superior Court:
INFRACTION [18 DCMR Citation]
…
…
FINE
School bus
Passing stopped bus or multi-purpose school vehicle when light flashing or stop signal arm activated [§ 2209]
…
$500
Chapter 99, DEFINITIONS is amended as follows:
Section 9901, DEFINITIONS, is amended by adding a definition for multi-purpose school vehicle to read as follows:
Multi-purpose school vehicle – a vehicle:
(a) Used for transportation of less than eight (8) passengers, exclusive of the driver, to and from school or for education-related services; and
(b) With a Gross Vehicle Weight Rating (GVWR) less than ten thousand (10,000) pounds.
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.
