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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Motor Vehicles, 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); section 107 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104, §107; D.C. Official Code § 50-2301.07); and Mayor’s Order 2007-168, effective July 10, 2007, hereby gives notice of the intent to adopt the following amendments to Chapter 30 (Adjudication and Enforcement) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).
The proposed amendments would permit service of process of a Notice of Infraction for a moving violation by means other than personal service under certain circumstances. Final rulemaking action shall not be taken in less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Chapter 30, ADJUDICATION AND ENFORCEMENT, of title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:
Section 3002, ISSUANCE OF PARKING VIOLATIONS ONLY, subsection 3002.10, is amended to read as follows:
3002.10 Except for tickets issued by certified mail pursuant to § 3004.9(b), the ticket information for tickets issued through the use of a hand-held electronic device shall be submitted within one (1) business day.
Section 3003, ISSUANCE OF MOVING AND NON-MOVING VIOLATIONS, subsection 3003.3, to read as follows:
3003.3 When information is entered on the ticket manually, the provisions of § 3002.3
through 3002.5 and 3002.9 shall apply.
Section 3004, SERVICE OF THE NOTICE OF INFRACTION, is amended by adding new subsections 3004.9 through 3004.11 to read as follows:
3004.9 In the case of a moving violation where a Notice of Infraction is not issued at the
time of the incident, a subsequently issued Notice shall be served as follows:
(a) If the respondent is a District resident, the Notice shall be personally served; or
(b) If the respondent is not a District resident, the Notice shall be served by mailing the appropriate copy of the Notice by certified mail, return receipt requested to the respondent’s address as available through the Washington Area Law Enforcement System, or similar interstate database containing license information from state issuing agencies, or the address displayed on the respondent’s driver’s license as presented at the time the incident was first investigated,
3004.10 In accordance with §§ 3002.9 and 3003.3, the original of a Notice of Infraction served in accordance with § 3004.9 shall be submitted to the Department of Motor Vehicles within fifteen (15) calendar days after issuance.
3004.11 A submitted Notice of Infraction shall indicate proof of service as follows:
(a) If served pursuant to § 3004.9(a) the Notice shall be signed by the respondent; or
(b) If served pursuant to § 3004.9(b); the Notice shall be accompanied by the original certified mail receipt bearing either the respondent’s signature or a notation of signature refusal from the U.S. Postal Service.
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 no 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.
