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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Motor Vehicles (Director), 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.); 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.)); and Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01 (2009 Repl.)), hereby gives notice of the intent to adopt the following rulemaking that will amend Chapter 1 (Issuance of Driver’s Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR). The proposed rule will extend the time period for waiver of the written or road test after a non-commercial driver’s license has expired and repeals the provision pertaining to an applicant who has points on his or her record.
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 1, ISSUANCE OF DRIVER’S LICENSES, is amended as follows:
Section 104, EXAMINATION OF APPLICANTS FOR DRIVER'S LICENSES, is amended as follows:
Subsection 104.9 is amended to read as follows:
104.9 Except as provided in Section 111, the Director or his or her designee may waive the requirement that an applicant take a written test or road test in the following circumstances:
(a) The written examination may be waived if the applicant presents a District driver’s license that has expired for three hundred sixty five (365) days or less, or at any time successfully completes an online course as designated by the Department; and
(b) The road test, including the motorcycle road test in the case of a motorcycle endorsement holder, may be waived if the applicant presents a driver’s license issued by the District that has expired for five hundred and forty-five (545) days or less.
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 or online at www.dcregs.dc.gov. 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.
