4996487 Motor Vehicles, Department of - Notice of Proposed Rulemaking - Limited Purpose Driver License, Learner Permit, Provisional Permit or Identification Card

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 6, 7, 8a of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03, 50-1401.01 and 50-1401.03 (2012 Repl.)), Section 8c of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.05 (2014 Supp.)), and Mayor’s Order 2014-153, dated June 27, 2014, hereby gives notice of the intent to adopt the following rulemaking that will amend Chapter 1 (Issuance of Drivers Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (“DCMR”).

 

The proposed rules would set forth the criteria for issuance of a Limited Purpose Driver License, Learner Permit, Provisional Permit or Identification Card.

 

Pursuant to Section 8c of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.05 (2014 Supp.)) 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.  If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall 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:

 

A new Section 114, LIMITED PURPOSE DRIVER LICENSE, LEARNER PERMIT, PROVISIONAL PERMIT OR IDENTIFICATION CARD, is added to read as follows:

 

114                  LIMITED PURPOSE DRIVER LICENSE, LEARNER PERMIT, PROVISIONAL PERMIT OR IDENTIFICATION CARD

 

114.1               Each application shall:

 

(a)                State the applicant’s true and lawful name (which shall include the applicant’s full and complete name, including any given middle name or names); the applicant’s date of birth; sex; the residence address of the applicant; that the applicant has resided in the District of Columbia for longer than six (6) months; that the applicant either has not been assigned a social security number, has been assigned a social security number but cannot establish legal presence in the United States at the time of application or is ineligible to obtain a social security number; a brief description of the applicant, including, but not necessarily limited to, the applicant’s height, weight, color of eyes, and color of hair; and

 

(b)               Include a certification that the applicant: does not have Alzheimer’s disease, glaucoma, cataracts or eye disease; is not an insulin dependent diabetic; has not had seizures or loss of consciousness; and does not have any other mental or physical condition that would impair the ability to drive.

 

114.2               Each application shall also include any other information that the Director may require in order to determine the competency, eligibility, or identity of the applicant.

 

114.3               Each applicant shall provide one of the following documents set forth below in order to establish identity and date of birth, including a certified translation if the document is not in English:

 

(a)                Original valid, unexpired passport;

 

(b)               Original valid unexpired Consular Identification Card issued by Mexico, Guatemala, Ecuador or any other country approved by the Department of Motor Vehicles;

 

(c)                Unexpired United States military or dependent identification card;

 

(d)               Certified copy of birth certificate; or

 

(e)                For an identification card only, Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or DC Department of Corrections certifying identity and date of birth.

 

114.4               If an applicant is unable to provide the documentation required by § 114.3, the applicant shall submit two of the following, including a certified translation if the document is not in English:

 

(a)        Certified copy of foreign jurisdiction issued birth certificate;

 

(b)        Foreign jurisdiction issued driver license or identification card;

 

(c)        Certified school record; or

 

(d)       Any other documents adopted as acceptable by the Department of Motor Vehicles through written approval.

 

   114.5            Except as stated otherwise, each applicant shall provide two of the documents set forth below in order to establish present residency:

(a)        Utility bill (Water, Gas, Electric, Oil, or Cable) with name and address, issued within the last sixty (60) days;

(b)        Telephone bill reflecting applicant's name and current address, issued within the last sixty (60) days;

(c)        Deed or settlement agreement reflecting property address;

(d)       Unexpired lease or rental agreement with the name of the applicant listed as the   lessee, permitted resident or renter (may be a photocopy);

(e)        District of Columbia Property Tax bill issued within the last twelve months;

(f)        Unexpired homeowner's or renter’s insurance policy reflecting name and address;

 

(g)        For an identification card only, Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or DC Department of Corrections issued within the last sixty (60) days certifying residence address. A second document is not required;

 

(h)        Official Mail received from a Federal or District of Columbia Agency within the last sixty (60) days, other than the District of Columbia Department of Motor Vehicles, that includes the applicant’s first and last name and complete address, as well as the envelope and contents;    

 

(i)                 Bank statement issued within the last sixty (60) days reflecting name and address;

 

(j)         District of Columbia Department of Motor Vehicles’ Proof of Residency Form signed by the person owning or renting the residence where the applicant resides and a copy of this person's unexpired District of Columbia driver license or identification card as well as two of the documents listed in (a)-(i) above in the name of the person owning or renting the residence; or

 

(k)        For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider issued within the last sixty (60) days. Does not require a second document to establish present residency.

 

114.6               Except as stated otherwise, each applicant shall provide two of the documents set forth below which are dated at least six (6) months prior to the date of application:

(a)        Utility bill (Water, Gas, Electric, Oil, or Cable) with name and address;

(b)        Telephone bill reflecting applicant's name and address;

(c)        Deed or settlement agreement reflecting property address;

(d)       Unexpired lease or rental agreement with the name of the applicant listed as the lessee, permitted resident or renter (may be a photocopy);

(e)        District of Columbia Property Tax bill;

(f)        Unexpired homeowner's or renter’s insurance policy reflecting name and address;

 

(g)        Official Mail received from a Federal or District of Columbia Agency, other than the District of Columbia Department of Motor Vehicles, that includes the applicant’s first and last name and complete address, as well as the envelope and contents;

 

(h)        Bank statement reflecting name and address; 

 

(i)         District of Columbia Department of Motor Vehicles’ Proof of Residency Form signed by the person owning or renting the residence where the applicant resides and a copy of this person's unexpired District of Columbia driver license or identification card as well as two of the documents listed in (a)-(i) above in the name of the person owning or renting the residence.

 

(j)         For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider.  A second document is not required.

 

114.7           Each limited purpose driver license, learner permit, provisional permit or identification card shall include the same information as set forth in §§ 107.2 and 107.3 of this title.

                       

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.