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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF EMERGENCY AND 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 6 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 (2009 Repl.)), § 107 of the Traffic Adjudication Act, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.07 (2009 Repl.)), and Title IX of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01, et seq. (2009 Repl.)), hereby gives notice of the adoption, on an emergency basis, of the following rulemaking that amends Chapter 10 (Procedures for Administrative Hearings) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).
The emergency rulemaking updates the present regulations which did not take into account that different manufacturers and models would have diverse criteria to determine accuracy of the equipment. This emergency rulemaking is necessitated by the immediate need to promote the public welfare by being able to deploy immediately additional automated traffic enforcement equipment, which has different criteria for determining accuracy than presently used, and thus would not be in compliance with the present regulations. The new rules would be applicable to all equipment, irrespective of manufacturer or model. The immediate deployment of the equipment would aid in ensuring DC streets are safer and that fewer accidents, deaths, and injuries take place.
This emergency rulemaking was adopted on July 15, 2013 and became effective immediately. This emergency rule will remain in effect until November 12, 2013, one hundred twenty (120) days from the date it became effective, unless earlier superseded by a notice of final rulemaking.
The Director also gives notice of her intent to take final rulemaking action to adopt these rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:
Chapter 10, PROCEDURES FOR ADMINISTRATIVE HEARINGS, is amended as
follows:
Section 1035, AUTOMATED TRAFFIC ENFORCEMENT, is amended as follows:
Subsection 1035.1 is amended to read as follows:
1035.1 A photo radar device, as that term is used in this section, is a type of automated traffic enforcement system authorized by § 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01).
Subsection 1035.2 is amended to read as follows:
1035.2 A photo radar device shall be deemed to be calibrated correctly and in proper working order if:
(a) For a mobile photo radar device operated from a vehicle, there is a Unit Deployment Log corresponding to the time period, date and location of the alleged violation being adjudicated that:
(1) Indicates that the tuning fork reading was accurate to plus or minus one (1) mile per hour of the tuning fork frequency being used and that the unit test sequence shows the unit was operating properly at the beginning and the end of deployment; and
(2) Contains a certification by the operator that the device was correctly set up and deployed when the alleged violation was recorded; or
(b) For a fixed or portable photo radar device operated out-of-doors, there is a Unit Deployment Log for the device dated not more than four (4) days before and four (4) days after the date of the alleged violation that:
(1) Indicates that the tuning fork reading was accurate to plus or minus one (1) mile per hour of the tuning fork frequency being used and that the unit test sequence shows the unit was operating properly at the beginning and end of the deployment; and
(2) Contains certifications by a technician or police officer, or both, that the device was correctly set up.
Subsection 1035.3 is amended to read as follows:
1035.3 The photo radar device shall reflect that it was only recording the speed of the vehicle or vehicles shown receding in the image.
Subsection 1035.5 is amended to read as follows:
1035.5 The images captured by the photo radar device shall enable identification of the vehicle whose speed was detected by the radar unit.
Subsection 1035.11 is amended to read as follows:
1035.11 Any person seeking a hearing must answer the ticket within sixty (60) days of mailing of the notice of infraction.
Subsection 1035.12 is amended to read as follows:
1035.12 Failure to answer within the time period provided by § 1035.11 shall result in a default judgment being entered against the vehicle owner in accordance with § 206(b) of the Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2302.06(b)).
Subsection 1035.13 is amended to read as follows:
1035.13 Repealed.
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.
