4437282 Amendments to Open Container Rulemaking

DISTRICT DEPARTMENT OF TRANSPORTATION

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the District Department of Transportation (DDOT), pursuant to the authority set forth in Sections 5(3)(A) (providing for a safe transportation system),  6(b) and (c) (transferring to the Department functions previously delegated to the Department of Public Works (DPW) under Reorganization Plan No. 4 of 1983), and 7 (making Director of DDOT the successor to transportation related authority delegated to the Director of DPW) 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(3)(D), 50-921.05(b) and (c), and 50-921.06 (2009 Repl. & 2012 Supp.)), Section 6(a)(1) of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121 ch. 443, § 6(a)(1); D.C. Official Code §50-2201.03(a)(1) (2009 Repl.)), and Mayor’s Order 77-127, dated August 3, 1977, hereby gives notice of the intent to adopt the following rulemaking that will amend Chapter 22 (Moving Violations) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR). 

 

The proposed rules would modify present regulations pertaining to open containers in motor vehicles.  Final rulemaking action shall not be taken in less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

Section 2224 of Chapter 22, MOVING VIOLATIONS, of Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:

 

Subsection 2224.2 is amended to read as follows:

 

2224.2             An open container shall not be considered to be in or on a vehicle if the open container is located:

 

(a)                In a trunk, cargo area, or storage compartment that is inaccessible from the passenger area of the vehicle;

 

(b)               In a locked compartment within the passenger area of the vehicle; or

 

(c)                With respect to a vehicle without a trunk, behind the last row of seats within the passenger area of the vehicle such that the open container is inaccessible by the driver or passengers while in their seats.

 

Subsection 2224.3 is repealed.

 

Subsection 2224.5 is amended to read as follows:

 

2224.5             For purposes of this section, the term:

 

(a)                “Alcoholic beverage” means an alcoholic beverage as defined in D.C. Official Code § 25-101(5)).

 

(b)               “Opened alcoholic beverage container” means an alcoholic beverage in a bottle, can, or other container from which:

 

(1)        The top, cap, cork, seal, or tab seal has at some time been removed or broken; or

 

(2)        Some of the alcohol beverage has been removed.

 

Any person interested in commenting on the subject matter in this proposed rulemaking action may file comments in writing, not later than thirty (30) days after publication of this notice in the

D.C. Register, with Sam Zimbabwe, Associate Director, PPSA, District Department of Transportation, 55 M Street, SE, 5^th Floor, Washington, DC 20003.  Comments may also be sent

electronically to [e-mail].  Additional copies of this proposal are available, at cost,

by writing to the above address, and are available electronically, at no cost, on the Department’s

website at www.ddot.dc.gov.