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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 (2012 Repl.)); Sections 6, 7, and 13 of the District of Columbia Traffic Act of 1925 (the Act), approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03, 50-1401.01, and 50-1403.01 (2012 Repl.)); Section 10a(a) of the Act, as amended by the Driving Under the Influence Repeat Offenders Amendment Act of 2000, effective April 3, 2001 (D.C. Law 13-238; D.C. Official Code § 50-2201.05a(a)) (2012 Repl.)); and Mayor’s Order 2002-72, dated April 3, 2002, hereby gives notice of the intent to adopt the following rules that will amend Chapter 3 (Cancellation, Suspension, or Revocation of Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (DCMR).
The proposed rules modify the terms of participation in the ignition interlock program.
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.
Chapter 3, CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES, of Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:
Section 311, IGNITION INTERLOCK PROGRAM, is amended as follows:
Subsection 311.1 is amended to read as follows:
(a) The ignition interlock program allows for reduction of the revocation periods imposed by §§ 306.4, 306.6 and 306.7 of this title by permitting an offender of driving under the influence laws to obtain a restricted driver license.
(b) A person shall remain in the ignition interlock program throughout the revocation period imposed, and for any additional time imposed by the Director pursuant to § 311.15(b).
Subsection 311.3 is amended to read as follows:
311.3 Upon having his or her driver license revoked pursuant to §§ 306.4, 306.6 or 306.7 of this title, a person may apply for participation in the ignition interlock program on a form provided by the Director.
Subsection 311.4 is amended as follows:
311.4 No person may be accepted into the ignition interlock program if he or she has:
(a) A prior conviction for causing injury or death while operating a motor vehicle in any jurisdiction; or
(b) Failed to successfully complete the District of Columbia ignition interlock program or the ignition interlock program of another jurisdiction within five (5) years prior to the date of the application, except as allowed in the discretion of the Director pursuant to § 311.24. For purposes of this section, “failed to successfully complete” means the person was either terminated from or voluntarily withdrew from an ignition interlock program prior to completion.
Subsection 311.7 is amended by striking the phrase “, unless extended pursuant to § 311.18” and inserting the phrase “in accordance with this section” in its place.
Subsection 311.13 is amended to read as follows:
311.13 A participant shall be deemed to be in violation of the ignition interlock program requirements if the individual:
(a) Receives a suspension, revocation, or cancellation of his or her restricted driver license or driving privilege;
(b) Has the ignition interlock device installed in a vehicle with an expired or invalid registration;
(c) Removes the ignition interlock device without prior approval from the Director;
(d) Operates a vehicle that was not listed in the application filed under § 311.5 and approved by the Director;
(d) Operates a vehicle with knowledge that the ignition interlock device is not functioning properly and accurately;
(e) Tampers with, bypasses, damages, removes, or renders the ignition interlock device inoperable or allows another individual to tamper with, bypass, damage, remove, or render the ignition interlock device inoperable;
(f) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, as measured by the ignition interlock device, unless there is a subsequent breath alcohol concentration reading below 0.026 percent within five (5) minutes thereafter;
(g) Fails to submit to a breath alcohol concentration retest after starting the vehicle;
(h) Fails to take each vehicle identified in the application to a servicing appointment as required by § 311.8;
(i) Fails to abide by the terms and conditions of the participant's agreement with the approved certified service provider;
(j) Allows another individual to blow into the ignition interlock device before the participant operates the vehicle or while the participant is operating the vehicle;
(k) Fails to maintain proof of financial responsibility;
(l) Fails to comply with 18 DCMR § 306.11 in the time period set forth by the Director; or
(m) Participates in any other act or use of the ignition interlock device that poses a threat to public safety.
Subsection 311.15 is amended to read as follows:
(a) The Director may terminate a participant from the ignition interlock program for any violation listed in § 311.13.
(b) Instead of terminating a participant from the ignition interlock program for a violation listed in § 311.13, the Director may require the participant to serve an additional sixty (60) days in the program for the participant’s first violation, ninety (90) days for the participant’s second violation, and one hundred and twenty (120) days for each subsequent violation.
(c) The additional period set forth in subparagraph (b) shall extend the time the participant is required to remain in the ignition interlock program beyond the revocation period.
Subsection 311.18 is amended to read as follows:
Subsection 311.19 is amended to read as follows:
311.19 [REPEALED.]
Subsection 311.20 is amended to read as follows:
311.20 Prior to termination from the ignition interlock program or the imposition of any penalties pursuant to § 311.15, the participant shall be given ten (10) days written notice and an opportunity to request a hearing by the Director or the Director’s designee. The request for a hearing shall be in writing. Failure to timely request a hearing shall waive any rights to such hearing. The hearing shall be informal, and may be conducted in person, by telephone, by mail, or through the internet, and shall be limited to the issue of whether or not the offense was committed. Documentation from the ignition interlock device, an approved certified service provider, a court, an administrative agency, or a law enforcement official shall be prima facie evidence that the offense was committed.
Subsection 311.21 is amended to read as follows:
311.21 The Director shall revoke the driver license of a person who unsuccessfully participates in the ignition interlock program. The license revocation period shall be for the full period of time provided by §§ 306.4, 306.6 or 306.7, whichever is applicable, without credit for any time served, as well as any extension period imposed by the Director pursuant to § 311.15(b).
Subsection 311.22 is amended to read as follows:
311.22 The Director shall revoke the registration of all vehicles identified in the application of a participant who unsuccessfully participates in the ignition interlock program. The period of revocation shall be concurrent with the period of time during which the participant’s driver license is revoked.
Subsection 311.23 is added to read as follows:
311.23
(a) If a participant fails to successfully complete the ignition interlock program, the person may request that the Director allow re-enrollment and re-entry into the program no earlier than thirty (30) days from the date the participant was terminated or withdrew from the program.
(b) If a participant failed to successfully complete an ignition interlock program in another jurisdiction, the person may request that the Director allow him or her to enroll in and enter the District of Columbia ignition interlock program no earlier than thirty (30) days from the date the participant was terminated or withdrew from the program.
(c) The decision to allow a participant to enter or re-enter the program pursuant to this subsection is within the discretion of the Director, and is not subject to review.
Subsection 311.24 is added to read as follows:
311.24 A participant who re-enters the ignition interlock program pursuant to § 311.23(a) shall not be credited for time served, and shall be required to participate in the ignition interlock program for the full period of time that was originally imposed, as well as any additional time imposed by the Director pursuant to § 311.15.
Subsection 311.25 is added to read as follows:
311.25 An applicant entering the ignition interlock program pursuant to § 311.23(b) shall not be credited for time served, and shall be required to participate in the ignition interlock program for either the full period of time that would have been imposed if the offense had occurred in the District, or the period of time remaining to be served in the former jurisdiction, whichever is greater.
Subsection 311.26 is added to read as follows:
311.26 If the applicant’s driver license was revoked pursuant to §§ 306.6 or 306.7, and the applicant seeks admittance into the ignition interlock program more than six (6) months after revocation, he or she will be required to pass the written knowledge test and the road test.
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.
