§ 50–1706. Penalty; waiver of fine.

(a)(1) First time offenders of this chapter shall be given a choice of paying a $75 fine or attending a child restraint safety class, for which they will be charged $25. For the second offense, offenders shall be required to attend a child safety class, for which they will be charged $25 and pay a $75 fine. For the third offense, offenders shall be fined $125. For the fourth, and each subsequent offense, offenders shall receive a $150 fine.

(2) Violations shall be processed and adjudicated as moving violations.

(b) The fine for the first violation of § 50-1703(a) by any operator shall be waived upon presentation of proof by the operator that an approved child restraint seat has been acquired subsequent to the violation, either by purchase, gift, or through an officially designated child restraint seat loan program, by the operator or by the parent or legal guardian of the child who was transported without being properly restrained.

(c) The Director of the Department of Transportation shall assign 2 points under the provisions of 18 DCMR to the driver record of any person convicted of a violation of this chapter.

(Mar. 10, 1983, D.C. Law 4-194, § 7, 30 DCR 49; Mar. 7, 1992, D.C. Law 9-57, § 2(d), 38 DCR 7283; Oct. 19, 2002, D.C. Law 14-212, § 2(e), 49 DCR 8137; Mar. 14, 2007, D.C. Law 16-279, § 303, 54 DCR 903.)

Prior Codifications

1981 Ed., § 40-1206.

Effect of Amendments

D.C. Law 14-212 rewrote subsec. (a) which had read as follows: “(a) Any individual who violates any provision of this chapter shall be subject to a fine of $55, and the violation shall be processed and adjudicated under the provisions applicable to parking, standing, stopping, and pedestrian infractions which are set forth in subchapter III of Chapter 23 of this title.”

D.C. Law 16-279, in subsec. (a)(2), substituted “as moving violations” for “under the provisions applicable to parking, standing, stopping, and pedestrian infractions which are set forth in subchapter III of Chapter 23 of this title”.

Transfer of Functions

The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.