§ 50–1731.06. Enforcement; fines and penalties.

(a) The penalty for violating §§ 50-1731.03, 50-1731.04, or 50-1731.05 shall be a fine of $100; provided, that, for a violation of § 50-1731.04, the fine shall be suspended for a first time violator who, subsequent to the violation but prior to the imposition of a fine, provides proof of acquisition of a hands-free accessory of the type required by this chapter. The suspension shall not apply to violations related to texting.

(a-1) Repealed.

(a-2) Repealed.

(a-3) Repealed.

(a-4) Repealed.

(b) A violation of the provisions of §§ 50-1731.03, 50-1731.04, or 50-1731.05 shall be processed and adjudicated under the provisions applicable to moving violations set forth in subchapter II of Chapter 23 of this title.

(Mar. 30, 2004, D.C. Law 15-124, § 6, 51 DCR 1541; Apr. 8, 2005, D.C. Law 15-304, § 2, 52 DCR 1694; Dec. 10, 2009, D.C. Law 18-88, § 227(b), 56 DCR 7413; Feb. 18, 2017, D.C. Law 21-196, § 2, 63 DCR 15027; Sept. 11, 2019, D.C. Law 23-16, §§ 6082(b), 7184, 66 DCR 8621; Dec. 23, 2020, D.C. Law 23-158, § 6(b), 67 DCR 13057.)

Section References

This section is referenced in § 50-1731.03.

Effect of Amendments

D.C. Law 15-304 rewrote subsec. (b) which had read:

“(b) A violation of the provisions of § 50-1731.03, 50-1731.04 or 50-1731.05 shall be processed and adjudicated under the provisions applicable to moving violations set forth in subchapter II of Chapter 23 of this title.”

D.C. Law 18-88, in subsec. (a), inserted “The suspension shall not apply to violations related to texting.”

Applicability

Applicability of D.C. Law 21-196: § 3 of D.C. Law 21-196 provided that the change made to this section by § 2 of D.C. Law 21-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6082(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of amendments to this section, see § 7184 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 6082(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of amendments to this section, see § 7184 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Emergency Amendment Act of 2004 (D.C. Act 15-464, June 23, 2004, 51 DCR 6756).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Emergency Amendment Act of 2004 (D.C. Act 15-500, August 2, 2004, 51 DCR 8812).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-616, November 30, 2004, 51 DCR 11444).

For temporary (90 day) amendment of section, see § 2 of Distracted Driving Safety Revised Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-16, February 17, 2005, 52 DCR 2958).

For temporary (90 day) amendment of section, see § 227(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 227(b) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Distracted Driving Safety Revised Temporary Amendment Act of 2004 (D.C. Law 15-232, March 16, 2005, law notification 52 DCR 3558).