§ 50–2201.02. Definitions.

For the purposes of this chapter, the term:

(1) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.

(2) “All-terrain vehicle” or “ATV” means any motor vehicle with 3 or more tires that is designed primarily for off-road use and which has a seat or saddle designed to be straddled by the operator. The terms “all-terrain vehicle” and “ATV” shall not include golf carts, riding lawnmowers, or tractors.

(2A) "Block" means the 2 opposite sides of a street between 2 consecutive street intersections.

(2B) "Block face" means one side of a block.

(3) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.

(4) “Commercial vehicle” means a vehicle used to transport passengers or property:

(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;

(B) If the vehicle is designed to transport more than 15 passengers, including the driver;

(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or

(E) If the vehicle is a vehicle for hire.

(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.

(5A) "Director" means the Director of the District Department of Transportation.

(6) “Dirt bike” means any motorcycle designed primarily for off-road use.

(6A)(A) "Electric mobility device" means a device weighing less than 75 pounds that:

(i) Has an electric motor;

(ii) Is solely powered by the electric motor or human power;

(iii) Is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and

(iv) Is no greater than 24 inches wide and 55 inches long.

(B) The term "electric mobility device" shall not include a motorized bicycle, personal mobility device, motorcycle, or moped.

(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.

(8) “Identifying information” means the name, complete address, and telephone number of the operator of the vehicle; if the owner of the vehicle is different from the operator of the vehicle, the name, complete address, and telephone number of the owner of the vehicle operated; the tag number of the vehicle operated or, if no tag number, the vehicle identification number; and insurance information for the vehicle operated.

(8A) Not Funded.

(8B) Not Funded.

(9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.

(9A) "Lock-to mechanism" means a mechanism on shared fleet devices that locks the device to an object or infrastructure.

(10) “Mayor” means the Mayor of the District of Columbia or his or her designee.

(11) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, electric mobility devices, personal mobility devices, motorized bicycles or a battery-operated wheelchair when operated by a person with a disability.

(11A)(A) "Motorized bicycle" means a 2 or 3 wheeled vehicle with all of the following characteristics:

(i) A post mounted seat or saddle for each person that the device is designed and equipped to carry;

(ii) A vehicle with 2 or 3 wheels in contact with the ground, which are at least 16 inches in diameter;

(iii) Fully operative pedals for human propulsion; and

(iv) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground.

(B) The term "motorized bicycle" shall not include electric mobility devices, personal mobility devices, or a battery-operated wheelchair when operated by a person with a disability.

(12) “Park” means to leave any motor vehicle standing on a highway, whether or not attended.

(12A) "Permitted operator" means a SFD operating company that has a SFD permit.

(12B) "Personal information" means information that can reasonably be used to contact or distinguish a person, including internet protocol addresses, device identifiers, bank or credit card information, home addresses, email addresses, or phone numbers.

(13)(A) "Personal mobility device" or "PMD" means a motorized propulsion device that is designed to transport only one person that:

(i) Weighs 75 pounds or more; or

(ii) Is a self-balancing, two non-tandem wheeled device.

(B) The term "personal mobility device" shall not include:

(i) A battery-operated wheelchair;

(ii) An electric mobility device; or

(iii) A motorized bicycle.

(14) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years prior to the arrest on the current offense.

(14A) "Rider" mean a person riding a bicycle, motorized bicycle, e-bicycle, electric mobility device, or other personal mobility device. The term "rider" does not include a person operating a motor-driven cycle or motorcycle, as those terms are defined in 18 DCMR § 9901.1.

(14B) "SFD fleet" means all shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator.

(14C)(A) "SFD operating company" means a company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way.

(B) The term "SFD operating company" shall not include the District Department of Transportation or its contractors operating Capital Bikeshare.

(14D) "SFD permit" means a public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.

(14E) "Shared fleet device" means an electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.

(15) “This chapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.

(16) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.

(17) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.

(18) “Vehicle conveyance fee” shall have the same meaning as provided in § 50-2301.02(9).

(19) “Vehicle for hire” means:

(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;

(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;

(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or

(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs, but not including shared fleet devices.

(20) “Work zone” means the area of a highway or roadway that is affected by construction, maintenance, or utility work activities, including the area delineated by and within all traffic control devices erected or installed to guide vehicular, pedestrian, and bicycle traffic.

(Mar. 3, 1925, 43 Stat. 1119, ch. 443, § 2; July 3, 1926, 44 Stat. 812, ch. 739, § 1; Feb. 27, 1931, 46 Stat. 1424, ch. 317, § 1; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 26, 1977, D.C. Law 1-133, title II, § 201(a), 23 DCR 9697; Nov. 15, 1983, D.C. Law 5-42, § 2(a), 30 DCR 4999; Mar. 15, 1985, D.C. Law 5-176, § 12(a), 32 DCR 748; May 5, 1992, D.C. Law 9-96, § 4(a), 38 DCR 7274; Apr. 27, 2001, D.C. Law 13-289, § 401(a), 48 DCR 2057; Mar. 25, 2003, D.C. Law 14-235, § 10(a), 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, §§ 90(c), 94 - 97, 51 DCR 881; Apr. 5, 2005, D.C. Law 15-289, § 2(a), 52 DCR 1446; Mar. 6, 2007, D.C. Law 16-224, § 101(a), 53 DCR 10225; Jan. 23, 2008, D.C. Law 17-67, § 2(a), 54 DCR 11646; Mar. 20, 2009, D.C. Law 17-303,§ 3(a), 55 DCR 12803; Sept. 26, 2012, D.C. Law 19-171, § 140, 59 DCR 6190; Apr. 27, 2013, D.C. Law 19-266, § 102(a), 59 DCR 12957; May 10, 2019, D.C. Law 22-313, § 17, 66 DCR 1627; Mar. 16, 2021, D.C. Law 23-203, § 101(a), 67 DCR 13886; Nov. 13, 2021, D.C. Law 24-45, § 6112(a), 68 DCR 010163; Dec. 21, 2022, D.C. Law 24-214, § 2(a), 69 DCR 14004; Apr. 20, 2024, D.C. Law 25-161, § 4(a), 71 DCR 2248.)

Prior Codifications

1981 Ed., § 40-702.

1973 Ed., § 40-602.

Section References

This section is referenced in § 5-114.01, § 31-2402, § 50-601, § 50-1108, § 50-1201, § 50-1301.02, § 50-1331.01, § 50-1401.01, § 50-1501.01, § 50-1505.01, § 50-1901, § 50-2301.02, and § 50-2602.

Expiration of Law

Expiration of Law 14-235

Section 14 of D.C. Law 14-235 provided that the act shall expire on October 1, 2005.

Applicability

Applicability of D.C. Law 25-161: § 8 of D.C. Law 25-161 provided that the change made to this section by § 4(a) of D.C. Law 25-161 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 § 6112(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2 of All-Terrain Vehicle Clarification Emergency Amendment Act of 2019 (D.C. Act 23-37, Apr. 3, 2019, 66 DCR 4942).

For temporary (90 days) amendment of this section, see § 2 of All-Terrain Vehicle Clarification Emergency Amendment Act of 2018 (D.C. Act 22-387, June 22, 2018, 65 DCR 7009).

For temporary (90-day) amendment of section, see § 2(a) of the Motor Coach Vehicles Tax Exemption Emergency Amendment Act of 1999 (D.C. Act 13-182, November 22, 1999, 47 DCR 1).

For temporary (90 day) amendment of section, see § 10(a) of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Emergency Amendment Act of 2005 (D.C. Act 16-237, December 22, 2005, 53 DCR 249).

For temporary (90 day) amendment of section, see § 10(a) of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-323, March 23, 2006, 53 DCR 2567).

For temporary (90 day) amendment of section, see § 101(a) of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).

For temporary (90 day) amendment of section, see § 2(a) of Doubled Fines in Construction and Work Zones Emergency Amendment Act of 2007 (D.C. Act 17-149, October 18, 2007, 54 DCR 10894).

For temporary (90 day) amendment of section, see § 2(a) of Doubled Fines in Construction and Work Zones Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-252, January 23, 2008, 55 DCR 1264).

For temporary (90 day) amendment of section, see § 102(a) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary amendment of section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).

For temporary (90 days) amendment of this section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 102(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of All-Terrain Vehicle Clarification Temporary Amendment Act of 2018 (D.C. Law 22-159, Sept. 1, 2018, 65 DCR 7537).

For temporary (225 day) amendment of section, see § 10(a) of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Temporary Amendment Act of 2006 (D.C. Law 16-85, April 4, 2006, law notification 53 DCR 3344).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402 (292, 293, 295 to 299) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.