§ 50–2209.01. Authorized; violations as moving violations; evidence; definition.

(a) The Mayor is authorized to use an automated traffic enforcement system to detect moving infractions. Violations detected by an automated traffic enforcement system shall constitute moving violations. Proof of an infraction may be evidenced by information obtained through the use of an automated traffic enforcement system. For the purposes of this subchapter, the term “automated traffic enforcement system” means equipment that takes a film or digital camera-based photograph which is linked with a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic infraction.

(b) Recorded images taken by an automated traffic enforcement system are prima facie evidence of an infraction and may be submitted without authentication.

(c) An individual’s driver’s license or privilege to operate a motor vehicle in the District shall not be suspended for a violation detected by an automated traffic enforcement system for failure to:

(1) Timely answer a notice of infraction;

(2) Appear, without good cause, at a scheduled hearing; or

(3) Timely pay any civil fine or penalty.

(Apr. 9, 1997, D.C. Law 11-198, § 901, 43 DCR 4569; Oct. 23, 2012, D.C. Law 19-187, § 2(a), 59 DCR 10149; Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143.)

Prior Codifications

1981 Ed., § 40-751.

Effect of Amendments

The 2012 amendment by D.C. Law 19-187 added (c).

Applicability

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 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 addition of section, see § 901 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 901 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 901 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

For temporary amendment of section, see § 902 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 902 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 902 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

For temporary (90 day) addition of section, see § 2 of Automated Traffic Enforcement Fund Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-1, January 19, 2005, 52 DCR 2671).

Temporary Legislation

For temporary (225 day) addition, see § 901 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Editor's Notes

Because of the codification of D.C. Law 19-223, § 103 as Part B of this subchapter, the preexisting text, §§ 50-2209.01 to 50-2209.03, has been designated as Part A.