§ 50–2301.09. Department review of records.

(a) When requesting information to send notice of an outstanding notice of infraction as required under §§ 50-2302.05(f) and 50-2303.05(d)(2), the Department shall retrieve from its records the registered owner or lessee’s full name, address, vehicle make and model, and status as to whether the motor vehicle tag is active or inactive. For notices sent regarding motor vehicles registered in an out-of-state jurisdiction, the Department shall request the information from the relevant state motor vehicle agency.

(b) Before sending a notice required under §§ 50-2302.05(f) and 50-2303.05(d)(2), the Department shall review the information described in subsection (a) of this section to determine whether the notice of infraction was properly issued. The Department shall dismiss an infraction if the information materially conflicts with identifying information about a vehicle or tag provided in the notice of infraction; provided, that the Department shall not dismiss an infraction issued pursuant to subchapter III of this chapter solely because the notice of infraction failed to record the vehicle make and model, if the notice of infraction contains sufficient additional information, such as a photograph or a description of the vehicle, to determine that the vehicle matches the tag number provided in the notice of infraction.

(Sept. 12, 1978, D.C. Law 2-104, § 109; as added July 23, 2014, D.C. Law 20-127, § 3(d), 61 DCR 5711; Apr. 11, 2019, D.C. Law 22-298, § 2(a), 66 DCR 2017.)

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-127, § 5, see § 7009 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

Legislative History

Legislative history of Law 20–127

See note to § 50-2301.04.

Editor's Notes

Applicability of D.C. Law 20-127: Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.

Section 5 of D.C. Law 20-127, as amended by D.C. Law 20-155, § 7009, provided that the act shall apply as of October 1, 2014.