§ 50–2303.03. Notice of infraction.

(a) The notice of infraction shall be the summons and complaint for the purposes of this subchapter. The Director shall prescribe the form of the notice of infraction and shall establish procedures for the proper administrative controls over the dispersal thereof. The notice of infraction may be the same as the uniform traffic violation notice.

(b) The notice of infraction shall contain information advising the person to whom it is issued of the manner in which and the time within which he may answer to the infraction alleged in the notice. Such notice shall also contain a warning to advise the person cited that failure to answer in the manner and time provided shall result in additional monetary penalties and that failure to appear at the hearing shall be deemed an admission of liability and that a default judgment may be entered thereon. A duplicate of each notice of infraction shall be served on the person to whom it is issued as provided in subsection (c) of this section. The original or a facsimile thereof shall be filed with the Department and retained by the Department and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.

(c) Except as provided in subsection (c-1) of this section, a notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing the notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of the vehicle together with the make or model of the vehicle.

(c-1) When a violation is detected by an automated parking enforcement system, or when the operator of a motor vehicle leaves the site of a violation before personal service or service by affixing the notice to the vehicle can be effectuated, the Mayor may mail a notice of infraction to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency. The notice shall include:

(1) The date, time, and location of the violation;

(2) The type of violation detected;

(3) The license plate number and state of license plate issuance of the vehicle detected; and

(4) A copy of the photo or digitized image of the violation.

(c-2) Service of the notice of infraction, or a duplicate, by affixation or by mail shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.

(c-3) When a notice of infraction is issued under this chapter to a vehicle that is required to clearly display an MRV Site Permit, pursuant to 24 DCMR § 535.1(a-1), the Mayor shall file a facsimile of the notice of infraction with the Department of Consumer and Regulatory Affairs.

(d) For purposes of this section, an operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notices of infraction, whether personally served on such operator or served by affixation, and service made in either manner shall also be deemed to be lawful service upon such owner.

(e) If a hearing examiner determines that a notice of infraction is defective on its face, for reasons other than compliance with subsection (b) of this section, he shall enter an order dismissing the notice of infraction and promptly notify the person to whom it was issued; provided, that a hearing examiner shall not enter an order dismissing a notice of infraction because the notice of infraction lacks information about the vehicle or infraction, other than the information required by 18 DCMR § 3000.1.

(Sept. 12, 1978, D.C. Law 2-104, § 303, 25 DCR 1275; Apr. 27, 2001, D.C. Law 13-289, § 302(g), 48 DCR 2057; Mar. 14, 2007, D.C. Law 16-279, § 301(e), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(b), 55 DCR 7513; Apr. 11, 2019, D.C. Law 22-298, § 2(b), 66 DCR 2017; Sept. 11, 2019, D.C. Law 23-16, § 6032, 66 DCR 8621.)

Prior Codifications

1981 Ed., § 40-623.

1973 Ed., § 40-1117.

Section References

This section is referenced in § 1-629.05.

Effect of Amendments

D.C. Law 13-289, in subsec. (e), substituted “on its face, for reasons other than compliance with subsection (b)” for “on its face”.

D.C. Law 16-279 rewrote subsec. (c), which formerly read:

“(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service and his name, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the make or model of such vehicle, shall be inserted therein. If the operator is not present, the notice of infraction shall be served upon the owner of the vehicle by affixing such notice to such vehicle in a conspicuous place, by inserting the word “owner” in the space provided for identification of such person and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of such vehicle. Service of the notice of infraction or a duplicate thereof by affixation, as herein provided, shall have the same force and effect and shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.”

D.C. Law 17-217 rewrote subsec. (c) and added subsecs. (c-1) and (c-2). Prior to amendment, subsec. (c) read as follows: “(c) A notice of infraction shall be served personally upon the operator of a vehicle who is present at the time of service or by affixing such notice to the vehicle in a conspicuous place and by noting the plate designation and plate type as shown by the registration plates of such vehicle together with the make or model of the vehicle. Service of the notice of infraction or a duplicate thereof by affixation shall have the same force and effect, and the infraction shall be subject to the same penalties for the disregard thereof as though the notice of infraction was personally served on the owner and operator of the vehicle.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6032 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 § 6032 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(a) of Street Sweeping Improvement Enforcement Amendment Emergency Act of 2008 (D.C. Act 17-369, May 20, 2008, 55 DCR 6087).

For temporary (90 day) amendment, see § 2(b) of Street Sweeping Improvement Enforcement Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-458, July 28, 2008, 55 DCR 8723).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Street Sweeping Improvement Enforcement Temporary Amendment Act of 2008 (D.C. Law 17-218, August 15, 2008, law notification 55 DCR 9902).