Subchapter II. Administration of Chapter.

§ 50–1301.03. Administration.

(a) The Mayor shall administer and enforce the provisions of this chapter. The Mayor may issue rules necessary to implement the provisions of this chapter, including, but not limited to, the amendment and revision of Chapter 8 of 18 DCMR. The fee for the reinstatement of a license or of a registration certificate shall be $98.

(b) The Mayor shall receive and consider any pertinent information upon request of persons aggrieved by their orders or acts under any of the provisions of this chapter.

(d) The Mayor shall retain records required for the administration of this chapter for a period of 5 years, after which the Mayor may destroy or otherwise dispose of such records.

(e) Nothing in this chapter shall diminish or affect, or be construed to diminish or affect any rights, duties, or obligations of any person under the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982.

(May 25, 1954, 68 Stat. 121, ch. 222, § 3; Sept. 8, 1960, 74 Stat. 862, Pub. L. 86-730, § 1; Oct. 31, 1969, 83 Stat. 175, Pub. L. 91-106, title IV, § 406; Apr. 3, 1982, D.C. Law 4-97, § 3, 29 DCR 765; Sept. 18, 1982, D.C. Law 4-155, § 14(c)(1), 29 DCR 3491; Aug. 2, 1983, D.C. Law 5-24,§ 7, 30 DCR 3341; June 5, 2003, D.C. Law 14-307, § 1704(a), 49 DCR 11664.)

Prior Codifications

1981 Ed., § 40-403.

1973 Ed., § 40-419.

Effect of Amendments

D.C. Law 14-307, in subsec. (a), substituted “$98” for “$30”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1704(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 1704(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 1704(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

References in Text

The “Compulsory/No-Fault Motor Vehicle Insurance Act of 1982”, referred to at the end of subsection (e) of this section, is D.C. Law 4-155.

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(294) 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.

§ 50–1301.04. Review by Mayor.

(a) Any order or act of any agent of the Mayor under the provisions of this chapter shall be subject to review by the Mayor. Application for review of any such order or act shall be in writing and shall set out in detail the reasons for such review. Such application shall be filed with the Mayor within 5 days after the issuance of the order or occurrence of the act in question. If upon review the Mayor shall sustain such order or act, the same shall become effective immediately.

(b) Any person whose license or motor vehicle registration shall be denied, suspended, or revoked by the Mayor under the provisions of this chapter may, within 30 days after such denial, revocation, or suspension has been reviewed by the Mayor and sustained by him, file in the District of Columbia Court of Appeals an application for the allowance of an appeal from the order or decision of the Mayor. Appeal shall be as provided in subchapter I of Chapter 5 of Title 2.

(c) Notwithstanding any other provision of this section the provisions of title I of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.), and particularly those of § 2-509, apply to each proceeding, decision, or other administrative action specified in this chapter.

(d) For the purposes of this section, the phrase “review by the Mayor” shall mean a review by the Mayor of the District of Columbia or a review by any board of review established by the Mayor of the District of Columbia to review the order or act of any agent of the Mayor pursuant to the provisions of this chapter. No member of such board of review established by the Mayor shall review any of his own orders or acts.

(May 25, 1954, 68 Stat. 122, ch. 222, § 4; Aug. 28, 1958, 72 Stat. 954, Pub. L. 85-792, § 3; July 8, 1963, 77 Stat. 78, Pub. L. 88-60, § 6; July 29, 1970, 84 Stat. 583, Pub. L. 91-358, title I, § 163(h); Apr. 26, 1977, D.C. Law 1-133, title I, § 101, 23 DCR 9697; Apr. 20, 1999, D.C. Law 12-264, § 43(b), 46 DCR 2118.)

Prior Codifications

1981 Ed., § 40-404.

1973 Ed., § 40-420.

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 401 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 a single Commissioner. 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.

§ 50–1301.05. Abstract of operating record.

(a)(1) The Mayor shall, upon request, furnish any person a certified abstract of the District of Columbia operating record of any person subject to the provisions of this chapter, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved and reference to any convictions of said person for violation of the motor vehicle laws as reported to the Mayor and a record of any vehicles registered in the name of such person. The Mayor shall collect for each abstract the sum of $7.

(2) The Department of Motor Vehicles and the Office of the Attorney General for the District of Columbia are authorized to certify, for any purpose, an operating record abstract.

(b) The Mayor shall upon request furnish any person an uncertified abstract of the District operating record of any person subject to the provisions of this chapter, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved and reference to any convictions of said person for violation of the motor vehicle laws, as reported to the Mayor. The Mayor shall collect for each such uncertified abstract a sum equal to the cost to the District of furnishing such abstract, as such cost may be determined by the Mayor from time to time.

(May 25, 1954, 68 Stat. 122, ch. 222, § 5; Apr. 3, 1982, D.C. Law 4-97, § 4, 29 DCR 765; Aug. 17, 1991, D.C. Law 9-30, § 5, 38 DCR 4215; June 5, 2003, D.C. Law 14-307, § 1704(b), 49 DCR 11664; Apr. 8, 2005, D.C. Law 15-307, § 202, 52 DCR 1700.)

Prior Codifications

1981 Ed., § 40-405.

1973 Ed. § 40-421.

Effect of Amendments

D.C. Law 14-307, in subsec. (a), substituted “$7” for “$5”.

D.C. Law 15-307, in subsec. (a), designated the existing text as par. (1), and added par. (2).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1704(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 1704(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 1704(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

Temporary Legislation

For temporary (225 day) amendment of section, see § 109 of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).

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 401 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 a single Commissioner. 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.

§ 50–1301.05a. Production of documentary material.

(a) A certified copy of any record of the Department of Motor Vehicles shall be deemed authentic without further testimony as evidence in any judicial proceeding or administrative hearing.

(b) The Director may satisfy a Superior Court subpoena directed to the production of documents by providing a duly authenticated copy of any record or other document in the possession of the Department in the form of a photocopy, computer printout, or reproduction of an electronically digitalized or recorded document or information, irrespective of the existence of a corresponding original document.

§ 50–1301.06. Information regarding financial responsibility to be furnished person injured.

The Mayor shall furnish to any person who may be injured in person or property by any motor vehicle, upon written request, a statement that the owner or operator of any motor vehicle has furnished evidence of his ability to respond in damages in accordance with the provisions of this chapter, and if such owner or operator shall have furnished evidence of having had in effect at the time of such injury or damage a motor vehicle liability policy, the name and address of the insurance carrier writing such policy. The Mayor shall collect for each abstract the sum of $7.

(May 25, 1954, 68 Stat. 122, ch. 222, § 6; Mar. 14, 2007, D.C. Law 16-279, § 103(b), 54 DCR 903.)

Prior Codifications

1981 Ed., § 40-406.

1973 Ed., § 40-422.

Effect of Amendments

D.C. Law 16-279 increased the abstract fee from $2 to $7.

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 401 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 a single Commissioner. 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.

§ 50–1301.07. Service of process on nonresident.

(a) The operation by a nonresident or by his agent of a motor vehicle on any public highway of the District of Columbia shall be deemed equivalent to an appointment by such nonresident of the Mayor or his successor in office to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against such nonresident growing out of any accident or collision in which said nonresident or his agent may be involved while operating a motor vehicle on any such public highway, and said operation shall be a signification of his agreement that any such process against him, which is so served, shall be of the same legal force and validity as if served upon him personally in the District of Columbia. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the Mayor or in his office, and such service shall be sufficient service upon the said nonresident; provided, that notice of such service and a copy of the summons and complaint are forthwith sent by certified mail without return receipt requested by the plaintiff, or his attorney, to the defendant at his last known address. The plaintiff has a duty to exercise due diligence in the investigation of the last known address of the defendant. The court in which the action is pending may order such continuances as may be necessary to afford the defendant a reasonable opportunity to defend the action, and no judgment by default in any such action shall be granted until at least 20 days shall have elapsed after attempted service upon the defendant, as hereinabove provided, of a copy of the process and notice of service of said process upon the Mayor.

(b) For the purposes of this section:

(1) The term “operation” as used in connection with a motor vehicle includes any use as well as any operation of such vehicle.

(2) The term “nonresident” shall include any person who is not a resident of the District of Columbia and who was the owner or operator of a motor vehicle at the time such vehicle was involved in an accident or collision in the District of Columbia, and includes any such person who was a resident of the District of Columbia at the time such motor vehicle was involved in such accident or collision but who subsequently became a nonresident of the District of Columbia and is a nonresident thereof at the time process is sought to be served on him as a result of such accident or collision.

(c) The appointment of the Mayor or his successor in office to be the true and lawful attorney for such nonresident as provided by this section shall be irrevocable and binding upon the executor, administrator, or other personal representative of such nonresident. Where a nonresident has been served in accordance with this section and he dies thereafter, the court must allow the action to be continued against his executor, administrator, or other personal representative upon motion, and with such notice as the court deems proper. Except as otherwise provided in the 2 preceding sentences, service of process may be made on the executor, administrator, or other personal representative of a nonresident in the same manner as is provided in this section in the case of a nonresident.

(May 25, 1954, 68 Stat. 123, ch. 222, § 7; Aug. 28, 1958, 72 Stat. 954, Pub. L. 85-792, § 4; Mar. 19, 2013, D.C. Law 19-242, § 2, 59 DCR 14936.)

Prior Codifications

1981 Ed., § 40-407.

1973 Ed., § 40-423.

Effect of Amendments

The 2013 amendment by D.C. Law 19-242 rewrote (a).

References in Text

Section 13-108, referred to in subsection (a) of this section, was repealed by the Act of December 23, 1963, 77 Stat. 620, Pub. L. 88-241.

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 401 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 a single Commissioner. 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.

§ 50–1301.07a. Service of process on District residents.

(a) Service of process may be made pursuant to the rules of the Superior Court on a defendant who is a resident and who was the owner or operator of a motor vehicle at the time such vehicle was involved in a collision on any public highway of the District.

(b) When proof is made by affidavit that good faith efforts to serve a defendant pursuant to subsection (a) of this section have not succeeded, the court may order any other means of service that it considers appropriate in the circumstances and reasonably calculated to give actual notice, including by ordering that service be made upon the liability carrier to the defendant, the attorney the liability carrier retained, or the claims adjuster assigned to the claim. Such service shall be of the same legal force and validity as if served upon the defendant personally in the District.

(c) Notice of service made pursuant to subsection (b) of this section shall include a copy of the summons and complaint and shall be sent by certified mail without return receipt requested by the plaintiff, or the plaintiff's attorney, to the defendant at the defendant's last known address. The plaintiff has a duty to exercise due diligence in the investigation of the last known address of the defendant.

(d) The methods of service provided in this section are in addition to any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.

(e) For the purposes of this section, the term "resident" shall include any person who is a resident of the District at the time of the collision or who was not a resident of the District at the time of the collision but subsequently became a resident of the District and is a resident of the District at the time process is sought to be served on the person as a result of such collision.

§ 50–1301.08. Operator deemed to be agent of owner.

Whenever any motor vehicle, after the passage of this chapter, shall be operated upon the public highways of the District of Columbia by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall in case of accident, be deemed to be the agent of the owner of such motor vehicle, and the proof of the ownership of said motor vehicle shall be prima facie evidence that such person operated said motor vehicle with the consent of the owner.

§ 50–1301.09. Motor Vehicle Owners’ and Operators’ Financial Responsibility Fund, D. C. [Repealed]

Repealed.