Chapter 14. Operators’ Permits and Identification Cards.

Subchapter I. General.

§ 50–1401.01. Fee; examination; age requirements; lost permits; provisions for armed forces personnel; contents; operation without permit prohibited; restrictions for minors.

(a)(1) The Mayor is authorized to issue a new or renewed motor vehicle operator’s permit, valid for a period not to exceed 8 years plus any time period prior to the expiration date of a previous license not to exceed 2 months, to any individual 17 years of age or older, subject to the following conditions and any other conditions the Mayor may prescribe to protect the public:

(A) The applicant shall pay an application fee of $30, which may be increased by the Mayor to compensate the District for processing and evaluating the application and issuing the permit. Alternatively, the Mayor is authorized to prorate existing fees to correspond to the duration of the license issued.

(A-i)(i) Effective October 1, 2015, an applicant for an operator’s permit shall pay an application fee of $47, which the Mayor may increase or decrease to compensate the District for processing and evaluating the application and issuing the permit. The Mayor may prorate the fee to correspond to the duration of the license issued.

(ii) Repealed.

(iii) Repealed.

(A-ii)(i) Notwithstanding subparagraph (A-i) of this paragraph, the fee described in subparagraph (A-i) of this paragraph shall be waived for:

(I) An individual released from the custody of the Federal Bureau of Prisons ("BOP"), for one year after the individual is released from the custody of the BOP; and

(II) An individual in the custody of the BOP at a halfway house in the District.

(ii) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subparagraph.

(B) The applicant shall demonstrate that he or she is mentally, morally, and physically qualified to operate a motor vehicle in a manner not to jeopardize the safety of individuals or property. The Mayor shall determine whether an applicant is qualified through:

(i) An examination of the applicant’s knowledge of the traffic regulations and regulations for safely sharing roadways with pedestrians and bicyclists in the District;

(ii) A practical demonstration, or evidence acceptable to the Mayor of the applicant’s ability to operate a motor vehicle within any portion of the District, except that upon renewal of an operator’s permit or upon the application of an individual who meets the criteria set forth in subparagraph (C) of this paragraph, the examination and demonstration may be waived in the discretion of the Mayor; and

(iii) Any other criteria as the Mayor may establish.

(B-i) Not Funded.

(C) An applicant under the age of 21, shall meet the following additional qualifications in addition to the qualifications in subparagraph (B) of this paragraph:

(i) The applicant shall be the holder of a valid provisional permit issued at least 6 months prior to the application in accordance with paragraph (2A) of this subsection;

(ii) The applicant shall not have admitted to, been liable for, or convicted of an offense for which points may be assessed during the 12 consecutive month period immediately preceding the application; and

(iii) The applicant shall have received 10 hours of nighttime driving experience, as certified by the holder of a valid motor vehicle operator’s permit from any jurisdiction, who is 21 years of age or older and has accompanied the applicant while the applicant was operating the motor vehicle.

(D) No permittee under the age of 18 shall:

(i) Operate a motor vehicle occupied by more than 2 passengers under the age of 21, except that this restriction shall not apply to a passenger who is a sibling of the permittee;

(ii) Operate a motor vehicle in which the permittee or any passenger fails to wear a seat belt; or

(iii) Operate a motor vehicle between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. on the following day during any month except July or August, and from 12:01 a.m. until 6:00 a.m. during July and August and on any Saturday or Sunday the rest of the year, unless driving to or from employment, a school-sponsored activity, religious or an athletic event or related training session in which the permittee is a participant, sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or unless accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older and who is occupying a seat beside the permittee; or

(iv) Operate a motor vehicle other than a passenger vehicle or motorized bicycle used solely for the purposes of pleasure and not for compensation.

(2) The Mayor is authorized to issue a new learner's permit valid for 2 years to any individual 16 years of age or older subject to the following conditions and any other conditions the Mayor may prescribe to protect the public:

(A)(i) The applicant shall pay an application fee of $15, which may be increased by the Mayor for the costs of processing and evaluating the application and issuing the permit.

(ii) Repealed.

(iii) Repealed.

(A-i)(i) Notwithstanding subparagraph (A) of this paragraph, the fee described in subparagraph (A) of this paragraph shall be waived for:

(I) An individual released from the custody of the Federal Bureau of Prisons ("BOP"), for one year after the individual is released from the custody of the BOP; and

(II) An individual in the custody of the BOP at a halfway house in the District.

(ii) The Mayor, pursuant to subchapter II of Chapter 5 of Title 2, may issue rules to implement the provisions of this subparagraph.

(B) The applicant shall have successfully passed all parts of the examination other than the driving demonstration test;

(i) Operate a motor vehicle except for a passenger vehicle used solely for pleasure;

(ii) Operate a motor vehicle for compensation;

(iii) Operate a motor vehicle unless while under the instruction of and accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older, occupying a seat beside the permittee, and wearing a seat belt; and

(iv) Operate a motor vehicle except during the hours of 6 a.m. and 9 p.m.; and

(D) An individual whose learner's permit has expired pursuant to this paragraph may apply for a new learner's permit; provided, that the individual shall again comply with the requirements set forth in this paragraph.

(2A) The Mayor is authorized to issue a new or renewed provisional motor vehicle operator’s permit, valid for a period not to exceed 1-year, to any individual 16 and 1/2 years of age or older subject to the following conditions and any other conditions the Mayor may prescribe to protect the public:

(A)(i) The applicant shall pay an application fee of $15, which may be increased by the Mayor for the costs of processing and evaluating the application and issuing the permit;

(ii) Repealed.

(iii) Repealed.

(A-i)(i) Notwithstanding subparagraph (A) of this paragraph, the fee described in subparagraph (A) of this paragraph shall be waived for:

(I) An individual released from the custody of the Federal Bureau of Prisons ("BOP"), for one year after the individual is released from the custody of the BOP; and

(II) An individual in the custody of the BOP at a halfway house in the District.

(ii) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subparagraph.

(B) The applicant shall satisfy the qualification requirements set forth in subsection (a)(1)(B) of this section and:

(i) Shall be the holder of a valid learner’s permit issued at least 6 months prior to the application for a provisional permit;

(ii) Shall not have admitted to, been found liable for, or been convicted of an offense for which points may be assessed in the last 6 months; and

(iii) Shall have received 40 hours of driving experience as certified by the holder of a valid motor vehicle operator’s permit from any jurisdiction, who is 21 years of age or older and who has accompanied the applicant while the applicant was operating the motor vehicle.

(i) Operate a motor vehicle occupied by any passengers other than one holder of a valid motor vehicle operator’s permit who is 21 years of age or older, occupying the seat beside the permittee, and wearing a seat belt, and any other passenger who is a sibling or parent of the permittee; or

(ii) Operate a motor vehicle between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. on the following day during any month except July or August, and from 12:01 a.m. until 6:00 a.m. during July and August and on any Saturday or Sunday the rest of the year, unless driving to or from employment, a school-sponsored activity, religious or an athletic event or related training session in which the permittee is a participant, sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or unless accompanied by the holder of a valid motor vehicle operator’s permit who is 21 years of age or older, wearing a seat belt, and occupying a seat beside the permittee.

(2B) Notwithstanding the provision of subsection (a)(1)(C), (a)(2)(B), and (a)(2A) of this section, a person under the age of 21 who holds a valid motor vehicle permit from another jurisdiction shall be eligible for a comparable District of Columbia driver’s permit, provided that the permittee’s operation of a motor vehicle shall be subject to the applicable restrictions set forth in subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C) of this section.

(2C) Penalties:

(A) Any violation of the permit restrictions set forth [in] subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C) of this section, in addition to any other penalties that may be imposed by law, shall result in the suspension of the permits issued pursuant to subsection (a)(1)(C), (a)(2), or (a)(2A) and the addition of a period of time equal to the period of permit suspension to the requirements set forth in (a)(1)(C)(i) and (a)(2A)(B)(i) as follows:

(i) The first offense shall result in a suspension of 30 days;

(ii) The second offense shall result in suspension of 60 days; and

(iii) The third and subsequent offenses shall result in a suspension of 90 days.

(B) The Mayor shall notify, in writing, the parent or legal guardian of a permittee who is under 18 years of age and who violates subsection (a)(1)(D), (a)(2)(C), or (a)(2A)(C);

(2D) Operator’s permits subject to the provisions of this subchapter, including a learner’s permit, provisional permit and operator’s permit, shall be visually distinguishable pursuant to rules promulgated by the Department of Motor Vehicles.

(3) Any pupil 15 years of age or over enrolled in a high school or junior high school driver education and training course approved by the Mayor or his designated agent may, without obtaining either an operator’s or a learner’s permit, operate a dual control motor vehicle between the hours of 6 a.m. and 11 p.m., where the pupil is under instruction and accompanied by a licensed motor vehicle driving instructor; provided, that such instructor shall at all times while he is engaged in such instruction have on his person a certificate from the principal or other person in charge of such school, stating that such instructor is officially designated to instruct pupils enrolled in such course, and whenever demand is made by a police officer such instructor shall display to him such certificate.

(3A) Notwithstanding the passenger restrictions set forth in subsection (a)(1)(D), (a)(C)(iii), and (a)(2A)(C)(iii) of this subsection, a permittee who is enrolled in a driver education course may operate a motor vehicle containing a greater number of passengers while the permittee is under the instruction of and accompanied by a licensed motor vehicle driving instructor provided that the other passengers are also receiving driving instruction.

(4) In the event an operator’s permit, learner’s permit, or a provisional permit issued under the authority of this section is lost or destroyed, or requires replacement for any reason, other than through error or other act of the Mayor, not caused by the person to whom such permit was issued, such person may obtain a duplicate or replacement operator’s permit upon payment of a fee of $20, or such person may obtain a duplicate or replacement learner’s permit, or replacement provisional permit upon payment of a fee of $20.

(5) Enlisted men of the Army, Navy, Air Force, Marine Corps, and Coast Guard shall be issued, without charge, a permit to operate government-owned vehicles, while engaged in official business, upon the presentation of a certificate from their commanding officers to the effect that they are assigned to operate a government vehicle and are qualified to drive, and upon proving to the satisfaction of the Director of the Department of Transportation that they are familiar with the traffic regulations of the District of Columbia.

(5A)(A) Except as provided in subparagraph (C) of this paragraph, any eligible United States citizen or resident who is at least 18 years of age but no more than 26 years of age shall be registered with the Selective Service System, in compliance with the requirements of 50 U.S.C. App. § 453, when applying for an operator’s permit or identification card pursuant to the laws of the District.

(B) The Director of the Department of Motor Vehicles (“Department”) shall forward, in an electronic format, the personal information required of the applicant identified in subparagraph (A) of this paragraph to the Selective Service System for registration. The Department shall notify the applicant on the application for an operator’s permit or an identification card that submitting the application serves as consent to register with the Selective Service System, in compliance with federal law.

(C) The Director of the Department of Motor Vehicles shall make available a form, separate from the application, which shall indicate that the applicant has chosen not to use the operator’s permit or identification card application as a means of registering with the Selective Service System (“waiver form”). The waiver form shall state the effects of failure to register and the programs that condition eligibility upon registration with the Selective Service System. Applicants shall be informed that the waiver form is available upon request. The waiver form shall also state the civil and criminal penalties for failure to register for Selective Service. Failure to submit the waiver form is form shall be deemed affirmative proof that the applicant authorizes the Director of the Department to forward to the Selective Service System the information necessary to complete registration on behalf of the applicant. The waiver form, after completion, shall be added to the applicants file.

(D) This form shall comply with the requirements of subchapter II of Chapter 31 of Title 2 [§ 2-1931 et seq.] including being printed in each required language under § 2-1933.

(E) An applicant’s submission of the waiver form specified in subparagraph (C) of this paragraph shall not be treated as grounds for denial of an application for an operator’s permit or an identification card.

(F) The Director of the Department shall not forward to the Selective Service System the personal information of an individual who completes and submits the waiver form described in subparagraph (C) of this paragraph.

(6) Notwithstanding the provisions of this subsection, the Mayor or his designated agent may, upon compliance with such regulations as the Mayor may prescribe, extend for a period not in excess of 6 years the validity of the operator’s permit of any person who is a resident of the District and who is on active duty outside the District in the armed forces or the Merchant Marine of the United States and who was at the time of leaving the District the holder of a valid operator’s permit.

(a-1)(1) The Mayor and the Board of Elections and Ethics shall jointly develop an application form and a change of name and address form by January 1, 1989, which shall allow an applicant wishing to register to vote to do so by the use of a single form containing the necessary information for voter registration and the information required for the issuance, renewal, or correction of the applicant’s driver’s permit or identification card.

(2) Commencing not later than May 1, 1989, the Mayor shall provide each qualified elector who applies for the issuance, renewal, or correction of any type of driver’s permit or for an identification card an opportunity to complete an application to register to vote by use of a single form containing the necessary required information for the issuance, renewal, or correction of the driver’s permit or identification card.

(3) The Mayor shall forward all new applications to the Board of Elections and Ethics within 10 days of receipt.

(4) Applications received from the Mayor shall be considered received by the Board of Elections and Ethics as of the date the application was made.

(a-2) Repealed.

(b)(1) Each operator’s permit shall state the name and address, and bear the signature of the permittee, together with any additional information that the Mayor may by regulation prescribe. Pursuant to section 205(c)(2)(C)(vi) of the Social Security Act, approved August 14, 1935 (49 Stat. 624, 42 U.S.C. § 405(c)(2)(C)(vi)), the Mayor shall use a randomly generated number as the identification number on any new or renewed license.

(2) The Mayor shall require an applicant for an operator’s permit to provide a social security number, if such a number was issued to the applicant, or, if required by the Mayor, proof that the applicant is not eligible for a social security number, for the purposes of administering and enforcing the laws of the District of Columbia. Notwithstanding any other provision of law, the social security number or other tax identification number shall not be a matter of public record. The social security number shall be kept on file with the issuing agency and the applicant shall be so advised. This paragraph shall not apply to an applicant eligible for a limited purpose driver’s license or permit pursuant to § 50-1401.05.

(3) An applicant for an operator’s permit who served on active duty in the Armed Forces of the United States and was discharged under conditions other than dishonorable may submit to the Department of Motor Vehicles, along with any other documentation required by this chapter, a DD Form 214, a WD AGO form, or a DD256 form certifying the applicant’s veteran status. Upon receipt of this documentation, the Department of Motor Vehicles shall display the word “veteran” in capital letters on the applicant’s operator’s permit.

(c) Any individual to whom a license or permit to operate a motor vehicle has been issued shall have the license or permit in his or her immediate possession at all times while operating a motor vehicle in the District of Columbia and shall exhibit the license or permit to any police officer upon demand. Any person who fails to comply with the requirements of this subsection shall, upon conviction, be fined not less than $10 nor more than $50.

(d) No individual shall operate a motor vehicle in the District, except as provided in § 50-1401.02, without first having obtained an operator’s permit, learner’s permit, provisional permit, or a motorcycle endorsement if operating a motorcycle, issued under the provisions of this subchapter and Title 18 of the District of Columbia Municipal Regulations. Except as provided in subsection (d-1) of this section, any individual violating any provision of this subsection shall be fined not more than the amount set forth in § 22-3571.01 or shall be imprisoned not more than 90 days.

(d-1) Any individual who operates a motor vehicle with a District of Columbia permit expired for not more than 90 days shall be subject to a civil fine of not more than $100 pursuant to §§ 50-2301.04(b) and 50-2301.05, and shall not be subject to the criminal penalties contained in subsection (d) of this section.

(e) Nothing in this subchapter shall relieve any individual from compliance with § 47-2829(e).

(f) For purposes of this section and §§ 50-1401.02 and 50-1403.01, the term “motor vehicle” means a vehicle propelled by an internal-combustion engine, electricity, or steam. The term “motor vehicle” shall not include a traction engine, road roller, vehicle propelled only upon rails or tracks, personal assistive mobility device, as defined by § 50-2201.02(12), a battery-operated wheelchair when operated by a person with a disability, or a motorized bicycle.

(g) [Expired].

(h)(1) The Department shall not require an applicant to complete a course of driver instruction before the issuance of a license or permit under this section, § 50-1401.03, or § 50-1401.05, unless the required course of driver's instruction is available without charge to all:

(A) Public school students and public charter school students; and

(B) Low-income applicants.

(2) At least 90 days before requiring a course of driver instruction pursuant to paragraph (1) of this subsection, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within the 45-day period, the proposed rules shall be deemed approved.

(i) The Department shall allow applicants for a license, permit, or identification card issued pursuant to this section, § 50-1401.03, or § 50-1401.05 to designate their gender as nonbinary.

(j)(1) In any circumstance in which a license, permit, or identification card issued pursuant to this chapter is required, an individual may present an electronic image of such license, permit, or identification card issued pursuant to this chapter in a manner approved by the Department of Motor Vehicles.

(2) This subsection shall not apply where a physical license, permit, or identification card is required by federal law, rules, regulations, or policies.

(3)(A) The presentation of a license, permit or identification card on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.

(B) A law enforcement officer presented with an electronic image of a license, permit, or identification card on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; except, that no immunity shall extend to recklessness or intentional misconduct.

(4) For the purposes of this subsection, the term "electronic image" means an electronic representation of a physical license, permit, or identification card issued pursuant to this chapter.

(Mar. 3, 1925, 43 Stat. 1121, ch. 443, § 7; July 3, 1926, 44 Stat. 812, ch. 739, § 2; Feb. 18, 1929, 45 Stat. 1226, ch. 258; Feb. 27, 1931, 46 Stat. 1424, ch. 317, § 2; June 20, 1939, 53 Stat. 850, ch. 231; Nov. 25, 1942, 56 Stat. 1023, ch. 642, § 2; Dec. 15, 1944, 58 Stat. 806, ch. 589, § 1; Apr. 20, 1948, 62 Stat. 173, ch. 215, §§ 1, 2; Aug. 16, 1954, 68 Stat. 732, ch. 741, §§ 1, 2, 3, 4, 5; July 24, 1956, 70 Stat. 633, ch. 695, § 2; Oct. 3, 1962, 76 Stat. 710, Pub. L. 87-737, § 1; Mar. 18, 1964, 78 Stat. 167, Pub. L. 88-287, § 1; Oct. 31, 1969, 83 Stat. 174, Pub. L. 91-106, title IV, § 405; Apr. 7, 1977, D.C. Law 1-110, § 4, 23 DCR 8740; Apr. 26, 1977, D.C. Law 1-133, title II, § 201(b), 23 DCR 9697; Sept. 12, 1978, D.C. Law 2-104, § 601, 25 DCR 1275; Oct. 8, 1981, D.C. Law 4-36, § 2, 28 DCR 3383; Apr. 3, 1982, D.C. Law 4-97, § 6, 29 DCR 765; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; Mar. 15, 1985, D.C. Law 5-176, § 12(b), 32 DCR 748; Sept. 27, 1985, D.C. Law 6-38, § 3, 32 DCR 4307; Feb. 28, 1987, D.C. Law 6-194, § 3, 34 DCR 479; Sept. 29, 1988, D.C. Law 7-155, § 2, 35 DCR 5718; Aug. 17, 1991, D.C. Law 9-30, § 4(b), 38 DCR 4215; Sept. 20, 1995, D.C. Law 11-48, § 5, 42 DCR 3627; May 24, 1996, D.C. Law 11-124, § 2, 43 DCR 1546; Apr. 5, 2000, D.C. Law 13-73, § 2, 46 DCR 10417; Apr. 5, 2000, D.C. Law 13-74, § 2, 46 DCR 10423; Apr. 12, 2000, D.C. Law 13-91, § 150, 47 DCR 520; Apr. 27, 2001, D.C. Law 13-289, § 401(b), 48 DCR 2057; Mar. 25, 2003, D.C. Law 14-235, § 10(d), 49 DCR 9788; Apr. 5, 2005, D.C. Law 15-289, § 2(b), 52 DCR 1446; Apr. 8, 2005, D.C. Law 15-307, § 205(a), 52 DCR 1700; Mar. 6, 2007, D.C. Law 16-224, § 101(c), 53 DCR 10225; Mar. 14, 2007, D.C. Law 16-279, §§ 202(c), 401(b), 54 DCR 903; Aug. 16, 2008, D.C. Law 17-219, § 6011, 55 DCR 7598; Sept. 14, 2011, D.C. Law 19-21, § 6002, 58 DCR 6226; Oct. 23, 2012, D.C. Law 19-189, § 2, 59 DCR 10156; Apr. 27, 2013, D.C. Law 19-290, § 5(b), 60 DCR 2343; June 11, 2013, D.C. Law 19-317, § 268(a), 60 DCR 2064; Dec. 13, 2013, D.C. Law 20-49, § 2(a), 60 DCR 15148; D.C. Law 20-52, § 2(a), 60 DCR 15157; Jan. 17, 2014, D.C. Law 20-62, § 2(a), 60 DCR 16026; Feb. 18, 2017, D.C. Law 21-187, § 3(a), 63 DCR 14365; Feb. 18, 2017, D.C. Law 21-192, § 4(b), 63 DCR 15007; Feb. 18, 2017, D.C. Law 21-195, § 3(a), 63 DCR 15016; Apr. 1, 2017, D.C. Law 21-225, § 3, 64 DCR 154; Oct. 30, 2018, D.C. Law 22-168, § 3072(a), 65 DCR 9388; Nov. 27, 2018, D.C. Law 22-184, § 2, 65 DCR 11402; Sept. 11, 2019, D.C. Law 23-16, §§ 3053(a), 7183, 7185, 66 DCR 8621; Dec. 23, 2020, D.C. Law 23-158, § 8(a), 67 DCR 13057; Feb. 24, 2022, D.C. Law 24-72, § 2, 69 DCR 000186.)

Prior Codifications

1981 Ed., § 40-301.

1973 Ed., § 40-301.

Section References

This section is referenced in § 16-801, § 50-1401.02, § 50-1401.05, § 50-1403.02, § 50-2201.03, and § 50-2302.02.

Effect of Amendments

D.C. Law 13-73 rewrote subsecs. (a)(1) and (a)(2), inserted new pars. (2A) to (2D) and (3A) in subsec. (a) and rewrote pars. (3) and (4) of subsec. (a).

Section 5 of D.C. Law 13-73, as amended by section 14 of D.C. Law 13-313 provided: “This act shall apply on September 1, 2000.”

D.C. Law 13-74 rewrote subsec. (b) in order to prohibit the Mayor from requiring that the social security number be used as identification number for driver’s licenses.

D.C. Law 13-91 added subsec. (a)(2)(C)(iv).

D.C. Law 13-289, in subsec. (a), added par. (5A).

D.C. Law 14-235 rewrote subsec. (f) which had read as follows: “(f) For purposes of this section and §§ 50-1403.01 and 50-1401.02 the term ‘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, and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour.”

D.C. Law 15-289, in subsec. (a)(1)(B)(ii), substituted “Mayor; and” for “Mayor. No practical demonstration shall be required for a motorized bicycle permit; and”.

D.C. Law 15-307, in subsec. (a)(2A)(B)(ii), inserted “in the last 6 months” following “assessed”.

D.C. Law 16-224, in subsec. (f), substituted “personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when operated by a person with a disability” for “electric personal assistive mobility devices, as defined by § 50-2201.02(12), and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour”.

D.C. Law 16-279, in subsec. (a)(1)(A), added a sentence to the end of the paragraph relating to the proration of fees; in subsec. (a)(2), substituted “issue a new or renewed” for “issue a”; in subsec. (a)(4), increased the duplicate operators permit fee from $5 to $7 and increased the duplicate learner’s or replacement provisional permit fee from $3 to $7; in subsec. (b)(1), substituted “Pursuant to section 205(c)(2)(vi) of the Social Security Act, approved August 14, 1935 (49 Stat. 624, 42 U.S.C. 405(c)(2)(C)(vi)), the Mayor shall use a randomly generated number as the identification number on any new or renewed license” for “The Mayor shall use a randomly generated number as the identification number of the license and shall not print the social security number of the permittee on the license, unless the permittee requests that their social security number be used as the identification number of the license”; and, in subsec. (b)(2), substituted “provide a social security number, if such a number was issued to the applicant, or, if required by the Mayor, proof that the applicant is not eligible for a social security number” for “provide a social security number”; and in subsec. (d), substituted “provisional permit, or a motorcycle endorsement if operating a motorcycle, issued under the provisions of this subchapter and Title 18 of the District of Columbia Municipal Regulations” for “or a provisional permit issued under the provisions of this subchapter”.

D.C. Law 17-219 rewrote the lead-in language of subsec. (a)(1), which had read as follows: “(a)(1) The Mayor is authorized to issue a new or renewed motor vehicle operator’s permit, valid for a period not to exceed 5 years, to any individual 17 years of age or older subject to the following conditions and any other conditions the Mayor may prescribe to protect the public:”.

D.C. Law 19-21, in subsec. (a)(4), substituted “$20” for “$7” in two places.

The 2012 amendment by D.C. Law 19-189 rewrote (a)(5A).

The 2013 amendment by D.C. Law 19-290 rewrote (f).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $300” in (d).

The 2013 amendment by D.C. Law 20-49 substituted “traffic regulations and regulations for safely sharing roadways with pedestrians and bicyclists in the District” for “traffic regulations of the District” in (a)(1)(B)(i).

The 2013 amendment by D.C. Law 20-52 added (b)(3).

The 2014 amendment by D.C. Law 20-62 added (a)(1)(A-i); and added the last sentence in (b)(2).

Cross References

Driver education programs in public schools, see § 38-912.

Registration of motor vehicles, fee schedules, see § 50-1501.03.

Regulation of traffic, power to promulgate regulations, see § 50-2201.03.

Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.

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 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 8(a) of D.C. Law 23-158 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.

Applicability of D.C. Law 21-225: § 4 of D.C. Law 21-225 provided that the change made to this section by § 3 of D.C. Law 21-225 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.

Applicability of D.C. Law 21-195: § 4 of D.C. Law 21-195 provided that the change made to this section by § 3(a) of D.C. Law 21-195 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 § 3053(a) 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) repeal of amendments to this section, see § 7185 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) repeal of amendments to this section, see § 7183 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 § 3053(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of amendments to this section, see § 7185 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of amendments to this section, see § 7183 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 3073(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 3073(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary amendment of section, see § 14 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 13 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 13 of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239.

For temporary (90-day) amendment of section, see § 112 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 112 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 112 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) amendment of section, see § 2 of the Safe Teenage Driving and Merit Personnel Technical Amendment Emergency Amendment Act of 2000 (D.C. Act 13-430, August 14, 2000, 47 DCR 7459).

For temporary (90 day) amendment of section, see § 112 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 2 of the Safe Teenage Driving and Merit Personnel Technical Amendment Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-489, December 18, 2000, 48 DCR 43).

For temporary (90 day) amendment of section, see § 2 of Safe Teenage Driving and Merit Personnel Technical Amendment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-30, April 2, 2001, 48 DCR 3336).

For temporary (90 day) amendment of section and establishment of adjudication process, see §§ 3 and 4 of Motor Vehicle Registration and Operator’s Permit issuance Enhancement Congressional Review Emergency Act of 2002 (D.C. Act 14-540, December 2, 2002, 49 DCR 11657).

For temporary (90 day) amendment of section and establishment of adjudication process, see §§ 3 and 4 of Motor Vehicle Registration and Operator’s Permit Issuance Enhancement Second Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-601, January 7, 2003, 50 DCR 681).

For temporary (90 day) amendment of section, see §§ 3 and 4 of Motor Vehicle Registration and Operator’s Permit Issuance Enhancement Emergency Amendment Act of 2002 (D.C. Act 14-413, July 16, 2002, 49 DCR 7378).

For temporary (90 day) amendment of section, see § 201 of Prohibition on the Reckless Operation of Recreational Motor Vehicles Emergency Act of 2004 (D.C. Act 15-462, June 23, 2004, 51 DCR 6750).

For temporary (90 day) amendment of section, see § 10(d) 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(d) 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(c) 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 § 6002 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 days) amendment of this section, see § 268(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

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).

For temporary (225 day) amendment of section, see § 12 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 112 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 112 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 2 of Safe Teenage Driving and Merit Personnel Technical Amendment Temporary Amendment Act of 2000 (D.C. Law 13-210, March 31, 2001, law notification 48 DCR 3241).

For temporary (225 day) amendment of section, see § 3 of Motor Vehicle Registration and Operator’s Permit Issuance Enhancement Temporary Amendment Act of 2002 (D.C. Law 14-221, March 25, 2003, law notification 50 DCR 2734).

For temporary (225 day) amendment of section, see § 10(b) 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).

Short Title

Short title: Section 6010 of D.C. Law 17-219 provided that subtitle D of title VI of the act may be cited as the “Department of Motor Vehicles Driver License, Special Identification Card, and Vehicle Inspection Amendment Act of 2008”.

Short title: Section 6001 of D.C. Law 19-21 provided that subtitle A of title VI of the act may be cited as “Department of Motor Vehicles Fee Modification Amendment Act of 2011”.

Editor's Notes

Department of Vehicles and Traffic abolished: See Historical and Statutory Notes following § 50-2201.03.

Definitions applicable: For definitions applicable in this chapter, see § 50-2201.02.

D.C. Law 11-48 held unconstitutional: The Juvenile Curfew Act of 1995, which added subsection (g) of this section, held unconstitutional.

Section 6005 of D.C. Law 19-21 provided: “Sec. 6005. This subtitle shall apply as of July 1, 2011.”

Section 3 of D.C. Law 19-189 provided that the act shall apply as of January 1, 2013.

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Applicability of D.C. Law 20-52: Section 3 of D.C. Law 20-52 provided that the act shall apply as of October 1, 2013.

Applicability of D.C. Law 20-62: Section 3 of D.C. Law 20-62 provided that the act shall apply as of May 1, 2014.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 6-194, “District of Columbia Anatomical Gift Amendment Act of 1986.”, see Mayor’s Order 88-49, February 25, 1988.

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.

§ 50–1401.01a. Notification of operator’s permit expiration.

The Mayor shall notify an owner of the expiration date of the owner’s operator’s permit. The required notice shall be mailed to the named owner at the address of record at least 30 days prior to the date of expiration.

§ 50–1401.01b. Prohibition on release and use of certain personal information from motor vehicle records and accident reports.

(a) For the purposes of this section, the term:

(1) “Accident report” means any record prepared as a result of a vehicular accident, also known as the Metropolitan Police Department Form PD-10.

(1A) “Information relating to legal presence” means any information that may reveal whether a person is legally present in the United States, including whether a person’s driver’s license or identification card was issued under § 50-1401.05, and the documentation provided by an applicant to prove identity, date of birth, and residence in connection with an application for a driver’s license or identification card.

(2) “Motor vehicle record” means any record that pertains to a motor vehicle operator’s application, permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Motor Vehicles.

(3)(A) “Personal information” shall include an individual’s photograph or image, social security number, driver identification number or identification card number, name, address, telephone number, medical or disability information, and emergency contact information.

(B) The term “personal information” shall not include information relating to vehicular crashes, driving violations, or driver status.

(b) Except as provided in subsections (c), (d) and (e) of this section, the Department of Motor Vehicles (“Department”), the Metropolitan Police Department, and any officer, employee, or contractor affiliated with either department, or any other person or entity shall not knowingly disclose or otherwise make available personal information about an individual obtained by the Department or the Metropolitan Police Department in connection with a motor vehicle record or an accident report.

(c) Personal information contained in motor vehicle records or accident reports prohibited from disclosure by subsection (b) of this section may be released to a person upon the showing of sufficient written proof for the following uses:

(1) To carry out the purposes of Titles I and IV of the Anti Car Theft Act of 1992, approved October 25, 1992 (106 Stat. 3384; 49 U.S.C. § 30501 et seq. 49 U.S.C. § 33101 et seq.); the Automobile Information Disclosure Act, approved July 7, 1958 (72 Stat. 325; 15 U.S.C. § 1231 et seq.), the Clean Air Act, approved December 17, 1963 (77 Stat. 392; 42 U.S.C. § 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49 of the United States Code (49 U.S.C. § 30101 et seq., 49 U.S.C. § 30501 et seq., 49 U.S.C. § 32101 et seq. through 49 U.S.C. § 33101 et seq.), in connection with matters of:

(A) Motor vehicles or driver safety and theft;

(B) Motor vehicle emissions;

(D) Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and

(E) Removal of non-owner records from the original owner records of motor vehicle manufacturers;

(2) By any government agency, including any court or law enforcement agency, in carrying out its core functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its core functions;

(3) In the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors;

(4) For use in connection with an actual or contemplated civil, criminal, administrative, or arbitral proceeding in a court or agency, or before a self-regulatory body for any of the following, except that the use shall not include the solicitation of clients, prohibited by § 22-3225.14:

(A) For use by a person involved in the accident and listed on the accident report;

(B) Service of process by a certified process server, special process server, or other person authorized to serve process in the District;

(C) For an accident report, an investigation in anticipation of litigation by an attorney representing a person or entity involved in the motor vehicle accident and licensed to practice law in the District or any other United States jurisdiction, or the agent of the attorney;

(D) For a motor vehicle record, an investigation in anticipation of litigation by an attorney licensed to practice law in the District or any other United States jurisdiction, or the agent of the attorney;

(E) Execution or enforcement of judgments and orders; and

(F) Compliance with a court order;

(5) In research activities and for use in producing statistical reports; so long as the personal information is not published, re-disclosed, or used to contact individuals;

(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims of investigation activities, anti-fraud activities, rating, or underwriting;

(7) In providing notice to the owners of towed or impounded vehicles;

(8) For use by a licensed private investigative agency or licensed security service for a purpose permitted under this subsection; provided, that the use shall not include the solicitation of clients, prohibited by § 22-3225.14. Personal information obtained based on an exempt driver’s record may not be provided to a client who cannot demonstrate a need based on a permitted use under this subsection;

(9) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license required under 49 U.S.C. § 31301 et seq.;

(10) For bulk distribution for surveys, marketing, or solicitations when the department has obtained the express consent of the person to whom such personal information pertains;

(11) By an organ or tissue donor organization; provided, that the person to whom such information applies has consented in a writing submitted to the Department to be an organ or tissue donor;

(12) For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject of the motor vehicle record or accident report. The consent shall remain in effect until it is revoked by the person who is the subject of the motor vehicle record or accident report; and

(13) For use in connection with the operation of private toll transportation facilities.

(d) Notwithstanding subsection (c) of this section, without the express consent of the person to whom such information applies, the following information contained in motor vehicle records or accident reports may be released only as specified in this subsection:

(1) Social security numbers may be released only as provided in subsections (c)(2) or (c)(9) of this section;

(2) An individual’s photograph or image may be released only as provided in subsection (c)(2) of this section;

(3) Medical disability information may be released only as provided in subsections (c)(2) or (c)(9) of this section;

(4) Emergency contact information may be released only to law enforcement agencies for the purposes of contacting individuals listed in the event of an emergency; and

(5) Information relating to legal presence shall not be disclosed to any person, and shall not be disclosed to any federal, state, or local governmental entity except as necessary to comply with a legally issued warrant or subpoena.

(e)(1) Personal information prohibited from disclosure by subsection (b) of this section may be disclosed by the Department to a firm, corporation, or similar business entity whose primary business interest is to resell or re-disclose the personal information to persons who are authorized to receive such information. Before the Department’s disclosure of personal information, such firm, corporation, or similar business entity must first enter into a contract with the Department regarding the care, custody, and control of the personal information to ensure compliance with the Driver’s Privacy Protection Act of 1994, approved September 13, 1994 (108 Stat. 2099; 18 U.S.C. § 2721 et seq.), and applicable District laws.

(2) An authorized recipient of personal information contained in a motor vehicle record, except a recipient under subsection (c)(10) of this section, may contract with the Department to resell or re-disclose the information for any use permitted under this section. Authorized recipients of personal information under subsection (c)(10) of this section may resell or re-disclose personal information only in accordance with subsection (c)(10) of this section.

(3) An authorized recipient who resells or re-discloses personal information shall maintain, for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it will be used. The records shall be made available for inspection upon request by the Department.

(4) The Department and the Metropolitan Police Department may require documentation to support a request for personal information, and either department shall have the sole discretion to determine whether the documentation provided is sufficient to support the request.

(f) The Department and the Metropolitan Police Department may adopt rules to carry out the purposes of this section. Rules adopted by either department may provide for the payment of applicable fees. In addition, the rules may require an individual requesting the disclosure of personal information pursuant to this subsection to provide proof of identity and, to the extent required, provide assurance that the use will be only as authorized or that the consent of the person who is the subject of the personal information has been obtained. These conditions may include the making and filing of a written application in a form and containing information and certification requirements required by either department.

(g) Failure to comply with the restrictions set forth in this section may subject the violator to penalties and civil action as set forth in the Driver’s Privacy Protection Act of 1994, approved September 13, 1994 (108 Stat. 2099; 18 U.S.C. §§ 2721, 2723, 2724).

(Mar. 3, 1925, 43 Stat. 1121, ch. 443, § 7b; as added Mar. 5, 2013, D.C. Law 19-207, § 3, 59 DCR 12507; June 19, 2013, D.C. Law 19-320, § 512, 60 DCR 3390; Jan. 17, 2014, D.C. Law 20-62, § 2(b), 60 DCR 16026.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-207 added this section.

The 2013 amendment by D.C. Law 19-320 substituted “name, address” for “name address” in (a)(3)(A); in (b), substituted “obtained by the Department” for “obtained by the Department of Motor Vehicles” and substituted “motor vehicle” for “motor-vehicle”; rewrote (c)(4)(A), which read; “A person listed on the accident report”; added the second occurrence of “or accident report” in (c)(12); substituted “prohibited from disclosure by subsection (b) of this section” for “made confidential and prohibited from disclosure” near the beginning of (e)(1); in the second sentence of (e)(2), deleted “However only” from the beginning and substituted “only in accordance with” for “pursuant to”; and deleted “of Motor Vehicles” following “the Department” in (e)(2), (e)(4), and (f).

The 2014 amendment by D.C. Law 20-62 added (a)(1A); and added (d)(5) and made related changes.

Emergency Legislation

For temporary amendment of section, see § 512 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 512 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

Editor's Notes

Applicability of D.C. Law 20-62: Section 3 of D.C. Law 20-62 provided that the act shall apply as of May 1, 2014.

§ 50–1401.01c. Electronic transmission of voter registration information.

(a) Beginning October 1, 2017, the Department of Motor Vehicles ("Department") shall electronically transmit to the District of Columbia Board of Elections the voter registration information of each applicant who did not decline to register to vote and stated that he or she is a citizen of the United States no later than 5 days after the date of its acceptance by the DMV.

(b) The electronic information submitted pursuant to subsection (a) of this section shall contain the applicant's:

(1) Legal name;

(2) Date of birth;

(3) Residence;

(4) Mailing address;

(5) Previous voter registration address;

(6) DMV-issued identification number or social security number;

(7) Party affiliation;

(8) Response as to whether the applicant would like information on serving as a poll worker in the next election;

(9) Citizenship information; and

(10) Electronic signature.

§ 50–1401.01d. Public outreach program. [Not Funded]

Not Funded.

§ 50–1401.02. Exemptions.

(a) The owner or operator of any motor vehicle who is not a legal resident of the District of Columbia, and who has complied with the laws of any state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, shall, subject to the provisions of this section, be exempt for a continuous 60-day period immediately following the entrance of such owner or operator into the District of Columbia from compliance with § 50-1401.01 and § 50-1501.02. The 60-day exemption period shall not apply to commercial motor vehicles required to obtain a permit, as provided by § 50-1507.03 or charter busses identified in § 50-1501.02(j).

(b) Upon expiration of the 60-day exemption period, the owner or operator of any motor vehicle shall be required either:

(1) To comply with the provisions of §§ 50-1401.01 and 50-1501.02 and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia; or

(2) To purchase, from the Mayor or his designated agent, a reciprocity sticker which shall be valid 180 days from the date of its issuance if the owner or operator has complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, of which the owner or operator is a legal resident and the owner or operator is not a legal resident of the District of Columbia. Upon expiration of the reciprocity sticker, the owner or operator who continues to reside in the District of Columbia shall be required to comply with §§ 50-1401.01 and 50-1501.02 and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia.

(c) The following persons shall, if they have complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States of which they are a legal resident, be exempt during their respective term of office or employment from compliance with §§ 50-1401.01 and 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia:

(1) Senators, Representatives, and Delegates of the United States Congress;

(2) Personal employees of Senators, Representatives, and Delegates of the United States Congress who are legal residents of the state, territory, or possession from which said Senators, Representatives, and Delegates have been elected or appointed. Personal employees include only those individuals who work directly and specifically for a Senator, Representative, or Delegate of the United States Congress and does not include those staff members considered committee or patronage staff;

(3) The President and Vice-President of the United States;

(4) Officers of the executive branch of the United States government who are not domiciled within the District of Columbia, whose appointment to the office held by them was by the President of the United States, subject to confirmation by the Senate, and whose tenure of office is at the pleasure of the President;

(5) Any nonresident service member in accordance with section 511 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, approved December 19, 2003 (117 Stat. 2835; 50 U.S.C. § 571);

(6) Any foreign mission, its members, or dependents of its members, but only if they have been issued a title and registration by the United States Department of State; and

(7) Any minor under 21 years of age or spouse of any person identified in paragraphs (1) through (6); provided, that the person identified in paragraphs (1) through (6) signs an affidavit stating the minor or spouse resides at the same address in the District as the affiant.

(d) Those persons listed under subsection (c) of this section shall be required to obtain and display a valid reciprocity sticker. The Mayor shall issue, upon application and a fee of $100, a reciprocity sticker for those persons listed under subsection (c) of this section, valid for 1 year, and renewable for the respective term of office or employment.

(e) Persons enrolled as full-time students engaged in higher education (as defined by the respective institutions of higher education in the District of Columbia) in an institution of higher education licensed to operate in the District of Columbia, and who are not residents of the District of Columbia, shall, if they have complied with the motor vehicle registration and licensing laws of the state, territory, or possession of the United States of which they are a legal resident, be exempt during their respective tenure as full-time students engaged in higher education from compliance with §§ 50-1401.01 and 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia; provided, that the full-time student shall be required to obtain and display a valid reciprocity sticker.

(1) A full-time student shall be required to submit proof, as required by the Mayor, that the student is a full-time student and is in compliance with this subsection.

(2) The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to full-time students who comply with this section. Such sticker shall be valid for 1 year. A full-time student while enrolled in an institution of higher education in the District of Columbia and while in compliance with this subsection shall be able to obtain successive reciprocity stickers, each valid for 1 year and each for a fee of $338.

(3) A full-time student who is a resident of the District of Columbia, who is registered to vote in the District of Columbia, who is employed for more than 20 hours a week, whose address for the purpose of paying tuition for higher education is in the District of Columbia, whose parent or parents domicile in the District of Columbia or whose parents are divorced or separated and the custodial parent domiciles in the District of Columbia, whose student loan is from a bank or savings and loan in the District of Columbia, or who fulfills any criteria promulgated by the Mayor of the District of Columbia shall be required to comply with § 50-1401.01 and § 50-1501.02, and all applicable provisions of the District of Columbia Municipal Regulations requiring the registration of motor vehicles, the display of identification tags, and the licensing of owners or operators of motor vehicles in the District of Columbia.

(4) Notwithstanding any other law, full-time students who reside within the boundaries of Advisory Neighborhood Commissions 2A and 2E shall not be issued or use a reciprocity parking sticker for out of state vehicles. As of January 1, 2003, this provision shall also apply to full-time students who reside within the boundaries of ANC 3D06 and 3D09. As of October 22,2012, this provision shall also apply to full-time students who reside within the boundaries of ANC 3D01, 3D02, 3D07, 3D08, and 3D10.

(e-1)(1) An owner or operator of a motor vehicle shall be exempt from compliance with § 50-1401.01, § 50-1501.02, and sections 414.1, 422.1, and 422.7 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 414.1, 422.1, 422.7); provided, that the owner or operator:

(A) Is a legal resident of a state, territory, possession of the United States, foreign country, or political subdivision other than the District of Columbia;

(B) Owns residential property in the District of Columbia;

(D) Has a motor vehicle registered and licensed in a state, territory, possession of the United States, foreign country, or political subdivision other than the District of Columbia; and

(E) Has complied with the motor vehicle registration and licensing laws of a state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, of which the owner or operator is a legal resident.

(2) An individual who meets the qualifications set forth in paragraph (1) of this subsection shall be required to submit proof, as required by the Mayor, that the individual owns residential property in the District and is a part-time resident.

(3) An individual who meets the qualifications set forth in paragraphs (1) and (2) of this subsection may obtain and display a valid reciprocity sticker. The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to the motor vehicle owner or operator who complies with this subsection, which shall be valid for one year. A motor vehicle owner or operator while in compliance with this subsection shall be able to obtain successive reciprocity stickers, each valid for one year, and each for a fee of $338.

(e-2)(1) A motor vehicle owner that is a partnership, corporation, association, trust, limited liability company, or government entity and has legally complied with the motor vehicle registration and licensing laws of a state, territory, or possession of the United States, shall be exempt from compliance with § 50-1501.02, and sections 414.1, 422.1, 422.7, and 422.10 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 414.1, 422.1, 422.7, 422.10); provided, that:

(A) The vehicle is housed in the District of Columbia;

(B) The vehicle is provided to an employee of the owner or lessee for the employee’s use;

(D) The employee is licensed by the District of Columbia to operate a motor vehicle; and

(E) The business or government entity purchases a reciprocity sticker for the vehicle provided to its employee.

(2) The Mayor shall issue, upon application and for a $338 fee, a reciprocity sticker to the motor vehicle owner or operator who complies with this subsection, which shall be valid for one year. While in compliance with this subsection, the motor vehicle owner or operator shall be able to obtain successive reciprocity stickers, each valid for one year, and each for a fee of $338. There shall be no fee for vehicles owned by the District or the United States government.

(f) Repealed.

(g) The Mayor or his designated agent is authorized to enter into reciprocal agreements or arrangements with the duly authorized representatives of a state, territory, or possession of the United States or a foreign country or political subdivision thereof, to vary the conditions under which the validity of motor vehicle registration and identification tags of any category of vehicles such as dealer tags, tags for persons with disabilities, and rental vehicle tags of such state, territory, or possession of the United States or foreign country or political subdivision thereof, shall be recognized in the District of Columbia.

(h) The Mayor of the District of Columbia shall promulgate such rules and regulations as are necessary to implement and enforce this section. Such rules and regulations shall include, but not be limited to, a determination of how many times during the 60-day exemption period an agent or employee of the Mayor of the District of Columbia must observe a motor vehicle for purposes of the enforcement of this section and a method of enforcing the provisions of this section applicable to commercial vehicles.

(i) Any operator of a motor vehicle who is not a legal resident of the District of Columbia and who does not have in his immediate possession an operator’s permit issued by a state, territory, or possession of the United States, or foreign country or political subdivision thereof, having motor vehicle reciprocity relations with the District, shall not operate a motor vehicle in the District unless: (1) the laws of the state, territory, or possession of the United States, or foreign country or political subdivision thereof, under which the motor vehicle is registered do not require the issuance of a motor vehicle operator’s permit; or (2) has submitted to examination within 72 hours after entering the District and obtained an operator’s permit in accordance with the provisions of § 50-1401.01. Any individual who violates any provision of this subsection shall, upon conviction thereof, be fined not less than $5 and not more than the amount set forth in § 22-3571.01 or imprisoned not less than 30 days, or both.

(j) A $20 fee shall be paid for a replacement reciprocity sticker issued under this section.

(Mar. 3, 1925, 43 Stat. 1123, ch. 443, § 8; Feb. 27, 1931, 46 Stat. 1424, ch. 317, § 2; Aug. 16, 1954, 68 Stat. 733, ch. 741, § 6; Apr. 6, 1978, D.C. Law 2-69, § 5, 24 DCR 6800; Mar. 16, 1982, D.C. Law 4-80, § 2, 29 DCR 149; July 1, 1982, D.C. Law 4-122, § 2, 29 DCR 2080; Sept. 14, 1982, D.C. Law 4-145, § 7, 29 DCR 3138; Aug. 2, 1983, D.C. Law 5-24, § 9, 30 DCR 3341; Apr. 9, 1997, D.C. Law 11-198, § 506, 43 DCR 4569; Sept. 5, 1997, D.C. Law 12-14, § 8, 44 DCR 3620; June 28, 2002, D.C. Law 14-167, § 3, 49 DCR 4475; June 5, 2003, D.C. Law 14-307, § 1706(b), 49 DCR 11664; Mar. 14, 2007, D.C. Law 16-279, §§ 202(d), 401(c), 54 DCR 903; Sept. 14, 2011, D.C. Law 19-21, § 6062, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 34, 59 DCR 5567; Oct. 22, 2012, D.C. Law 19-182, § 2, 59 DCR 9427; Mar. 19, 2013, D.C. Law 19-244, § 2, 59 DCR 14942; June 11, 2013, D.C. Law 19-317, § 268(b), 60 DCR 2064; Jan. 25, 2018, D.C. Law 22-48, § 2, 64 DCR 12405; Dec. 3, 2020, D.C. Law 23-149, § 6072, 67 DCR 10493.)

Prior Codifications

1981 Ed., § 40-303.

1973 Ed., § 40-303.

Section References

This section is referenced in § 50-1401.01, § 50-1403.01, § 50-1403.02, § 50-1501.02, § 50-1501.04, and § 50-2201.03.

Effect of Amendments

D.C. Law 14-167 rewrote subsec. (e)(4) which had read:

“(4) Notwithstanding any other law, this subsection shall not apply to full-time students who reside within the boundaries of Advisory Neighborhood Commissions 2A and 2E.”

D.C. Law 14-307, in subsec. (e)(2), substituted “$338” for “$250” in two different places.

D.C. Law 16-279 rewrote subsec. (a); in subsec. (c), added pars. (5), (6), and (7); and in subsec. (d), substituted “a fee of $10, which may be increased by the Mayor to cover administrative costs” for “without a fee”. Prior to amendment, subsec. (a) read as follows: “(a) The owner or operator of any motor vehicle who is not a legal resident of the District of Columbia, and who has complied with the laws of any state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, shall, subject to the provisions of this section, be exempt for a continuous 30 day period immediately following the entrance of such owner or operator into the District of Columbia from compliance with § 50-1401.01 and § 50-1501.02.”

D.C. Law 19-21, in subsec. (d), substituted “a fee of $50,” for “a fee of $10, which may be increased by the Mayor to cover administrative costs,”.

The 2012 amendment by D.C. Law 19-169 substituted “tags for persons with disabilities” for “handicapped tags” in (g).

The 2013 amendment by D.C. Law 19-244 added (e-1) and (e-2).

The 2013 amendment by D.C. Law 19-317 substituted “and not more than the amount set forth in § 22-3571.01” for “nor more than $50” in (i).

Cross References

Registration of motor vehicles, exemptions, see §§ 50-1501.02 and 50-1501.04.

Applicability

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Section 7006 of D.C. Law 22-33 repealed § 3 of D.C. Law 19-182. Therefore the changes made to this section by D.C. Law 19-182 have been implemented.

Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.

D.C. Law 19-182, effective October 22, 2012, amended this section subject to the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. As of April 1, 2013, this certification has not occurred; therefore the amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 19-182, see § 7006 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 19-182, see § 7006 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 8 of the International Registration Plan Agreement Emergency Act of 1996 (D.C. Act 11-291, July 9, 1996, 43 DCR 4152), § 8 of the International Registration Plan Agreement Congressional Review Emergency Act of 1996 (D.C. Act 11-401, October 9, 1996, 43 DCR 5702), § 8 of the International Registration Plan Agreement Second Congressional Review Emergency Act of 1996 (D.C. Act 11-465, December 30, 1996, 44 DCR 161) and, § 8 of the International Registration Plan Agreement Congressional Review Emergency Act of 1997 (D.C. Act 12-17, March 3, 1997, 44 DCR 1756).

For temporary inapplicability of subsection (e) of this section to full-time students who reside within the boundaries of Advisory Neighborhood Commissions 2A and 2E, see § 506 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 506 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 506 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) amendment of section, see § 1706(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 § 1706(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 § 1706(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).

For temporary (90 days) amendment of this section, see § 268(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Temporary Legislation

For temporary (225 day) amendment of section, see § 8 of International Registration Plan Agreement Temporary Act of 1996 (D.C. Law 11-189, April 9, 1997, law notification 43 DCR 2384).

For temporary (225 day) amendment of section, see § 506 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Short Title

Short title: Section 6061 of D.C. Law 19-21 provided that subtitle G of title VI of the act may be cited as “Reciprocity Registration Amendment Act of 2011”.

Editor's Notes

Definitions applicable: For definitions applicable in this chapter, see § 50-2201.02.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

§ 50–1401.03. Federally-accepted driver’s license — Identification card option.

(a)(1) The Mayor may offer a resident the option of applying for a driver’s license or a special identification card that will be accepted by the federal government for any official purpose, subject to the applicable federal requirements.

(1A) Repealed.

(1B)(A) The application fee for a driver's license or a special identification card issued pursuant to this section shall be waived for:

(i) An individual released from the custody of the Federal Bureau of Prisons ("BOP"), for one year after the individual is released from the custody of the BOP; and

(ii) An individual in the custody of the BOP at a halfway house in the District.

(B) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this paragraph.

(2) An applicant for an identification card who served on active duty in the Armed Forces of the United States and was discharged under conditions other than dishonorable may submit to the Department of Motor Vehicles, along with any other documentation required by this chapter, a DD Form 214, a WD AGO form, or a DD256 form certifying the applicant’s veteran status. Upon receipt of this documentation, the Department of Motor Vehicles shall display the word “veteran” in capital letters on the applicant’s identification card.

(b) The Mayor is authorized to take actions as specified in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, approved May 11, 2005 (Pub. L. No. 109-13; 119 Stat. 231) [see note under 49 U.S.C. § 30301], and the regulations authorized pursuant to that act so that a driver’s license or special identification card issued to a person choosing an option described in subsection (a) of this section shall be accepted by the federal government for any official purpose.

§ 50–1401.04. Mayor’s authority to seize suspect documents.

(a) The Mayor may immediately seize and retain any document presented by a person in connection with a Department of Motor Vehicles service, if the document is reasonably believed to be fraudulent, counterfeit, stolen, or intentionally altered.

(b) Any document seized under subsection (a) of this section shall be returned to the person presenting the document only if the Mayor later determines that the document is not fraudulent, counterfeit, stolen, or intentionally altered on the person’s own initiative or after the hearing provided for in subsection (c) of this section.

(c) Any person presenting a document that was retained pursuant to subsection (a) of this section may request a hearing within 10 days of the retention on the validity of that retention.

(d) Any person whose document was retained and not subsequently returned pursuant to this section shall not be entitled to apply for a driver’s license, special identification card, or vehicle registration for a period of one year from the date of seizure.

(e) For the purposes of this section, “document” means any printed material, including a letter, notice, bill, receipt, driver’s permit, registration card, title, insurance card, passport, picture identification, birth certificate, currency, credit card, check, or copy of the same.

§ 50–1401.05. Limited purpose driver’s license, permit, or identification card.

(a) The Mayor, consistent with subsections (b) and (c) of this section, shall issue a limited purpose driver’s license, permit, or identification card to an applicant who:

(1) Has resided in the District for longer than 6 months;

(2)(A) Has not been assigned a social security number;

(B) Has been assigned a social security number but cannot establish legal presence in the United States at the time of application; or

(3) Meets the requirements of this section.

(b)(1) To obtain a limited purpose driver’s license or permit in accordance with subsection (a) of this section, an applicant shall:

(A) Provide, under penalty of perjury, proof of identity, date of birth, and residency to the Department of Motor Vehicles (“Department”) as defined by the Department by rule; and

(B) Satisfy the applicable requirements of § 50-1401.01 and sections 100 through 111 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR §§ 100-111); provided, that the Mayor shall not require an applicant for a limited purpose driver’s license or permit under this section to provide a social security number or any document to prove the absence of a social security number.

(2) An applicant shall include a certified translation of a document provided that is not in English.

(c) To obtain a limited purpose identification card in accordance with subsection (a) of this section, an applicant shall:

(1) Meet the requirements of subsection (b)(1)(A) of this section; and

(2) Meet the applicable requirements of section 112 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 112); provided, that the Mayor shall not require an applicant for a limited purpose identification card under this section to provide a social security number or any document to prove the absence of a social security number.

(d) A limited purpose driver’s license or identification card issued under subsection (a) of this section shall be valid for 8 years. A limited purpose learner’s or provisional permit shall be valid for the time period as set forth in §§ 50-1401.01(a)(2) and 50-1401.01(a)(2A).

(e) An individual who is issued a limited purpose driver’s license or permit under this section shall have the equivalent authorization to operate a motor vehicle as provided in § 50-1401.01 and shall be subject to all statutory and regulatory provisions pertaining to driver licensing and operation of a motor vehicle.

(f)(1) A limited purpose driver’s license, permit, or identification card issued under subsection (a) of this section shall state the following on the face of the card and in its machine-readable zone in a font size no larger than the smallest font size otherwise appearing on the card: “Not valid for official federal purposes.”

(2) The Mayor may incorporate different features but only if doing so would result in a card that appears more similar to a license issued under § 50-1401.01, or if required by the Department of Homeland Security; provided, that the Mayor does so to the minimum extent necessary to comply.

(g) A limited purpose driver’s license, permit, or identification card issued under subsection (a) of this section shall not be used to consider an individual’s citizenship or immigration status, or as a basis for a criminal investigation, arrest, or detention.

(h) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.

(i) Repealed.

(j) Unless otherwise provided in this section, the procedures for obtaining a limited purpose driver's license, permit, or identification card under this section, including policies pertaining to walk-in applicants, shall be substantially similar to the procedures for obtaining a non-limited purpose driver's license, permit, or identification card, respectively, under § 50-1401.01 or § 50-1401.03.

(Mar. 3, 1925, ch. 443, § 8c; as added Jan. 17, 2014, D.C. Law 20-62, § 2(c), 60 DCR 16026; Dec. 17, 2014, D.C. Law 20-145, § 2, 61 DCR 8061; Feb. 18, 2017, D.C. Law 21-187, § 3(b), 63 DCR 14365; Feb. 18, 2017, D.C. Law 21-195, § 3(c), 63 DCR 15016; Sept. 11, 2019, D.C. Law 23-16, § 7183, 66 DCR 8621.)

Section References

This section is referenced in § 50-1401.01 and § 50-1401.01b.

Effect of Amendments

The 2014 amendment by D.C. Law 20-62 added this section.

The 2014 amendment by D.C. Law 20-145, in (a)(2), added the subdivision (a)(2)(A) and (a)(2)(C) designations; and added (a)(2)(B).

Applicability

Applicability of D.C. Law 21-195: § 4 of D.C. Law 21-195 provided that the change made to this section by § 3(c) of D.C. Law 21-195 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) repeal of amendments to this section, see § 7183 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) repeal of amendments to this section, see § 7183 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2 of the Driver’s Safety Clarification Emergency Amendment Act of 2014 (D.C. Act 20-293, March 12, 2014, 61 DCR 2435).

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Driver’s Safety Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-350, June 17, 2014, 61 DCR 6326).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Driver's Safety Clarification Temporary Amendment Act of 2014 (D.C. Law 20-111, June 21, 2014, 61 DCR 4326).

Editor's Notes

Applicability of D.C. Law 20-62: Section 3 of D.C. Law 20-62 provided that the act shall apply as of May 1, 2014.

Subchapter II. Revocation and Suspension of Permit.

§ 50–1403.01. Revocation or suspension; new permit after revocation; nonresidents; penalty for operation with revoked or suspended license.

(a) Except where for any violation of this subchapter revocation of the operator’s permit is mandatory or where suspension or revocation is mandatory for accumulated point totals pursuant to Chapter 3 of Title 18 of the District of Columbia Municipal Regulations, the Mayor or his designated agent may revoke or suspend an operator's permit, or require participation in the Ignition Interlock System Program established by § 50-2201.05a ("Program"), for any cause which he or his agent may deem sufficient; provided, that in each case where a permit is revoked or suspended, or where a person is required to participate in the Program, the reasons therefor shall be set out in the order of revocation or suspension, or the order requiring participation in the Program; provided further, that such order shall take effect 10 (15, if the person is a nonresident) days after its issuance unless the holder of the permit shall have filed within such period, written application with the Mayor of the District of Columbia for a review of his order or the order of his agent, and, if upon such review, the Mayor shall sustain such order, the same shall become effective immediately; provided further, that application to said Mayor for a review shall not operate as a stay of such order of the Mayor or his agent when the order has been issued revoking or suspending a permit, or requiring participation in the Program, on account of mental or physical incapacity, for driving while the person is intoxicated as defined by § 50-2206.01(9), or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor; for manslaughter when an automobile is involved, or for operating a motor vehicle equipped with a smoke screen.

(b) In case the operator’s permit of any individual is revoked no new permit shall be issued to such individual for at least 6 months after the revocation except in the discretion of the Mayor or his designated agent.

(c) The Mayor of the District of Columbia, or his designated agent, may suspend or revoke the right of any nonresident person as defined in § 50-1401.02, to operate a motor vehicle in the District of Columbia, for any cause he or his agent may deem sufficient, and the proper authority at the place of issuance of the permit, or other authority to operate a motor vehicle shall be notified of such suspension and the reason therefor, immediately; provided, that such order of suspension or revocation shall take effect 10 days after its issuance, and the same be subject to review and appeal in the manner and under the same conditions as are provided for such matters in subsection (a) of this section.

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

(e) Any individual found guilty of operating a motor vehicle in the District during the period for which the individual’s license is revoked or suspended, or for which his right to operate is suspended or revoked, shall, for each such offense, be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both.

(Mar. 3, 1925, 43 Stat. 1125, ch. 443, § 13; July 3, 1926, 44 Stat. 814, ch. 739, § 3; Feb. 27, 1931, 46 Stat. 1424, 1428, ch. 317, §§ 2, 4; June 7, 1934, 48 Stat. 926, ch. 426; May 15, 1936, 49 Stat. 1273, ch. 393; Aug. 31, 1954, 68 Stat. 1048, ch. 1173, § 1; July 8, 1963, 77 Stat. 78, Pub. L. 88-60, § 6; Dec. 23, 1963, 77 Stat. 617, Pub. L. 88-241, § 8; July 29, 1970, 84 Stat. 583, Pub. L. 91-358, title I, § 163(g)(1); Apr. 26, 1977, D.C. Law 1-133, title I, §§ 102-104, 23 DCR 9697; Sept. 14, 1982, D.C. Law 4-145, §§ 6, 7, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 12, 29 DCR 5753; Apr. 13, 1999, D.C. Law 12-212, § 2(b), 46 DCR 5; Apr. 27, 2001, D.C. Law 13-289, § 301, 48 DCR 2057; Mar. 2, 2007, D.C. Law 16-195, § 9, 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279, § 202(f), 54 DCR 903; Apr. 27, 2013, D.C. Law 19-266, § 307, 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 268(c), 60 DCR 2064; Mar. 29, 2018, D.C. Law 22-77, § 3(d), 65 DCR 1555.)

Prior Codifications

1981 Ed., § 40-302.

1973 Ed., § 40-302.

Section References

This section is referenced in § 23-581, § 50-1105, § 50-1401.01, § 50-1403.02, § 50-2201.03, § 50-2201.05a, § 50-2201.05b, § 50-2201.27, and § 50-2302.02.

Effect of Amendments

D.C. Law 12-212, § 2(b), in subsec. (a) substituted “blood contains .08% or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of the individual’s breath, consisting substantially of alveolar air, or while the individual’s urine contains .10% or more,” for “blood or breath contains .10 percent or more by weight, of alcohol, or the individual’s urine contains .13 percent or more,”.

D.C. Law 13-289, in subsec. (a), inserted “or where suspension or revocation is mandatory for accumulated point totals pursuant to Chapter 3 of Title 18 of the District of Columbia Municipal Regulations” following “permit is mandatory”.

D.C. Law 16-195, in subsec. (a), substituted “person’s alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine” for “individual’s blood contains .08% or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of the individual’s breath, consisting substantially of alveolar air, or while the individual’s urine contains .10% or more, by weight, of alcohol person’s alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine”.

D.C. Law 16-279, in subsec. (a), substituted “shall take effect 10 (15, if the person is a nonresident) days out” for “shall take effect 5 days out”.

The 2013 amendment by D.C. Law 19-266 substituted “person is intoxicated as defined by § 50-2206.01(9)” for “person’s alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine” in (a).

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not to exceed $5,000” in (e).

Cross References

Criminal procedure, warrantless arrests, see § 23-581.

Motor vehicle exhaust emissions inspections, uninspected or unfit vehicles, applicability of this section, see § 50-1105.

Regulation of traffic, certificates of title for motor vehicles, procedures for when title is refused, see § 50-2201.03.

Regulation of traffic, conviction reports, see § 50-2201.27.

Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.

Expiration of Law

Expiration of Law 12-212

Section 8(b) of D.C. Law 12-212, which provided that the act shall expire on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.

Emergency Legislation

For temporary (90-day) repeal of expiration date of section, see § 4 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).

For temporary (90 day) amendment of section, see § 4 of the Driving Under the Influence Repeat Offenders Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-437, October 20, 2000, 47 DCR 8737).

For temporary (90 day) amendment of section, see § 4(e)(2) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 9 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 8(b) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary amendment of (a), see § 307 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 § 307 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 § 268(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 307 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 day) amendment of section, see § 8(b) of Driving Under the Influence Repeat Offenders Temporary Amendment Act of 2000 (D.C. Law 13-198, October 21, 2000, law notification 47 DCR 8988).

Editor's Notes

Section 5 of 46 Stat. 1429, ch. 317, effective Feb. 27, 1931, provided that all convictions under the Act shall be reported by the clerk of the court to the commissioners [Mayor] or their [his] designated agent.

Section 8(b) of D.C. Law 12-212 provided: “(b) This act shall expire on September 30, 2000.”

Section 8(b) of D.C. Law 12-212, providing for the expiration of the act on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.

Definitions applicable: For definitions applicable in this chapter, see § 50-2201.02.

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Change in Government

§ 50–1403.02. Delayed issuance of motor vehicle operator’s permit.

(a) Repealed.

(a-1) The Mayor may delay issuance of an operator’s permit by disqualifying anyone not already in possession of a valid operator’s permit when such individual is convicted of or adjudicated delinquent as a result of:

(1) The commission of a stolen vehicle offense;

(2) Operating a motor vehicle without a permit (§ 50-1401.01(d) — residents; § 50-1401.02(i) — non-residents);

(3) Operating a motor vehicle after revocation or suspension of an operator’s permit (§ 50-1403.01);

(4) Any felony in the commission of which a motor vehicle is involved; or

(5) The operation of a motor vehicle under the influence of any substance the possession of which is prohibited under the Comprehensive Drug Abuse Prevention and Control Act of 1970, approved October 27, 1970 (84 Stat. 1236; 21 U.S.C. § 801 et seq.), Chapter 9 of Title 48, or the law of any state, territory, or possession of the United States.

(a-2) In all cases where a person is convicted or adjudicated delinquent of any of the offenses set forth in subsection (a-1) of this section, the disqualification period shall commence on the later of:

(1) The date of conviction or adjudication if the person is imprisoned or legal custody of the person has been transferred to a public agency for care of delinquent children as a result of the conviction or adjudication;

(2) The person’s 16th birthday if the conviction or adjudication occurs before the person is 16 years of age; or

(3) The date that a person over 16 years of age becomes eligible to have driving privileges restored if such privileges have previously been revoked or suspended.

(a-3) The disqualification period referenced in subsection (a-2) of this section shall, for any offense set forth in subsection (a-1) of this section, be:

(1) Six months for a first time violation of any offense set forth in subsection (a-1) of this section;

(2) One year for a second violation; or

(3) Two years for each subsequent violation.

(a-4) A copy of the conviction or adjudication shall be forwarded by the court to the Mayor, along with the offender’s social security number or operator’s permit number, together with a copy of the operator’s permit.

(b) For the purposes of this section, the term:

(1) Repealed.

(2) “Stolen vehicle offense” means:

(A) A theft of a motor vehicle in violation of § 22-3211;

(B) The unauthorized use of a motor vehicle in violation of § 22-3215; or

(Mar. 3, 1925, ch. 443, § 13a; as added Mar. 16, 1989, D.C. Law 7-222, § 2, 36 DCR 570; Mar. 25, 1993, D.C. Law 9-253, § 2, 40 DCR 790; Sept. 29, 2006, D.C. Law 16-167, § 2, 53 DCR 6194; Mar. 14, 2007, D.C. Law 16-279, § 405, 54 DCR 903; Apr. 24, 2007, D.C. Law 16-306, § 228(b), 53 DCR 8610; July 17, 2014, D.C. Law 20-126, § 410, 61 DCR 3482; Jan. 25, 2018, D.C. Law 22-46, § 2, 64 DCR 12401.)

Prior Codifications

1981 Ed., § 40-302.1.

Section References

This section is referenced in § 16-2318 and § 16-2331.

Effect of Amendments

D.C. Law 16-167, in subsec. (a), substituted “Notification of the conviction or adjudication shall be sent electronically by the court to the Mayor within one business day of the conviction or adjudication and shall include the person’s name, address, date of birth, conviction date, driver’s license number, if any, social security number, if any, the offense, and any other information required by the Mayor to take the action required by this section.” for “A copy of the conviction or adjudication shall be forwarded by the court to the Mayor.”

D.C. Law 16-279, in subsec. (a), deleted “in the absence of compelling circumstances warranting an exception” following “shall revoke” following “Mayor shall revoke”.

D.C. Law 16-306 added subsecs. (a-1), (a-2), (a-3), and (a-4); and rewrote subsec. (b).

The 2014 amendment by D.C. Law 20-126 added the last sentence in (a).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Drug Offence Driving Privileges Revocation and Disqualification Emergency Amendment Act of 2006 (D.C. Act 16-256, January 26, 2006, 53 DCR 770).

For temporary (90 day) amendment of section, see § 2 of Drug Offence Driving Privileges Revocation and Disqualification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-360, April 26, 2006, 53 DCR 3617).

For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Drug Offense Driving Privileges Revocation and Disqualification Temporary Amendment Act of 2006 (D.C. Law 16-99, May 12, 2006, law notification 53 DCR 4232).

Editor's Notes

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.

§ 50–1403.03. Suspension of minor’s motor vehicle operator’s permit for alcohol violation.

(a) The Mayor shall suspend the motor vehicle operator’s permit of a person under 21 years of age convicted of violating, or adjudicated in violation of § 25-130. The suspension shall be for the duration required by § 25-130. A copy of the conviction or adjudication shall be forwarded to the Mayor by the court or the administrative body authorized to adjudicate violations under Chapter 1 of Title 25.

(b) Any person found guilty of operating a motor vehicle in the District during the period for which the person’s license or privilege is suspended, shall, for each offense, be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 180 days, or both.

(Mar. 3, 1925, ch. 443, § 13b; as added May 24, 1994, D.C. Law 10-122, § 4, 41 DCR 1658; June 11, 2013, D.C. Law 19-317, § 268(d), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 40-302.2.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 268(d) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

References in Text

Section 25-130 and Chapter 1 of Title 25, referred to in this section, are part and all, respectively, of Title 25, D.C. Official Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101.

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Subchapter III. Driver Education.

§ 50–1405.01. Driver Education Program Fund. [Repealed]

Repealed.

(Apr. 3, 1982, D.C. Law 4-97, § 9, 29 DCR 765; Apr. 8, 2005, D.C. Law 15-307, § 301, 52 DCR 1700; Mar. 3, 2010, D.C. Law 18-111, § 6002, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9104, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 40-301.1.

Emergency Legislation

For temporary (90 day) amendment of section, see § 6002 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 6002 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 6001 of D.C. Law 18-111 provided that subtitle A of title VI of the act may be cited as the “Driver Education Program and Fleet Program Amendment Act of 2009”.