Part A. Traffic Act, 1925.
§ 50–2201.01. Short title.
This part may be cited as the “District of Columbia Traffic Act, 1925.”
§ 50–2201.02. Definitions.
For the purposes of this chapter, the term:
(1) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.
(2) “All-terrain vehicle” or “ATV” means any motor vehicle with 3 or more tires that is designed primarily for off-road use and which has a seat or saddle designed to be straddled by the operator. The terms “all-terrain vehicle” and “ATV” shall not include golf carts, riding lawnmowers, or tractors.
(2A) "Block" means the 2 opposite sides of a street between 2 consecutive street intersections.
(2B) "Block face" means one side of a block.
(3) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.
(4) “Commercial vehicle” means a vehicle used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;
(B) If the vehicle is designed to transport more than 15 passengers, including the driver;
(C) If the vehicle is a locomotive or a streetcar;
(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or
(E) If the vehicle is a vehicle for hire.
(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.
(5A) "Director" means the Director of the District Department of Transportation.
(6) “Dirt bike” means any motorcycle designed primarily for off-road use.
(6A)(A) "Electric mobility device" means a device weighing less than 75 pounds that:
(i) Has an electric motor;
(ii) Is solely powered by the electric motor or human power;
(iii) Is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and
(iv) Is no greater than 24 inches wide and 55 inches long.
(B) The term "electric mobility device" shall not include a motorized bicycle, personal mobility device, motorcycle, or moped.
(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.
(8) “Identifying information” means the name, complete address, and telephone number of the operator of the vehicle; if the owner of the vehicle is different from the operator of the vehicle, the name, complete address, and telephone number of the owner of the vehicle operated; the tag number of the vehicle operated or, if no tag number, the vehicle identification number; and insurance information for the vehicle operated.
(8A) Not Funded.
(8B) Not Funded.
(9) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.
(9A) "Lock-to mechanism" means a mechanism on shared fleet devices that locks the device to an object or infrastructure.
(10) “Mayor” means the Mayor of the District of Columbia or his or her designee.
(11) “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, electric mobility devices, personal mobility devices, motorized bicycles or a battery-operated wheelchair when operated by a person with a disability.
(11A)(A) "Motorized bicycle" means a 2 or 3 wheeled vehicle with all of the following characteristics:
(i) A post mounted seat or saddle for each person that the device is designed and equipped to carry;
(ii) A vehicle with 2 or 3 wheels in contact with the ground, which are at least 16 inches in diameter;
(iii) Fully operative pedals for human propulsion; and
(iv) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground.
(B) The term "motorized bicycle" shall not include electric mobility devices, personal mobility devices, or a battery-operated wheelchair when operated by a person with a disability.
(12) “Park” means to leave any motor vehicle standing on a highway, whether or not attended.
(12A) "Permitted operator" means a SFD operating company that has a SFD permit.
(12B) "Personal information" means information that can reasonably be used to contact or distinguish a person, including internet protocol addresses, device identifiers, bank or credit card information, home addresses, email addresses, or phone numbers.
(13)(A) "Personal mobility device" or "PMD" means a motorized propulsion device that is designed to transport only one person that:
(i) Weighs 75 pounds or more; or
(ii) Is a self-balancing, two non-tandem wheeled device.
(B) The term "personal mobility device" shall not include:
(i) A battery-operated wheelchair;
(ii) An electric mobility device; or
(iii) A motorized bicycle.
(14) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years prior to the arrest on the current offense.
(14A) "Rider" mean a person riding a bicycle, motorized bicycle, e-bicycle, electric mobility device, or other personal mobility device. The term "rider" does not include a person operating a motor-driven cycle or motorcycle, as those terms are defined in 18 DCMR § 9901.1.
(14B) "SFD fleet" means all shared fleet devices of any single type of shared fleet device made available for rent by a permitted operator.
(14C)(A) "SFD operating company" means a company that provides rental of shared fleet devices for use in the public right-of-way without requiring the installation of any infrastructure within the public right-of-way.
(B) The term "SFD operating company" shall not include the District Department of Transportation or its contractors operating Capital Bikeshare.
(14D) "SFD permit" means a public-right-of-way occupancy permit issued by the Director to a shared fleet device operating company to offer shared fleet devices for rental in the public right-of-way in the District.
(14E) "Shared fleet device" means an electric mobility device, bicycle, or electrically-powered motorized bicycle that is available for short-term rental and is permitted for use in public space.
(15) “This chapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.
(16) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.
(17) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.
(18) “Vehicle conveyance fee” shall have the same meaning as provided in § 50-2301.02(9).
(19) “Vehicle for hire” means:
(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;
(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;
(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or
(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs, but not including shared fleet devices.
(20) “Work zone” means the area of a highway or roadway that is affected by construction, maintenance, or utility work activities, including the area delineated by and within all traffic control devices erected or installed to guide vehicular, pedestrian, and bicycle traffic.
§ 50–2201.03. Mayor to make rules; Department of Transportation; Director; Congressional and Council parking; title fees; common carriers; penalties; prosecutions; publication of regulations; excise tax; impoundment for outstanding violations.
(a) The Mayor is authorized and empowered to make, modify, repeal, and enforce rules relating to and concerning the following:
(1) The control of traffic and the movement of traffic;
(2)(A) The length, weight, height, and width of vehicles; and
(B) The brakes, horns, lights, mufflers, and other equipment of vehicles and the inspection of same;
(3)(A) The registration and reregistration of vehicles;
(B) The titling and retitling of motor vehicles and trailers, and the transfer of titles to motor vehicles and trailers; and
(C) The revocation, suspension, restoration, and reinstatement of the registration for motor vehicles and trailers and of certificates of title to motor vehicles and trailers;
(4) The issuance, suspension, revocation, restoration, and reinstatement of operator’s permits and operating privileges; provided, that the fee for restoration or reinstatement shall be $98;
(5) The establishment and location of hack stands; and
(6) The speed, routing, and parking of vehicles; provided, that the Mayor shall establish and locate parking areas in the vicinity of government establishments for use only by members of Congress and governmental officials when on official business.
(b) There is established in the government of the District of Columbia a Department of Transportation, which under the direction of the Mayor, shall have charge of the issuance and revocation of operators’ permits, the registration and titling of motor vehicles, the making of traffic studies and plans, the establishment and designation of arterial and other public highways, providing for the equipment of any street, road, or highway with control lights or other devices, or both, for the regulation of traffic, the installation and maintenance of traffic signs, signals, and markers, and of such other matters as may be determined by the Mayor. The Mayor shall appoint a Director of Vehicles and Traffic, who shall be in charge of said Department, and such other personnel as he or she may deem necessary to perform the duties thereof and as may be appropriated for by Congress. The Director of Vehicles and Traffic shall be responsible directly to the Mayor for the faithful performance of his or her duties and shall be subject to removal by the Mayor for cause.
(c) Members of Congress or the Council may park their vehicles in any available curb space in the District of Columbia, when:
(1) The vehicle is used by the member of Congress or the Council on official business;
(2) The vehicle is displaying a Congressional or Council registration tag or parking placard issued for the current session or by the District; and
(3) The vehicle is not parked in violation of a loading zone, rush hour, firehouse, or fire plug limitation.
(d) The Mayor shall cause to be levied, collected, and paid a $26 fee for each titling, duplicate titling, and retitling, and he or she shall not, after the 1st day of January, 1932, register or renew the registration of any motor vehicle or trailer unless and until the owner thereof shall make application in the form prescribed by the Mayor and be granted an official certificate of title for such vehicle. No registration or titling fee shall be charged for vehicles owned by the District government. The owner of a motor vehicle or trailer registered in the District of Columbia shall not, after the 1st day of January, 1932, operate or permit or cause to be operated any such vehicle upon any public highway in the District without first obtaining a certificate of title therefor, nor shall any individual knowingly permit any certificate of title to be obtained in his or her name for any vehicle not in fact owned by him or her, and any individual violating any provision of this subsection or any regulations promulgated thereunder shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than one year, or both. If the properly designated agent of the Mayor shall determine that an applicant for a certificate of title is not entitled thereto, such certificate of title may be refused, and in that event unless such determination is reversed upon written application to the Mayor by the individual affected, such individual shall be entitled to proceed further as provided under § 50-1403.01(a); provided, that reasonable time for hearing be given the applicant in the first instance.
(e) As to all common carriers by vehicle which enter, operate in, or leave the District of Columbia, the power to route small vehicles within the District of Columbia, to regulate their equipment other than that specifically named elsewhere in this part, to regulate their schedules and their loading and unloading, to locate their stops and all platforms and loading zones, and to require the appropriate marking thereof is vested in the Public Service Commission of the District of Columbia.
(f) Except as otherwise provided in this part or in the District of Columbia Traffic Adjudication Act of 1978 (§ 50-2301.01 et seq.), any person violating any provision of this part or any rule promulgated hereunder shall, upon conviction thereof, be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days, or both. Prosecution for violations shall be in the Superior Court of the District of Columbia upon information or indictment filed by the Corporation Counsel of the District of Columbia or any of his or her assistants.
(g) All regulations promulgated under the authority of this part shall be published in accordance with the requirements of subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].
(h) Repealed.
(i) Repealed.
(j)(1) In addition to the fees and charges levied under other provisions of this part, there is levied and imposed an excise tax on the issuance of every original certificate of title for a motor vehicle or trailer in the District of Columbia and every subsequent certificate of title issued in the District of Columbia in the case of a sale, resale, or gift, except in the case of a bona fide gift of a vehicle already titled in the District given between spouses, parent and child, or domestic partners, as that term is defined in § 32-701(3), or other transfer at the following percentage of the fair market value of the motor vehicle or trailer at the time the certificate of title is issued:
Weight Class Registration Fee
Class I (3,499 pounds or less) 6%
Class II (3,500 — 4,999 pounds) 7%
Class III (5,000 pounds or greater) 8%.
(1A)(A) By January 1, 2020, the Department of Motor Vehicles, in consultation with the Department of Energy and Environment, shall issue rules revising the calculation of the vehicle excise tax such that the fee amount shall be applied as either an increase or decrease to the excise tax amount as described in this paragraph.
(B) The increase or decrease to the excise tax amount shall be based on the difference between the fuel efficiency of the vehicle for which the title is being sought, using window label vehicle fuel efficiency figures, and a benchmark standard.
(C) Vehicles seeking a title with a fuel efficiency below the benchmark standard shall pay an increased excise tax amount, with the amount of increased tax increasing based on how far below the benchmark standards is the vehicle.
(D) Vehicles seeking a title with a fuel efficiency above the benchmark standard shall pay a decreased excise tax amount, or receive an excise tax rebate, with the amount of decreased tax decreasing based on how far above the benchmark standards is the vehicle.
(E) Changes to the vehicle excise tax made pursuant to this paragraph shall be revenue neutral or revenue positive.
(F) The Department of Motor Vehicles shall publish and maintain publicly available information to help residents understand the vehicle excise tax described in this paragraph, and how it might affect the cost of obtaining a title in the District.
(G)(i) The modification of the vehicle excise tax described in this paragraph shall not apply to:
(I) Vehicles owned by individuals who demonstrate that they claimed and received the District Earned Income Tax Credit for the tax period closest in time (for which a return could be due) to the date the vehicle excise tax is levied; or
(II) Trailers.
(ii) The Office of Tax and Revenue shall confirm whether the District Earned Income Tax Credit claimed pursuant to this subparagraph was claimed and received based upon submission of a completed tax information authorization waiver form by the individual.
(2) For the purpose of this section, the Mayor or his or her duly authorized representative shall determine the fair market value of a motor vehicle or trailer. As used in this section, the term “original certificate of title” shall mean the first certificate of title issued by the District of Columbia for any particular motor vehicle or trailer. No certificate of title so issued shall be delivered or furnished to the person entitled thereto until the tax has been paid in full. The Assessor of the District of Columbia may require every applicant for a certificate to title to supply such information as he or she deems necessary as to the time of purchase, the purchase price, and other information relative to the determination of the fair market value of any motor vehicle or trailer for which a certificate of title is required and issued.
(3) The issuance of certificates of title for the following motor vehicles and trailers shall be exempt from the tax imposed by this subsection:
(A) Motor vehicles and trailers owned by the United States or the District of Columbia;
(B) Repealed;
(C) Repealed;
(D) Motor vehicles and trailers owned by a utility or public service company for use in furnishing a commodity or service; provided, that the receipts from furnishing such commodity or service are subject to a gross receipts or mileage tax in force in the District of Columbia at the time of a certificate of title for any such vehicle or trailer is issued;
(E) New motor vehicles acquired from dealers as replacements for defective vehicles purchased new not more than 60 days prior to the date of such replacement, except that if the fair market value of any replacement vehicle is greater than that of the vehicle which it replaces, then the tax imposed by this section shall be paid on such difference in value. If the fair market value of any replacement vehicle is less than that of the vehicle which it replaces, then the Mayor or his or her designated agent is authorized to refund to the owner of the replacement vehicle an amount equal to the difference between the excise tax paid on the defective vehicle and the excise tax paid on the replacement vehicle;
(F) Rental or leased motor vehicles or trailers; provided, that the rental or leasing of such vehicles is subject to the gross receipts tax described in §§ 47-2002(a)(4B) and 47-2002.02(2)(C);
(G) Taxis or taxicabs as defined in § 50-301.03(21);
(H) Motor vehicles and trailers registered or titled in another state or United States jurisdiction by a nonresident before the nonresident established or maintained residency in the District;
(I) Commercial vehicles having the characteristics specified [in] § 47-2352(c) that are owned or leased by a company with an established place of business (as defined in § 47-2302(13)) located within the District of Columbia, if such vehicles are used to furnish a commodity or service; provided, that, the receipts from furnishing such commodity or service are subject to a gross receipts or mileage tax in force in the District of Columbia at the time a certificate of title is issued for the vehicle;
(J) Repealed.
(K) Motor vehicles following the death of one co-owner; provided, that the title is issued to a surviving owner;
(L) Motor vehicles whose ownership is determined by a decree of divorce or separation or pursuant to a written instrument incident to such divorce or separation; or, in the case of former domestic partners, ownership is either determined by a court order or one co-owner transfers his or her interest to the other co-owner provided that the applicant also submits the termination statement provided for in § 32-702(d)(1);
(M) Motor vehicles re-titled by an insurance company in connection with an insurance claim or pursuant to Chapter 13A of this title;
(N) Any vehicle for which the certificate of title issued is a scrap title issued pursuant to § 50-2705;
(O) Repealed;
(P) Vehicles for which a District of Columbia title is being issued to the lienholder because of repossession or was re-issued to the owner after repossession; and
(Q) Vehicles designated as junk or salvage pursuant to Chapter 13A of this title [§ 50-1331.01 et seq.].
(4) The Department of Motor Vehicles shall publish and maintain publicly available information to help residents understand vehicle excise tax rates and how they might affect the cost of obtaining a title in the District.
(k)(1) Any unattended motor vehicle found parked at any time upon any public highway of the District of Columbia against which there are 2 or more unpaid notices of infraction or vehicle conveyance fees that the owner was deemed to have admitted or that were sustained after a hearing, pursuant to § 50-2303.05, § 50-2303.06, or § 50-2209.02, or against which there have been issued 2 or more warrants may, by or under the direction of a law enforcement officer or member of the Metropolitan Police force or the United States Park Police force or an employee of the District of Columbia Department of Transportation, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Mayor or immobilized in such manner as to prevent its operation; except, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
(2) The notice, reclamation, and disposition procedures set forth in §§ 50-2421.06 through 50-2421.10, shall apply to any vehicle impounded pursuant to this section. In any case involving immobilization of a vehicle pursuant to this subsection, such member or law enforcement officer or employee shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.
(3) Repealed.
(4) The owner of an immobilized vehicle shall be subject to a booting fee of no less than $100 for such immobilization.
(5) Before the removal of an immobilization mechanism on a motor vehicle or the release of a motor vehicle from impoundment, the owner shall pay all outstanding fees, charges, civil fines, or penalties incurred pursuant to this section and §§ 50-1401.01, 50-1401.02, 31-2413(b)(2)(A), 50-1101, 50-1106, 50-1501.02, 50-1501.03, 50-2301.05, 50-2303.04a, and 50-2421.09(a), against the owner or any motor vehicle in which the owner has an ownership interest or had an ownership interest when a notice of infraction was issued.
(l) The Director of the Department of Motor Vehicles may establish a fee discount of up to 10% on any service obtained through the telephone, Internet, mail, or other method that does not involve an in-person visit to the Department. This subsection shall not apply to the payment of the motor vehicle title tax.
§ 50–2201.03a. Regulations for personal mobility devices.
(a) The Mayor shall promulgate regulations governing the PMD, including:
(1) Exempting the personal mobility device from the regulations governing motor vehicles;
(2) Establishing a registration process, such as, for example, requiring that each PMD bear a serial number, valid registration tag, or valid registration plate;
(3) Establishing a fine schedule for violations of the PMD regulations; and
(4) Providing an adjudication process for violations of PMD law and regulations.
(b) Regulations promulgated pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the proposed rules are not approved within the 45-day period of review, the rules shall be deemed disapproved.
§ 50–2201.03b. Regulations for shared fleet devices.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules implementing the provisions of § 50-2201.03c, including establishing:
(1) Terms and conditions for a SFD permit;
(2) An application process for obtaining a SFD permit;
(3) A process by which a permit may be revoked if the permitted operator does not comply with the terms and conditions of the SFD permit, § 50-2201.03c, or regulations issued pursuant to this section;
(4) The term for which a SFD permit lasts before requiring renewal;
(5) Penalties and fines for violations of the terms and conditions of the SFD permit, § 50-2201.03c, or regulations issued pursuant to this section;
(6) The number of shared fleet devices each permitted operator may operate in the public right-of-way;
(7) The process a permitted operator shall follow and the criteria a permitted operator shall meet, including an explanation of how each criterion is weighted, in order to increase its fleet size;
(8) Insurance requirements for permitted operators, which:
(A) Shall include liability insurance in an amount not less than $1 million per incident, that each permitted operator shall carry; and
(B) May include a required minimum aggregate amount of liability insurance; and
(9) The amount of the performance bond permitted operators shall provide to operate in the District.
§ 50–2201.03c. Operation of shared fleet devices.
(a) No SFD operating company shall offer shared fleet devices for rental without a SFD permit issued by the Director.
(b)(1) To obtain a SFD permit, a SFD operating company shall submit an application to the Director, in a form and manner determined by the Director by rule.
(2) The Director shall require a separate SFD permit for each SFD fleet offered by a permitted operator in the District.
(3) The Director may:
(A) Decline to issue any SFD permits; or
(B) If SFD permits are issued, limit the number of permitted operators in the District to any number greater than 2.
(4) The Director shall require permitted operators to provide a performance bond in an amount and form specified by the Director by rule, the funds of which shall be applied to costs including:
(A) Damage to public property caused by a permitted operator's shared fleet devices;
(B) Fines for violations of the terms and conditions of the SFD permit, this section, or regulations pursuant to § 50-2201.03b; and
(C) The relocation of a permitted operator's shared fleet device that is parked illegally.
(5) The Director shall fine a permitted operator $100 per device that the permitted operator represented to DDOT as an electronic mobility device and deployed and that, when inspected by DDOT, weighs greater than 75 pounds or is longer than 55 inches.
(c)(1) On the 7th day of each month, or the next business day if the 7th day of the month does not fall on a business day, a permitted operator shall collect and submit to the Director information regarding its SFD fleet and trip activity within the District during the previous calendar month, including:
(A) The time, route, starting location, and ending location of all trips;
(B) A description of all complaints made against the permitted operator via the customer service phone number required by [this section] or online; and
(C) Any other data the Director determines is pertinent to managing permitted operators or providing safe streets and infrastructure.
(2)(A) The information required by paragraph (1)(A) of this subsection shall:
(i) Constitute personal information;
(ii) Be stored in a secure fashion with controlled access granted only to District Department of Transportation staff or third-party contractors essential to the implementation of this section and the rules issues pursuant to § 50-2201.03b.
(B) Any third-party contractors granted access to the information required by paragraph (1)(A) of this subsection shall be bound by non-disclosure agreements.
(3) Except as provided in paragraph (4) of this subsection, the Director shall not disclose to the public personal information provided by a permitted operator under this subsection, including in response to a request pursuant to the Freedom of Information Act [subchapter II of Chapter 5 of Title 2].
(4) The Director may enter into confidential data sharing agreements with researchers and research entities; except, that the Director shall only provide information in a quantity and at a level of detail that is reasonably necessary to conduct the analysis specified in the confidential data sharing agreement.
(5) Within 48 hours after a permitted operator determines that a breach of its data system has occurred that has placed user personal information at risk, the permitted operator shall notify DDOT, and all past and present users of its shared fleet devices who may be affected by the breach, of the breach and the likely consequences of it.
(d) The Director shall not permit the aggregate number of electric mobility devices available for rent from permitted operators in the District to increase above 20,000 before October 1, 2023.
(e) The Director shall construct signage or create conspicuous pavement markings on major shared fleet device routes into and inside of the Central Business District, as that term is defined in section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901), alerting users that they may not operate shared fleet devices on sidewalks within the Central Business District and of the fine amount for such a violation.
(f) By October 1 of each year, for the calendar years 2021, 2022, 2023, and 2024, the Director shall construct, at a minimum, 1000 racks across the District suitable for the parking of shared fleet devices.
(g) A permitted operator shall:
(1) Have at least 3% of its fleet deployed in each ward cumulatively between 5:00 a.m. and 7:00 a.m. each day and in any other priority areas identified by the Director; except, that:
(A) A permitted operator with less than 200 permitted shared fleet devices need not comply with this paragraph; and
(B) Permitted operators shall not deploy shared fleet devices if the Director has provided the permitted operator with notice that shared fleet service is temporarily suspended to preserve public safety;
(2) Refrain from deploying shared fleet devices within 300 feet of an elementary, middle school, or senior wellness center, unless that space is located on a block face adjacent to a metro rail station entrance;
(3) Operate a 24-hour toll-free customer service phone number for users, the general public, and District officials to report shared fleet devices that are inoperable or suspected of being operated or parked in an apparent violation of the law, and to file complaints;
(4) Remove or reposition its shared fleet devices that are parked illegally within 2 hours of being notified of a violation by DDOT, any other government agency, or the public;
(5) By October 1, 2021, require users to use the lock-to mechanism on the shared fleet device in order to end a ride and make failure to do so subject to a penalty;
(6) Leave a shared fleet device involved in an accident in which the police have been called at the scene of the accident until the police have consented to the removal of the device and, if necessary, allow the police to take the device as evidence.
(7) Compile crash and injury data reported from the users of its shared fleet devices and share the data, which shall be aggregated so that identification of specific individuals is indeterminable, with the Director and the public on its website or mobile application;
(8) Display a plainly visible logo or name on its shared fleet devices to assist the public in identifying which shared fleet devices belong to which permitted operator;
(9) Display the customer service phone number required by paragraph (3) of this subsection on its shared fleet devices, including in braille, to inform the public whom to contact to reposition the device;
(10) Provide the public with data via its website or mobile application regarding how much of its SFD fleet and what parts, if any, of its shared fleet devices are reused or recycled at the end of the shared fleet device's useful life;
(11) Ensure its shared fleet devices are equipped with a headlight and taillight to be used when the safe operation of the device requires it;
(12) Ensure its shared fleet devices are equipped with reflective markings on its sides;
(13) Ensure its shared fleet devices are equipped with an audible signal to allow users to alert pedestrians to their presence while the device is in use;
(14) Offer an optional free class, in person or virtually, at least once a month, to educate users regarding the law and safe practices applicable to operating and parking a shared fleet device;
(15) By October 1, 2021, ensure its shared fleet devices are equipped with a lock-to mechanism for safe and legal parking;
(16) Offer to ship a helmet to any user who requests it for a price determined by the Director after consultation with the permitted operator;
(17) Ensure its electric mobility devices are equipped with a speed governor that does not allow the electric mobility devices to travel at a speed greater than the speed limit for electric mobility devices on a paved level surface as determined by the Director;
(18) Not display third party advertising on its shared fleet devices; except, that a permitted operator may display the name and logo of its parent company;
(19) Educate users regarding the law and safe practices applicable to operating and parking a shared fleet device by requiring each user to watch a video with closed captioning, or to participate in other media approved by the Director, through the permitted operator's mobile application when using the mobile application for the first time that explains:
(A) Users must be at least 16 years of age, or any older age that a permitted operator may determine it would prefer to set as its own guidelines;
(B) Users under 18 years of age shall wear helmets;
(C) Users shall park legally, which includes using the lock-to mechanism after October 1, 2021;
(D) Users shall not ride with passengers;
(E) Users shall yield to pedestrians;
(F) Users shall park electric mobility devices in corrals when available;
(G) Users shall ride electric mobility devices in protected bike lanes when available; and
(H) Users shall not ride on sidewalks within the Central Business District; and
(20) Comply with all other requirements established by the Director for the operation of shared fleet devices.
(h) A person shall not operate an electric mobility device in excess of the speed limit determined by the Director.
(i) A person shall operate an electric mobility device in a protected bike lane if available and safe for operating the electric mobility device.
(j) A person shall not operate a shared fleet device:
(1) If the person is under 16 years of age;
(2) Upon a sidewalk within the Central Business District, as the term is defined in section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 9901);
(3) With a passenger;
(4) While carrying any package, bundle, or other article that hinders the person from keeping both hands on the handlebars; or
(5) While the person is wearing a headset, headphone, or earphone, unless the device is used to improve the hearing of a person with a hearing impairment or the device covers or is inserted in one ear only.
(k) A person shall park a shared fleet device:
(1) In an upright position;
(2) After October 1, 2021, using the lock-to mechanism; and
(3) In such a manner as to:
(A) Afford at least 3 feet of unobstructed pedestrian walkway;
(B) Maintain unimpeded access to entrances to private property and driveways; and
(C) Maintain unimpeded access to handicap accessible ramps or parking spots.
§ 50–2201.04. Speeding and reckless driving.
(a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this part.
(b) A person commits the offense of reckless driving if the person drives a motor vehicle on any highway in the District:
(1) At a speed of 20 miles per hour or more in excess of the speed limit; or
(2) In any other manner that displays a conscious disregard of the risk of causing property damage or bodily injury to any person.
(c) A person commits the offense of aggravated reckless driving if the person drives a motor vehicle on any highway in the District:
(1) At a speed of 30 miles per hour or more above the speed limit; or
(2) At a speed of 20 miles per hour or more above the speed limit; and
(A) Causes bodily injury to any other person;
(B) Collides with another motor vehicle; or
(C) Causes $1,000 or more in property damage.
(d) A person convicted of reckless driving shall:
(1) For a first or second conviction of reckless driving, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both; and
(2) For a third or subsequent conviction for reckless driving within a 2-year period, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than one year, or both.
(e) A person convicted of aggravated reckless driving shall be:
(1) For a first or second conviction of aggravated reckless driving, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both; and
(2) For a third or subsequent conviction for aggravated reckless driving within a 2-year period, be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 2 years, or both.
(f) When determining whether a defendant has a prior conviction for reckless driving or aggravated reckless driving, the Court shall include convictions for any offense from another state or territory of the United States which, if committed in the District of Columbia, would constitute reckless driving or aggravated reckless driving, respectively.
(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of the District of Columbia:
(A) In personam, against any driver who is suspected of violating this section; or
(B) In rem, against any motor vehicle operated by a driver in a manner that violates this section.
(2) The Attorney General shall not bring a civil cause of action as described in paragraph (1) of this subsection against any person or motor vehicle:
(A) Regarding a violation of this section for which the fine imposed pursuant to regulations adopted under subsection (a) of this section:
(i) Is being contested or appealed;
(ii) Is not yet due;
(iii) Has been paid by the defendant; or
(iv) Is subject to a payment plan through which the defendant is making timely payments; or
(B) Who is currently serving or has completed serving the sentence imposed pursuant to subsection (d) or subsection (e) of this section.
(3) In civil actions brought pursuant to paragraph (1) of this subsection, the Attorney General may seek:
(A) Payment of any portion of the person's outstanding fines;
(B) Reasonable attorney's fees;
(C) For a defendant with a driver's license issued by:
(i) The District, the suspension or revocation of the defendant's driver's license; or
(ii) Another jurisdiction, the suspension or revocation of the defendant's privilege to drive in the District; and
(D) The immobilization of the motor vehicle through booting or towing and impoundment.
(4) If a court orders the immobilization of a motor vehicle through booting or towing and impounding pursuant to paragraph (3)(D) of this subsection, the court's order:
(A) Shall include a procedure to have the boot removed or the motor vehicle reclaimed from impoundment that is consistent with the requirements of § 50-2421.09 and District government policy; and
(B) May state a date after which, if the order has not been complied with, the Mayor may auction or scrap the motor vehicle consistent with §§ 50-2421.08 and 50-2421.10.
(5) The Attorney General may seek to enforce any final judgment in a case brought pursuant to paragraph (1) of this subsection in any court of competent jurisdiction.
(6) The Attorney General may retain outside counsel to perform any of the functions described in this subsection.
§ 50–2201.04a. Operation of personal mobility devices.
A personal mobility device shall not be operated:
(1) In the District if it has not been validly registered, unless it is validly registered in another jurisdiction, when required by applicable law of that jurisdiction, and bears readily visible evidence of being registered.
(2) By a person under 16 years of age;
(3) Above the maximum speed limit of 10 miles per hour;
(4) Upon a sidewalk within the Central Business District, as defined by section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR 9901);
(5) By a person carrying any package, bundle, or other article that hinders the person from keeping both hands on the handlebars; or
(6) On any roadway or sidewalk while the person is wearing a headset, headphone, or earphone, unless the device is used to improve the hearing of a person with a hearing impairment or covers or is inserted in one ear only.
§ 50–2201.04b. All-terrain vehicles and dirt bikes.
(a)(1) No person shall:
(A) Operate an all-terrain vehicle or dirt bike on public property, including any public space in the District; or
(B) Park, stand, or stop an all-terrain vehicle or dirt bike on public property, including any public space in the District.
(2) Paragraph (1) of this subsection shall not apply to a person who is in the process of immediately loading an all-terrain vehicle or dirt bike in or on a vehicle, trailer, or other storage container for the purpose of transporting the all-terrain vehicle or dirt bike to another jurisdiction or to private property in the District.
(b) All-terrain vehicles or dirt bikes shall not be registered with the Department of Motor Vehicles.
(c) A person violating subsection (a)(1)(A) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 30 days, or both.
(d) In addition to the penalties described in subsection (c) of this section, a person who is convicted of violating subsection (a)(1)(A) of this section shall, upon a second or subsequent conviction for violating subsection (a)(1)(A) of this section, have his or her driver's license, or privilege to operate a motor vehicle in the District, suspended for one year from the date of conviction; provided, that the period of suspension shall toll during a period of incarceration.
(e) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia.
(f) An all-terrain vehicle or dirt bike operated in violation of this section shall be subject to forfeiture pursuant to the standards and procedures set forth in Chapter 3 of Title 41.
§ 50–2201.04c. Motor vehicle moving infractions in work zones; signage required.
(a) For any motor vehicle moving infraction, as defined in Chapter 26 of Title 18 of the District of Columbia Municipal Regulations, committed by the driver within a work zone, the civil fine shall be double the amount otherwise prescribed and, in a criminal infraction case, the fine shall be one category higher than the penalty prescribed by law.
(b) Signs or notices shall be affixed at the point of ingress of constriction or work zones alerting drivers of doubled fines and increased penalties for moving infractions within the zone.
§ 50–2201.04d. Riders' safe crossing at intersections.
(a) A rider approaching a stop sign may go straight through the intersection or make a turn without stopping; provided, that the rider:
(1) Is travelling at an appropriate speed to reasonably assess and avoid hazards;
(2) Determines there is no immediate hazard; and
(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.
(b) A rider approaching a steady red traffic control signal may go straight through the intersection or make a left turn; provided, that DDOT has posted signage expressly permitting such movements at that intersection, and that the rider:
(1) Makes a complete stop;
(2) Determines there is no immediate hazard; and
(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.
(c) A rider approaching a steady red traffic control signal may make a right turn, provided that the rider:
(1) Makes a complete stop;
(2) Determines there is no immediate hazard; and
(3) Yields the right-of-way to pedestrians and to other traffic lawfully using the intersection.
(d) A rider may follow the pedestrian traffic control signal, including a leading pedestrian interval, for the rider's direction of travel.
§ 50–2201.04e. Traffic control at intersections. [Not Funded]
Not Funded.
§ 50–2201.05. Fleeing from scene of accident; driving under the influence of liquor or drugs. [Repealed]
Repealed.
§ 50–2201.05a. Establishment of Ignition Interlock System Program.
(a) For the purposes of this section, the term "covered offense" means:
(1) A violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14; or
(2) Driving a motor vehicle in another jurisdiction, including foreign jurisdictions and military jurisdictions, while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle.
(b) Except as provided in §§ 50-2206.13(d-1), 50-2206.15(c-1), and 50-2206.55(a-1)(2), a person who holds a driver's license issued by the District and commits a covered offense shall enroll in the Ignition Interlock System Program ("Program") established by this section for:
(1) Upon the first commission of a covered offense, a period of 6 months;
(2) Upon the second commission of a covered offense, a period of one year; and
(3) Upon the third or subsequent commission of a covered offense, a period of 2 years.
(b-1) A person required to participate in the Program pursuant to § 50-1403.01(a) shall enroll in the Program for a period of time to be determined by the Mayor.
(b-2) Not Funded.
(b-3)(1) A person who holds a driver's license issued by the District and refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, shall enroll in the Program established by this section for:
(A) A period of one year, if the person has never previously committed a covered offense and has never refused to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction;
(B) A period of 2 years, if the person has previously committed one covered offense or refused to provide a specimen for chemical testing one time in violation of § 50-1904.02, or a substantially similar law of another jurisdiction; and
(C) A period of 3 years, if the person has previously committed 2 or more covered offenses or has refused to provide a specimen for chemical testing 2 or more times in violation of § 50-1904.02, or a substantially similar law of another jurisdiction.
(2) Notwithstanding subsection (b) of section, if a person refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, during the same occurrence that gave rise to the commission of a covered offense, the timeframes described in this subsection shall apply.
(c) A person enrolled in the Program shall:
(1) Not operate a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time, not to exceed the period of license restriction set forth in subsection (b) of this section; and
(2) Install an ignition interlock system on each motor vehicle owned by or registered to the person.
(c-1) The driver's license of a person required to enroll in the Program shall be suspended until the person enrolls in the Program.
(d)(1) For the duration of the person's participation in the Program, the Department shall issue to the offender a restricted license which shall appropriately set forth the restrictions required by this section and regulations issued pursuant to this section.
(2) The Department may revoke the participant's operator's permit or issue a civil fine for failing to comply with the requirements of the Program.
(e)(1) Except as provided in paragraph (2) of this subsection, a participant in the Program shall pay all costs associated with enrolling and participating in the Program.
(2) Before a participant enrolls in the Program, the Department shall determine whether a participant is indigent. If a participant is determined to be indigent, the Department shall pay all costs associated with that person's enrollment and participation in the Program.
(3) For the purposes of paragraph (2) of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2).
(f) A person violating subsection (c) of this section shall be fined no more than the amount set forth in § 22-3571.01 or incarcerated for no more than one year, or both.
§ 50–2201.05a–1. Establishment of Intelligent Speed Assistance Program.
(a) There is established within the Department of Motor Vehicles ("DMV") an Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent speed assistance systems that limit the speed at which a motor vehicle can travel based on the applicable speed limit in the vehicle of any person that is convicted of an offense requiring enrollment as a condition of reinstatement pursuant to § 50-1301.38(a)(5) [Not funded].
(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed Assistance Program pursuant to subsection (a) of this section, the DMV shall:
(A) Require the person's enrollment in the Intelligent Speed Assistance Program as a condition for obtaining and maintain a restricted license;
(B) Permit the person to enroll in the Intelligent Speed Assistance Program;
(C) Revoke the person's license and issue the person a restricted license that notes their participation in the Intelligent Speed Assistance and the requirements thereof; and
(D) Not issue the person a license, other than a restricted license as described in subparagraph (A) [of this paragraph], until the person successfully completes a period of enrollment as described in subsection (c) of this section.
(2)(A) The DMV shall provide notice to the person of the requirements of paragraph (1) of this subsection.
(B) For the purposes of this paragraph, the person shall be considered to have been provided notice upon receipt of a letter containing the information required by subparagraph (A) of this paragraph that is either:
(i) Hand delivered to the person; or
(ii) Delivered by mail to the address listed on the person's license.
(c) A person's license shall remain revoked pursuant to subsection (b)(1)(C) of this section, and a person's enrollment in the Intelligent Speed Assistance Program shall remain a condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this section, for the following periods:
(1) For the first commission of a covered offense or conviction requiring enrollment, one year;
(2) For the second commission of a covered offense or conviction requiring enrollment, 2 years; and
(3) For the third or subsequent commission of a covered offense or conviction requiring enrollment, 3 years.
(d) A person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of this section, shall:
(1) Install an intelligent speed assistance system on each motor vehicle owned by or registered to the person; and
(2) Not operate a motor vehicle that is not equipped with a functioning, certified intelligent speed assistance system.
(e) If a person fails to comply with the Intelligent Speed Assistance Program's requirements as described in subsection (d) of this section, the DMV may:
(1) Suspend the person's restricted license for a period determined by the DMV and, following the period of suspension, permit the person to re-enroll in the Intelligent Speed Assistance Program;
(2) Revoke the person's restricted license and prohibit the person from re-enrolling in the Intelligent Speed Assistance Program; or
(3) Impose a civil fine on the person.
[(f)](1) A person enrolled in the Intelligent Speed Assistance Program shall pay all costs associated with enrolling and participating in the Intelligent Speed Assistance Program except in cases where the Intelligent Speed Assistance Program determines the person is indigent as described in paragraph (2) of this section.
(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, the DMV shall determine whether a participant is indigent.
(B) If a participant is determined to be indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Intelligent Speed Assistance Program for one year resulting from the first conviction requiring enrollment.
(3) For the purposes of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).
§ 50–2201.05b. Fleeing from a law enforcement officer in a motor vehicle.
(a) For the purposes of this section, the term:
(1) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.
(2) “Signal” means a communication made by hand, voice, or the use of emergency lights, sirens, or other visual or aural devices.
(b)(1) An operator of a motor vehicle who knowingly fails or refuses to bring the motor vehicle to an immediate stop, or who flees or attempts to elude a law enforcement officer, following a law enforcement officer’s signal to bring the motor vehicle to a stop, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 180 days, or both.
(2) An operator of a motor vehicle who violates paragraph (1) of this subsection and while doing so drives the motor vehicle in a manner that would constitute reckless driving under § 50-2201.04(b), or causes property damage or bodily injury, shall be fined not more than not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 5 years, or both.
(c) It is an affirmative defense under this section if the defendant can show, by a preponderance of the evidence, that the failure to stop immediately was based upon a reasonable belief that the defendant’s personal safety is at risk. In determining whether the defendant has met this burden, the court may consider the following factors:
(1) The time and location of the event;
(2) Whether the law enforcement officer was in a vehicle clearly identifiable by its markings, or if unmarked, was occupied by a law enforcement officer in uniform or displaying a badge or other sign of authority;
(3) The defendant’s conduct while being followed by the law enforcement officer;
(4) Whether the defendant stopped at the first available reasonably lighted or populated area; and
(5) Any other factor the court considers relevant.
(d)(1) The Mayor or his designee, pursuant to § 50-1403.01, may suspend the operating permit of a person convicted under subsection (b)(1) of this section for a period of not more than 180 days and may suspend the operating permit of a person convicted under subsection (b)(2) of this section for a period of not more than 1 year.
(2) A suspension of an operator’s permit under paragraph (1) of this subsection for a person who has been sentenced to a term of imprisonment for a violation of subsection (b)(1) or (2) of this section shall begin following the person’s release from incarceration.
(e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.
§ 50–2201.05c. Leaving after colliding.
(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and:
(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;
(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or
(3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.
(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer.
(c) It is not a defense to a violation of this section that the defendant:
(1) Was intoxicated, impaired in any way, or distracted; or
(2) Was not at fault for the collision.
(d)(1)(A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both.
(B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both.
(2)(A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both.
(B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.
§ 50–2201.05d. Object falling or flying from vehicle.
(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that an object likely to cause damage has detached from, fallen, or flown from his or her vehicle shall immediately stop and:
(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;
(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the event, to law enforcement or 911; or
(3) Where real or personal property or a wild or domestic animal, as a result of the event, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.
(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the event, including the location of the event, and followed the instructions of the 911 operator or a law enforcement officer.
(c) It is not a defense to a violation of this section that the defendant:
(1) Was intoxicated, impaired in any way, or distracted; or
(2) Was not at fault for the object falling from or flying from the vehicle.
(d)(1) A person violating any provision of subsection (a) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 60 days, or both.
(2) A person violating any provision of subsection (a) of this section when the person has a prior offense under subsection (a) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.
§ 50–2201.06. Garage keeper to report cars damaged in accidents.
The individual in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident or struck by bullets shall report to a police station within 24 hours after such motor vehicle is received, giving the make of the motor vehicle, the engine number, the registry number, and the name and address of the owner or operator of such motor vehicle. Any such individual failing so to report shall, upon conviction thereof, be fined not less than $25 nor more than $100 for each offense.
§ 50–2201.07. Control over park system not affected by this part.
Nothing contained in this part shall be construed to interfere with the exclusive charge and control prior to March 3, 1925, committed to the Director of the National Park Service over the park system of the District, and he or she is hereby authorized and empowered to make and enforce all regulations for the control of vehicles and traffic, and limiting the speed thereof on roads, highways, and bridges within the public grounds in the District, under his or her control, subject to the penalties prescribed in this part.
§ 50–2201.08. Repeal of certain prior laws; saving clause.
(a) The provisions of the act entitled “An Act regulating the speed of automobiles in the District of Columbia, and for other purposes,” approved June 29, 1906 (34 Stat. 621, ch. 3615), and, in so far as they relate to the regulation of vehicles or vehicle traffic in the District, the provisions of the act entitled “An act to authorize the Commissioners of the District of Columbia to make police regulations for the government of said District,” approved January 26, 1887 (24 Stat. 369, ch. 49) and of the joint resolution entitled “Joint resolution to regulate licenses to proprietors of theaters in the city of Washington, District of Columbia, and for other purposes,” approved February 26, 1892 (27 Stat. 394, Res. 4, 7) and of the act entitled “An act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30th, 1918, and for other purposes,” approved March 3, 1917 (39 Stat. 1064, ch. 160), are repealed. The provisions of § 20 of the Act entitled “An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columbia, and for other purposes,” approved March 3, 1917 (39 Stat. 1129, ch. 165), shall not apply to any person operating any motor vehicle in the District.
(b) Any violation of any provision of law or regulation issued thereunder which is repealed by this part and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal, be prosecuted to the same extent as if this part had not been enacted.
§ 50–2201.09. Severability.
If any provision of this part is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the part and the applicability of such provision to other persons and circumstances shall not be affected thereby.
