Current through codified legislation effective October 30, 2024
Section 50-2303.04a - Fleet reconciliation program(a) For the purposes of this section, the term: (1) "Fleet" means 10 or more company owned or long-term leased motor vehicles, or a vehicle that was part of the fleet adjudication program, which the motor vehicle owner elects to be part of the fleet reconciliation program.(2) "Motor vehicle fleet owner" means any corporation, firm, agency, association, organization, or other entity holding legal title to 10 or more company owned or leased motor vehicles and an owner who was part of the fleet adjudication program and elects to be part of the fleet reconciliation program.(b) The Mayor is authorized to implement a fleet reconciliation program. The Mayor may compile notices of infraction for parking violations and for violations detected by an automated traffic enforcement system or an automated parking enforcement system, issued during a 30-day period, reconcile traffic records, and generate a consolidated monthly fleet infraction report for motor vehicle fleet owners who have registered those motor vehicles comprising a fleet. The monthly fleet infraction report shall serve as the summons and complaint.(c) The Mayor may, by rulemaking, impose a registration fee on all motor vehicle fleet owners authorized to participate in this program. The registration fee shall recover the administrative costs associated with the administration and enforcement of this chapter with respect to fleets.(d) To participate in the fleet reconciliation program, a motor vehicle fleet owner shall: (1) Register its fleet with the Department of Motor Vehicles;(2) Pay a registration fee to cover the District government's administrative costs for the fleet reconciliation program; and(3) Satisfy all outstanding parking, moving, and automatic enforcement infractions prior to registration in the program.(e) A fleet owner participating in the fleet reconciliation program shall pay the amount owed stated in the monthly fleet infraction report, which sets forth the date and time of the infraction and other information contained in the original notice of infraction, within 30 days of its receipt. If the amount set forth in the fleet infraction report is not paid within 30 days, the Director shall notify the owner in writing that failure to pay within 30 days of the date of the notice of failure to pay shall be grounds for removal from the program. A fleet owner shall be given notice in writing if it is being removed from the program. The effective date of the removal shall be the date that notice of removal is sent to the fleet owner. A fleet owner shall not be entitled to adjudicate any violations listed in the monthly fleet infraction report. Penalties set forth in § 50-2301.05(a)(2) are not applicable to the fleet reconciliation program. If a fleet owner is removed from the program by the Director, then the penalties set forth in § 50-2301.05(a)(2) shall immediately apply and the owner shall be responsible for any penalties that would have incurred if the vehicle had not been part of the program. A fleet vehicle shall not be subject to towing or immobilization, for failure to pay notices of infraction while part of the fleet reconciliation program. If a fleet vehicle is removed from the program, either voluntarily or as a result of removal by the Director, the vehicle shall become immediately subject to towing or immobilization if the vehicle would have been subject to towing or immobilization had it not been part of the program.(e-1) Notwithstanding the provisions of the Driver Education Program and Fleet Program Amendment Act of 2009 [subtitle A of title VI of D.C. Law 18-111, §§ 6001 to 6003], a member of the fleet reconciliation program shall be able to adjudicate a ticket on the basis of a citation having an invalid license plate or tag number, or for a duplicate citation for the same infraction.(f) The fleet owner shall be primarily liable for the civil penalties imposed pursuant to this section.Sept. 12, 1978, D.C. Law 2-104, § 304a; as added March 24, 1998, D.C. Law 12-76, § 2(a), 45 DCR 481; Apr. 27, 2001, D.C. Law 13-289, § 302(h), 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 207(c), 52 DCR 1700; Mar. 14, 2007, D.C. Law 16-279, §301(f), 54 DCR 903; Aug. 15, 2008, D.C. Law 17-217, § 2(c), 55 DCR 7513; Mar. 3, 2010, D.C. Law 18-111, § 6003, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 142, 59 DCR 6190.Mayor authorized to issue rules: Section 3 of D.C. Law 12-76 provided that the Mayor may issue rules to implement the provisions of the act.