D.C. Mun. Regs. tit. 18 § 310

Current through Register Vol. 71, No. 21, May 24, 2024
Rule 18-310 - LIMITED OCCUPATIONAL LICENSES
310.1

Except as provided in § 310.7, a person whose regular driver's license, as described in § 1312.1(a), is revoked, suspended or canceled may request, in writing, that the order be modified to allow the issuance or retention of a driver's license or privilege on a limited basis. An examiner shall not grant the application unless the applicant demonstrates that the suspension or revocation imposes an extreme hardship for which there is no practical remedy and, in the judgment of the examiner, the safety of the public will not be impaired. The determination shall be based solely upon the written application.

310.2

In order to show extreme hardship, the applicant for an occupational license must show to the satisfaction of the examiner that loss of operating privileges precludes carrying out the applicant's normal business, trade or occupation, and that driving is necessary to support the applicant and his or her family.

310.3

In considering whether a limited license can be issued in the interest of the public safety and welfare, the examiner shall determine the general good character of the applicant, the number and seriousness of the violations on the applicant's traffic record, the period of time over which the violations were accumulated, the number and seriousness of violations committed by the applicant during the hours or in the area, or both, for which applicant desires the license, the ease or difficulty of enforcement of the conditions and limitations of the license, and the probable impact, so far as the examiner can determine, of the limitation on the future driving conduct of the applicant.

310.4

The applicant may prove his or her general good character by submitting with the application letters of recommendation from responsible business people, the employer of the applicant, law enforcement officers, judicial officials, or other credible persons.

310.5

If the applicant operates a commercial vehicle as a livelihood, the application shall be accompanied by a written request from the applicant's employer that the license be issued.

310.6

When an occupational license is issued, the period of suspension or revocation may be increased over that of the original suspension or revocation period to the extent that, in the judgment of the examiner, the increase is justified to carry out the intent under this title of protecting the public interest in safe driving and of improving the driving habits of applicants for licenses.

310.7

No occupational license shall be issued to the following:

(a) Applicants whose licenses are revoked for an offense for which revocation is made mandatory by law;
(b) Applicants whose licenses are revoked for physical or mental reasons;
(c) Applicants whose licenses are revoked as a result of a conviction for operating after suspension or revocation;
(d) Applicants who have accumulated sixteen (16) points on their driving record; or
(e) Applicants who received an occupational license within the preceding two (2) years.
(f) A person who holds a commercial driver's license, or
(g) A person who has been disqualified from operating a commercial vehicle pursuant to § 1306.
310.8

A limited license may be issued with restrictions that will permit business use only, daylight hours only, driving to and from work, or any other limited use which, in the opinion of the hearing examiner is appropriate in carrying out the purpose of this section.

310.9

An occupational license shall be expressly conditioned on the licensee's compliance with all traffic laws and rules. Any violation, other than parking infractions, shall result in the immediate revocation of the occupational license and the doubling of the applicable period of suspension of revocation.

D.C. Mun. Regs. Tit. 18, § 310

Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 270.8, Special Edition; DC Law 13-289, 48 DCR 2057 (March 9, 2001); as amended by Final Rulemaking published at 56 DCR 8595 (October 30, 2009)
Authority: Section 1825 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 50-904 ); §§ 6 and 7(a)(1) of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; DC Official Code §§ 50-2201.03 and 50-1401.01(a)(1) ); and Mayor's Order 07-168, effective July 10, 2007