D.C. Mun. Regs. r. 18-1399

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 18-1399 - DEFINITIONS
1399.1

When used in this chapter, the following terms shall have the meanings ascribed, notwithstanding any definition in Section 9901:

Authorized Law Enforcement Official - any member of the District of Columbia Metropolitan Police Department, the U.S. Park Police, or the U.S. Capitol Police, who is duly authorized to enforce traffic laws within the boundaries of the District of Columbia.

Chemical Test - a test of a person's blood, urine, or breath for the purpose of determining the alcohol concentration or blood-drug-content in accordance with D.C. Official Code §§ 50-1902 and 50-1903, except the alcohol concentration shall be 0.04 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine instead of 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Commerce - (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside of the United States; and (b) any trade, traffic, and transportation in the United States which affects any trade, traffic and transportation described in part (a) of this definition.

Commercial Learner Permit - a driver's license issued by the District of Columbia or another jurisdiction, in accordance with the federal regulations, 49 CFR Part 383, to an individual which authorizes the individual to operate a class of commercial vehicles, if the individual:

(a) Possesses a non-commercial driver's license, or a Commercial Driver License for a group of vehicles other than the group of vehicles the individual is applying; and
(b) Is accompanied by a person who is authorized to operate the type of commercial vehicle being driven.

Commercial Driver License - a driver's license issued by the District of Columbia or other jurisdiction, in accordance with the federal regulations, 49 CFR Part 383, to an individual which authorizes the individual to operate a class of commercial vehicle.

Conviction - means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

Department - the Department of Motor Vehicles

Mobile telephone -- a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. part 20.3. It does not include two-way or Citizens Band Radio services.

School bus - a bus which is regularly used by or on behalf of a school to transport children to or in connection with school activities; Provided, that this definition shall not include buses operated by common carriers which are not used primarily for the transportation of school children, or vehicles owned by the United States government.

Texting -- means manually entering alphanumeric text into, or reading text from, an electronic device that includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an internet page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

1399.2

Any other term not defined above shall have the same meaning as that prescribed in 49 CFR 383 and 391.

D.C. Mun. Regs. r. 18-1399

Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by D.C. Act published at 53 DCR 8675 (October 27, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 10912, 10916 (November 19, 2010); amended by Final Rulemaking published at 62 DCR 13453 (10/16/2015)
Authority: The Director of the Department of Motor Vehicles (Director), pursuant to the authority set forth in section 1825 and 1826 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 and 50-905 ), sections 3 and 10 of the Uniform Classification and Commercial Driver License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code §§ 50-402 and 50-409 ), section 6 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 ), Mayor's Order 91-161, dated October 15, 1991, and Mayor's Order 2007-168, dated July 23, 2007.