D.C. Mun. Regs. tit. 18, r. 18-3004
Current through Register Vol. 71, No. 43, October 25, 2024
Rule 18-3004 - SERVICE OF THE NOTICE OF INFRACTION3004.1Service of the appropriate copy of the Notice of Infraction as provided for in § 3003 may be made in person to the operator of a vehicle.
3004.2Personal service shall be used for moving violations and parking violations, except as otherwise provided in this section.
3004.3In cases of parking violations:
(a) Where the owner or operator is not present, the appropriate copy of the notice shall be served by affixing it to the vehicle in a conspicuous and secure manner.(b) Where the notice of infraction is issued by an automated parking enforcement system, the appropriate copy of the notice shall be mailed to the registered owner of the vehicle within twenty-five (25) days after the date of violation.(c) When the operator of a motor vehicle leaves the site of a violation before personal service or service by affixing a notice to the vehicle can be effectuated, the notice shall be mailed to the registered owner of the vehicle within twenty-five (25) days after the date of violation. 3004.4(a) Service of notice by affixation to the vehicle, or by mail for notices issued by an automated parking enforcement system, shall have the same force and effect as personal service.(b) Service of notice by affixation to the vehicle, or by mail for notices issued by an automated parking enforcement system or when the operator of a motor vehicle leaves the site of a violation before personal service or service by affixing a notice to the vehicle can be effectuated, shall have the same force and effect as personal service.3004.5The operator of a vehicle who is not the owner, but who uses or operates the vehicle with the permission of the owner, either express or implied, shall be deemed to be the agent of the owner to receive service of the notice in cases of parking violations.
3004.6The Department shall provide, upon request of the respondent, his or her attorney, or authorized agent, photocopies of tickets or, if issued from a hand-held electronic device or automated parking enforcement system, printouts of data contained on tickets issued to that respondent.
3004.7The Director shall prescribe procedures for application for photocopies or, if issued from a handheld electronic device, printouts of data contained on tickets. The fee shall be one dollar ($ 1) per copy. The Director or his or her designee may waive or reduce the fee for good cause.
3004.8When a notice of infraction is issued for a violation of Section 4 of the International Registration Plan Agreement Act of 1996, effective September 5, 1977 (D.C. Law 12-14; D.C. Official Code 50-1507.03), the operator of the vehicle shall be deemed the agent of the owner or apportioned operator for the purposes of receiving service of the notice.
3004.9In the case of a moving violation where a Notice of Infraction is not issued at the time of the incident, a subsequently issued Notice shall be served as follows:
(a) If the respondent is a District resident, the Notice shall be personally served; or(b) If the respondent is not a District resident, the Notice shall be served by mailing the appropriate copy of the Notice by certified mail, return receipt requested to the respondent's address as available through the Washington Area Law Enforcement System, or similar interstate database containing license information from state issuing agencies, or the address displayed on the respondent's driver's license as presented at the time the incident was first investigated,3004.10In accordance with §§ 3002.9 and 3003.3, the original of a Notice of Infraction served in accordance with § 3004.9 shall be submitted to the Department of Motor Vehicles within fifteen (15) calendar days after issuance.
3004.11A submitted Notice of Infraction shall indicate proof of service as follows:
(a) If served pursuant to § 3004.9(a) the Notice shall be signed by the respondent; or(b) If served pursuant to § 3004.9(b); the Notice shall be accompanied by the original certified mail receipt bearing either the respondent's signature or a notation of signature refusal from the U.S. Postal Service.D.C. Mun. Regs. tit. 18, r. 18-3004
Final Rulemaking published at 47 DCR 5558 (July 7, 2000); as amended by Final Rulemaking published at 52 DCR 5639 (September 23, 2005); as amended by D.C. Act 17-417 published at 55 DCR 7513 (July 11, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 4563 (May 27, 2011); amended by Final Rulemaking published at 67 DCR 1527 (2/14/2020); amended by Final Rulemaking published at 69 DCR 1534 (2/25/2022) Authority: The Director of the Department of Motor Vehicles, pursuant to the authority set forth in 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); section 107 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104, § 107; D.C. Official Code § 50-2301.07); and Mayor's Order 2007-168, effective July 10, 2007.