Section 50-2209.02 - Liability for fines; notice of infraction; hearing(a) Absent an intervening criminal or fraudulent act, the owner of a vehicle issued a notice of infraction shall be liable for payment of the fine assessed for the infraction.(b) When a violation is detected by an automated traffic enforcement system and the Mayor enforces the violation, the Mayor shall mail a summons and a notice of infraction to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency. The notice shall include the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, and a copy of the photo or digitized image of the violation.(b-1) When a speeding violation is detected by an automated traffic enforcement system in an amount of 8 miles per hour or more over the applicable speed limit and the Mayor does not enforce the violation, the Mayor shall mail a warning to the name and address of the registered owner of the vehicle on file with the Department of Motor Vehicles or the appropriate state motor vehicle agency, except that the Mayor need only issue one warning per calendar year to each registered owner for each location of detection. The warning shall include the date, time, and location of the violation, the type of violation detected, the license plate number, and state of issuance of the vehicle detected, a copy of the photo or digitized image of the violation, and wording stating that the Mayor retains the right to enforce any future speeding violations detected.(c) An owner or operator who receives a citation may request a hearing which shall be adjudicated pursuant to subchapter I of Chapter 23 of this title.(d) The owner or operator of a vehicle shall not be presumed liable for violations in the vehicle recorded by an automated traffic enforcement system when yielding the right of way to an emergency vehicle, when the vehicle or tags have been reported stolen prior to the citation, when part of a funeral procession, or at the direction of a law enforcement officer.Amended by D.C. Law 23-158,§ 9, 67 DCR 13057, eff. 12/23/2020.Apr. 9, 1997, D.C. Law 11-198, § 902, 43 DCR 4569; Mar. 24, 1998, D.C. Law 12-81, § 51, 45 DCR 745; Apr. 8, 2005, D.C. Law 15-307, § 206, 52 DCR 1700; Oct. 23, 2012, D.C. Law 19-187, § 2(b), 59 DCR 10149; Oct. 8, 2016, D.C. Law 21-155, § 801, 63 DCR 10143.Applicability
Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the creation of this section by § 801 of D.C. Law 21-155 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.