DCMR Title 18 Chapter 2 (Licensing)

200 GENERAL PROVISIONS

200.1No person shall operate a school bus within the District for the purpose of picking up or discharging students unless that person has been licensed as a school bus driver by the Department in accordance with the procedures set forth in this section, or unless that person has been licensed as a school bus driver by the jurisdiction in which the school bus is registered. [MISDEMEANOR: See §1110]
200.2Drivers of buses operated by or on behalf of schools located within the District shall be licensed as school bus drivers by the Department notwithstanding the fact that they may also be licensed as school bus drivers by another jurisdiction.
200.3The Director shall issue a school bus driver's license to an applicant who is at least eighteen (18) years of age if the Director is satisfied the applicant is physically, mentally, and morally qualified, in accordance with the standards set forth in this chapter.
200.4If an applicant for a school bus driver's license is rejected by the Director for moral reasons and is, nevertheless, acceptable to the director of the school for which he or she will be driving, that driver shall be rejected for moral reasons.
200.5School bus driver permits shall be valid for a period of one (1) year, expiring on the last day of August of each calendar year.
200.6Each school bus operator's license shall consist of a numbered identification card bearing a photograph of the licensee, which shall be displayed prominently in any vehicle being operated as a school bus by the licensee, and a special school bus permit which shall contain a number and information identifying the owner of the bus. The license and permit shall include any other matter that the Director may require.
200.7The licensee shall carry the school bus operator's permit at all times when operating a vehicle as a school bus, and shall present the perm~it, on demand, to any police officer.
AUTHORITY: Unless otherwise noted, the authority for this chapter is §§401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, filed August11, 1967, D.C. Code Vol. 1 at 126(1981 Ed.); §412 of the District of Columbia Self-Government and Governmental Reorganization Act as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code §1-227(a); and §§IV(A) and V of Reorganization Plan No. 4 of 1983, 30 DCR 6428 (12-16-83).
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§2.801, 2.802, 2.805, Special Edition; as amended by §3 of the District of Columbia Age of Majority Act, D.C. Law 1-75,22 DCR 6454, 6456 (May 20,1976).

201 QUALIFICATIONS FOR A SCHOOL BUS DRIVER'S LICENSE

201.1The Department shall not issue a school bus driver's license to any of the following:
  1. A person who is under twenty-one (21) years of age;
  2. To a person who is covered by diplomatic immunity:
  3. To a person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
  4. To a person who is required by this chapter to take an examination, unless that person has successfully passed the examination;
  5. To any employee of the Department whose employment is concerned directly with the issuance of a license;
  6. To a person who has not, within the three (3) years immediately preceding the date of his or her application for a license, had at least one (1) year's driving experience as a licensed motor vehicle operator in the Metropolitan area;
  7. To a person who the Department has good cause to believe would not be able to operate a public vehicle safely due to physical or mental disability;
  8. To a person who has been convicted of offenses or found liable for infractions of traffic regulations of the District and elsewhere with such frequency as to indicate a disrespect for traffic laws (such fact being established by the point system described in this title); or for a serious traffic offense or offenses which indicate a disregard for the safety of other persons or property; or
  9. To a person who, in the judgment of the Department is not of good moral character.
201.2An applicant shall not be considered of good moral character if any of the following apply to the applicant:
  1. He or she is a habitual drunkard or addicted to the use of drugs;
  2. He or she is on parole or probation at the time of the filing of the application for a license; Provided, that if the parole or probation arose out of a conviction for a crime other than those listed in paragraph (c) of this subsection, the application may considered for approval by the Director if a letter from the appropriate parole or probation officer is submitted with the application stating that there is not objection to the issuance of a school bus operator's license; or
  3. He or she has, within the three (3) years immediately preceding the filing of his or her application, been convicted of, or during that period has served any part of a sentence for, or is currently under indictment for the commission or an attempt to commit any of the following:
    1. Murder, manslaughter, mayhem, malicious disfiguring of another, abduction, kidnapping, burglary, housebreaking, robbery, or larceny;
    2. Assault with intent to commit any offense punishable by imprisonment in the penitentiary;
    3. Any sex offense or
    4. Any violation of the narcotics laws.
201.3No applicant shall be considered for a license if, at the time an application is filed, the applicant is suffering from a contagious disease, epilepsy, vertigo, fainting spells, blackouts, attacks of dizziness, or other medical conditions that may render the applicant unsafe or unsatisfactory as the driver of a school bus. The physical fitness standards of the Department are set forth in §202.
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §§2.901, 2.902, 2.904, Special Edition; as amended by Regulation No 74-17 effective June 29, 1974

202 MINIMUM MEDICAL STANDARDS FOR SCHOOL BUS OPERATORS

202.1The medical standards set forth in this section shall be met by each applicant for a school bus operator's license.
202.10HISTORY OR EVIDENCE OF SEIZURES OR LOSS OF CONSCIOUSNESS: Applicant who has a diagnosis of a seizure disorder or narcolepsy shall not be medically qualified to receive a school bus operator's license.
202.11NO EVIDENCE OF ANY CONTAGIOUS DISEASE.
202.12NORMAL URINALYSIS, or satisfactory correction of any abnormalities.
202.13EXTREMITIES: Manual transmission: normal muscle power, and full range of emotion in all four extremities; normal grasp/grip in each hand. Automatic transmission, normal power and range of motion in the right lower extremity and in each upper extremity. Both cases: one complete upper extremity with at least the thumb and two (2) other fingers on the other hand with adequate grasping power in each.
202.14ORGANIC OR FUNCTIONAL DISEASE: Applicant shall be free of any organic or functional disease likely to interfere with safe driving such as paralysis, deformities, atrophies, or injuries of the extremities or impairment of the central nervous system. There shall be no history within the past (3) years of drug addition, alcoholism, or use of illegal drugs. If any such history exists, there shall -be required a report from an appropriate substance abuse rehabilitation agency or counselor indicating that following the date that illegal drugs or substances were last abused, the applicant has successfully completed a rehabilitation program.
202.15NO HISTORY OR EVIDENCE OF MENTAL OR EMOTIONAL DISTURBANCES within the preceding five (5) years. If any, there shall be required a report from the psychiatrist which shall include diagnosis, treatment (most recent and medication), and prognosis.
202.16CHEST X-RAY: Before hiring, the applicant shall have a tuberculin skin test or chest x-ray. The test shall be repeated every two (2) years thereafter.
202.2VISION: Two eyes - one testing at least 20/30, the other 20/50 or better (Snellen), with or without glasses; Field of Vision: one hundred forty degrees (1406) or better; Color Vision: Be able to discriminate red, green, and yellow signals.
202.3HEARING: Hear whispered voice at twenty feet (20 ft.) (hearing aids permitted); or hear ordinary conversation in at least one ear 15/20.
202.4BLOOD PRESSURE: Systolic - not over one hundred sixty (160 mm. hg.) sitting and diastolic not over one hundred (100 mm. hg.) sitting. If taking medication for blood pressure, a report from a physician, including the kind and dosage of the medication, prognosis, and a recommendation as to the applicant's fitness to operate a school bus safely, is required.
202.5ENDOCRINOPATHY: No evidence of disease of the thyroid, adrenal, or pituitary gland; tachycardia; tremors; Cushing's syndrome; pituitary insufficiency; hypertension; hypoglycemia; astenia; or undue atrophy or weight loss.
202.6HEART: Normal, or if any heart disease is present, it shall be fully compensated and asymptomatic with no demonstrable edema, dyspnea, or other symptoms upon climbing stairs on exercise tests, or during excitement or stress. If taking any medication for heart condition, the applicant shall submit a statement from his or her physician concerning kind and dosage, prognosis, and ability to drive a school bus safely.
202.7PULMONARY DISEASE: No subjective or objective evidence of symptomatic restrictive or obstructive pulmonary disease producing hypoxemia with associated dyspnea or reduction in exercise tolerance.
202.8DIABETES MELLITUS: If a diabetic, the applicant shall submit a statement from a physician indicating the following:
  1. The extent to which the disease is under control;
  2. Whether the individual is under regular medical supervision;
  3. Whether insulin is required;
  4. Whether the individual is reliable in following a prescribed medical or dietary regimen; and
  5. That there has been no history of coma or altered consciousness within the preceding three (3) years. The diabetes should not be the "brittle" type and should not be accompanied by complications, especially retinopathy or neuropathy.
202.9CENTRAL NERVOUS SYSTEM DISEASE: No tremors, incoordination, ataxia, abnormal reflexes, palsies, dystrophies, or neurological deficits.
SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR Appendix A, Special Edition; as amended by Final Rulemaking published at 33 DCR 6208 (October 10,1986); and by Final Rulemaking published at 34 DCR 8182 (December 18, 1987).

203 APPLICATION FOR A SCHOOL BUS DRIVER'S LICENSE

203.1Each application for a school bus driver's license shall be made on a form provided by the Department.
203.10Upon receipt of an application for a school bus driver's license, the Department shall investigate or cause to be investigated the applicant to determine the identity, competency, fitness, and eligibility of the applicant for the license.
203.2Each application shall state the full lawful name, date of birth, sex, social security number, residence of the applicant, and such other information as the Department may require to determine the applicant's identity, competency, and eligibility, including a full statement of all charges entered against him or her, both criminal and traffic, in the District and elsewhere.
203.3Each application shall be accompanied by two (2) new full face and one (1) profile head and shoulders photographs, size one and three quarters by one and seven eighths of an inch (1~A in. by 1~/e in.), and by three (3) sheets of fingerprints of the applicant taken at the headquarters of the Metropolitan Police Department.
203.4One (1) sheet of fingerprints shall be furnished to the Federal Bureau of Investigation.
203.5Each application, including a renewal application, shall be accompanied by a certificate from a physician (who shall be a resident of the Metropolitan Area) certifying that in the physician's opinion the applicant is not afflicted with any disease or infirmity which might make the applicant an unsafe or unsatisfactory driver of a school bus.
203.6The form of the physician's certificate shall be prescribed by the Department and may provide for any additional information relating to the applicant's past or present medical history as the Department may consider necessary.
203.7The physician's certificate shall be executed by the certifying physician within ninety (90) days of the date of filing of the application.
203.8The Department shall examine each applicant for a school bus driver's license.
203.9The examination shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a bus of the type or general class of buses for which he or she desires a license to drive, except that such demonstration shall not be required of applicants who are nonresidents and are licensed by the State of their residence to operate such bus or buses.
204.1The Director may refuse to issue or renew, or may suspend or revoke a license issued under this section in any case where he or she finds the applicant or licensee has violated or failed to comply with any of the provisions of this chapter, or whenever the Director shall find that the person to whom the license was issued is no longer physically, mentally, or morally qualified to hold the license.
204.2Upon suspending, revoking, or refusing to issue or renew a license,the Director shall immediately notify the applicant or licensee stating the reasons for the action and affording the applicant or licensee reasonable opportunity for a hearing.
204.3An order of suspension or revocation shall be effective on the date of its being mailed by registered mail, return receipt requested, to the last known address of the license on file in the Department.
204.4If the notice is returned for reasons other than refusal, then the effective date of the notice shall be the date on which personal service thereof is made on the licensee or his or her attorney.
204.5A suspended or revoked license shall be returned immediately to the Director by the licensee.
204.6The holder of a school bus license shall immediately surrender the license to the Director upon the suspension or revocation of the holder's driver's license or non-resident operating privilege.
SOURCE: Regulation No. 72-13 effective June 30,1972, 32 DCRR §2.804, Special Edition. CHAPTER 3 CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES 300 Authority of the Director 301 Mandatory Revocations 302 Suspension and Revocation for Traffic Offenses 303 Establishment of a Point System 304 Suspension for Failure to Comply with Traffic Citations 305 Loss of all Operating Privileges and Surrender of License 306 Period of Suspension or Revocation 307 Notice of Suspension or Revocation 308 Service of Suspensions or Revocation Notices following Arrest 309 Hearings on Proposed Suspensions and Revocations 310 Limited Occupational Licenses

300 AUTHORITY OF THE DIRECTOR

300.1The Director, after notice and hearing, is authorized to cancel any license upon determination that the licensee was not entitled to the issuance of the license, that the licensee failed to give the required or correct information in the application, or that the prescribed fee has not been paid.
300.2The Director is authorized, after giving notice and an opportunity for hearing, to suspend or revoke the license of any person upon a showing, by records or other sufficient evidence, of any of the grounds for suspension or revocation set forth in this chapter.
300.3A non-resident's privilege of driving a motor vehicle on the highways of the District shall be subject to suspension or revocation by the Director in the same manner and for like cause(s) as a District driver's license may be suspended or revoked.
300.4If a non-resident driver of a motor vehicle is convicted of an offense in the District or is determined liable for an infraction in the District, the Director may forward a certified copy of the record of the conviction or determination of liability to the motor vehicle administrator of the jurisdiction where the driver resides.
300.5If a nonresident's operating privilege is suspended or revoked, the Director shall forward a certified copy of the record of the action to the motor vehicle administrator in the jurisdiction where that person resides.
300.6The Director is authorized to suspend or revoke the license of any resident of the District or the privilege of a nonresident to drive a motor vehicle in the District upon receiving notice of the conviction of or determination of the liability of that person in another jurisdiction of an offense or infraction in the other jurisdiction which, if committed in the District, would be grounds for suspension or revocation of the license of a driver.
300.7The Director may give the same effect to conduct of a resident in another jurisdiction as would be provided by the laws of the District if the conduct had occurred in the District.
300.8For the purpose of identifying habitual or frequent violators of traffic regulations, the Director shall establish a uniform system assigning demerit points for convictions of violations of traffic regulations or civil adjudications establishing the commission of traffic infractions.
300.9The Director may assess points for convictions or determinations of liability in other jurisdictions of offenses or infractions which, if committed in the District, would be grounds for such assessment.
AUTHORITY: Unless otherwise noted, the authority for this chapter is §§401 and 402 of Reorganization Plan No. 3 of 1967, effective August11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); Reorganization Plan No. 2 of 1975, effective July 25,1975, 21 DCR 3198; 22 DCR 961; §412 of the District of Columbia Self-Government and Governmental Reorganization Act as amended, 87 Stat. 790, Pub.L. No. 93-198, D.C. Code §1-227(a); and the Compulsory/No Fauit Motor Vehicle Insurance Act, effective September 18, 1983, D.C. Law 4-155, 29 DCR 3491 (August 13,1982).
SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR §§2.301, 2.302, 2.303, 2.305 Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974; and by §604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275 (August 11, 1978).

301 MANDATORY REVOCATIONS

301.1The Director shall forthwith revoke the license of any person upon receiving a record of such person's conviction of any of the following offenses:
  1. Operating a motor vehicle while the person's blood contains ten one-hundredths of one percent (0.10%) or more, by weight, of alcohol, or under the influence of intoxicating liquor or any drug or any combination thereof;
  2. Any homicide committed by means of a motor vehicle;
  3. Leaving the scene of an accident in which the motor vehicle driven by him or her was involved and in which there is personal injury without giving assistance or making known his or her identity and address and the identity and address of the owner of the vehicle;
  4. Reckless driving or operating a motor vehicle while the ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor involving personal injury;
  5. Any felony in the commission of which a motor vehicle is used; or
  6. If the person is under twenty-one (21) years of age, operating a motor vehicle while the person's blood, breath, or urine contains any measurable amount of alcohol.
SOURCE: Regulation No. 72-13 effective June 30,1972, 32 DCRR §2.304 Special Edition; as amended by §10 of Anti-Drunk Driving Act of 1982, D.C. Law 4-145, 29 DCR 3138, 3147 (July 23, 1982); and by §7 of the Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994, D.C. Law 10-122, 41 DCR 1658, 1664 (April 1, 1994).

302 SUSPENSION AND REVOCATION FOR TRAFFIC OFFENSES

302.1Negligent involvement as a driver in any accident which resulted in the death of another person is grounds for suspension or revocation.
302.10Operating a motor vehicle or permitting the operation of a motor vehicle which is not insured pursuant to the No-Fault In~uirance Act is grounds for suspension or revocation.
302.11Providing the Director with false or inaccurate information as requested by the Director pursuant to §4 11.10 or §413.12 is grounds for suspensions or revocation. U District of Columbia Municipal Regulations Title 18
302.12Falsely certifying to the Director that a motor vehicle is insured pursuant to the No-Fault Insurance Act is grounds for suspension or revocation.
302.13Being convicted of a violation of the No-Fault Insurance Act is grounds for suspension or revocation.
302.2Not being physically or mentally qualified to operate a motor vehicle in a manner which will not jeopardize the safety of persons or property, in the opinion of the Director, is grounds for suspension or revocation.
302.3Operating a motor vehicle at a speed in excess of thirty (30) miles per hour above the authorized speed limit is grounds for suspension or revocation.
302.4Commitment by a driver of a traffic violation resulting in an accident for which, by order of the Superior Court of the District of Columbia, collateral of fifty dollars ($50.00) or more, or a bond in any amount, is required is grounds for suspension or revocation.
302.5Operating a motor vehicle while under the influence of intoxicating liquor or drug(s), or while physically or mentally unqualified to operate a motor vehicle by reason of diabetic coma, or epileptic or other seizure, is grounds for suspension or revocation.
302.6Having been convicted or found civilly liable pursuant to the District of Columbia Traffic Adjudication Act with such frequency of offenses against traffic regulations of the District of Columbia and elsewhere as to indicate a disrespect for traffic laws and a disregard for the safety of other persons or property, such fact being established by the point system described in §303 of this chapter, is grounds for suspension or revocation.
302.7Having committed an offense for which mandatory revocation is required under §301.1 is grounds for suspension or revocation.
302.8Having been convicted or found civilly liable for a pattern of traffic offenses or infractions over a one (1) year period which indicates a disregard for the safety of other persons or property is grounds for suspension or revocation.
302.9Failure to appear at a hearing for the administrative adjudication of a traffic infraction pursuant to the District of Columbia Traffic Adjudication Act is grounds for suspension or revocation.
SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR §305(a) Special Edition; as amended by §105 of the District of Columbia Motor Vehicle Act, D.C. Law 1-133, 23 DCR 6770, 6721 (February 25,1977); by §604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275,1321 (August 11,1978); and by Final Rulemaking published at 30 DCR 4757 (September 16,1983).

303 ESTABLISHMENT OF A POINT SYSTEM

303.1(Continued)
  1. Conviction for any homicide or assault committed by means of an automobile 12 points
    1. Operating in violation of a restriction 2 points
    2. Violations not listed in this schedule which did not contribute to an accident 2 points
    3. Operating a motor vehicle while the person's blood contains ten one-hundredths of one percent (0.10%) or more, by weight, of alcohol, or while the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor 12 points
    4. Violations contributing to an accident 3 points
    5. Any felony involving use of an automobile 12 points
    6. Speeding 4 points
    7. Failure to pull to curb for authorized emergency vehicle (§2210.1) 6 points
    8. Failure to report an accident 5 points
    9. Failure to yield right-of-way to authorized emergency vehicle (§2210.1) 6 points
      1. Failure to give the right of way to a pedestrian 5 points
        1. Operating a motor vehicle while the person's blood, breath, or urine contains any measurable amount of alcohol, if the person is under twenty-one (21) years of age 12 points
        2. Leaving after colliding: No personal injury 8 points With personal injury 12 points
        3. Reckless driving 12 points
        4. Operating without a District of Columbia permit prior to restoration of operating privileges which have been suspended 12 points
        5. Using permit of another 12 points
        6. Operating after suspension or revocation 12 points
303.10The Director is authorized to make changes in the point system when in his or her discretion it is desirable to do so; Provided, that, in addition to other notice required by law, he or she gives at least thirty (30) days advance notice to the public via newspapers of general circulation and other media.
303.11Traffic offenses in other jurisdictions by holders of District permits which are certified to the Department shall be listed as the offense most nearly meeting the description of an offense listed in the Traffic Violation Code Index.
303.12Points shall be assessed in accordance with the current point system schedule.
303.13The licensee may, within five (5) days after being sent a warning letter, file a petition for a hearing at which the Examiner shall consider any evidence presented by the petitioner tending to show the act committed in the other jurisdiction on its facts would have been considered a different offense if committed in the District.
303.14If, in the opinion of the Examiner, the petitioner's contention is justified, the Examiner shall adjust the offense to reflect an offense by proper description under the Code Index, and shall, where applicable, adjust any points assigned previously to the licensee's driver record. The adjustment shall be reported to the Data Processing Division of the Department for inclusion in the record of the licensee.
303.2The Traffic Violation Code Index, published as Safety Leaflet No.12, is the official listing of offenses and infractions following the conviction or determination of liability for which points shall be assigned to the driver record of the person convicted or found liable in accordance with the Point System Schedule set forth in this section.
303.3In the event the number of points accumulated by any person reaches a total of eight (8) points, the Director may order suspension of his or her license and when a total of twelve (12) points has been accumulated, the Director may order revocation of the license.
303.4The Director may issue a warning letter for the first violation, unless the points for the violation total four (4) or more. If the number of points assessed for the first violation or for more than one violation totals four (4) or more but less than eight (8), an invitation to attend the Driver Safety Clinic may be issued.
303.5No person shall have his or her license revoked or suspended under this section if the ground(s) on which the suspension or revocation is(are) based has(have) been the subject of a trial and judgment by the Superior Court of the District of Columbia and the verdict was in favor of that person.
303.6Points assessed against a person under the provisions of this section shall be deleted after the lapse of three (3) years from the date of conviction or determination of liability for which the points were assessed. District of Columbia Municipal Regulations Title 18
303.7In traffic cases turned over to military authorities, points will be assessed immediately upon notification to the Director that the military authorities have taken disciplinary action as the result of the arrest of service personnel for moving violations.
303.8In any case involving a person under eighteen (18) years of age, points may be assessed in the discretion of the Director.
303.9Upon receipt of evidence of an adjudication by the Juvenile Branch of the Superior Court of the District of Columbia (or any other court having jurisdiction of a case involving a juvenile) that any person under the age of eighteen (18) years has committed an offense or where the person has made no denial of the charge to the Juvenile Bureau of the Metropolitan Police Department, or upon receipt of evidence that any person under the age of eighteen (18) years of age has been civilly determined to have committed an infraction, the driver record of that person shall be assigned points as provided in the Point System Schedule, except that no points shall be assessed for the first offense or infraction when, by order of the Metropolitan Police Department, the first offender has attended and satisfactorily completed Traffic School.
SOURCE: Regulation No. 72-13 effective June 30,1972, 32 DCRR § 2.305 (b), (c), 2.701 - 2.704, Special Edition; as amended by §105 of the District of Columbia Motor Vehicle Act, D.C. Law 1-133,23 DCR 6720, 6721 (February 25,1977); by §602 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275,1325 (August 1,1978); by §10 of the Anti-Drunk Driving Act of 1982, D.C. Law 4-145, 29 DCR 3138, 3148 (July 23,1982); by Final Rulemaking published at 35 DCR 7955 (November 4,1988); and by §13 of the Technical Amendments of 1995, D.C. Act 11-32, 42 DCR 1547, 1550 (March 31, 1995).

304 SUSPENSION FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS

304.1The Director is authorized to suspend the operator's license of any resident of the District of Columbia who, having been arrested for a moving traffic violation in the District and, having been permitted to receive a traffic violation notice in lieu of being required to post collateral or bond to secure appearance for trial, failed to comply with the terms of the traffic violation notice.
304.2The Director may suspend the license of any resident of the District who, having been arrested for a traffic violation in another jurisdiction and, under the terms of an agreement between the District and another jurisdiction, is permitted to receive a citation in place of being required to post collateral or bond to secure appearance for trial, and having signed an agreement that he or she shall comply with the terms of a citation served upon him or her at the time of arrest to appear for trial, to post bond or collateral or to pay a fine, has failed to comply with the terms of the agreement.
304.3The suspension shall remain in effect until such person shall furnish evidence satisfactory to the Director that he or she has fully complied with the terms of the citation or traffic violation notice which was the basis for the suspension order.
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §2.306, Special Edition.

305 LOSS OFALL OPERATING PRIVILEGES AND SURRENDER OF LICENSE

305.1No person shall drive a motor vehicle on any public highway in the District at any time when his or her privilege to do so is suspended or revoked.
305.2Any resident or non-resident whose driver's license or privilege to operate a motor vehicle in the District has been revoked or suspended shall not operate a motor vehicle in the District under a license or permit issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained or the non-resident privilege is restored according to the provisions of this chapter.
305.3The Director upon canceling, suspending or revoking a license shall require that the license shall be surrendered to and retained by the Department.
305.4Any person whose license has been canceled, suspended, or revoked shall immediately return the license to the Department.
305.5The Director, upon receiving record of the conviction of any person of a violation of §305.1, may extend the period of suspension or revocation for an additional period of the same length.
305.6Whenever the license or privilege of a nonresident is suspended or revoked, notice of the suspension or revocation shall be forwarded to the licensing authority of the jurisdiction of the non-resident. For purposes of this subsection, a non-resident shall include any person holding a license from another jurisdiction.
SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR §§2.3'I1, 2.312, 2.403, 2.706, Special Edition.

306 PERIOD OF SUSPENSION OR REVOCATION

306.1The suspension shall be from two (2) to ninety (90) days, at the discretion of the Director, based upon the seriousness of the case.
306.2The period of suspension for a person whose license or privilege has been suspended for failure to appear at a hearing for the administrative adjudication of a traffic infraction or for failure to pay a civil fine and any penalties or attend traffic school pursuant to the District of Columbia Traffic Adjudication Act shall terminate only upon the payment of such fines and penalties or the successful completion of traffic school.
306.3At the end of a period of suspension a license surrendered to the Director shall be returned to the licensee, subject to the payment of the reinstatement fee.
306.4The initial revocation period under the discretionary authority of the Department shall be for six (6) months. The period of revocation for subsequent offenses shall be established in the discretion of the Director, but shall be for definite amounts of time.
306.5The initial period of revocation following conviction of an offense for which revocation is made mandatory by law, pursuant to §301 of this chapter, shall be six (6) months. The period of revocation shall be one (1) year following a second offense, and two (2) years following a third or subsequent offense(s).
306.6Unless a minimum period has been established in an individual case involving a person's physical or mental qualifications to drive, each person whose license has been revoked shall be eligible to apply for restoration of privileges at the expiration of the period for which the privileges have been revoked.
306.7The Director shall not issue a new license to a resident or restore the operating privilege of any nonresident whose license has been revoked unless and until he or she is satisfied, after investigation of the driving ability of that person, that it will be safe to grant the privilege of driving a motor vehicle.
306.8In cases where a person's license has been revoked for operating a vehicle while the person's blood contains ten one-hundredths of one percent (0.10%) or more, by weight, of alcohol, or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor, the Director shall investigate the alcohol and drug consumption habits of that person,in addition to driving ability, prior to the reissuance or restoration of the license.
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §2.309, 2.310, Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974; by §105 of the D.C. Motor Vehicle Act, D.C. Law 1-133,23 DCR 6720, 6721 (February 25, 1977); and by §10 of the Anti-Drunk Driving Act of 1982, D.C. Law 4-145,29 DCR 3138, 3148 (July 23, 1982).

307 NOTICE OF SUSPENSION OR REVOCATION

307.1Whenever the Director, acting under this chapter, proposes to revoke the license of any person as a consequence of a conviction for a traffic offense for which mandatory revocation is required, an order of revocation shall be prepared setting forth the proposed action and the grounds therefor in sufficient detail to permit the person to understand fully the nature of the order and the reasons for the order and shall include complete information on the manner in which that person may seek restoration of the license.
307.2Whenever the Director, acting under this chapter, proposes to revoke or suspend the license of any person for any reason which does not require a revocation, a notice of proposed suspension or revocation shall be prepared setting forth the proposed action and the grounds for the proposed action in sufficient detail to permit that person to understand fully the nature of the proposed action and the reasons for the proposed action.
307.3The notice shall notify the person that the order shall take effect within five (5) days (ten (10) days if the person is a non-resident) unless that person shall have filed a written petition with the Director for a hearing in which the Director must prove sufficient grounds for the proposed action. The demand shall be filed in the manner prescribed in chapter 10.
307.4Any notice or order served under the authority of the rules of this chapter shall be deemed to be properly served upon the person to whom such notice is directed if a copy of the notice is served upon him personally, or if a copy of the notice is mailed postage prepaid to the last known address of the person to be notified and that copy is not returned by the Post Office authorities.
307.5For the purpose of these regulations, with respect to any person licensed by the District to operate a motor vehicle or whose motor vehicle is registered in the District, the term "last known address"shall mean the most recent address shown on the records of the Department.
307.6Proof of service of any notice or order in the manner specified by this section shall be made by the certificate or affidavit of any officer or employee of the District, naming the person on whom the notice or order was served and specifying the time, place, and manner of service.
SOURCE: Regulation No. 72-13 effective June 30,1972,32 DCRR §2.313,2.314, Special Edition; as amended by §105 of the District of Columbia Motor Vehicle Act, DC Law 1-133, 23 DCR 6720, 6721 (February 25,1977)

308 SERVICE OF SUSPENSIONS OR REVOCATION NOTICES FOLLOWING ARREST

308.1Whenever any person has been arrested for a traffic violation or cited for a traffic infraction involving any of the situations listed in §301 or §302 of this chapter, the police officer shall make a report to and the arrested or cited person shall be interviewed by an official of the Metropolitan Police Department who shall serve on that person a notice of proposed suspension or revocation on a form provided by the Director suspending or revoking the license of that person. U
308.2The notice of proposed suspension or revocation shall comply with the provisions of §307 of this chapter, and shall be dated and signed by the police official who shall indicate on the notice the reason for the service of the notice of proposed action.
308.3The police official shall forthwith deliver to a precinct station clerk a copy of the notice of proposed action and the officer's statement of the offense or infraction believed committed.
308.4The police official shall, at the time of service of the notice of proposed suspension or revocation, notify by telephone the Director of the action taken.
308.5If the physical or mental condition of a person arrested or cited is such that, in the opinion of an attending physician, that person is incapable of receiving service of a notice of proposed suspension or revocation or of understanding the meaning of the notice, the police official shall prepare a report on the condition of the person and shall deliver the report to a precinct station clerk.
308.6Within twenty-four (24) hours from the time a copy of the notice of proposed suspension or revocation, or a report showing that the person arrested or cited was incapable of being served with notice, is received by a precinct station clerk, the commanding officer of the precinct shall forward or cause to be forwarded to the Director a copy of the notice or report, whichever is applicable.
308.7The police official who serves a notice of proposed suspension or revocation on a person arrested or cited under this section shall place a stamped notation on the face of any license issued by the District to and in the possession of that person indicating that the notice has been served.
308.8No person so served shall refuse to allow an official at the time of service of the notice to stamp on his or her license the notation required in §308.7.
308.9A person refusing to allow the notation on his or her license shall, on determination of liability for such refusal, be subject to a civil fine or other sanction pursuant to the District of Columbia Traffic Adjudication Act.
SOURCE: Regulation No. 72-13 effective June 30,1972, 32 DCRR §2.315, Special Edition; as amended by §105 of the D.C. Motor Vehicle Act, D.C. Law 1-133, 23 DCR 6720,6721 (February 25. 1977); and by §604 of the District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2-104, 25 DCR 1275, 1323 (August11, 1978).

309 HEARINGS ON PROPOSED SUSPENSIONS AND REVOCATIONS

309.1A person whose license has been proposed to be revoked or suspended by the Director under the Director's discretionary authority may petition for a hearing subject to the provisions of chapter 10.
309.10Upon receipt of satisfactory evidence of a violation of any of the terms or conditions of probation or other limitations imposed upon a licensee, the Director may order the suspension or revocation of the privilege to operate a motor vehicle for the remaining portion of the original suspension or revocation for such additional period as he or she deems appropriate.
309.2Based on the findings of the hearing, the Director shall render a decision on the proposed action.
309.3The Director may dismiss the action; order that the proposed action be taken; direct that probation be granted to the petitioner and fix the terms and conditions of the probation; allow a limited license, or suspend where a revocation was proposed, if, in his or her judgment, the driving record, the general good character of the licensee, and the need for such license is such that the safety of the public will not be impaired and that the license is otherwise justified.
309.4In the event a limited license is granted, the limits with respect to the period of revocation or suspension in §306 of this chapter need not apply, at the discretion of the Director.
309.5The Director shall give special consideration to the grant of a limited license to those persons whose livelihood entails driving.
309.6Whenever the Director directs that probation be granted to the petitioner, he or she may, in place of suspension or revocation, place the person on probation, the terms of which may include a period of suspension as a condition of probation, and may issue a probationary license with such reasonable terms, conditions, and limitations deemed appropriate by the Director.
309.7The Director may terminate or modify the terms or conditions of any order of probation whenever good cause appear therefor.
309.8The Director may modify a suspension or revocation by allowing a limited license with such reasonable conditions, and limitations as he or she may deem appropriate, including but not limited to, operation of particular vehicles, particular classes of operation, hours of operation, or limited areas and routes of travel.
309.9Probationary licenses and licenses limited to particular operations of motor vehicles shall be noted as restrictions described in §107 of chapter 1 of this title. The holders of the licenses shall be subject to any penalties prescribed in this title for the violation of the restriction(s).
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §2.316, Special Edition; as amended by §105 of the D.C. Motor Vehicle Act, D.C. Law 1-133,23 DCR 6720, 6721 (February 25, 1977).

310 LIMITED OCCUPATIONAL LICENSES

310.1A suspension or revocation order may be modified to allow the issuance or retention of a driver's license or privilege on a limited basis if, after a hearing, in accordance with the provisions of chapter 10, it is determined 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.
310.2In 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.
310.3In 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.
310.4To establish the general good character of the applicant, the examiner may require letters of recommendation from responsible businessmen, the employer of the applicant, law enforcement officers, judicial officials, or others deemed advisable by the examiner.
310.5If the applicant operates a commercial vehicle as a livelihood, the examiner shall require a written request from the applicant's employer that the license be issued.
310.6When 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.
310.7No occupational license shall be issued to the following:
  1. Applicants whose licenses are revoked for an offense for which revocation is made mandatory by law;
  2. Applicants whose licenses are revoked for physical or mental reasons; or
  3. Applicants whose licenses are revoked as a result of a conviction for operating after suspension or revocation.
310.8A 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.
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR §2.708, Special Edition.