Chapter 317. To amend the Acts approved March 3, 1925, and July 3, 1926, known as the District of Columbia Traffic Acts, and so forth
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CHAP. 317.— An Act To amend the Acts approved March 3, 1925, and July 3, 1926, known as the District of Columbia Traffic Acts, and so forth. February 27, 1931.[[H. R. 14922](/us/bill/71/hr/14922).][[Public, No. 742](/us/pl/71/742).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia Traffic Act, amendments.Vol. 43, p. 1119.Vol. 44, p. 812. That the Act of Congress approved March 3, 1925, known as the District of Columbia Traffic Act, 1925, and the Act of Congress approved July 3, 1926, entitled “An Act to amend the Act known as the District of Columbia Traffic Act,” be, and the same are hereby, amended as follows: 1.
Matter repealed. That paragraph
(f)of section 2 of such Act of March 3, 1925, as amended, be, and the same is, repealed, and the letters designating paragraphs (g), (h), (i), (j), (k), and
(l)be changed to (f), (g), (h), (i), (j), and (k), respectively. 2. Phraseology substituted. That such Acts be, and the same are hereby, amended so that wherever the word “director” appears in such Acts said word “director” shall be stricken and in lieu thereof the words “commissioners or their designated agent” shall be substituted. 3. Title amended. That section 6 of said Acts be, and the same is hereby, amended so that the title thereof shall read “Regulation of Traffic.” 4. That sections 6, 9, 10, and 13a of such Acts be, and the same are hereby, amended to read as follows: " “Sec. 6. Commissioners empowered to make, etc., traffic rules and regulations, etc.
(a)The Commissioners of the District of Columbia are hereby authorized and empowered to make, modify, repeal, and enforce usual and reasonable traffic rules and regulations relating to vehicles, and rules and regulations concerning the control of traffic, the registration of motor vehicles, and the issuance and 1425revocation of operators’ permits; and to exercise any power or Office of director of traffic abolished.perform any duty imposed on the director of traffic, which office is hereby abolished; and in the administration of the above powers and authority the commissioners may exercise the same through such officers or agents of the District as the commissioners may designate: *Provided*, That no member of the Metropolitan Police *Proviso.*Power of Metropolitan Police limited to enforcement.Department may be empowered to perform any function under this Act other than in the enforcement thereof. “(b) There is hereby established in the government of the District Department of vehicles and traffic.Established; powers.of Columbia a department of vehicles and traffic, which, under the direction of the commissioners, shall have charge of the issuance and revocation of operators’ permits, the registration and titling of motor vehicles, the making of traffic studies and plans, the installation and maintenance of traffic signs, signals, and markers, and of such other matters as may be determined by the commissioners. The commissioners shall appoint a director of vehicles and traffic, Appointment of director; personnel.who shall be in charge of said department, and such other personnel as they may deem necessary to perform the duties thereof and as may be appropriated for by Congress. The salaries of such director Salaries.of vehicles and traffic and other personnel shall be fixed in accordance with the Classification Act of 1923. The director of vehicles Removal.and traffic shall be responsible directly to the commissioners for the faithful performance of his duties and shall be subject to removal by the commissioners for cause. “(c) The Commissioners of the District of Columbia are hereby Regulations for operating, etc., motor vehicles to be made.authorized and empowered to make, modify, and enforce reasonable regulations in respect to brakes, horns, lights, mufflers, and other equipment, the inspection of the same; the registering, reregistering, titling, retitling, transferring of titles, and revocation of the certificate of title to motor vehicles and trailers: *Provided*, That hereafter, *Proviso.*Issue of Congressional tags.congressional tags shall be issued by the commissioners under consecutive numbers, one to each Senator and Representative in Congress for their official use, which when used by them individually while on Privileges.official business, shall authorize them to park their automobiles in any available curb space in the District of Columbia, except within fire plug, fire house, loading station, and loading platform limitations, and such congressional tags shall not be assigned to or used by others. “(d) The commissioners shall cause to be levied, collected, and Titling motor vehicles; fees.paid such fees for titling and retitling as they deem necessary, not to exceed the sum of $1 for each such titling or retitling, and they shall not after the 1st day of January, 1932, register or renew the registration Registration.of any motor vehicle or trailer unless and until the owner thereof shall make application in the form prescribed by the commissioners, under oath, and be granted an official certificate of title for such vehicle. No registration or other fee shall be charged to vehicles Vehicles exempt from fee charges.owned by the Federal or District Government, or any duly accredited representative of a foreign government. The owner of a Certificate of title.Operating vehicle without, prohibited.motor vehicle or trailer registered in the District of Columbia shall not after the 1st day of January, 1932, operate or permit or cause to be operated any such vehicle upon any public highway in the District without firat obtaining a certificate of title therefor, nor shall any individual knowingly permit any certificate of title to be obtained in his name for any vehicle not in fact owned by him, and any individual violating any provision of this subsection or any regulations Penalty for violation.promulgated thereunder shall be fined not more than $1,000 or imprisoned not more than one year, or both. If the properly designated Refusal to issue certificate.agent of the commissioners shall determine that an applicant for a certificate of title is not entitled thereto, such certificate of title may be refused, and in that event unless such determination is 1426reversed upon written application to the commissioners by the individual Right of appeal.affected, such individual shall be entitled to proceed further *Post*, 1428.as provided under section 13
(a)of the Traffic Acts for the District, and jurisdiction is hereby conferred upon the Court of Appeals of *Proviso.*Hearing.the district for this purpose: *Provided*, That reasonable time for hearing be given the applicant in the first instance. “(e) Delegation of authority. The commissioners may in the administration of this section, or any provision of the Traffic Acts for the District, exercise any power or perform any duty conferred on them by this Act and the Traffic Acts through such officers and agents of the District as the Rules and regulations governing traillo movement, etc., authorized.commissioners may designate. The commissioners are further authorized and empowered to make, modify, repeal, and enforce reasonable rules and regulations in respect to the movement of traffic, speed, length, weight, height, width, routing, and parking of vehicles, *Proviso.*Parking areas for Members of Congress.and the establishment and location of hack stands: *Provided*, That the commissioners shall establish and locate parking areas in the vicinity of governmental establishments for use only by Members of Congress and governmental officials when on official business: *Provided further*, Regulating routes, equipment, etc., of common carriers.That as to all common carriers by vehicle which enter, operate in, or leave the District of Columbia, the power to route such vehicles within the District of Columbia, to regulate their equipment other than that specifically named elsewhere in this Act, to regulate their schedules and their loading and unloading, to locate their stops, and all platforms and loading zones and to require the appropriate marking thereof, is vested in the Public Utilities Commission of the Orders, etc., referred to joint board.District of Columbia: *Provided further*, That whenever any order, rule, or regulation of the Public Utilities Commission shall be made relative to the routing of common carrier vehicles, to the location of their stops, to the establishment or change in location of platforms, loading zones, or other spaces on the public highway to be reserved for any purpose whatsoever, or to the appropriate marking thereof, or whenever any order, rule, or regulation of the District Commissioners shall be made which affects such routing, stops, platforms, zones, or spaces, said order, rule, or regulation shall, prior to promulgation, Composition.be referred to a joint board to be composed of the Commissioners of the District of Columbia and the members of the Public Adoption and force of orders.Utilities Commission, which is hereby authorized and created. Such joint board may, by the affirmative action of any three members thereof, adopt rules and regulations which, when promulgated, shall be binding and shall have the full force and effect of law, and the Chairman.Changes in rules, etc., authorized.engineer commissioner shall be the chairman of such joint board, and shall have but one vote. Any of said rules and regulations hereafter promulgated, after reasonable trial and within a reasonable time, may be changed by the joint board upon the request of the Com-missioners of the District of Columbia or of the Public Utilities Commission. “(f) Arterial and boulevard highways. The commissioners may establish and designate arterial and Traffic lights.boulevard highways, regulate the speed of vehicles thereon, and provide for the equipment of any street, road, or highway, with control lights and/or other devices for the regulation of traffic, and Vol. 43, p. 11211 repealed.make such other regulations with respect to the control of traffic as are deemed advisable; and section 14 of said Traffic Acts is hereby repealed. “(g) Penalties for violation of rules, etc. The District Commissioners are authorized to prescribe within the limitations of these Acts reasonable penalties of fine, or imprisonments not to exceed ten days in lieu of or in addition to any Rules, not inconsistent, to remain in force.fine, for the violation of any rule or regulation promulgated under the authority of these Acts not otherwise herein provided for. All traffic, motor vehicle, and vehicle regulations not inconsistent here1427with heretofore adopted and promulgated are continued and shall remain in full force and effect until amended, altered, or revoked. “(h) All regulations promulgated under the authority of the Publication of regulations.Traffic Acts and this Act, except those made by the Public Utilities Commission under powers given it by the Act of March 4, 1913, and these Acts, shall, when adopted, be printed in one or more of the daily newspapers published in the District, and no penalty shall be Effective date.enforced for any violation of any such regulation which occurs within ten days after such publication, except that whenever the Exception.Commissioners of the District of Columbia deem it advisable to make effective immediately any regulation relating to parking, diverting of vehicular traffic, or the closing of streets to such traffic, the regulation shall be effective immediately upon placing at the point where it is to be in force conspicuous signs containing a notice Signs on highways, without proper authority, prohibited.of the regulation. The placing at or upon the public highway of any sign relating to parking or regulation of traffic, except by the authority of the Commissioners of the District of Columbia or their designated agent, or of the joint board, is prohibited: *Provided*, *Proviso.*Not applicable, unless to reserve space.That this restriction shall not apply to any such signs which do not purport to reserve space on the public highways and which the Public Utilities Commission may authorize under the provisions of this Act. “(i) All prosecutions for violations of provisions of the Traffic Prosecutions for violations.Acts, excepting section 11 thereof, and this Act or regulations made and promulgated under the authority of said Acts shall be in the police court of the District of Columbia upon information filed by the corporation counsel of the District of Columbia or any of his assistants. “speeding and reckless driving “Sec. 9.
(a)No vehicle shall be operated at a greater rate of Speed limit.speed than permitted by the regulations adopted under the authority of this Act. “(b) Any person who drives any vehicle upon a highway carelessly Reckless driving.and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving. “(c) Any individual violating any provision of this section where Penalty for first offense.the offense constitutes reckless driving shall upon conviction for the first offense be fined not more than $100 or imprisoned not more than thirty days; and upon conviction for the second or any subsequent Second, and subsequent.offense committed within two years from the date of any such previous offense such individual shall be fined not more than $1,000 or imprisoned not more than one year, or both. “(d) Any individual violating any provision of this section, except Penalties for other violationswhere the offense constitutes reckless driving, shall upon conviction for the first offense be fined not more than $25; upon conviction for a second offense committed within one year from the date of conviction of the first offense such individual shall be fined not more than $100; and upon conviction for the third or any subsequent offense committed within one year from the date of conviction of the first offense such individual shall be fined not more than $300 or be imprisoned not more than ninety days, or both. “fleeing from scene of accident under the influence of liquor of drugs “Sec. 10.
(a)Any person operating a motor vehicle, who shall Report of accident.injure any person therewith, or who shall do substantial damage to property therewith and fail to stop and give assistance, together 1428with his name, place of residence, including street and number, and the name and address of the owner of the motor vehicle so operated, to the person so injured, or to the owner of such property so damaged, or to the operator of such other motor vehicle, or to any bystander who shall request such information on behalf of the injured person, or, if such owner or operator is not present, then he shall report the information above required to a police station or to any police officer At police station if personal injury.within the District immediately. In all cases of accidents resulting in injury to any person, the operator of the motor vehicle causing such injury shall also report the same to any police station or police officer within the District immediately. Penalties for failure to report.If damages to the person.“Any operator whose motor vehicle causes personal injury to an individual and who fails to conform to the above requirements shall, upon conviction of the first offense, be fined not more than $500, or shall be imprisoned not more than six months, or both; and upon the conviction of his second or subsequent offense, shall be fined not more than $1,000, or shall be imprisoned not more than one year, or both. To property.“Any operator whose motor vehicle causes substantial damage to any other vehicle or property and fails to conform to the above requirements, shall, upon conviction of the first offense, be fined not more than $100, or be imprisoned not more than thirty days, or both; and for the second or any subsequent offense, be fined not more than $300, or be imprisoned not more than ninety days, or both. “(b) Operating vehicle while intoxicated, etc., prohibited.Penalty for violations. No individual shall, while under the influence of any intoxicating liquor or narcotic drug, operate any motor vehicle in the District. Any individual violating any provision of this subdivision shall upon conviction for the first offense be fined not more than $500 or imprisoned not more than six months, or both; and upon conviction for the second or any subsequent offense be fined not more Revocation of permits.than $1,000 or imprisoned not more than one year, or both. Upon conviction of a violation of any provision of this paragraph the clerk of the court shall certify forthwith such conviction to the designated agent of the commissioners who shall thereupon revoke the operator’s permit of such individual. “(c) Continuation of prior prosecutions. Any violation of any provision of law or regulation issued thereunder which is repealed or amended by this Act, and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal or amendment, be prosecuted to the same extent as if this Act had not been enacted. “revocation or suspension of operators’ permits “13. Authority for revocation of permits.
(a)Except where for any violation of this Act revocation of the operator’s permit is mandatory, the commissioners or their designated agent may with or without a prior hearing revoke or suspend an operator’s permit for any cause which they or their agent may *Provisos.*Reasons to be stated.deem sufficient: *Provided*, That in each case where a permit is revoked or suspended the reasons therefor shall be set out in the order of revocation or suspension: *Provided further*, That such order Effective date.shall take effect five days after its issuance unless the holder of the permit shall have filed within such period, written application with the Commissioners of the District of Columbia for a review of their order or the order of their agent, and, if upon such review, the commissioners shall sustain such order, the same shall become effective Application for review.immediately: *Provided further*, That application to said commissioners for a review shall not operate as a stay of such order of the commissioners or their agent when the order has been issued revoking or suspending a permit on account of mental or physical incapacity, for driving under the influence of liquor or narcotic drugs; for manslaughter when an automobile is involved, or for operating 1429a motor vehicle equipped with a smoke screen: *Provided further*, For writ of error.That any individual whose permit shall be denied, suspended, or revoked by the commissioners or their agent may, within thirty days after such denial, revocation, or suspension is ordered, if application for a review by the commissioners of an order for revocation or suspension has not been filed, or in case such application has been filed, within thirty days after decision of the commissioners, apply to any justice of the Court of Appeals of the District of Columbia for a writ of error to review the order of the commissioners or their agent complained of or the decision of the commissioners. Said court is Court to make rules.authorized to promulgate rules governing the application for the writ, and the record and proceedings thereon, and to affirm, modify, or reverse the order of the commissioners or their agent or the decision of the commissioners, where the writ is allowed pursuant hereto; and the decision of said court shall be final: *And provided further*, Application not to act as stay of order.That the application to said court for a writ of error shall not operate as a stay of such order of the commissioners or their agent or the decision of the commissioners.” " 5. All convictions under this Act shall be reported by the clerk Convictions to be reported.of the court to the commissioners or their designated agent. 6. This Act shall take effect July 1, 1931.Effective date. Approved, February 27, 1931.