§ 31-2413 — Penalties; adjudications.

(a) A person is guilty of an offense if that person:

(1) Makes any false material statement with respect to his or her compliance with the obligation to maintain required insurance;

(2) Is the owner of a motor vehicle that is required to be registered or obtain a reciprocity sticker in the District and required insurance is not in effect with respect to that motor vehicle;

(3) Is the owner of a motor vehicle and operates or permits that motor vehicle to be operated in the District without required insurance being in effect with respect to that motor vehicle;

(4) Repealed.

(5) Operates a motor vehicle as to which the certificate of registration or reciprocity sticker has been suspended pursuant to § 31-2403(d)(2) ;

(6) Fails or refuses to return or give a registration certificate, reciprocity sticker, or tags to the Department, an authorized agent of the Department, or to a law-enforcement officer;

(7) Fails or refuses to present an Insurance Identification Card, its equivalent in another state, or other evidence establishing that required insurance is in effect with respect to a motor vehicle operated by that person upon demand by a law-enforcement officer; or

(8) Violates any other provision of this chapter.

(a-1) A violation of subsection (a)(7) of this section shall create a rebuttable presumption of a violation of subsection (a)(3) of this section.

(1) For the purposes of subsection (a)(7) of this section, the term "Insurance Identification Card" includes an electronic image of an Insurance Identification Card that is displayed on a cellular telephone or other portable electronic device.

(A) The presentation of an electronic image of an Insurance Identification Card on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.

(B) A law enforcement officer presented with an electronic image of an Insurance Identification Card on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct.

(A) A person who commits an offense under subsection (a)(3) of this section shall be subject to both the regulatory scheme established in § 31-2403(d)(2) and to a civil fine of $500, or a license suspension for up to 30 days, or both, for the first offense, and an increase of 50% of the civil fine for the second and each subsequent offense, or a license suspension for up to 60 days, or both, pursuant to §§ 50-2301.04 and 50-2301.05 .

(B) A motor vehicle owner or operator shall be permitted to contest by mail or in person the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section. For the purposes of contesting the charge, the owner or operator shall be permitted to present as evidence establishing that the required insurance was in effect with respect to the motor vehicle any of the following:

(i) An Insurance Identification Card;

(ii) An insurance policy;

(iii) Any other evidence that constitutes reasonable proof that the required insurance was in effect; or

(iv) Copies of any documents described in sub-subparagraphs (i) through (iii) of this subparagraph.

(C) Unless the hearing examiner has reasonable doubt about the veracity of the evidence presented pursuant to subparagraph (B)(i) and (ii) of this paragraph, submission of either shall be sufficient to dismiss the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section.

(A) In addition to the regulatory scheme established in § 31-2403(d)(2) for a person who commits an offense under subsection (a)(2) of this section a civil fine of $150 shall be assessed for each vehicle without the required insurance for a period of 1 to 30 days, and increasing to $7 for each day thereafter, not to exceed a total of $2,500 for each violation pursuant to § 31-2404(d)(2)(A) [sic]. All or part of any penalty may be waived by the Director upon submission or proof that the vehicle was not operated during the corresponding time period.

(B) A person shall not be subject to a fine pursuant to this paragraph if the person believed, in good faith, that the person contracted for the required insurance coverage with a company which subsequently went out of business or otherwise failed to comply with this law.

(3) A person who commits an offense under subsection (a)(7) of this section shall be subject both to the regulatory scheme established in § 31-2403(d)(2) and to a civil fine of $30.

(c) In addition to the penalties provided in subsection (b)(1) of this section, a person who commits an offense under subsection (a)(1), (5), (6), or (8) of this section shall upon conviction also be subject to imprisonment for not more than 30 days for the 1st offense, and imprisonment for not more than 90 days for the 2nd and subsequent offenses.

(d) All fines paid for violations of subsection (a) of this section shall be placed in the General Fund of the District of Columbia.

Legislative History

Sept. 18, 1982, D.C. Law 4-155, § 15, 29 DCR 3491; Mar. 10, 1983, D.C. Law 4-199, § 3, 30 DCR 119; Sept. 27, 1985, D.C. Law 6-38, § 2, 32 DCR 4307; Mar. 4, 1986, D.C. Law 6-96, § 2(m), 32 DCR 7245; Mar. 23, 1995, D.C. Law 10-253, § 103, 42 DCR 721; Sept. 26, 1995, D.C. Law 11-52, § 103, 42 DCR 3684; Apr. 27, 2001, D.C. Law 13-289, § 101(d), 48 DCR 2057; June 8, 2006, D.C. Law 16-117, § 201(c), 53 DCR 2548; Mar. 14, 2007, D.C. Law 16-279, § 204, 54 DCR 903; July 18, 2008, D.C. Law 17-197, § 10(b), 55 DCR 6277; Sept. 14, 2011, D.C. Law 19-21, § 9050(b), 58 DCR 6226