Snow Emergency Fine Increase Resolution of 1998
PR 12-998

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A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following resolution, which was referred to the Committee on Public Works and the Environment.

To approve a proposed rule to amend the Traffic Regulations of the District of Columbia relating to the stopping, standing or parking of motor vehicles.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Snow Emergency Fine Increase Resolution of 1998".

Sec. 2. Pursuant to section 109 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Code §40-605), the Council approves the proposed rule, transmitted to the Council by the Mayor on _____, which would amend Title 18 ("Vehicles and Traffic") of the District of Columbia Municipal Regulations, sections 2600.1 and 2601 1, to increase fines for violations of snow emergency rules.

Sec. 3. A copy of this resolution shall be transmitted to the Mayor and the Director of the Department of Public Works.

Sec. 4. This resolution shall take effect immediately upon the first date of publication in either the District of Columbia Register, the District of Columbia Statutes at Large, or in the District of Columbia Municipal Regulations.

DEPARTMENT OF PUBLIC WORKS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
DOCKET NO. 97-54-PE

The Director of the Department of Public Works, pursuant to the authority of Sections IV(A) and V of Reorganization Plan No. 4 of 1983, 30 DCR 6428 (December 16, 1983), effective March 2, 1984, and Mayor's Order 84-55, 31 DCR 1323 (March 16, 1984), Mayor's Order 79-32, 25 DCR 8218 (March 2, 1979); The District of Columbia Traffic Adjudication Act of 1978 (D.C. Law 2-104; D.C. Code, sees. 40-601 and sees. 40-703 et. seq. (1986 Repl.)), hereby gives notice of the adoption of the following emergency rulemaking which amends Chapter 26 of the Vehicle and Traffic Regulations (18 DCMR). This amendment will result in increased fines for snow emergency related violations.

During fiscal year 1996, the Department of Public Works issued 13,222 snow emergency related parking tickets. These violations confirm that the present civil fine of $100 for violating snow emergency regulations is not a significant deterrent for motorists during snow emergency situations. The illegal parking of vehicles on a snow emergency route during adverse conditions interferes with the application of abrasives, disrupts traffic patterns including metro bus routing and ultimately results in many hazardous traffic situations. Since the snow season is upon us and the predictions for this winter are severe, emergency rulemaking action is needed to minimize prospective danger to the public. This increase should serve as a deterrent to traditional snow emergency violators and enhance the city's ability to effectively orchestrate the essential snow operation. To pursue normal rulemaking procedure would involve delays which would not be in the best interest of the public welfare.

This emergency action is being taken to provide for the immediate preservation of the public health, safety and welfare. This emergency rule was adopted on November 19, 1997 and became effective on that date.

The Director also gives notice of his intent to take final rulemaking action to adopt these rules in not less than forty-five (45) days from the date of publication of this notice in the D.C. Register. This rulemaking is subject to review by the Council of the District of Columbia pursuant to sec. 2 of D.C. Law 7-219, supra. '

The emergency rule will expire on March 19. 1998 or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

A. Title 18 DCMR, Section 2600, CIVIL FINES FOR MOTOR VEHICLE MOVING INFRACTIONS, Subsection 2600.1, is amended by deleting the following:

Snow Tires or Chains
Operating without effective [2219.1] $100 00

Snow Emergency Regulation; violation of [2219] $100.00

and inserting the following in lieu thereof:

Snow Tires or Chains
Operating without effective [2219.1] $250.00

Snow Emergency Regulation; violation of [2219] $250.00

B. Title 18 DCMR, Section 2601, PARKING AND OTHER NON-MOVING INFRACTIONS, Subsection 2601.1, is amended by deleting the following:

Snow Emergency Route, on during prohibited period [2417.21] $100.00

and inserting the following in lieu thereof:

Snow Emergency Route, on during prohibited period [2417.2] $250.00

All persons interested in commenting on this proposed rulemaking action may file comments, in writing, with: D.C. Department of Public Works, Transportation Systems Administration, 65 K Street, N.E., Washington, D.C. 20002. (Attention: CW-Neighborhood Services Branch Docket No. 97- 54PE). Comments must be received not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Copies of this proposal may be obtained, at cost, by writing to the above address.