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Motor Vehicle Excessive Idling Fine Increase Amendment Act of 1999
Bill 13-58

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Councilmember Jack Evans

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend 16 DCMR 3224 and 18 DCMR 2601.2 to increase the civil infractions fine for violating the engine idling provisions of the District of Columbia Air Pollution Control Act of 1984 and the Traffic Adjudication Act of 1978 and to amend the idling restriction of 18 DCMR 2418.3 to make it comply with the District of Columbia Air Pollution Control Act of 1984.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Motor Vehicle Excessive Idling Fine Increase Amendment Act of 1999".

Sec. 2. Section 3224 of Title 16 of the District of Columbia Municipal Regulations (Consumers, Commercial Practices & Civil Infractions) (September 1997) is amended as follows:

(a) Subsection 3224.3 is amended by adding a new paragraph (aaa) to read as follows:

"(aaa) 20 DCMR §900.1 (idling the engine of a gasoline or diesel powered motor vehicle on public or private space for more than three (3) minutes except as provided for in §900.1 (a), §900.1 (b), or §900.1 (c)).".

(b) Subsection 3224.4(p) is repealed.

Sec. 3. Title 18 of the District of Columbia Municipal Regulations (Vehicles and Traffic), is amended as follows:

(a) Subsection 2418.3 is amended to read as follows:

"2418.3 No person operating or having control over the engine of a gasoline or diesel powered motor vehicle, including private passenger vehicles, on public or private space shall allow that engine to idle for more than three (3) minutes while the motor vehicle is parked, stopped, or standing, except as follows:

"(a) To operate power takeoff equipment such as, but not limited to, dumping, cement mixers, refrigeration systems, content delivery, winches, or shredders;

"(b) To operate for fifteen (15) minutes air conditioning equipment on buses with an occupancy of twelve (12) or more persons; or

"(c) To operate heating equipment when the local temperature is thirty-two degrees Fahrenheit (32.F) or below.".

(b) Subsection 2601.2 is amended by striking the phrase "Idling, excessive [§2415.3] 50.00" and inserting the phrase "Idling, excessive [§2418.3] in its place.

Sec. 4. Fiscal impact statement.

As required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)), the Council adopts the fiscal impact statement in the committee report as the fiscal impact statement for this act.

Sec. 5. Effective Date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

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