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Safe Teenage Driving Amendment Act of 1999
Bill 13-83

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Councilmember Kathy Patterson
Councilmember Sandy Allen
Councilmember Kevin Chavous
Councilmember Charlene Drew Jarvis
Councilmember Vincent Orange.
Chairman Linda W. Cropp
Councilmember Sharon Ambrose
Councilmember Jim Graham
Councilmember Phil Mendelson

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Kathy Patterson introduced the following bill, which was referred to the Committee on Public Works and the Environment

To amend the District of Columbia Traffic Act of 1925 and Chapter 1 of Title 18 of the District of Columbia Municipal Regulations; to establish a three-tiered graduated driver's license program for youths 21 years of age or less; to establish night-time driving restrictions and passenger limits for drivers 18 years of age or less; and to require certified driving experience and demonstrated safe driving habits prior to the removal of driving restrictions.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Safe Teenage Driving Amendment Act of 1999".

Sec. 2. The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1 121; D.C. Code §40-301 et seq.), is amended as follows:

(a) Subsection 7a (DC Code §40-301(a)(1)) is amended by striking the phrase "individual 16 years of age or over" and insert in its place the phrase "individual 21 years of age or over".

(b) Subsection 7a (DC Code §40-301(a)(1)) is amended by adding a new paragraph (1-a) to read as follows:

"(1-a) The Mayor, or his designated agent may, upon application and the payment of a fee of $20, issue a motor vehicle operator's permit, valid for a period not in excess of 4 years, to any applicant for a motor vehicle operator's permit who is between 18 and 21 years of age, who has held a provisional permit for a period of six months, who, after examination, in the opinion of the Mayor or his designated agent, is mentally, morally, and physically qualified to operate a motor vehicle in such manner as not to jeopardize the safety of individuals or property, provided that the applicant has completed twelve consecutive months without having been subject to conviction or civil infraction or subject to a driving permit suspension, and has not had a recorded at-fault crash, nor has been cited for a violation of the graduated driver's license restrictions or of the Mandatory Use of Seat Belts Act of 1985 (D.C. Code §40-1601 et. seq.), and has received ten hours of night-time driving experience as certified by a holder of a valid motor vehicle operator's permit and has successfully passed all parts of the examination prior to application for a motor vehicle operator's permit. The Mayor or his designated agent shall cause each applicant to be examined as to his knowledge of the traffic regulations of the District and shall require the applicant to give a practical demonstration, or produce evidence acceptable to the mayor or his designated agent, of his ability to operate a motor vehicle within a congested portion of the District. No practical demonstration shall be required for a motorized bicycle permit. Should the Mayor or his designated agent believe that the issuance or reissuance of a permit in accordance with the provisions of this chapter may prove to be a menace to public safety, he or his agent may refuse the issuance thereof. No operator's permit issued to any individual while he is under 18 years of age shall authorize the operation by such individual while he is under 18 years of any motor vehicle other than a passenger vehicle or motorcycle or motorized bicycle used solely for purposes of pleasure and not for compensation. Such permittee who is less than 18 years of age may be accompanied by family members or a maximum of one unrelated passenger provided that all occupants are wearing seat belts while operating the motor vehicle. Such permittee may not drive between the hours of midnight and 6 a.m. unless accompanied by the holder of a valid motor vehicle operator's permit who is 21 years of age or older and who is occupying a seat beside such permittee or unless driving to or from employment.".

(c) Subsection 7a (DC Code §40-301 (a)(2)) is amended by striking paragraph (2) and inserting in its place the following:

"(2) The Mayor, or his designated agent may, upon application and the payment of a fee of $15, issue a learner's permit, valid for a period of one year, to any applicant for a motor vehicle operator's permit, provided that the applicant is 16 years of age or older and has successfully passed all parts of the examination other than the driving demonstration test. Such permit shall entitle the permittee, while having such permit in his immediate possession, to operate a passenger vehicle provided that:

(A) the vehicle is used solely for the purposes of pleasure and not for compensation;

(B) such permittee does not operate a motor vehicle between the hours of 9 p.m. and 6 a.m.;

(C) such permittee is not accompanied by any passengers except the holder of a valid motor vehicle operator's permit who is 21 years of age or older and who is occupying a seat beside such permittee.". ".

(d) Subsection 7a (DC Code §40-301(a)(2)) is amended by adding a new paragraph (2-a) to read as follows:

"(2-a) The Mayor, or his designated agent may, upon application and the payment of a fee of $15, issue a provisional driving permit, valid for a period of one year to any applicant for a motor vehicle operator's permit, provided that the applicant is 16 years of age or older, has held a valid learner's permit for a period of six months, provided that the applicant has completed six consecutive months without having been subject to conviction or civil infraction or subject to a driving permit suspension, and has not had a recorded at-fault crash, nor has been cited for a violation of the graduated driver's license restrictions or of the Mandatory Use of Seat Belts Act of 1985 (D.C. Code §40-1601 et. seq.), and has received forty hours of driving experience as certified by a holder of a valid motor vehicle operator's permit and has successfully passed all parts of the examination prior to application for a motor vehicle operator's permit. Such permit shall entitle the permittee, while having such permit in his immediate possession, to operate a passenger motor vehicle provided that:

(A) the vehicle is used solely for the purposes of pleasure and not for compensation;

(B) such permittee may, during the hours between 6 a.m. and 9 p.m., drive without the presence of a holder of a valid motor vehicle operator's permit;

(C) such permittee may not operate a motor vehicle between the hours of 9 p.m. and 6 a.m. unless accompanied by the holder of a valid motor vehicle operator's permit who is 21 years of age or older and who is occupying a seat beside such permittee or is driving to or from employment;

(D) such permittee is not accompanied by any passengers except the holder of a valid motor vehicle operator's permit who is 21 years of age or older and who is occupying a seat beside such permittee.".

(e) Subsection 7a (DC Code §40-301(a)(2)) is amended by adding a new paragraph (2-b) to read as follows:

"(2-b) Penalties:

(A) All penalties imposed shall be in addition to any other suspensions or penalties that may be imposed by law;

(B) The Director of the Department of Motor Vehicles shall notify in writing the parent or legal guardian of any violations of the graduated driver's license restrictions by an operator of a motor vehicle who is less than 18 years of age;

(C) Violations of the passenger limitations, night-time driving restrictions, or the supervision requirements by an operator of a motor vehicle who is less than 18 years of age shall result in the suspension of the driving permit as follows:

(i) First offense yields a suspension of 30 days;

(ii) Second offense yields a suspension of 60 days;

(iii) Third and subsequent offenses yields a suspension of 90 days.".

(f) Subsection 7a (DC Code §40-301(a)(3)) is amended by striking the phrase "dual control motor vehicle at such times as such pupil" and inserting in its place "dual control motor vehicle between the hours of 6 a.m. and 9 p.m. while such pupil"

(g) Subsection 7a (DC Code §40-301(a)(4)) is amended by striking the phrase "operators permit or learners permit" and inserting in its place "operators permit, learners permit, or a provisional permit".

(h) Subsection 7a (DC Code §40-301 (a)4)) is amended by striking the phrase "replacement learners permit" and inserting in its place "replacement learners permit, or replacement provisional permit".

(i) Subsection 7a (DC Code §40-301(a-l)(l)(d)) is amended by striking the phrase "operators permit or learners permit" and inserting in its place "operators permit, learners permit, or a provisional permit".

Sec. 3. Chapter 1 of Title 18 of the District of Columbia Municipal Regulations (Vehicles and Traffic) is amended as follows:

(a) Subsection Subsection 100.1 is amended by adding the phrase "provisional permits," after the phrase " learners permits,"

(b) Subsection 102.2 is amended by striking the phrase "sixty (60) days" and inserting in its place "six months".

(c) Subsection 102.3 is amended by striking the phrase "sixty (60) days" and inserting in its place "six months".

(d) Subsection 102.4 is amended by adding the phrase ", a provisional permit, "after the phrase "a learners permit".

(e) Subsection 102.5 is amended by to read as follows:

"A person holding a learners permit shall not operate a motor vehicle except during the hours of 6 a.m. and 9 p.m. while under the instruction of and when accompanied by the holder of a valid drivers license who is at least 21 years of age and who shall occupy the seat beside the learner. A person holding a provisional permit shall not operate a motor vehicle during the hours of 9 p.m. and 6 a.m. except while under the instruction of and when accompanied by the holder of a valid drivers license who is at least 21 years of age and who shall occupy the seat beside the learner or when driving for the sole purpose of driving to and from employment."

(f) Subsection 103.1 is amended by adding the phrase ", a provisional permit, "after the phrase "a learners permit".

(g) Subsection 104.1 is amended by adding the phrase ", a provisional permit, "after the phrase "a learners permit".

(h) Subsection 107.10(c) is amended by adding the phrase " and provisional permits" after the phrase "Learners permits".

(i) Subsection 109.1 is amended by adding the phrase ", a provisional permit, " after the phrase "a learners permit".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the Committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 913; D.C. Code §1-233 (c)(3)).

Sec. 5. This act shall take effect after ninety days 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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