B 25-0435 — Fraudulent Vehicle Tag Enforcement Amendment Act of 2023 (now known as "Fraudulent Vehicle Tag and Parking Enforcement Modernization Amendment Act of 2024")

8 Sec.

123.

Immobilization and impoundment of immobilization-eligible vehicles.........................

8 Sec.

124.

Booting fee;

penalty for damage or removal...................................................................

9 Sec.

125.

Immobilized and impounded vehicles;

notice to lienholders..........................................

9 Sec.

126.

Vehicle reclamation periods..........................................................................................

10 Sec.

127.

Procedures for reclaiming impounded vehicles;

lien;

penalties....................................

10 Sec.

128.

Disposal of unclaimed vehicles;

penalties;

auction admission fees..............................

11 Sec.

129.

Owners and lienholders remedy....................................................................................

11 SUBTITLE D.

ABANDONED AND DANGEROUS VEHICLES.............................................

12 Sec.

131.

Enforcement against abandoned and dangerous vehicles.............................................

12 Sec.

132.

Unlawful acts.

...............................................................................................................

12 Sec.

133.

Removal of abandoned and dangerous vehicles from public space;

penalties.

............

13 Sec.

134.

Removal of abandoned, dangerous, and unlawfully parked vehicles from private property.........................................................................................................................................

14 Sec.

135.

Post-removal disposition of certain vehicles without further notice.............................

14 SUBTITLE E.

RULEMAKING.

..................................................................................................

14 Sec.

141.

Rulemaking...................................................................................................................

14 Sec.

142.

Applicability…………………………………………………………………………...15 TITLE II.

FRAUDULENT OR OBSCURED VEHICLE TAGS.................................................

15 Sec.

201.........................................................................................................................................

15 Sec.

202.........................................................................................................................................

16 TITLE III.

MISCELLANEOUS PROVISIONS...........................................................................

16 Sec.

301.

Effect of the repeal of provisions..................................................................................

17 Sec.

302.

Conforming amendments..............................................................................................

17 TITLE IV.

STANDARD PROVISIONS......................................................................................

19 Sec.

401.

Applicability..................................................................................................................

19 Sec.

402.

Fiscal impact statement.................................................................................................

19 Sec.

403.

Effective date.

...............................................................................................................

20 ENROLLED ORIGINAL BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Fraudulent Vehicle Tag and Parking Enforcement Modernization Amendment Act of 2024”.

TITLE I.

PARKING ENFORCEMENT MODERNIZATION SUBTITLE A.

GENERAL PROVISIONS Sec.

101.

Short title.

This title may be cited as the “Parking Enforcement Modernization Act of 2024”.

2.102.

TheDefinitions. District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat.

For the purposes of this title, the term:

(1) “Abandoned vehicle” means any motor vehicle, trailer, or semitrailer that is left, parked, or stored on public space for more than 48 hours or on private property for more than 30 days, and to which at least one of the following applies:

(A) The vehicle is apparently inoperable, including a vehicle missing its transmission, motor, or one or more tires, and is not undergoing emergency repair;

(B) The vehicle serves as harborage for rats, vermin, and other pests;

or (C) The vehicle does not display valid vehicle identification tags, a valid registration sticker, or is an unidentifiable vehicle;

except, that a vehicle shall not be deemed an abandoned vehicle under this subparagraph solely because the vehicle displays expired tags or registration sticker, unless the tags or registration sticker expired at least one year before any enforcement action is taken under this title, which shall be measured concurrently with the period of time required to establish that the vehicle is abandoned, as described in the lead-in language of this paragraph.

(2) "Dangerous vehicle" means a motor vehicle, trailer, or semitrailer that, due to at least one of the following conditions existing for at least 24 hours, poses an imminent hazard to the public health, safety, or welfare:

(A) The vehicle is extensively damaged, including damaged by fire or exposed broken glass or metal shards are present;

or (B) Another dangerous condition that poses an imminent hazard to the public health, safety, or welfare is present.

(3) “Department” means the Department of Public Works.

(4) “Director” means the Director of the Department of Public Works.

(5) “Immobilization device” means a device or mechanism that, when equipped to a motor vehicle, prevents the motor vehicle’s operation but causes no damage to the motor vehicle unless the motor vehicle is moved while such device or mechanism is in place.

(6) “Immobilization-eligible vehicle” means a vehicle that meets the requirements of section 122.

ENROLLED ORIGINAL (7) “Impounded” means a vehicle in the custody of the Department of Public Works or stored at a private storage facility at the direction of the Department as a result of the vehicle:

(A) Having been removed from its location pursuant to District laws or regulations;

or (B) Having been transferred from the custody of the Metropolitan Police Department, or other agency, to the custody of the Department.

(8) “LPRS” means license plate recognition system, which is an electronic device that may be handheld, mounted on a vehicle, or positioned in a stationary location and is capable of recording data on, or taking a photograph of, a vehicle or its vehicle identification tag and comparing the collected data and photographs to existing databases for investigative and enforcement purposes.

(9) “Motor vehicle” shall have the same meaning as provided in section 102(5A) of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

Law 2-104;

D.C.

Official Code § 50-2301.02(5A)).

(10) “Park” means to leave any motor vehicle standing on a public right-of-way, public space, or private space, either attended or unattended.

(11) “Parking violation” means a violation of:

(A) Chapter 24 of Title 18 of the District of Columbia Municipal Regulations;

(B) Section 4a of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat.

Official Code §50-1501.01§ et50-1501.04a); seq) is amended as follows:

(a)(C) Section 16012 of the Unlawfully Parked Vehicles Act of 2015, effective October 22, 2015 (D.C.

OfficialLaw Code21-36; §50-1501.01) is amended by adding a new paragraph (13) to read as follows:

“(13)D.C. The term “temporary tag” means a temporary vehicle registration, dealer's tag, or manufacturer's tag issued by any U.S.

stateOfficial orCode territory§ for50-2637); a vehicle awaiting issuance of permanent license plates.”.

(b)(D) SectionSections 2124 (D.C.and 132 of this act;

Officialand Code(E) §Other 50-1501.02)parking, isstanding, amendedand bynon-moving addingviolations committed with a newmotor subsectionvehicle (f-2)and adjudicated pursuant to readsection as301 follows:of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

“(f-2)Law (1)2-104; Owner's identification tags, including temporary tags, shall at all times be securely fastened in a horizontal position to the vehicle for which they are issued to prevent the tags from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of the tags, in a place and position to be clearly visible.

“(2)D.C. No person shall operate a motor vehicle where the identification tag's identifying numbers or letters are covered with glass, plastic, or any other type of material or substance.”.

(b)Official SectionCode 4(a)(4)§ (D.C.50-2303.01).

Official(12) Code“Physical §characteristics 50-1501.04(a)(4))of isan amendedabandoned tovehicle” readmeans asany follows:of the conditions set forth in paragraph (1) of this section.

“(4)(13) (A)“Private Forproperty” anymeans personreal toproperty, knowinglyincluding affixreal toproperty owned or displayunder onthe ajurisdiction motorof vehiclethe aDistrict counterfeit,, stolen,other fraudulent,than orpublic otherwisespace. fake temporary or permanent tag;

or(14) “(B)“Public Forright-of-way” anymeans personthe tosurface, affixair tospace orabove operate a vehicle where the identificationsurface, tag'sand identifyingarea numbersbelow orthe letterssurface areof coveredany orpublic otherwisestreet, obscuredhighway, withbridge, anytunnel, materialalley, or substance,sidewalk. including plastic covers.

“(C)(15) For“Public anyspace” personmeans toall knowinglythe operateproperty owned or under the jurisdiction of the District, between lines on a motorstreet, vehicleas tosuch orproperty lines are shown on whichthe arecords counterfeit,of stolen,the orSurveyor fraudulent,of orthe otherwiseDistrict, fakeand temporaryincludes orany permanentpublic tagright-of-way, istree affixedspace, sidewalk, or displayed.”.parking between such property lines.

ENROLLED ORIGINAL (16) “Safety-sensitive parking violation” means a stopping, standing, or parking violation that poses an immediate risk to the safety of users of public rights-of-way, including:

(A) Obstruction of a crosswalk, sidewalk, alley, driveway, or intersection;

(B) Stopping, standing, or parking in a fire lane, within 10 feet of a fire hydrant, or other violations that impact fire safety and emergency response;

(C) Unauthorized stopping, standing, or parking in spaces reserved for individuals with disabilities;

(D) Stopping, standing, or parking in a bus lane, bus parking zone, bicycle lane, or other shared use path;

and (E) Other violations as determined by the Mayor.

(17) “Unidentifiable vehicle” means any vehicle found parked on any public right-of-way or public space in the District:

(A) That does not have a vehicle identification tag displayed or affixed to the vehicle;

(B) With an obscured or illegible vehicle identification number;

(C) Displaying a counterfeit, stolen, or otherwise fraudulent vehicle identification tag in the District;

(D) Displaying a vehicle identification tag not identifiable in the directory required by section 114, or with a vehicle identification tag that can otherwise be clearly identified as counterfeit, altered, or otherwise fraudulent by visual inspection alone;

(E) Using any tinted, colored, painted, marked, clear, or illuminated object that:

(i) Covers any of the characters of a vehicle's vehicle identification tag;

or (ii) Distorts an image recorded by automated traffic enforcement or license plate recognition system of any of the characters of a vehicle's vehicle identification tag or other identifying features.

(F) Is obscured by a vehicle cover or tarp that obscures the vehicle identification tags;

or (G) Has other characteristics that otherwise restrict the ability to issue the vehicle a notice of infraction for parking enforcement or automated traffic enforcement.

(18) “Vehicle” means motor vehicle.

(19) “Vehicle identification number” means a unique alphanumeric code or serial number used by the automotive industry to identify an individual motor vehicle when a vehicle is manufactured.

(20) “Vehicle identification tag” means:

(A) A permanent plate or tag issued by a jurisdiction containing letters, numerals, or a combination of both, attached to a motor vehicle, that serves as a unique identifier matching that motor vehicle;

or ENROLLED ORIGINAL (B) A temporary vehicle tag, dealer's tag, or manufacturer's tag issued in any jurisdiction for a vehicle awaiting issuance of permanent license plates.

SUBTITLE B.

PARKING ENFORCEMENT MANAGEMENT ADMINISTRATION Sec.

111.

Parking Enforcement Management Administration.

(a) There is established a Parking Enforcement Management Administration (“PEMA”) within the Department, the purpose of which is to provide:

(1) On-street parking enforcement services, including ticketing for parking violations, immobilization, and impoundment;

(2) Removal of abandoned and dangerous vehicles;

and (3) Management of impounded vehicles.

(b) PEMA shall perform 3 primary organizational functions:

(1) Removal of abandoned or dangerous vehicles from any public right-of-way, public space, or private property;

(2) Enforcement of the District’s parking regulations to promote vehicular safety and access to short-term parking at meters and long-term parking on residential streets;

and (3) Immobilizing and impounding immobilization-eligible vehicles on public space and relocating illegally parked vehicles impeding public rights-of-way.

3.112.

TheEnforcement Districtpriority. of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat.

1119;The Director shall deploy Parking Enforcement Management Administration staff and resources to prioritize:

(1) Unidentifiable vehicles, abandoned vehicles, and dangerous vehicles;

(2) Vehicles eligible for immobilization and impoundment as a result of vehicle infraction points assessed pursuant to section 121(b);

and (3) Safety-sensitive parking violations.

Sec.

113.

License plate recognition systems;

usage and privacy.

Within one year after the applicability date of this section, the Mayor shall issue rules to:

(1) Ensure that all District agencies equipped with LPRS for enforcement of parking or moving violations utilize the same database of information;

(2) Maximize the ability of District agencies equipped with LPRS to transmit information to the Department that may assist in identifying the location of immobilization- eligible vehicles;

(3) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards to protect LPRS information from unauthorized access, destruction, use, modification, or disclosure;

and ENROLLED ORIGINAL (4) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of LPRS information is consistent with respect to individuals’ privacy and civil liberties.

Sec.

114.

Directory of vehicle identification tags.

(a) Within 90 days after the applicability date of this section, the Mayor shall establish, and thereafter maintain, a directory of all vehicle identification tags issued by U.S.

states and territories.

(b) The Mayor shall establish procedures for identifying tags as legitimate and ensure that all District employees tasked with enforcement of parking and moving violations are adequately trained in the proper verification of vehicle identification tags.

SUBTITLE C.

VEHICLE IMMOBILIZATION AND IMPOUNDMENT Sec.

121.

Vehicle infraction points.

(a)(1) The Mayor shall establish a vehicle infraction point system for the purpose of determining a vehicle’s eligibility for immobilization and impoundment.

(2) In addition to the infractions and offenses listed in subsection (b) and (c) of this section, the Mayor may enumerate new or additional categories of vehicle infractions and offenses and assign a corresponding point value based on the severity of the offense.

(3) Vehicle infraction points imposed under this subsection shall be assessed in addition to any fines or points imposed against thedriving record of an individual under 18 DCMR § 303.

(b) Vehicle infraction points for convictions, sustained notices of infractions, including infractions detected by the automated traffic enforcement system described in section 901 of the Fiscal Year 1997 Budget Support Act, effective April 9, 1997 (D.C.

Law 11-198;

Official Code § 50-2201.01,50–2209.01), etor seq.)adjudications isas amendeda asjuvenile follows:delinquent, within any consecutive 6-month period beginning after the applicability date of this section shall be assessed in accordance with the following table:

(a)Infraction Section/ 6(k)(1)Offense Points Speeding 11-15 miles per hour over the speed limit 2 Speeding 16-19 miles per hour over the speed limit 3 Speeding 20 miles per hour or more over the speed limit 5 Reckless Driving 5 Aggravated Reckless Driving 10 (c) Vehicle infraction points for unpaid notices of infraction for parking violations and vehicle conveyance fees, as that term is defined in section 102(9) of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

OfficialLaw Code2-104; §50-2201.03(k)(1)) is amended to read as follows:

“(k)(1) Any motor vehicle found parked at any time upon any public highway of the District of Columbia may, by or under the direction of a law enforcement officer or parking enforcement officer as identified in sections 3002 and 3003 of Title 18 of the District of Columbia Municipal Regulations, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Mayor or immobilized in such manner as to prevent its operation;

except, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

This subsection shall apply to any vehicle:

“(A) Against which there are 2 or more unpaid notices of infraction or vehicle conveyance fees that the owner was deemed to have admitted or that were sustained after a hearing, pursuant to §50-2303.05, §50-2303.06, or §50-2209.02, or against which there have been issued 2 or more warrants;

“(B) Displaying temporary tags expired for more than 60 days, as indicated by the posted expiry date on the tag;

“(C) Displaying a vehicle identification tag not identifiable in the directory required by Section 6d of this Act, or with a tag that can be clearly identified as counterfeit, altered, or otherwise fraudulent by visual inspection alone;

“(D) Does not have any vehicle identification tags displayed or affixed to the vehicle.”.

(b) A new Section 6d is added to read as follows:

“Sec.

6d.

Directory of vehicle identification.

“(a) Within 90 days of the effective date of this act, the Mayor shall establish, and thereafter maintain, a directory of all permanent and temporary tags issued by U.S.

states and territories, including procedures for identifying tags as legitimate.

“(b) The Mayor shall ensure that all District employees tasked with enforcement of parking and moving violations are adequately trained in the proper verification of vehicle identification tags.

“(c) The Mayor shall coordinate investigations and enforcement measures against any person knowingly selling counterfeit, stolen, or otherwise fraudulent temporary tags to District residents, pursuant to Section 142(a)(3) of the District of Columbia Theft and White Collar Crimes Act of 1982, approved December 1, 1982 (D.C.

Law 4-164, D.C.

Official Code §22- 3241.

“(d) For the purposes of this Section, “temporary tag” has the same meaning as in Section 1 of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat.

680;

Official Code §50-1501.01.”.§ 50-2301.02(9)), that the owner was deemed to have admitted or that were sustained after a hearing, pursuant to sections 305 and 306 of the District of Columbia Traffic Adjudication Act ENROLLED ORIGINAL of 1978, effective September 12, 1978 (D.C.

87Law Sec.2-104;

4.D.C.

(a)Official SectionCode 142(a)(3)§§ of50-2301.05 the District of Columbia Theft and White50-2301.06), Collarshall Crimesbe Actassessed ofin 1982,accordance approvedwith Decemberthe 1,following 1982table: (D.C.

LawInfraction 4-164,/ D.C.Offense Points Safety-sensitive parking violation Expired motor vehicle tag or registration – under 60 days 1 Expired motor vehicle tag or registration – 60 to 90 days 2 Expired motor vehicle tag or registration – over 90 days All other parking violations Sec.

Official122. Code §22-3241) is amended by adding a new subparagraph (D-1) to read as follows:

“(D-1)Vehicles Motoreligible vehiclefor identificationimmobilization tags;”.or impoundment.

(a) Notwithstanding any other provision of law, the following vehicles shall be deemed immobilization-eligible vehicles and subject to immobilization or impoundment as described in section 123:

(1) Unidentifiable vehicles;

(2) Vehicles parked on a public right-of-way or public space in the District against which:

(A) There have been issued 2 or more warrants;

(B) The Mayor has assessed 10 or more vehicle infraction points pursuant to section 121;

or (C) There are 2 or more unpaid notices of infraction that the owner was deemed to have admitted orthat were sustained aftera hearingpursuant tosection902of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C, Law 11-198;

D.C.

Official Code 50-2209.02);

and (4)Abandoned or dangerous vehicles.

5.123.

SectionImmobilization 505and ofimpoundment the District of Columbiaimmobilization-eligible Trafficvehicles. Adjudication Act of 1978, effective September 12, 1978 (D.C.

(a) The Department of Public Works, Metropolitan Police Department, United States Park Police, or the District of Columbia Department of Transportation is authorized to take the following actions against an immobilization-eligible vehicle:

(1) Remove the vehicle from public space or private property pursuant to District law or regulation, through towing or other means, and transport the vehicle for impoundment;

or (2) Immobilize the vehicle using an immobilization device.

(b) A vehicle subject to impoundment pursuant to this section shall be taken to a District government impoundment facility or other facility as shall be determined by the Mayor.

ENROLLED ORIGINAL Sec.

124.

Booting fee;

penalty for damage or removal.

(a) The owner of an immobilized vehicle shall be subject to a booting fee of no less than $100 for such immobilization.

(b) Any person who damages, destroys, or removes a vehicle immobilization device without authorization of the Mayor shall be subject to a civil fine of no less than $900.

Sec.

125.

Immobilized and impounded vehicles;

notice to owners and lienholders.

(a) In any case involving immobilization of a vehicle pursuant to this title, such law enforcement officer or employee shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

(b)(1) Before the removal of an immobilization device from a motor vehicle or the release of a motor vehicle from impoundment, the owner shall pay all outstanding fees, charges, civil fines, or penalties against the owner or any motor vehicle in which the owner has an ownership interest or had an ownership interest when a notice of infraction was issued (2) If the vehicle was immobilized or impoundedwith 10 or more vehicle infraction points assessed for violations pursuant to section 121(b), or other moving violations as determined by the Mayor, the owner shall also provide evidence of completion of a safe-driving course created pursuant to section 9a(a) of the Motor Vehicle Services Fees and Driver Education Support Act of 1982, effective April 20, 2024 (D.C.

Law 25-161;

D.C.

Official Code § 50-1405.02(a)).

(c) Except for vehicles disposed of pursuant to section 135, the Department shall send an impoundment notice, by first class mail, to the last known address of the owners of record of an impounded vehicle, and any lienholders of record, as that information is indicated in the records of the Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction where the vehicle is registered.

If the vehicle was seized from private property other than real property owned or under the jurisdiction of the District, notice shall also be sent, by first class mail, to the owner of that property, as indicated in the records of the Office of Tax and Revenue.

(d) The impoundment notice required by subsection (c) of this section shall be mailed no later than 5 days after the vehicle is received at an impoundment or storage facility and shall:

(1) Describe the year, make, model, and vehicle identification number of each vehicle;

(2) Indicate the reason why the vehicle was impounded;

(3) If impounded for violating section 132, indicate the nature of the violation;

(4) Advise the owner and lienholders of the procedures for reclaiming the vehicle and the applicable reclamation period for doing so;

and (5) Warn the owner and lienholders that the vehicle will be sold, or otherwise disposed of, if those procedures are not completed by the expiration of the reclamation period.

ENROLLED ORIGINAL (e) If the address of the owner or lienholders cannot be determined, the Department shall publish an impoundment notice in a newspaper of general circulation in the District within 10 days after a vehicle is received at an impoundment or storage facility.

If the mailed notice is returned as undeliverable within 14 days after mailing, an impoundment notice shall also be published.

The published notice may contain a listing of more than one vehicle and shall:

(1) Describe the year, make, model, and vehicle identification number of each vehicle;

(2) Provide a telephone number or website address that will inform the owner or lienholders of the vehicle reclamation procedures;

and (3) Indicate the date by which the vehicle must be reclaimed.

(f) For the purposes of section 205 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

Official Code § 50-2201.21)50-2302.05) is(“section amended205”), tothe readmailing asof follows:the impoundment notice shall constitute service of the notice of infraction for violations of this title.

“(a) The Mayor,notice pursuant to subchapter I of Chapterinfraction 5shall ofbe Titleconsidered 2,issued, maywithin issuethe rulesmeaning regarding immobilization, towing, and impoundment of vehicles,section and205, mayon establish the amount5th of,day andafter implement a system for collecting, vehicle immobilization and conveyance fees in connection with enforcement of the District’simpoundment parkingnotice regulations,is movingmailed. infractions, motor vehicle identification and registration requirements, and motor vehicle safety standards.

“(b)(g) The DepartmentDirector of Public Works shall prioritizedetermine forwhether towingeach andimpounded impoundment,vehicle ashas opposedbeen reported to immobilization,law anyenforcement motoragencies vehiclesas instolen violationand ofshall rulesrecord governingthe vehicle identification andnumber counterfeitfor oreach obscuredimpounded tags,vehicle pursuantin toa Sectiondatabase 6(k)(1),format subparagraphsthat (B),can (C),be (D),accessed andby (E)law ofenforcement thepersonnel. District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat.

1119;Sec.

126.

Vehicle reclamation periods.

(a) An impounded vehicle removed from public or private property pursuant to this title, or any other District law or regulation, must be reclaimed within 28 days after the impoundment notice sent pursuant to section 125(c), or other time period established by the Mayor by rule.

(b) If the address of the owner and lienholders of an impounded vehicle is unknown, the vehicle must be reclaimed within 14 days after the publication date of reclamation notices published pursuant to section 125(e).

(c) The Director may provide for a one-time extension of the reclamation period for a vehicle if the owner of the vehicle shows proof of being enrolled in a safe-driving course created pursuant to section 9a(a) of the Motor Vehicle Services Fees and Driver Education Support Act of 1982, effective April 20, 2024 (D.C.

Law 25-161;

Official Code § 50-2201.03(k)(1)).”.50-1405.02(a)).

6.127.

SectionProcedures 8for ofreclaiming theimpounded Removalvehicles; and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003 (D.C.

Lawlien; 15-35, D.C.

Officialpenalties. Code §50-2421.06 is amended by adding a new subsection (d) to read as follows:

“(d)(a) An impoundedowner vehicleor removedlienholder, fromor publica orperson privateduly propertyauthorized pursuantby toeither, Sectionmay 6(k)(1),reclaim subparagraphsan (B),impounded (C),vehicle andstored (D)at ofa District government impoundment facility at any time prior to the Districtexpiration of Columbiathe Trafficapplicable Act,reclamation 1925,period approveddescribed Marchin 3,section 1925126, (43by: Stat.

(1) Satisfying the requirements of section 125(b);

(2) Furnishing proof of entitlement to possession of the vehicle;

and (3) Paying to the District government, or the towing company, as directed by the Department, a towing fee of $100 and a storage fee of $20 per day;

provided, that the towing fee shall be $275 and a storage fee of $20 per day shall be imposed if the size or the weight of the ENROLLED ORIGINAL impounded vehicle requires the Department or an outside contractor to use special equipment to tow the vehicle;

provided further, that the towing fee shall be $1,000 if the vehicle was impounded pursuant to a violation of 18 DCMR § 2405.3(e).

(b) Fines and penalties due for parking tickets issued to a vehicle and the towing and storage fee charges due pursuant to subsection (a)(3) of this section shall constitute a continuing lien against the impounded motor vehicle.

The lien thus created shall be an automatic lien, which is perfected as of the first date that the fines, penalties, or fees are due and shall be a prior and preferred claim over all other liens.

(c) Any person who has paid a fine for parking, storing, or leaving an abandoned or dangerous vehicle on public space, and who, after reclaiming the vehicle, thereafter again parks, stores, or leaves that vehicle on public space in violation of section 132(a)(1) of this title, shall be subject to a civil fine of not more than $500.

Sec.

128.

Disposal of unclaimed vehicles;

penalties;

auction admission fees.

(a) The Department may, consistent with reasonable business practices, sell or otherwise dispose of an unclaimed vehicle, including all items of personal property left therein.

(b) If an unclaimed vehicle is sold at a public auction or through other means pursuant to subsection (a) of this section, the purchaser shall take title to the vehicle free and clear of all liens and claims of ownership by others, receive a sales receipt, and be entitled, upon application and the payment of all applicable fees, to a certificate of title and registration;

provided, that all other eligibility requirements are met.

(c) The Department shall retain the proceeds of the sale or disposition of any vehicle an amount that represents reimbursement for the costs of sale, the costs of towing and storing the vehicle, the costs of furnishing notice and other related enforcement activities, the payment of such liens as were declared null and void, and the remainder shall be deposited into the General Fund.

(d) Except for vehicles enclosed on private property or located on the property of a business engaged in the lawful repair, storage, salvage, or disposal of vehicles, any person who purchases a vehicle that has been sold for salvage only from the Department, and who, thereafter, leaves, stores, or parks the vehicle on public space or private property, shall be subject to a civil fine of not more than $2,500.

(e) The Director is authorized to establish a non-refundable cost-based auction admission fee.

The proceeds from this fee shall be used to offset the costs of all vehicle auctions held on the day of the auctions.

The proceeds from the fee shall be deposited into the General Fund.

Sec.

129.

Owners and lienholders remedy.

An owner or lienholder who fails to reclaim a vehicle within the time prescribed shall nevertheless be entitled to recover the fair market value of any vehicle disposed of pursuant to this subtitle if:

ENROLLED ORIGINAL (1) The owner or lienholder requests a hearing with respect to the notices of infractions that provided the basis for the impoundment of the vehicle;

(2) The hearing is requested within 60 days after the issuance of the notices of infraction;

(3) A hearing examiner dismisses the notices of infraction or finds no liability;

and (4) The owner or lienholder establishes the vehicle’s fair market value by a preponderance of the evidence;

provided, that if the District has sold the vehicle, the price paid by a good faith purchaser, other than the owner, shall establish a rebuttable presumption of the fair market value of the vehicle.

SUBTITLE D.

ABANDONED AND DANGEROUS VEHICLES Sec.

131.

Enforcement against abandoned and dangerous vehicles.

(a) The Department shall:

(1) Determine whether a vehicle is an abandoned or dangerous vehicle;

(2) Determine whether the vehicle has been stolen, and if it has been stolen, relinquish custody of the vehicle to the Metropolitan Police Department;

(3) Place or mail, as applicable, the appropriate warning notice described in sections 133 and 134;

(4) Impound any abandoned or dangerous vehicle, if appropriate;

(5) Mail the impoundment notice required by section 125 to the owner and lienholders of any impounded vehicle;

and (6) Sell or dispose of unclaimed impounded vehicles, including all items of personal property left therein, pursuant to Subtitle C.

(b) The Mayor shall use personnel who are charged with private or public space inspection, sanitation inspection, and traffic and parking enforcement responsibilities to investigate and place warning notices on abandoned and dangerous vehicles.

(c) The Mayor shall encourage all District government agencies and residents to identify and report abandoned and dangerous vehicles to the Department.

Sec.

132.

Unlawful acts.

(a) It shall be a violation of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

Law 2-104;

D.C.

Official Code § 50-2301.01 et seq.), for any person to park or store:

(1) An abandoned or dangerous vehicle on public space;

(2) Any motor vehicle on private property without the consent of the property owner;

or (3) An abandoned or dangerous vehicle on private property, even with the consent of the property owner, unless the vehicle is:

(A) Kept in a lawful enclosed structure or building completely shielded from the view of individuals on the adjoining properties;

or ENROLLED ORIGINAL (B) Lawfully stored or kept on the property of a business engaged in the lawful repair, storage, salvage, or disposal of vehicles.

(b) It shall be a defense to a violation under subsection (a) of this section if the vehicle owner filed a report, including the time and date of the event, with the Metropolitan Police Department or the vehicle owner's insurer about the damage to the vehicle, prior to receiving the notice of infraction;

provided, that such defense shall be valid for no more than 15 business days after the owner filed the damage report and may not be raised again after the expiration of the 15-day period for the same event or incident.

Sec.

133.

Removal of abandoned and dangerous vehicles from public space;

penalties.

(a) The District government, or any towing company at the direction of the Department shall remove an abandoned or dangerous vehicle parked, left, or stored on public space in violation of section 132(a)(1) as follows:

(1) An abandoned vehicle shall be removed 48 hours after a warning notice has been conspicuously placed on the vehicle.

The warning notice shall be placed at the first sighting of a vehicle that meets the physical characteristics of an abandoned vehicle.

The warning notice shall indicate the date and time it was placed and the date and time that the District is authorized to remove, impound, or dispose of the vehicle if the vehicle is not moved.

The notice shall also include a statement indicating the vehicle will not be towed if the owner or other authorized person certifies to the Department that the vehicle is undergoing emergency repair.

The notice shall provide a telephone number, and website if any, that will inform the owner how to accomplish the certification.

(2) A dangerous vehicle shall be immediately removed without the placement of a warning notice.

(b) If more than one basis exists for removing a vehicle, whether stated in this title or in any other law or regulation, the shortest removal period shall apply, including removal without a warning notice.

(c) No vehicle shall be removed from public space pursuant to this section until a notice of infraction is conspicuously placed on the vehicle.

(d) Except as provided in this section, it shall be unlawful for any person, except the owner, a person authorized by the owner in writing, an employee of the District government in connection with the performance of official duties, or a tow crane operator who has valid authorization from the District government, to do any of the following:

(1) Tamper with, remove, or attempt to tamper with or remove any vehicle owned by another person;

(2) Tamper with, remove, or attempt to tamper with or remove any vehicle that is on public space and to which a District government warning notice that relates to the removal of the vehicle has been affixed;

or (3) Remove, mutilate, or attempt to remove or mutilate the warning notice.

ENROLLED ORIGINAL (e) Any person violating the provision of subsection (d) of this section shall be subject to a civil fine of not more than $500.

Sec.

134.

Removal of abandoned, dangerous, and unlawfully parked vehicles from private property.

The District government or any towing company at the direction of the Department shall remove a motor vehicle parked, left, or stored, on private property in violation of section 132(a)(2) or (3), as follows:

(1) A vehicle parked, left, or stored without the consent of the property owner shall be removed immediately after a notice of infraction is issued and conspicuously placed on the vehicle.

(2) A dangerous vehicle shall be removed, with or without the consent of the property owner, immediately after a notice of infraction is issued and conspicuously placed on the vehicle.

(3)(A) An abandoned vehicle shall be removed, with or without the consent of the property owner, 45 days after a warning notice has been mailed by first class mail to the last known address of the property owner, as indicated on the records of the Office of Tax and Revenue.

For the purposes of this subsection, notice may run concurrently with the period of time required to establish that the vehicle is abandoned.

(B) The warning notice shall, at a minimum, indicate the make and model of the vehicle, the date that the vehicle was observed on the property, and the date that the District is authorized to remove, impound, or dispose of the vehicle if the vehicle remains unenclosed on the property.

(C) The warning notice shall be mailed after the first sighting of a vehicle that meets the physical characteristics of an abandoned vehicle.

A notice of infraction shall be conspicuously placed on the vehicle prior to its removal.

The notice shall also include a telephone number, and website if any, that will inform the owner how to contact the Department to certify that the vehicle is not abandoned.

Sec.

135.

Post-removal disposition of certain vehicles without further notice.

Except for vehicles removed after traffic collisions, the Department may, without further notice, dispose of a dangerous vehicle or abandoned vehicle removed from the public space or private property pursuant to any District law or regulation if the vehicle does not display a valid vehicle identification number and recognizable registration.

SUBTITLE E.

RULEMAKING AND APPLICABILTIY Sec.

141.

Rulemaking.

(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.

1204;

D.C.

Official Code § 2-501 et seq.), may issue rules to implement the provisions of this title, including:

ENROLLED ORIGINAL (1) Rules regarding towing, impoundment, and immobilization of vehicles in connection with enforcement of the District’s parking restrictions;

(2) Establishing the amount of, and implementing a system for collecting, a vehicle conveyance fee, as that term is defined in section 102(9) of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

Law 2-104;

D.C.

Official Code § 50-2301.02(9));

(3) Establishing or modifying other cost-based fees that are within the scope of the Mayor’s authority in order to implement the provisions of this title;

and (4) Establishing additional categories of vehicle infraction points or modifying the schedules of vehicle infraction points enumerated in section 121.

(b) If the District enters into contracts with towing companies, or other contractors, that provide for such companies to receive full or salvage title to unclaimed vehicles, the Mayor may promulgate rules to implement the transfers consistent with the provisions of this title.

Sec.

142.

Applicability.

This title shall apply to all vehicles immobilized or impounded after its applicability date.

TITLE II.

FRAUDULENT OR OBSCURED VEHICLE TAGS Sec.

201.

The District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat.

679;

D.C.

Official Code § 50-1501.01 et seq), is amended as follows:

(a) Section 1 (D.C.

Official Code § 50-1501.01) is amended by adding a new paragraph (13) to read as follows:

“(13) The term “vehicle identification tag” shall have the same meaning as provided in section 102(20) of the Parking Enforcement Modernization Amendment Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435).”.

(b) Section 2 (D.C.

Official Code § 50-1501.02) is amended as follows:

(1) Subsection (g) is amended as follows:

(A) Paragraph (2) is amended by striking the term “who knowingly provides or obtains a counterfeit, stolen, or otherwise fraudulent temporary identification tag;

and” and inserting the phrase “who provides or obtains a counterfeit, stolen, or otherwise fraudulent vehicle identification tag, regardless of the jurisdiction of issuance;

and” in its place.

(B) Paragraph (3) is amended as follows:

(i) Subparagraph (A) is amended by striking the phrase “DCMR;

and” and inserting the phrase “DCMR;” in its place.

(ii) Subparagraph (C) is amended to read as follows:

“(C) To establish procedures, consistent with the Parking Enforcement Modernization Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435), for the seizure and forfeiture of a motor vehicle used with a counterfeit, stolen, or otherwise fraudulent vehicle identification tag;

and” ENROLLED ORIGINAL (iii) A new subparagraph (D) is added to read as follows:

“(D) To establish procedures for the forgiveness of infractions issued to individuals as a result of violations incurred because another individual falsified a vehicle identification tag associated with a vehicle registered in their name.”.

(c) Section 4 (D.C.

Official Code § 50-1501.04) is amended as follows:

(1) Subsection (a)(4) is amended to read as follows:

“(4) For the owner of any motor vehicle to:

“(A) Use or permit the use of a motor vehicle with a counterfeit, stolen, or otherwise fraudulent vehicle identification tag;

“(B) Use or permit the use of an unidentified vehicle, as that term is defined in section 102(16) of the Parking Enforcement Modernization Amendment Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435).

“(C) Use or permit the use of a vehicle in violation of section 4a.”.

(2) A new paragraph (5) is added to read as follows:

“(5) For a person to make or copy a counterfeit, stolen, or otherwise fraudulent vehicle identification tag.”.

(d) A new section 4a is added to read as follows:

“Sec.

4a.

Display of vehicle identification tags.

“(a) Vehicle identification tags shall at all times be securely fastened in a horizontal position to the vehicle or trailer for which they are issued and in a place and position to be clearly visible and legible.

“(b) No insignia, emblems, brackets, holders, mounts, frames, trailer hitches, or couplings shall be mounted in such a way as to hide or obscure any portion of the vehicle identification tag or render any information on the vehicle identification tag illegible.

“(c) No plate cover, glass, plastic, or any other type of material or substance shall be placed, mounted, or installed on or over any vehicle identification tag, regardless of the legibility of the information on the vehicle identification tag.”.

Sec.

202.

Section 305(c-1) of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C.

Law 2-104;

D.C.

Official Code § 50-2303.05(c-1)), is amended as follows:

(a) The existing text is designated as paragraph (1).

(b) A new paragraph (2) is added to read as follows:

“(2) A person admitting the commission of an infraction related to an expired motor vehicle registration or expired vehicle identification tag shall have the fine or penalty waived if the person includes in the answer definitive proof that the person cured the violation within 15 days after the issuance of the notice of infraction.”.

TITLE III.

MISCELLANEOUS PROVISIONS ENROLLED ORIGINAL Sec.

301.

Effect of the repeal of provisions.

Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation.

Sec.

302.

Conforming amendments.

(a) Section 6 of an Act For the suppression of prostitution in the District of Columbia, effective April 20, 2007 (D.C.

Law 16-306;

D.C.

Official Code § 22-2724), is amended as follows:

(1) Subsection (d) is amended by striking the phrase “section 9(a)(6) of the Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C.

Law 15-35;

D.C.

Official Code § 50-2421.09(a)(6)) ("Disposition Act")” and inserting the phrase section 127(a)(6) of the Parking Enforcement Modernization Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435)” in its place.

(2) Subsection (h) is amended to read as follows:

“(h)(1) Vehicles that remain unclaimed may be disposed of pursuant to Subtitles C and D of Title I of the Parking Enforcement Modernization Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435);

provided, that if the owner wants to claim the vehicle before it is auctioned, the owner must pay the administrative civil penalty imposed by subsection (d) of this section in addition to the amounts required in section 127 of the Parking Enforcement Modernization Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled version of Bill 25-435).”.