§ 50–2201.05a–1. Establishment of Intelligent Speed Assistance Program.

(a) There is established within the Department of Motor Vehicles ("DMV") an Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent speed assistance systems that limit the speed at which a motor vehicle can travel based on the applicable speed limit in the vehicle of any person that is convicted of an offense requiring enrollment as a condition of reinstatement pursuant to § 50-1301.38(a)(5) [Not funded].

(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed Assistance Program pursuant to subsection (a) of this section, the DMV shall:

(A) Require the person's enrollment in the Intelligent Speed Assistance Program as a condition for obtaining and maintain a restricted license;

(B) Permit the person to enroll in the Intelligent Speed Assistance Program;

(C) Revoke the person's license and issue the person a restricted license that notes their participation in the Intelligent Speed Assistance and the requirements thereof; and

(D) Not issue the person a license, other than a restricted license as described in subparagraph (A) [of this paragraph], until the person successfully completes a period of enrollment as described in subsection (c) of this section.

(2)(A) The DMV shall provide notice to the person of the requirements of paragraph (1) of this subsection.

(B) For the purposes of this paragraph, the person shall be considered to have been provided notice upon receipt of a letter containing the information required by subparagraph (A) of this paragraph that is either:

(i) Hand delivered to the person; or

(ii) Delivered by mail to the address listed on the person's license.

(c) A person's license shall remain revoked pursuant to subsection (b)(1)(C) of this section, and a person's enrollment in the Intelligent Speed Assistance Program shall remain a condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this section, for the following periods:

(1) For the first commission of a covered offense or conviction requiring enrollment, one year;

(2) For the second commission of a covered offense or conviction requiring enrollment, 2 years; and

(3) For the third or subsequent commission of a covered offense or conviction requiring enrollment, 3 years.

(d) A person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of this section, shall:

(1) Install an intelligent speed assistance system on each motor vehicle owned by or registered to the person; and

(2) Not operate a motor vehicle that is not equipped with a functioning, certified intelligent speed assistance system.

(e) If a person fails to comply with the Intelligent Speed Assistance Program's requirements as described in subsection (d) of this section, the DMV may:

(1) Suspend the person's restricted license for a period determined by the DMV and, following the period of suspension, permit the person to re-enroll in the Intelligent Speed Assistance Program;

(2) Revoke the person's restricted license and prohibit the person from re-enrolling in the Intelligent Speed Assistance Program; or

(3) Impose a civil fine on the person.

[(f)](1) A person enrolled in the Intelligent Speed Assistance Program shall pay all costs associated with enrolling and participating in the Intelligent Speed Assistance Program except in cases where the Intelligent Speed Assistance Program determines the person is indigent as described in paragraph (2) of this section.

(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, the DMV shall determine whether a participant is indigent.

(B) If a participant is determined to be indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Intelligent Speed Assistance Program for one year resulting from the first conviction requiring enrollment.

(3) For the purposes of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).

(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10a-1; as added Apr. 20, 2024, D.C. Law 25-161, § 4(e), 71 DCR 2248; Sept. 18, 2024, D.C. Law 25-217, § 6082(c)(5), 71 DCR 9990.)

Applicability

Section 6082(e) of D.C. Law 25-217 amended section 8 of D.C. Law 25-161 removing the applicability provision impacting this section. Therefore the amendment of this section by section 4(e) of Law 25-161 has been implemented.

Section 6082(e) of D.C. Act 25-506 amended section 8 of D.C. Law 25-161 removing the applicability provision impacting this section. Therefore the amendment of this section by section 4(e) of Law 25-161 has been implemented.

Applicability of D.C. Law 25-161: § 8 of D.C. Law 25-161 provided that the creation of this section by § 4(e) of D.C. Law 25-161 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6082(c)(5) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).