1035.1 A photo radar device, as that term is used in this section, is a type of automated traffic enforcement system authorized by the § 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1996 (D.C. Law 11-198; D.C. Code § 40-751 et seq.).

1035.2 A photo radar device shall be deemed to be calibrated correctly and in proper working order if:

(a) For a mobile device, there is a Unit Deployment Log corresponding to the time period, date and location of the alleged violation being adjudicated that:

(1) Indicates that the electronic radar tuning fork reading was 36, 37 or 38 and that the radar test sequence displayed the figure “288 8888” at the beginning and the end of deployment; and

(2) Contains a certification by the operator that the device was correctly set up and deployed when the alleged violation was recorded; or

(b) For a fixed photo radar device, there are Fixed Site Logs for the device dated not more than four (4) days before and four (4) days after the date of the alleged violation that:

(1) Indicate that the electronic radar tuning fork reading was 36, 37, or 38 and that the radar test sequence displayed the figure “288 8888”; and

(2) Contain certifications by a technician or police officer, or both, that the device was correctly set up.

1035.3 The presence of the letter R or T on the left of the data box on the face of a notice of infraction indicates that the photo radar device was only recording the speed of the vehicle or vehicles shown receding in the image on the notice of infraction.

1035.4 (REPEALED)

1035.5 A vehicle traveling in the direction being tested and whose image is entirely or partially within the two diagonal lines of a cone shown on an official overlay transparency, when the hearing examiner places that transparency over a photo of the violation provided by the Metropolitan Police Department, is the vehicle whose speed was detected by the photo radar device. The dimensions of the cone and the overlay transparency are depicted below.

History of Regulations since Last Compilation by Agency (April 1995) Chapter 10 (Procedures for Administrative Hearings) Secs. 1006, Hearing on Revocation and Suspension and 1035, Official Notice, 48 DCR 7314 and 7316 (8-10-01) (DMV)

1035.6 An owner who answers a notice of infraction by submitting an affidavit furnishing the name, address, and driver's license number of the person claimed to have had custody, care, or control of the vehicle at the time of the infraction shall be deemed to have waived all other available defenses.

1035.7 An owner who answers a notice of infraction as described in § 1035.6 shall remain liable for the infraction if the Director or a hearing examiner determines that any or all of the information furnished is inaccurate.

1035.8 For the purposes of § 1035.7, any notice sent to the address provided in the affidavit and returned as undeliverable shall establish that the owner submitted inaccurate information.

1035.9 For the purposes of § 1035.7, any driver's license number submitted that, based on the records of the Department of Motor Vehicles or information in the Washington Area Law Enforcement System, does not match the name provided shall establish that the owner submitted inaccurate information.

1035.10 A respondent determined to have submitted inaccurate information in the affidavit described in § 1035.6 shall receive written notice of the determination and be afforded an opportunity for a hearing to contest the determination of the Department that the information submitted

was incorrect.

1035.11 Any person seeking a hearing under § 1035.11 must appear at the Department within sixty (60) days of receipt of the notice of determination.

1035.12 Failure to appear within the time period provided by § 1035.11 shall result in a default judgment being entered against the respondent in accordance with § 206(b) of the Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2302.06(b)).

1035.13 Nothing in this section shall preclude the Department from requesting that the respondent be criminally prosecuted for perjury.

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001); as amended by Final Rulemaking published at 50 DCR 10820 (December 19, 2003); as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 52 DCR 4023 (April 22, 2005).